    [Senate Hearing 114-142]
    [From the U.S. Government Publishing Office]

                                                           S. Hrg. 114-142

      S. 1694, TO AMEND PUBLIC LAW 103-434 TO AUTHORIZE PHASE III OF THE
       YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT FOR THE PURPOSES OF
      IMPROVING WATER MANAGEMENT IN THE YAKIMA RIVER BASIN, AND FOR OTHER
                                    PURPOSES

    =======================================================================

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENERGY AND NATURAL RESOURCES
                              UNITED STATES SENATE

                        ONE HUNDRED FOURTEENTH CONGRESS

                                 FIRST SESSION

                                       ON

                                    S. 1694

    TO AMEND PUBLIC LAW 103-434 TO AUTHORIZE PHASE III OF THE YAKIMA RIVER
      BASIN WATER ENHANCEMENT PROJECT FOR THE PURPOSES OF IMPROVING WATER
          MANAGEMENT IN THE YAKIMA RIVER BASIN, AND FOR OTHER PURPOSES

                                   ----------

                             TUESDAY, JULY 7, 2015

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                           Printed for the use of the
                   Committee on Energy and Natural Resources

                                  --------------

                             U.S. GOVERNMENT PUBLISHING OFFICE
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                          COMMITTEE ON ENERGY AND NATURAL RESOURCES

     LISA MURKOWSKI, Alaska, Chairman

    MARIA CANTWELL, Washington           JOHN BARRASSO, Wyoming
    RON WYDEN, Oregon                    JAMES E. RISCH, Idaho
    BERNARD SANDERS, Vermont             MIKE LEE, Utah
    DEBBIE STABENOW, Michigan            JEFF FLAKE, Arizona
    AL FRANKEN, Minnesota                STEVE DAINES, Montana
    JOE MANCHIN III, West Virginia       BILL CASSIDY, Louisiana
    MARTIN HEINRICH, New Mexico          CORY GARDNER, Colorado
    MAZIE K. HIRONO, Hawaii              ROB PORTMAN, Ohio
    ANGUS S. KING, Jr., Maine            JOHN HOEVEN, North Dakota
    ELIZABETH WARREN, Massachusetts      LAMAR ALEXANDER, Tennessee
                                         SHELLEY MOORE CAPITO, West
                                         Virginia

                                     ------

     KAREN K. BILLUPS, Staff Director
     PATRICK J. McCORMICK III, Chief
                  Counsel
       CHRISTOPHER KEARNEY, Budget
     Analyst and Senior Professional
               Staff Member
    ANGELA BECKER-DIPPMANN, Democratic
              Staff Director
     SAM E. FOWLER, Democratic Chief
                  Counsel
      MELANIE STANSBURY, Democratic
         Professional Staff Member

                                C O N T E N T S

                                  ----------

                               Opening Statements

                                                                       Page
    Murkowski, Hon. Lisa, Chairman, and a U.S. Senator from Alaska...     1
    Cantwell, Hon. Maria, Ranking Member, and a U.S. Senator from
      Washington.....................................................     2

                                   Witnesses

    Iseman, Tom, Deputy Assistant Secretary for Water and Science,
      U.S. Department of the Interior................................     4
    Sandison, Derek, Director, Washington State Department of
      Agriculture,...................................................    12
    Eberhart, Urban, General Manager, Kittitas Reclamation District
      and Farmer.....................................................    19
    Garrity, Michael, Director, Rivers of Puget Sound and the
      Columbia Basin, and American Rivers............................    26
    Rigdon, Phil, Superintendent, Department of Natural Resources,
      Yakama Nation..................................................    38

              Alphabetical Listing and Appendix Material Submitted

    Aigner, Rob and Tina
        Statement for the Record.....................................    94
    Aiken, Michael
        Statement for the Record.....................................    95
    Aiken, Michael and Madeline
        Statement for the Record.....................................    96
    Aiken, Shannon
        Statement for the Record.....................................    97
    Albulet, Lucretia and Mihai
        Statement for the Record.....................................    98
    Alpine Lakes Protection Society, et al.
        Statement for the Record.....................................    99
    Andrew, David
        Statement for the Record.....................................   105
    Angrisano, Robert
        Statement for the Record.....................................   106
    Aresu, Anthony (Diana, Avery, Kendall)
        Statement for the Record.....................................   107
    Bailey, Hailly
        Statement for the Record.....................................   109
    Blacker, Margot
        Statement for the Record.....................................   111
    Bocek, Thomas
        Statement for the Record.....................................   112
    Burke, Mark
        Statement for the Record.....................................   113
    Burt, Craig
        Statement for the Record.....................................   114
    Campbell, William
        Statement for the Record.....................................   115
    Cantwell, Hon. Maria
        Opening Statement............................................     2
    Chapman, Murray
        Statement for the Record.....................................   116
    Cranton, Timothy
        Statement for the Record.....................................   117
    Curtis, Robert and Melissa
        Statement for the Record.....................................   118
    Cyzner, Eric
        Statement for the Record.....................................   119
    Delarosa-Fountain, Nikki
        Statement for the Record.....................................   120
    Duncanson, Kay
        Statement for the Record.....................................   121
    Eberhart, Urban
        Opening Statement............................................    19
        Written Testimony............................................    21
    Fisette, Erica
        Statement for the Record.....................................   123
    Foster, Avery
        Statement for the Record.....................................   124
    Foster, Kelsey
        Statement for the Record.....................................   125
    Foster, Roger
        Statement for the Record.....................................   126
    Fountain, Tim and Jean
        Statement for the Record.....................................   127
    Friends of Bumping Lake
        Statement for the Record.....................................   128
    Friends of Lake Kachess
        Statement for the Record.....................................   129
    Frye, Carll and Robyn
        Statement for the Record.....................................   137
    Garrity, Michael
        Opening Statement............................................    26
        Written Testimony............................................    28
    Hazard, Albert
        Statement for the Record.....................................   138
    Heart of America Northwest
        Statement for the Record.....................................   139
    Hurley, Ann
        Statement for the Record.....................................   140
    Iseman, Tom
        Opening Statement............................................     4
        Written Testimony............................................     7
    Jones, Traci
        Statement for the Record.....................................   141
    Judd, Nancy
        Statement for the Record.....................................   142
    June, Christa
        Statement for the Record.....................................   143
    Jung, Charles and Carol
        Statement for the Record.....................................   144
    Kachess Community Association
        Statement for the Record.....................................   145
    Kachess Ridge Maintenance Association
        Statement for the Record.....................................   159
    Kachess Ridge Maintenance Association, et al.
        Statement for the Record.....................................   176
    Karaus, Matthew
        Statement for the Record.....................................   191
    Kearny, Katherine
        Statement for the Record.....................................   192
    Kearny, Ryan
        Statement for the Record.....................................   193
    Kitchell, MD, Robert
        Statement for the Record.....................................   195
    Kitchell, Virginia Rives
        Statement for the Record.....................................   196
    Koch, Melvin
        Statement for the Record.....................................   197
    Lewis, Ann
        Statement for the Record.....................................   198
    Lund, Ron and Amanda
        Statement for the Record.....................................   208
    Lynch, Raymie
        Statement for the Record.....................................   209
    Martin, Joel and LeaAnn
        Statement for the Record.....................................   210
    Maykut, Naydene
        Statement for the Record.....................................   211
    McPhee, Miles and Saundra
        Statement for the Record.....................................   212
    Murkowski, Hon. Lisa
        Opening Statement............................................     1
    Oslund, Steve
        Statement for the Record.....................................   213
    Owens, Clifford
        Statement for the Record.....................................   214
    Owens, Joann
        Statement for the Record.....................................   215
    Owens, Rachel
        Statement for the Record.....................................   216
    Owens, Stephanie
        Statement for the Record.....................................   217
    Parry, Jeff
        Statement for the Record.....................................   218
    Rigdon, Phil
        Opening Statement............................................    38
        Written Testimony............................................    40
    Rosen, Ross
        Statement for the Record.....................................   219
    Rotondo, Mary and Eric
        Statement for the Record.....................................   220
    S. 1694, the Yakima River Basin Water Enhancement Project Phase
      III Act of 2015................................................    57
    Sandison, Derek
        Opening Statement............................................    12
        Written Testimony............................................    14
    Schwartz, James
        Letter dated June 15 for the Record..........................   221
    Schwartz, James
        Statement for the Record.....................................   244
    Seguin, Kerry
        Statement for the Record.....................................   502
    Sheldon, Jeanne
        Statement for the Record.....................................   503
    Siddoway, Robert and Pauline
        Statement for the Record.....................................   504
    Sierra Club, Washington State Chapter
        Statement for the Record.....................................   505
    State of Washington Department of Fish and Wildlife
        Statement for the Record.....................................   517
    Storch, John
        Statement for the Record.....................................   520
    Stratton, Kathie
        Statement for the Record.....................................   521
    Stratton, Vern
        Statement for the Record.....................................   522
    Swart, Alex
        Statement for the Record.....................................   523
    Swart, Heidi
        Statement for the Record.....................................   524
    Thomas, Joel
        Statement for the Record.....................................   525
    Thomas, Kelli
        Statement for the Record.....................................   526
    Thomas, Lynne
        Statement for the Record.....................................   527
    Trout Unlimited
        Statement for the Record.....................................   528
    Walker, Scott
        Statement for the Record.....................................   531
    Watts, Jerry
        Statement for the Record.....................................   532
    Webster, Callie
        Statement for the Record.....................................   533
    Western Lands Project
        Statement for the Record.....................................   534
    Western Watersheds Project
        Statement for the Record.....................................   535
    WISE Use Movement
        Statement for the Record.....................................   536

      S. 1694, TO AMEND PUBLIC LAW 103-434 TO AUTHORIZE PHASE III OF THE
       YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT FOR THE PURPOSES OF
      IMPROVING WATER MANAGEMENT IN THE YAKIMA RIVER BASIN, AND FOR OTHER
                                    PURPOSES

                                  ----------

                             TUESDAY, JULY 7, 2015

                                           U.S. Senate,
                     Committee on Energy and Natural Resources,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10:09 a.m. in
    room SD-366, Dirksen Senate Office Building, Hon. Lisa
    Murkowski, Chairman of the Committee, presiding.

      OPENING STATEMENT OF HON. LISA MURKOWSKI, U.S. SENATOR FROM
                                 ALASKA

        The Chairman. Good morning, the Committee will come to
    order. We are meeting today to discuss Senate Bill 1694, which
    is the Yakima River Basin Water Enhancement Project Phase III
    Act of 2015, sponsored by Senator Cantwell.
        As we have discussed in this Committee and as we were just
    having a conversation about, drought conditions prevailing in
    the West, including the State of Washington, are significant.
    For those of us from the Pacific Northwest or the North it is
    quite unusual to be experiencing any level of drought. My
    hometown of Ketchikan in the Tongass Rainforest is short on
    water. People are buying water all the way down to Washington
    State. Certainly we have had many discussions in this Committee
    about the situation down in California, but it is not just
    limited to the Pacific Northwest or to the coastal areas. It is
    clearly west-wide.
        The legislation that we are going to discuss today presents
    an opportunity to build on the success of a significant example
    where water users, Federal and state officials and others, are
    working to ensure the delivery of water where it is needed.
        S. 1694 authorizes the first of three phases of the Yakima
    River Basin Integrated Water Resources Plan, and its goal is to
    ensure sufficient legal authority to achieve an integrated
    approach to water management for the Basin.
        I will ask Senator Cantwell to describe her bill more
    fully, but before I turn to her, there are a couple things that
    I would like us to keep in mind as we consider this
    legislation.
        First, in this bill and in any legislation we consider we
    need to evaluate and fully understand the financial commitment
    expected of our Federal agencies. The Federal Government can
    play a role in addressing water supply needs, but we also need
    to know, up front, what each bill would have us contribute.
        Secondly, it is critical that we have a good understanding
    of local support and any concerns that may exist as well as to
    ensure that state and private involvement is maximized both
    financially and in terms of decision making.
        As I look at those who have come east today to speak to us,
    it looks like a cross-section of interests are represented. I
    appreciate that. I think that will bode well for the discussion
    that we will have this morning.
        Senator Cantwell, thank you for your work on this piece of
    legislation, and I look forward to working with you on it.

     STATEMENT OF HON. MARIA CANTWELL, U.S. SENATOR FROM WASHINGTON

        Senator Cantwell. Thank you, Madam Chair, and thank you for
    holding this very important hearing and for being here this
    morning.
        As you mentioned, both of our states are feeling the impact
    of drought and climate impacts. I know that this legislation is
    an example of how some of the best and brightest are working
    hard on solutions at a local level, so thank you for having a
    hearing on S. 1694.
        Before I start, besides thanking the witnesses that are
    here from Washington, obviously representatives of the state
    and the tribe, the agricultural community and the fishing
    interests of our state, we are also joined by Yakima County
    Commissioner, Michael Leita, and Yakima Nation Council Member,
    Joe Lewis. I thank you both for being here as well.
        S. 1694, the Yakima River Basin Water Enhancement Project
    Act of 2015 is critical for the State of Washington. It ushers
    in a new era of water management for the State, and I believe,
    it is a management model for the entire West.
        This legislation is a major accomplishment for people who
    have been working on this issue for decades. Drought in
    Washington and across the West has caused billions of dollars
    in impacts this year alone, and it is predicted to cost
    billions more in the coming years.
        In a report released last July, the White House concluded
    that confronting climate catastrophes requires taking prudent
    steps now to prevent more severe consequences later. I could
    not agree more.
        As the Yakima Basin faces continued drought and climate
    impacts, the Federal Government has a responsibility to act now
    to prevent future impacts and costs in meeting its legal
    responsibilities in the Basin which include managing extensive
    Bureau of Reclamation projects, treaty and trust
    responsibilities with the Yakama Nation and Federal
    responsibilities in managing lands and endangered species.
    Failure to act now, I think, as mentioned, could have
    catastrophic economic impacts in moving forward. In contrast,
    an ounce of prevention could go a long way.
        Some of the issues here affect some of the most impacted
    agriculture lands and productive agriculture lands in our
    country as well as some of the most important sockeye salmon
    runs in the United States.
        S. 1694 authorizes the initial phase of a long term water
    resources plan for the Yakima Basin and recognizes the
    responsibilities and the imperative to act now. The bill would
    dramatically enhance the sustainability and resilience of the
    Basin, from snow-fed streams in the Cascade Mountains to the
    farms of the Yakima Valley, which are famous for apples,
    cherries, hops and vineyards. The Yakima Integrated Plan is
    designed to provide a balanced approach to long-term water
    supply and environmental issues in the Basin. It will provide
    more dependable water supplies to meet agricultural and
    municipal needs and significantly restore the fisheries and
    ecosystems of the Yakima River and its tributaries.
        The plan was developed through an extraordinary
    collaboration between local stakeholders who are represented by
    the witnesses here today. This work group includes state,
    local, tribal officials, agricultural interests, and
    environmental groups. And I have to say, it is amazing to see
    how much progress they have made working together. They have
    really created a bond which I think is exemplary in keeping the
    task at hand. Working together they have developed an
    integrated approach to managing water that could not be
    accomplished without cooperation. The result is what is before
    us today, a holistic approach.
        Without this plan the Yakima Basin will face continued
    water shortages and economic impacts, estimated by the state
    this year to reach $1.2 billion in crop loss due to drought.
    This summer the Basin is facing unprecedented drought. In some
    cases irrigation districts are delivering only 25 percent of
    normal water supplies. Low stream flows and warm water
    throughout the Basin are also threatening fish, such as
    steelhead and sockeye salmon. Protection of these species is
    critical to our community and particularly important to the
    Yakama Nation.
        Science tells us that drought conditions are likely to
    persist in the Basin in coming years. Low snowpack and heat are
    predicted to intensify with climate change and are likely to
    become the new normal. As such, we must do everything to avoid
    catostrophic impacts later. The Yakima Integrated Plan puts in
    place the necessary steps for the future sustainability and
    resilience of the Yakima Basin.
        The State of Washington is already investing in the Yakima
    Integrated Plan. Just last week the state appropriated $30
    million for the plan after approving $137 million in the last
    budget. In spite of severe budget constraints, the state
    recognizes that investing now will avoid more economic loss in
    the future.
        The Bureau of Reclamation's statutory mandate to manage the
    Basin's dams, hydropower facilities, and irrigation
    infrastructure, and legal requirements to manage stream flow
    for tribal and other needs means that the Federal Government is
    part of the solution. Without an integrated approach in the
    Basin, the Federal Government will face significant challenges
    including litigation costs in meeting responsibilities. So it
    is good to see Mr. Iseman here today and that in his testimony
    he supports an integrated approach, as you say in your
    testimony, which includes water storage, water conservation,
    stream flow management, fish passage, and habitat improvements
    to provide the best opportunities for moving forward.
        S. 1694 does just that. It includes provisions for improved
    infrastructure for water storage and conservation, ecosystem
    restoration and construction of permanent fish passage. Nearly
    every part of this plan will help both farmers and fish in the
    Yakima Basin. Projects will provide water to support the
    region's $3.2 billion agricultural economy while also restoring
    salmon runs that have been blocked for more than 100 years.
    This includes helping to restore one of the largest sockeye
    salmon runs in the lower 48.
        Because of local interests and their willingness to sit
    down to make a plan, I hope this does become a model for
    integrated water management plans and holistic approaches. I
    think it is a new paradigm in water management that could be
    replicated in other parts of the country.
        Here in the Energy and Natural Resources Committee we hear
    of divisive water conflicts in other parts of the West leading
    to gridlock which is ultimately destructive to the economy and
    environment. I think this approach points us down a different
    path.
        I look forward to hearing the witnesses today, and again, I
    thank all of the local individuals who have worked so hard on
    this project at moving it forward to where we are today in this
    legislation of S. 1694. I also want to thank my colleague,
    Senator Murray, for being an original co-sponsor on this
    legislation.
        Thank you.
        The Chairman. Thank you, Senator Cantwell.
        Let us go to our queue of witnesses. I would ask that you
    each limit your comments to no more than five minutes, and your
    full statement will be included as part of the record. Once
    each of you have given your statements, we will have a few
    questions for you.
        We will begin with Mr. Tom Iseman, who is the Deputy
    Assistant Secretary for Water and Science at the Department of
    the Interior. Next is Mr. Derek Sandison, who is the Director
    for the Department of Agriculture with the State of Washington.
    Mr. Urban Eberhart is a farmer and manager of the Kittitas
    Reclamation District. Mr. Michael Garrity is the Director of
    Rivers of Puget Sound and the Columbia Basin for American
    Rivers. Rounding out the panel is Mr. Phil Rigdon, who is
    Superintendent for the Department of Natural Resources with the
    Yakama Nation.
        Gentlemen, welcome to the Committee this morning. Thank you
    for traveling as far as you have. We will lead off with you,
    Mr. Iseman. Welcome.

     STATEMENT OF TOM ISEMAN, DEPUTY ASSISTANT SECRETARY FOR WATER
              AND SCIENCE, U.S. DEPARTMENT OF THE INTERIOR

        Mr. Iseman. Thank you, Madam Chair, Senator Cantwell. I am
    Tom Iseman, Deputy Assistant Secretary for Water and Science at
    the Department of the Interior.
        I thank you for the opportunity alongside our partners to
    provide the views of the Department on S. 1694, legislation to
    implement Phase III of the Yakima River Basin Water Enhancement
    Project or YRBEP. I'm joined by Wendy Christensen of
    Reclamation's Area Office in Yakima, who can assist with any
    technical questions that come up, and my written statement has
    been submitted for the record.
        YRBEP, Phase III, results from decades of congressionally-
    sanctioned work in the Yakima River Basin and the collaboration
    of the Bureau of Reclamation, Washington State Department of
    Ecology, the Yakama Nation, irrigation districts, local
    governments, nongovernmental organizations and several other
    state and Federal agencies. Along with the project's previous
    two phases, Phase III as authorized in S. 1694, aims to further
    the goals of protecting, mitigating and enhancing fish and
    wildlife habitat, increasing operational flexibility to manage
    in stream flows to meet ecological objectives and improving the
    reliability of the water supply for irrigation, municipal and
    domestic uses in the Yakima Basin.
        This legislation will facilitate construction of fish
    passage at Chelan Dam and at least one other Yakima Basin
    reservoir. Restoration of fish passage in the Yakima Basin is
    extremely important and culturally significant to the Yakama
    Nation and highly valued by Federal and state fish agencies.
        S. 1694 also allows for the irrigation districts to
    construct a facility to access a significant amount of water
    stored in the inactive pool of the Kachess Reservoir providing
    junior irrigation districts the additional water needed to
    increase their supply in drought years from possibly as low as
    20 to 30 percent to up to 70 percent of their supplies.
    Further, this bill allows additional funds for water
    conservation on the Yakama Reservation, the largest irrigator
    in the Basin.
        And in addition to a host of further benefits to water
    users in the Basin, S. 1694 enables the Secretary of the
    Interior to accept cost share for many of the authorized
    projects allowing their completion at a significant savings to
    the Federal budget. This kind of fiscal collaboration is
    particularly noteworthy as the Government strives under tight
    budgetary constraints to address the challenges posed by
    drought in a changing climate.
        S. 1694 has been introduced after many years of
    collaboration among a diverse group of stakeholders, who have
    traditionally held opposing views, but are now cooperatively
    working together to achieve real, tangible results to address
    these challenges.
        The Department appreciates the efforts of Senator Cantwell
    and the Committee staff to address concerns identified in
    earlier legislative drafts. As stated in my written statement
    we would like to continue to refine some specific provisions in
    the bill to clarify the Department's authorities and address
    potential problems with interpretation. We appreciate you and
    your staff's willingness to engage with us on those issues.
        In closing, we recognize that this bill takes into account
    the affects of multiple projects and activities working in
    unison over the long term to improve the health and vitality of
    the Yakima River Basin, to the benefit of communities,
    agriculture and the environment.
        I want to thank the working group, the partners who are
    here today and commend them for their work, their collaboration
    over time to bring this plan to fruition and the efforts, their
    continuing efforts, to move these projects forward.
        And I also want to thank you, Senator Cantwell, for your
    leadership on this bill.
        With that, Madam Chairman, the Administration is pleased to
    support the integrated plan and the goals of S. 1694, and I'm
    happy to answer your questions at the appropriate time.
        [The prepared statement of Mr. Iseman follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        STATEMENT OF DEREK SANDISON, DIRECTOR, WASHINGTON STATE
                       DEPARTMENT OF AGRICULTURE

        Mr. Sandison. Thank you.
        Chairman Murkowski, Ranking Member Cantwell, thank you for
    the opportunity to testify in support of Senate Bill 1694.
    While I am currently the Director of the Washington State
    Department of Agriculture, until recently I served as the
    Director of the Washington State Department of Ecology's Office
    of Columbia River where I led the state's involvement in the
    collaborative effort that is addressed in S. 1694.
        The Washingtonians recognize that there's a dry side of our
    state, Eastern Washington, and a wet side of our state, Western
    Washington. But this year both Eastern and Western Washington,
    like many other parts of the West, are suffering from drought.
    These conditions are creating great challenges for our farmers,
    our fisheries and for our communities. However, throughout
    Washington a number of efforts are underway to respond to those
    challenges. For example, the unique collaboration that has
    emerged in the Yakima Basin focused on developing a vision for
    a future where there is water for farming, water for fish,
    water for our communities, even in drought years. S. 1694 is a
    vital step in making that possible.
        The Chairman. Thank you, Mr. Sandison. Welcome.
        Mr. Sandison. By way of background the Yakima Basin is an
    approximately 6,000 square mile drainage basin in South Central
    Washington. It's a source of population for about 360,000
    people, and it's home to the Yakama Nation. The Yakima Basin
    contributes over $3 billion annually to the agricultural
    economy of the State of Washington and to the nation and
    exports many of its farm products to the ports of Seattle and
    Tacoma. It is also important to recognize that historically the
    Yakima Basin was the second largest producer of salmon and
    steelhead runs in the entire Columbia River system.
        Since 1905 the Bureau of Reclamation has managed surface
    water flows in the Yakima Basin. Reclamation operates five
    reservoirs with a total capacity of about a million acre feet
    which is about a third of the annual runoff, on average, in the
    Yakima Basin. The Yakima Basin is heavily dependent on the
    Cascade Range snow pack to supply water to the semi-arid lower
    basin during the summer months. In other words, the snowpack is
    our sixth reservoir.
        Management of water in the Yakima Basin has historically
    been contentious. The surface water resource of the Yakima
    Basin are over-appropriated and have been undergoing court
    adjudications since 1977. The state closed the Yakima Basin to
    additional ground water rights in the 1990s. Frequent droughts
    over the last several decades have demonstrated the
    vulnerability of the Yakima Basin's water supplies. During
    droughts in 2001 and 2005 and now in 2015, the irrigation
    districts served by the Bureau of Reclamation received or are
    receiving only about 40 percent of their supply.
        Aquatic resources of the Yakima Basin have also continued
    to suffer. Salmon and steelhead runs that historically numbered
    around 800,000 fish declined to about 8,000 fish by the 1980s.
    Several stocks were extirpated and the Basin's steelhead and
    bull trout are currently listed as threatened species under the
    Endangered Species Act.
        In 2009 the State of Washington and the Bureau of
    Reclamation began collaboration with the Yakama Nation and
    Basin stakeholders to formulate a comprehensive strategy to
    address the Basin's critical resource needs. That collaboration
    builds on the 1979 Federal Yakima River Basin Water Enhancement
    Project Act, or YRBWEP, and the 1994 Phase II amendments to
    that act. The strategy took shape in mid-2011 when consensus
    was reached on the Integrated Plan.
        The Integrated Plan is being proposed as Phase III of the
    YRBWEP. The Integrated Plan proposes major ecological
    restoration of the Yakima Basin through measures such as
    construction of fish passage at all in-basin reservoirs and
    implementation of mainstem and tributary habitat enhancements.
        The Integrated Plan also calls for substantial improvements
    in water supply for both in-stream and out-of-stream uses.
    Efficiency of existing use will be improved through expanding
    water markets and investing in additional agricultural
    conservation.
        The objectives of the Integrated Plan cannot be met without
    significant improvements in water storage. Additional capacity
    in the form of modified and new storage facilities will be
    needed to provide drought relief for existing irrigators in the
    Yakima Basin, secure water supplies for municipal needs and
    adequate water for fish migration.
        The importance of expanding water storage capacity is
    underscored by climate modeling that predicts substantial
    reductions in snow pack depth and duration, in other words,
    exactly what we're seeing in 2015.
        In 2013 Washington Governor Jay Inslee signed legislation
    that authorized the Department of Ecology to implement the
    Integrated Plan in conjunction with Reclamation and in
    collaboration with the Yakama Nation and Basin stakeholders. To
    date, the Governor and the legislature have made over $160
    million in capital investments to meet the multiple goals of
    the Integrated Plan, so we believe S. 1694 represents a similar
    commitment by our Federal partners to this special and powerful
    collaborative effort.
        We're deeply appreciative of your consideration of this
    legislation and very much appreciative of Senator Cantwell's
    leadership in this area.
        Thank you very much.
        [The prepared statement of Mr. Sandison follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you, Mr. Sandison.
        Mr. Eberhart, welcome.

        STATEMENT OF URBAN EBERHART, GENERAL MANAGER, KITTITAS
                    RECLAMATION DISTRICT, AND FARMER

        Mr. Eberhart. Thank you.
        Chairwoman Murkowski and Senator Cantwell, my name is Urban
    Eberhart, and I'm the manager of the Kittitas Reclamation
    District in the irrigation district serving 60,000 acres of
    prime farmland in the Yakima River Basin. I'm also a farmer. I
    was raised on our family farm near Ellensburg, and I'm still
    growing apples, pears and hay in Badger Pocket in the Kittitas
    Valley.
        I've been working on water issues in the Yakima Basin, have
    been following the Yakima River Basin Water Enhancement
    Project, ever since I went to my first Yakima Enhancement
    meeting with my father in 1979. I worked on the 1994 Yakima
    Basin Phase II legislation prior to its passage by Congress. It
    was intended to be an interim step to additional storage.
        In the Basin when we were asked to implement conservation
    measures authorized in the act we were told if we still could
    not meet the water supply needs of the Basin through
    conservation after they were implemented then we could come
    back and ask for additional storage.
        We've now created the Basin-wide Integrated Plan that is an
    example for other river basins throughout the country to look
    to. It is a template for others to follow on how diverse
    interests can come together to prepare a pathway for surviving
    drought and climate change and to impacts into the future.
        I support the enactment of S. 1694 authorizing Phase III of
    the Yakima River Basin Water Enhancement Project. The Yakima
    River Basin is one of the most productive agricultural areas in
    the nation. Principle crops grown in the Basin include fruit,
    vegetables, forage, hops and mint with many highly productive
    dairies, fruit packaging plants and other related businesses
    and industries tied to our Basin's bountiful harvests. These
    industries in the Basin alone produce more than $1.8 billion in
    crops and $1.4 billion in food processing sales.
        The KRD is a fully proratable irrigation district which
    means our district is one of several (like the Roza, Wapato and
    Kennewick districts). We are receiving 44 percent of our supply
    this year. The farmers in the Garrity will be out of water the
    first week of August instead of the middle of October. Our
    water will be cut off two and a half months earlier than
    normal.
        The Roza irrigation district was forced to shut down its
    entire water delivery system for three weeks during the prime
    growing season this year.
        A critically important and creative component of S. 1694
    includes providing innovative authorities for our non-Federal,
    proratable districts to be able to design, construct and
    maintain water storage access facilities contemplated by the
    first phase of the Integrated Plan. The bill would authorize
    the Secretary of the Interior to enter into long term
    agreements with the proratable irrigation entities in the
    Yakima Basin including KRD to plan, design, construct and
    maintain projects like the Kachess Drought Relief Pumping Plant
    on Federally-owned lands. I believe this effort could be the
    first of its kind and is innovative enough that other areas of
    the West could benefit from similar arrangements.
        Under S. 1694 the proratable districts in the Basin would
    enter into long term agreements with the Secretary and
    Reclamation to provide non-Federal ownership, management and
    financing in the construction of these facilities bringing
    emergency drought relief water supplies to the Basin quicker
    and with no burden on the Federal budget.
        We have some additional suggested improvements to the
    language of S. 1694 as introduced to further clarify the
    provisions in Section 1214, and we look forward to working with
    the Committee on improving this section.
        Another important provision in S. 1694 deals with restoring
    water flows in the tributaries in the Basin. We have found a
    way for farmers and fish to help each other. The pilot concept
    implemented in the Manastash Creek project converted 3.2 miles
    of the KRD canal to a pressurized pipeline conserving over
    1,200 acre feet of water annually that is used to keep water
    flows in the creek during critical fish migration periods.
        The Manastash project resulted in multiple in-stream and
    out-of-stream benefits that conserved water, increased in-
    stream flow in the lower Manastash. Benefits in addition to
    flows for fishing include reduced seepage, improved local
    irrigation system reliability and increased on-farm
    efficiencies and water conservation through the use of
    pressurized sprinkler systems. Farmers are still farming and
    the creek is now flowing opening up habitat for salmon and
    steelhead species in the process.
        In closing, I believe we have a good start with S. 1694.
    And as the irrigation districts in need of additional dry water
    supplies, we are stepping up to the plate in financing and
    constructing new water supply infrastructure in innovative
    ways. The State of Washington has provided over $130 million
    over the past two years to assist in implementing the
    Integrated Plan. Our proratable irrigation districts are
    contemplating non-Federal investments to build new water supply
    infrastructure.
        We look forward to the enactment of S. 1694 to assist in
    implementing the Plan, improving habitat for fish and wildlife,
    and creating new emergency storage water supplies for the
    future of the Yakima River Basin.
        Thank you for the opportunity.
        [The prepared statement of Mr. Eberhart follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you, Mr. Eberhart.
        Mr. Garrity, welcome.

     STATEMENT OF MICHAEL GARRITY, DIRECTOR, RIVERS OF PUGET SOUND
                AND THE COLUMBIA BASIN, AMERICAN RIVERS

        Mr. Garrity. Thank you.
        Thank you, Chairwoman Murkowski, Ranking Member Cantwell
    and members of the Committee. Thank you for the opportunity to
    testify and share American Rivers' support for the bill before
    the Committee, S. 1694, the Yakima River Basin Water
    Enhancement Project Phase III Act of 2015.
        American Rivers protects wild rivers, restores damaged
    rivers and conserves clean water for people and nature. And
    since 1973 we have protected and restored more than 150,000
    miles of rivers through advocacy efforts and on-the-ground
    projects.
        My name is Michael Garrity. I'm Director of Rivers of Puget
    Sound and the Columbia Basin for American Rivers, so I'm based
    out of Tacoma, Washington. I've worked on long standing issues
    of water supply reliability and fishery restoration in the
    Columbia and Yakima Basins for about 15 years.
        Just as for many Western river basins, controversy is no
    stranger to the Yakima, and American Rivers has been part of
    some of those controversies. Today is different. We join others
    in testifying in support of S. 1694. We're not asking you to
    choose sides. We're asking you to help us work together for an
    innovative, integrated plan to support the Yakima Basin's fish,
    farms, families and forests.
        The Yakima Plan, at its heart, is a set of pragmatic
    actions that address the Yakima Basin's major water supply and
    ecosystem challenges through seven integrated elements. The
    plan is envisioned to be completed over the next 30 years in a
    way that helps the Basin's major stakeholders. It authorizes
    the Initial Development Phase of the plan, the projects that
    make the most sense to do and are ready to do over the next ten
    years.
        We support the entire 30-year Yakima Plan. However, we note
    that some projects will be subject to environmental and
    economic review that may make them infeasible or uncover issues
    that could cause us to reconsider support.
        The Yakima Plan stitches together many elements, some
    previously authorized in Federal legislation and some
    undertaken by non-Federal actors. S. 1694 addresses the parts
    of the Initial Phase which require Federal authorization and it
    clarifies authority where that authority may be ambiguous.
        Some of the most important elements of the Initial Phase
    are construction of the Plan's first major water surface
    storage projects such as the Kachess Dry Relief Pumping Plant
    and the Keechelus to Kachess Conveyance Facility, construction
    of fish passage projects both upstream and downstream at
    Reclamation reservoirs, increasing storage at Cle Elum
    reservoir by three feet, continued water conservation and
    efficiency projects, continued and expanded habitat projects to
    benefit salmon, steelhead and bull trout and ground water
    recharge programs.
        Now I'll discuss American Rivers' perspective on the bill
    in more detail. We look for opportunities to advocate for new
    ways of doing business to promote healthy rivers in a variety
    of settings including water supply and water management. The
    Yakima Plan in S. 1694 fosters innovative and integrated water
    management and watershed restoration. Specifically the plan and
    the bill embrace integrated approaches including making better
    use of existing infrastructure before building new reservoirs,
    embracing water conservation, conjunctive use of ground and
    surface water, water markets and viewing problems and solutions
    from a watershed perspective. It also embeds fishery
    restoration into water management and makes fishery restoration
    a co-equal purpose with water supply reliability.
        It's also innovative. New approaches are needed in solving
    Western water problems. The art of fighting water issues to a
    science standstill must end given the present threats to
    ecosystems and water supplies.
        American Rivers and other conservation groups have long
    fought new Federal water projects, in part due to Federal
    subsidies that have provided artificial incentives for their
    construction. To their credit the Yakima Irrigation Districts
    have proposed and the bill authorizes private financing for
    water supply projects. We strongly support this approach, and
    we believe it addresses the criticisms that have been raised
    about some of the Plan in general from a Washington State
    University Economic Study because the irrigators are taking on
    the risk themselves rather than the taxpayers. The plan also
    innovatively links land conservation with management of
    Reclamation reservoirs, and it addresses not only drought but
    the impacts of climate change over the long term. As this year
    demonstrates with its low snow pack, actions taken for drought
    response will also help us as the climate warms.
        There are a number of details and bill elements that we
    hope will be refined through the legislative process. We hope
    to work with bill sponsors and this Committee to address
    lingering substantive issues and move S. 1694 forward.
        In conclusion we believe that the bill is a major step
    toward a workable 21st century framework for water management
    in the West and that it offers major environmental benefits for
    the Yakima River Basin. For these reasons we urge you to
    support S. 1694, strongly support it, and are looking forward
    to working with you to pass this legislation.
        Thanks.
        [The prepared statement of Mr. Garrity follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you, Mr. Garrity.
        Mr. Rigdon, welcome.

    STATEMENT OF PHIL RIGDON, SUPERINTENDENT, DEPARTMENT OF NATURAL
                        RESOURCES, YAKAMA NATION

        Mr. Rigdon. Well, thank you, Chairwoman Murkowski, Ranking
    Member Cantwell.
        I'm Phil Rigdon. I oversee the Department of Natural
    Resources for the Yakama Nation, and I'm also a member of the
    tribe.
        Thank you for this opportunity to testify for the Yakima
    Basin Water Resource Management Plan and on Senate bill 1694.
    We greatly appreciate Senator Cantwell's leadership on this
    important issue and legislation.
        The Yakama people have lived in the Pacific Northwest since
    Time immemorial. When we entered into the Treaty of 1855 we
    ceded 12 million acres of land to the United States. Most of
    that land, that would now describe Central Washington, in that
    treaty the United States guaranteed our people right to have
    and harvest salmon and other natural resources both on the
    reservation and in off-reservation use on custom fishing
    grounds.
        Perhaps no one has ever more accurately described the
    importance of salmon to my people than the U.S. Supreme Court
    Justice and former Attorney General, Joseph McKenna, who--for
    an eight-one majority, the landmark decision of the U.S. versus
    Winans in 1905, stated that salmon were not much less necessary
    to the existence of Winans than the atmosphere they breathe.
    That decision established the reserved right doctrines of
    Indian Treaty law.
        At the time of the treaty there were often 12 to 15 million
    salmon returning to the Columbia River Basin. In some years
    that figure approached 30 million returning salmon. The Yakima
    Basin was second only to the Snake in the fish it contributed
    to the Columbia every year. Salmon are not only an integral
    part of the Indian people, but they have been and are a major
    part of the economy of the Columbia Basin and provide a
    livelihood and means of recreation for tens of thousands of
    non-Indians as well.
        As a result of the hydro dam, over fishing, destruction of
    habitat, including dewatering streams for the benefit of the
    irrigation by the early to mid-part of the 20th century, salmon
    runs that were in drastic decline with the returning numbers
    reduced from millions down to thousands while the Boldt
    decision and Belloni decisions of the 1960s and 70s confirmed
    our authority of self-regulating Treaty tribe with rights to
    half the fish in the Columbia River Basin and as co-managers of
    the resources half of nothing is nothing. Rather than waiting
    for our rights and resources to be restored, we have taken the
    active role in successfully rebuilding diminished runs and
    guaranteeing the existence of our Treaty fish.
        In the Yakima Basin, the state fisheries agencies that
    basically had given up at one point. The Yakama Nation took a
    different approach. We spoke for those species that cannot
    speak for themselves. The Yakama Nation took the lead in
    securing a sweeping series of amendments from the Northwest
    Power Act and to make fish and wildlife an equal priority. We
    developed a scientifically-based program needed to restore runs
    from modern fish screens and ladders. We have worked
    successfully with farmers and local conservation districts to
    remove passage barriers and restore habitat. We began
    supplementing runs with a scientifically-based hatchery
    program. Our goal was to restore historically present stocks of
    salmon and other species of interest to the Yakima Basin. This
    includes reintroduction of three species that were extirpated
    from the Yakima, the Coho, Summer Chinook and Sockeye Salmon.
    This has led to a number of returning fish increasing from
    several thousand total adults in the early 1980s to over 25,000
    for each of the past six years and a modern record number of
    50,000 adults returned in 2014. Our effort has led to
    restoration of salmon fishing seasons for Indians and non-
    Indians alike.
        After opposing each other in court for decades the tribes
    and the irrigators, environmental groups, the state and local,
    county governments rose up through cooperation and sitting down
    together and compromising we could save the salmon while
    simultaneously having a vibrant agricultural based economy.
    This successful history of cooperation has led us here today.
        In 2015, in the midst of the most serious drought in
    decades, we're able to supplement stream flows by working with
    the Kittitas Reclamation District to use their canal to deliver
    water to fish streams. The spirit of cooperation exemplified by
    the Yakima Basin Integrated Plan gives us hope going forward to
    see full restoration of salmon runs and other natural resources
    vital to the Yakama people's needs while providing the
    sustainability to the agricultural sector.
        Our work has shown some success, but the remaining
    challenges are great and require us to increase the scope of
    our efforts. Most of the best cold water habitat in the Yakima
    Basin remains blocked by impassable storage dams and many
    impassable irrigation diversions. The habitat is mostly
    publicly-owned and has relatively pristine habitat and stream
    flow conditions. As we face growing impact of climate change,
    restoration of salmon access to these higher elevation areas
    will be critical.
        I am pleased to say the state is now a full partner with
    the Yakama Nation developing and implementing a plan to restore
    salmon. The coalition you see before you today represents a
    remarkable collaboration among long-time adversaries who have
    come together to develop a package of solutions to the big
    problems facing the Yakima Basin.
        With the help of Congress we will succeed in this worthy
    endeavor.
        Thank you.
        [The prepared statement of Mr. Rigdon follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you, Mr. Rigdon.
        I appreciate the comments and the testimony from each of
    you this morning.
        It is not very often that we have a whole panel that is in
    unison about a bill that we have in front of us which begs the
    question who opposes this? It is not possible that we could be
    sitting here having a discussion about fish and water and not
    have some opposition out there. So I would like a little bit of
    perspective here.
        You have hit on it, Mr. Rigdon. There has been a history
    here, decades, where you have been working against one another
    and now we have come to this place where there is clearly a
    very collaborative effort going on. That is appreciated. We
    always like it when you come to us with solutions. But in terms
    of any pockets of resistance, there have been a couple of you
    that have mentioned that there needs to be some fine tuning to
    the bill. We need to work with some language here and some
    interpretation, some department authorities. But are there
    pockets of resistance that are out there?
        I think, Mr. Garrity, you mentioned in your testimony that
    expansion of the Bumping Reservoir could be controversial
    because it would impact homes that are occupied by local
    critics. What opposition will we encounter with this or is this
    truly one of those measures where, because of the years of work
    and the collaborative nature, we have eliminated most of the
    criticism here?
        Mr. Garrity. I think that the bill is designed to focus on
    the first ten years of the plan, the Initial Development Phase,
    and it authorizes those projects only. And those projects are
    relatively uncontroversial on the water storage side, mostly
    the water storage projects that are controversial within the
    plan. There's some opposition among some homeowners around Lake
    Kachess that exist. So it's not--not everyone likes the Initial
    Development Phase necessarily, but like I mentioned in my
    testimony, it includes the projects that are most ripe for
    implementation and the least controversial of the suite of
    projects.
        Another thing I mentioned in my testimony this morning is
    that there's been some criticism of the plan for--and the water
    storage projects in particular as potentially expensive for
    Federal and/or state taxpayers. And the way that Kachess and
    the Keechelus to Kachess Conveyance Project would be financed
    it basically renders that argument mute because the irrigators
    or other water users would pay for those projects and finance
    them themselves.
        The Chairman. Let me ask then on the cost side of that
    because I mentioned in my opening remarks that that is
    something that we are looking to is what will the expense be?
        I think it was you, Mr. Sandison, who mentioned the state
    had contributed about $160 million so far under the Integrated
    Plan. I think I heard somebody else say, maybe it was you, Mr.
    Eberhart, $130 million. So the state's participation is in that
    range.
        What do you estimate the state contribution towards the
    project proposed under the legislation will be and again, when
    we are talking about cost, recognizing that we have a series of
    phases here? What are we looking at realistically?
        Mr. Sandison. Chairman Murkowski, so I'll respond.
        The Initial Phase which is considered the first ten years
    of the Integrated Plan, this is a 30-year project. We've
    divided the project up into three 10-year phases.
        In the first phase the estimated cost for the entire
    project is about $900 million.
        The State of Washington in 2013, the state legislature in
    2013, passed governor request legislation that committed the
    state to up to 50 percent of the total cost of the Integrated
    Plan over the 30-year period.
        The--if we go back to the first phase and that $900
    million, the biggest, single chunk of that would be the
    Kachess, Lake Kachess projects, the water storage project and
    the Associated Conveyance System. And that's the project that
    the irrigators have indicated they're willing to step up and
    arrange financing for it and pay for it. So not quite half, but
    close to half, of the total cost of the first phase is
    represented by that commitment.
        The largest single project, other than the water supply
    project, is the fish passage project at Lake Cle Elum. The cost
    estimate, Bureau of Reclamation's estimates are at about $125
    million. And again it's all anticipation that the state would
    manage half of that or the cost of that project.
        So the exact number that was used in looking and evaluating
    the current legislation but it was in that neighborhood of, I
    think, about $140 million on the Federal side, again, matched
    with state money and with irrigator finance projects.
        The Chairman. Mr. Iseman, is that your understanding in
    terms of how it would break down as well on the Federal side?
        Mr. Iseman. Yeah, those are roughly comparable to our
    numbers, about looking at $900 million to $1 billion in
    infrastructure investment in total. Infrastructure as well as
    habitat and restoration, acquisitions, conservation, we're
    looking at about $350 to $375 million, potentially, for the
    Federal side of that.
        One of the things, as we talked about in the testimony,
    that we find impressive or remarkable about this partnership,
    is the efforts to look at innovative ways of financing this
    including having the state step up as they have and also
    looking at other ways to bring private sector and other
    partners on board to finance parts of these projects.
        And so, you know, there's a significant investment looking
    forward. But we believe that through these partnering and
    innovative financing mechanisms that we can get some of this,
    some of these, activities accomplished.
        The Chairman. Thank you.
        Senator Cantwell.
        Senator Cantwell. Thank you, Madam Chair.
        Well, Mr. Iseman, we have already had a line item for the
    Yakima Basin for several years now, correct?
        Mr. Iseman. Correct.
        Senator Cantwell. As the agency, how would you describe it
    best met the Federal obligations to try to mitigate the impacts
    and to manage the oversight of irrigation and conflict that is
    there?
        Mr. Iseman. Could you rephrase the question, Senator?
        Senator Cantwell. How would you characterize the line item
    and the----
        Mr. Iseman. Right.
        Senator Cantwell. Responsibility we have to our partners?
        Mr. Iseman. Right. Right. So we do have a line item for the
    YRBEP activities, the Yakima Basin activities. A lot of it is
    for what we've done historically through the first phases of
    this partnership. We're also starting to invest more in the
    newer elements that are a part of this first phase of the
    Integrated Plan.
        The total amount is about $12.8 million right now, and we
    have made some increases over the last several budget requests.
    The way we're looking at it is that we need to continue to make
    the investments to keep these projects moving forward, and
    that's the way we're thinking about our budget request.
        Senator Cantwell. Would you say that your agency, the
    Department of the Interior, might worry most about those
    Federal responsibilities as it relates to the Bureau of
    Reclamation and on irrigation and hydro and things of that
    nature, in responsibilities, trust responsibilities, to the
    tribe that someone else in the Federal Government might be more
    concerned about the state or Mr. Eberhart's issues about
    economic damage and crop loss?You may not be the agency for
    that information.
        Mr. Iseman. Right.
        Senator Cantwell. Is that right?
        Mr. Iseman. But I think that's right that--and one of the
    things that we have tried to do is bring the entire Federal
    family together because we know multiple Federal agencies have
    an interest in elements of this Plan including the U.S.
    Department of Agriculture and other potential partners that can
    be contributing to activities under the Integrated Plan.
        And so, you're right. We focus on the elements that are
    most closely related to our water supply obligations and treaty
    responsibilities, and we're trying to bring in these other
    partners, including other Federal agencies that can make
    contributions towards the Plan.
        Senator Cantwell. So doing nothing is not free, I guess is
    the best way. Is that correct?
        Mr. Iseman. Doing nothing is not free?
        Senator Cantwell. Right.
        Mr. Iseman. That's right.
        Senator Cantwell. We will incur costs.
        Mr. Iseman. Oh, absolutely. I mean, that's one of the
    things that I think is most important about this Plan is that
    we're looking into the future, and we face tremendous risks due
    to drought, and we need to make investments now. This Plan is
    identifying the activities and how we're going to fund them in
    partnership to build resilience to drought, and there's a lot
    of risk if we do nothing, absolutely.
        Senator Cantwell. Thank you.
        Mr. Eberhart, you, I think, mentioned the $3.2 billion of
    economic activity associated with the Basin, related to
    agriculture. Is that Yakima County and----
        Mr. Eberhart. It would be the Yakima Basin and it would be
    all the agricultural commodities that are produced directly at
    the farm gate and then all of the add-ons that are done to
    process them.
        Senator Cantwell. How many counties would you say?
        Mr. Eberhart. Oh, that is Yakima, Kittitas and Benton,
    three counties, yes.
        Senator Cantwell. So three counties produce $3.2 billion
    worth of economic activity from agriculture on an annual basis?
        Mr. Eberhart. And a lot of exports.
        Senator Cantwell. Yes, I know, it is pretty impressive. I
    definitely do not want to see the drought impacts, the lack of
    water, negatively impact that.
        Mr. Garrity spoke to the fish issue, but I guess one of the
    things that it is safe to say is that for part of this project
    you guys did not hang out together. Is that right? [Laughter.]
        Yet I feel like, while you didn't use duct tape, it is a
    little bit like Apollo 13, like you get this critical moment
    and you are like, we have to do something, right? We have to
    come up with a better plan. But what made that happen? What
    brought you all to come together on things that you may have
    been fighting each other on in the previous decades?
        Mr. Garrity. Thanks, Senator Cantwell. I think it was a
    confluence of events that came through a process. That, I
    think, sort of, came out of the original YRBEP legislation and
    then followed by a study of a large reservoir called Black Rock
    that concluded in 2008. And that project turned out to be
    infeasible because of expense and because of some issues in
    terms of its effect on contaminated ground water underneath the
    Hanford Nuclear reservation and as well as operating costs. And
    multiple stakeholders including, I think, all four of us on
    this, from the state, on this panel came together and had
    similar comments on where we should go forward with that.
        And Mr. Sandison, when he was Director of the Office of the
    Columbia River, came up with a supplemental component to the
    storage study that was underway at that time that included,
    that basically laid out the initial, sort of, a general
    skeleton of the plan that the bill would help carry out.
        I think that is just really a pragmatic recognition on the
    part of the Yakama Nation and the irrigation districts and
    American Rivers, Trout Unlimited, the Wilderness Society,
    National Wildlife Federation, that we needed a practical
    solution that addressed the urgent needs of the fisheries and
    river health in the Basin.
        Senator Cantwell. It seems to me that part of the issue
    here is that while it might have been great to have a solution,
    something that was, let us just say, simpler, I guess is one
    way to describe Black Rock and the concept about, here is an
    easy solution. Let's just add more storage.
        Where we have ended up today is something that is much more
    integrated and much more elaborate in trying to solve the
    problem which, I think, is something to be recognized on a
    national basis, not just because it is holistic, although I
    definitely believe in that. That is what you represent, each of
    your interests. But the fact that the Plan says there are some
    things you can do today, and we should do those. There are some
    things that we can use that are market driven forces we should
    try to implement. Then the whole plethora of everything from
    conservation to utilization to increasing storage capacity.
        So I don't know if you have a comment on that about that
    issue of the complexity of an Integrated Plan providing so much
    of the solution.
        Mr. Rigdon. Thank you.
        I think the whole context, what we're talking about, is the
    complexity of the Yakima Basin in its own right. We have the
    whole gamut. We have a tribe that's fighting for its Treaty
    rights and stream flow. You have the irrigators and the junior
    water right holders and the conservation and the needs aren't
    met. And we've gone through--the last 40 years realizing that
    the tribe and the irrigators aren't going to meet those things.
        We've come together as a community to say for us to succeed
    we've got to work together instead of--and take on these
    complicated challenges. And I think that's the real important
    part.
        Black Rock was an idea of pumping water from the Columbia
    that has its own series of issues that the tribe argues and
    fights on actually, but the idea let's look in house, let's
    find the solutions and let's work to get to these things. There
    was a real important part of that is that the tribe and Roza
    sat down and we actually sent a letter together which is--we've
    been adversaries for, you know, probably since Time immemorial
    in its own right. And we signed that letter saying we've got to
    change and these principles of what really needs to happen. And
    having Ecology and the Bureau of Reclamation willing to take on
    that challenge and be a part of that conversation was really an
    integral part of what happened.
        Senator Cantwell. Thank you.
        The Chairman. You have mentioned that this Integrated Plan
    and the approach, the collaborative approach, can be viewed as
    a model in other areas. The word template has been used, but we
    also recognize that it is pretty tough to take a one size fits
    all approach to pretty much anything around this country
    because our regions are different, our needs are different and
    it complicates it a little bit.
        How unique or what aspects of what you have put together
    with this Integrated Plan are unique to the Yakima Basin and
    thus would not be as easily replicated in other regions? For
    instance, look at the situation down there in California. They
    are clearly struggling for answers. How should they deal with
    fish and agriculture needs? We are trying to draft legislation
    that will be helpful to them.
        Can you identify either any areas that are particularly
    innovative that help you with the approach that you have taken
    or that are so unique to the Yakima Basin that that is one of
    the things that has allowed this to gel? Mr. Iseman, you look
    like you want to jump in here.
        Mr. Iseman. Well I had a few thoughts on that. There are
    some unique aspects to what we're seeing in the Yakima, and one
    of them that I'd appreciate comments from the rest of the
    partners is about how their relationship has developed over
    time. But clearly they've been working together for a long
    time, and I think that's been essential to getting them to the
    point where we are with the Integrated Plan and what we're
    talking about today.
        But a few of the other things that are important. One is
    looking at a watershed scale and thinking about multipurpose
    objectives. And as Senator Cantwell said, it's easy to think
    about a single solution but oftentimes that won't meet multiple
    objectives at a watershed scale. And so thinking at this scale,
    I think, is very important.
        Looking at the long term to how they build drought
    resilience. You know, even this plan maps out 30 years, let
    alone these investments will be paying dividends for decades
    beyond that. And so thinking that long term drought resilience,
    oftentimes, we see places that are caught by surprise and maybe
    more reactive. So that's an important element.
        And also the funding strategy is always a challenge in
    terms of how you fund things. And having the state step up as a
    partner, a lot of the local irrigators being willing to invest
    and other partners. Finding ways to bring the resources
    together to accomplish the objectives of the plan, those are
    some of the key lessons that I take from this.
        And Bureau of Reclamation does try to foster this kind of
    collaboration through Basin studies is one of the activities
    where we try to bring stakeholders together to think about long
    term challenges and ways to address them. But I would say that
    this partnership is really mature and unique in terms of their
    accomplishments.
        The Chairman. Does anyone else want to weigh in? Mr.
    Sandison?
        Mr. Sandison. Yes, I agree with Mr. Iseman's assessment
    that we looked at a watershed scale. I think one of our biggest
    hurdles to overcome in the first place was getting fundamental
    agreement on what the problem was. In the past we'd looked at
    water supply, what has been mentioned of a water supply project
    that was considered early on, but this, sort of, just add water
    approach to solving the problems of the Basin wasn't going to
    work. That we needed to understand that you had a whole suite
    of issues, problems that needed to be solved in the Basin and
    recognizing how those are interconnected was important in terms
    of general recognition of what the scope of what needed to be
    done to correct the problems of the Basin.
        The other thing, and this speaks to the people that have
    been involved in the effort in Yakima was a willingness to,
    kind of, to set aside narrow, self interests and look to the
    broader good of the Basin and kind of, the recognition that--
    because you're not going to get that. Any individual interest
    in the Integrated Plan is not going to get everything they
    want, but they're going to get a lot of what they want. And at
    the same time others will get a lot of what they need or want.
        And it was, sort of, this quest for a win/win sort of
    relationship in the Basin and achieving harmony rather than
    going to court and spending decades fighting in court. I think
    that was an important element of the success in putting this
    together.
        The Chairman. Good. Others? Mr. Garrity?
        Mr. Garrity. Well I'd add that I think the combination of
    state and Federal investment and readiness to help this process
    forward was really helpful. That the state has started the
    Office of Columbia River in 2006 which allowed some seed
    funding and room for creativity and collaboration on the state
    side. As Mr. Iseman mentioned, the Secure Water Act and the
    Basin study program was critical in basically matching some
    state investment early on that helped move the process forward.
        The Chairman. I do not have any further questions for the
    panel, but I know that Senator Cantwell wants to continue.
        So thank you.
        Senator Cantwell. Thank you, Madam Chair.
        Just to that point, we obviously all, on a West-wide basis
    see those regions, California, Oregon, others, struggling with
    this. Do you think that our previous efforts on management
    within the region taught us a lot because obviously we have had
    many people here on other water settlements that have been
    through extensive legal battles? So is it the fact that we are
    able to take things off the table because we knew they did not
    work that brought people to the table or do you think there is
    something so unique about Washington? Which I am happy to
    believe. [Laughter.]
        We are very collaborative; I mean, the Klamath Basin comes
    to mind. Why isn't the Klamath Basin pursuing a similar
    approach?
        Mr. Sandison. Because we are unique in Washington.
        Senator Cantwell. Okay. [Laughter.]
        Mr. Sandison. Yeah. Again, I think this was, in many
    respects, just a matter of maturity that, as you indicated,
    that many previous attempts had failed in terms of trying to
    come up with support for individual projects. And it was the
    recognition that, again, it's a broader set of problems that
    we're trying to resolve than just simply adding water to the
    stream or to the river.
        That broader sense, but also the notion that the time was
    right, that decades had gone by, study after study and no
    substantive action. And that it really, we were at a point
    where the--in fact this was discussed in the first meeting when
    the workgroup was pulling together. There was a large mural or
    a poster with a stack or a picture of all the studies that have
    been done in the Yakima Basin prior to the workgroup being
    formed.
        It was a mountain of documents, yet no, again, very low
    substantive action. And I think that the folks in the room, the
    stakeholders, the Yakama Nation, the state, Bureau of
    Reclamation, others, just realized that we have to do something
    to change the status quo to make these improvements. And there
    was just this overall commitment to say, yeah, I'm willing to
    set aside my individual, specific interests right now and
    again, work for the greater good.
        So I guess it was a, no pun intended, it was a watershed
    moment, I think, back in 2009 when the group formed and came to
    this, sort of, realization that it was time to put something on
    the ground.
        Senator Cantwell. Well, I think having a seat at the table
    for everyone certainly conveyed that. I remember a meeting that
    we had with Secretary Salazar and Doc Hastings.
        Mr. Sandison. Exactly.
        Senator Cantwell. With the Bureau of Reclamation and I
    don't know how many, 30 people.
        Mr. Sandison. Yup.
        Senator Cantwell. On a Sunday morning.
        Mr. Sandison. Yes.
        Senator Cantwell. Because that is when the Secretary's
    schedule would allow. The fact that everybody was there meant
    that it was going to be a serious approach, that it was not
    going to be torpedoed later by somebody who was not at the
    table.
        Mr. Sandison. Right.
        Senator Cantwell. So I think the fact that it became a real
    process led people to then decide what are the most
    fundamentally important things to get done, as you have
    outlined in this phase of the project.
        Mr. Eberhart, I cannot remember, but somebody's testimony,
    municipal water issues were really at risk here, right? I mean,
    when you look at how this is going to be. If we did not come up
    with a plan, pretty soon some of the challenges were going to
    be right within the municipal system, right?
        Mr. Eberhart. Yes. And in the Integrated Plan, in this
    process, we have covered the supply that the municipalities
    will need to grow as we move forward. So we did improve that
    too.
        I think one of the other things that wasn't touched on in
    the whole discussion of how we got together or why we are where
    we are and one key point is pure survival. None of the
    interests will be able to, would have been able to survive if
    we would have continued on the same road that we were on.
        So it was time, as it's been mentioned by the other panel
    members, it was time to move forward and come up with a way
    that we could solve the problems and that we could do it. We
    knew we could do it cooperatively, together. We also knew that
    we couldn't do it individually. So it was just a realization
    that the things would be so bad if we didn't do this.
        Senator Cantwell. To that point, Mr. Iseman, we appreciate
    the Administration's support. You have outlined in your
    testimony how do we work together with other agencies that will
    be involved in this? You will be the point person for that?
        Mr. Iseman. Yeah. We'll actually have something called the
    DC Leadership team that includes all the Federal agencies that
    have an interest in the Yakima Integrated Plan.
        We're going to meet with this group and some of those
    agencies later today to talk more about these issues and how to
    move forward.
        We know that legislation provides a good road map for where
    we need to go, but there's going to be a lot of work between
    now and then in terms of how we execute it. So we will continue
    to work with the other agencies and the Administration as well
    as the local stakeholders to advance these projects.
        Senator Cantwell. Well, again I want to thank the region
    for being here today and the witnesses. I cannot say how
    impressed I am and excited by the Plan that you have put forth
    that is now incorporated in this legislation and how much I
    appreciate being able to represent those interests in the
    context of it's great to have such innovation and bring it back
    here to Washington. I hope that it does help us understand some
    of the challenges we do face with drought.
        Mr. Iseman, I doubt this will be the last time you will be
    before this Committee talking about what we are going to do
    about that in the future. What I like about this Plan is that
    you can get agreement on the lowest hanging fruit. Implementing
    those solutions right away can help us mitigate some of the
    huge economic impacts that we are going to see from drought.
        So, I think looking at this as, if nothing else, an example
    for how low hanging fruit can be something that we prioritize
    in our most stricken drought areas, I think, will be very, very
    helpful for us.
        Again, thank you, Madam Chair for holding this important
    hearing. And again, congratulations to everybody for their hard
    work on this. I know you didn't used to hang out, but thanks
    for hanging out----
        [Laughter.]
        Senator Cantwell. Together today, and thanks for your--I
    know you guys have built friendships, so thank you.
        The Chairman. I want to join my colleague from Washington
    in thanking you, not only for this issue, but I do think that
    it gives others around the country in the West, a glimmer of
    hope that perhaps after decades of their own water wars they
    might be able to come to legislative solutions that will
    prevail for all stakeholders.
        So, thank you for not only being before the Committee
    today, but for your years of engagement on very important
    issues. We appreciate you being here.
        With that, the Committee stands adjourned.
        [Whereupon, at 11:13 a.m. the hearing was adjourned.]

                          APPENDIX MATERIAL SUBMITTED

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