[Senate Hearing 116-291]
[From the U.S. Government Publishing Office]
S. Hrg. 116-291
THE COLORADO RIVER DROUGHT
CONTINGENCY PLAN
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HEARING
BEFORE THE
SUBCOMMITTEE ON
WATER AND POWER
OF THE
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
__________
MARCH 27, 2019
__________
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the
Committee on Energy and Natural Resources
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
36-260 WASHINGTON : 2020
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
LISA MURKOWSKI, Alaska, Chairman
JOHN BARRASSO, Wyoming JOE MANCHIN III, West Virginia
JAMES E. RISCH, Idaho RON WYDEN, Oregon
MIKE LEE, Utah MARIA CANTWELL, Washington
STEVE DAINES, Montana BERNARD SANDERS, Vermont
BILL CASSIDY, Louisiana DEBBIE STABENOW, Michigan
CORY GARDNER, Colorado MARTIN HEINRICH, New Mexico
CINDY HYDE-SMITH, Mississippi MAZIE K. HIRONO, Hawaii
MARTHA McSALLY, Arizona ANGUS S. KING, JR., Maine
LAMAR ALEXANDER, Tennessee CATHERINE CORTEZ MASTO, Nevada
JOHN HOEVEN, North Dakota
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Subcommittee on Water and Power
MARTHA McSALLY, Chairman
JOHN BARRASSO CATHERINE CORTEZ MASTO
JAMES E. RISCH RON WYDEN
BILL CASSIDY MARIA CANTWELL
CORY GARDNER BERNARD SANDERS
LAMAR ALEXANDER
Brian Hughes, Staff Director
Kellie Donnelly, Chief Counsel
Lane Dickson, Senior Professional Staff Member
Sarah Venuto, Democratic Staff Director
Sam E. Fowler, Democratic Chief Counsel
Rebecca Bonner, Democratic Professional Staff Member
C O N T E N T S
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OPENING STATEMENTS
Page
McSally, Hon. Martha, Subcommittee Chairman and a U.S. Senator
from Arizona................................................... 1
Cortez Masto, Hon. Catherine, Subcommittee Ranking Member and a
U.S. Senator from Nevada....................................... 53
WITNESSES
Burman, Hon. Brenda, Commissioner, Bureau of Reclamation, U.S.
Department of the Interior..................................... 54
Buschatzke, Thomas, Director, Arizona Department of Water
Resources...................................................... 68
Entsminger, John J., General Manager, Southern Nevada Water
Authority, and Governor's Representative, State of Nevada...... 77
Tyrrell, Patrick, Wyoming State Engineer......................... 93
ALPHABETICAL LISTING AND APPENDIX MATERIAL SUBMITTED
American Rivers, et al.:
Letter for the Record dated 3/14/2019........................ 3
Statement for the Record dated 3/25/2019..................... 4
Arboleda, Hon. Alexandra M.:
Statement for the Record..................................... 118
Arizona Chamber of Commerce and Industry, et al.:
Letter for the Record........................................ 9
Arizona Farm Bureau:
Statement for the Record..................................... 14
Association of California Water Agencies:
Letter for the Record........................................ 15
Aurora (Colorado) Water Department:
Letter for the Record........................................ 120
Burman, Hon. Brenda:
Opening Statement............................................ 54
Map of Colorado River System................................. 56
Chart titled ``Lake Powell and Lake Mead Combined Storage''.. 58,
106
Chart with Photos of ``Lake Mead near Hoover Dam in 2000''
and ``Lake Mead near Hoover Dam in 2016''.................. 59
Written Testimony............................................ 61
Responses to Questions for the Record........................ 117
Buschatzke, Thomas:
Opening Statement............................................ 68
Written Testimony............................................ 70
Business for Water Stewardship:
Letter for the Record........................................ 16
California Natural Resources Agency:
Letter for the Record........................................ 18
Central Arizona Water Conservation District:
Statement for the Record..................................... 20
Coachella Valley Water District:
Letter for the Record........................................ 23
Colorado River Indian Tribes:
Statement for the Record..................................... 25
Cortez Masto, Hon. Catherine:
Opening Statement............................................ 53
Entsminger, John J.:
Opening Statement............................................ 77
Written Testimony............................................ 79
Gallego, Hon. Kate:
Letter for the Record........................................ 27
Gila River Indian Community:
Letter for the Record........................................ 29
Imperial Irrigation District:
Letter for the Record........................................ 122
Lee, Hon. Mike:
Statement for the Record..................................... 135
McSally, Hon. Martha:
Opening Statement............................................ 1
(The) Metropolitan Water District of Southern California:
Letter for the Record........................................ 34
National Association of Water Companies:
Letter for the Record........................................ 136
National Water Resources Association:
Letter for the Record........................................ 36
Northern Colorado Water Conservancy District:
Letter for the Record........................................ 38
Salt River Project:
Letter for the Record........................................ 40
San Diego County (California) Water Authority:
Statement for the Record..................................... 41
Sinema, Hon. Kyrsten:
Statement for the Record..................................... 114
Torres Martinez Desert Cahuilla:
Statement for the Record..................................... 138
Tyrrell, Patrick:
Opening Statement............................................ 93
Written Testimony............................................ 95
Upper Colorado River Commission:
Letter for the Record........................................ 43
Western Area Power Administration:
Statement for the Record..................................... 142
(The) Western Coalition of Arid States:
Letter for the Record........................................ 45
Western States Water Council:
Letter for the Record........................................ 47
Western Urban Water Coalition:
Letter for the Record........................................ 49
THE COLORADO RIVER DROUGHT CONTINGENCY PLAN
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WEDNESDAY, MARCH 27, 2019
U.S. Senate,
Subcommittee on Water and Power,
Committee on Energy and Natural Resources,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:31 p.m. in
Room SD-366, Dirksen Senate Office Building, Hon. Martha
McSally, presiding.
OPENING STATEMENT OF HON. MARTHA MCSALLY,
U.S. SENATOR FROM ARIZONA
Senator McSally [presiding]. The hearing of the Senate
Committee on Energy and Natural Resources' Subcommittee on
Water and Power will come to order.
The purpose of today's hearing, which is our first hearing
together, is to discuss the Colorado River Drought Contingency
Plan, otherwise known as the DCP.
The Colorado River is a lifeblood of the Southwestern
United States. The 1,450-mile-long river provides drinking
water to 40 million Americans, irrigation for 5.5 million acres
of farmland and more than 4,000 megawatts of carbon-free
hydropower to communities across the West.
The DCP represents a landmark grassroots collaboration that
will allow the Basin states and tribes to prepare for a water
scarce future without the Federal Government imposing a one-
size-fits-all solution. This is a truly historic agreement
which everyone involved should celebrate.
I am especially proud of the work done in Arizona. It was
tough but through inclusive, good faith negotiations, cities,
farmers, tribes, conservation groups, everybody came together
and they found solutions to get it done.
I want to congratulate Governor Doug Ducey, the State
Legislature and all of the stakeholders. Tom, you guys did a
fantastic job. They are really too numerous to list on this
outstanding achievement that is going to improve Arizona's
water security for years to come.
Work on the DCP has been underway for nearly six years. It
has spanned the terms of 2 Presidents, 3 Interior Secretaries
and 13 Governors. The fact that this effort has seamlessly
transitioned between Republican and Democratic Administrations,
both here in DC and out in the states, speaks to the importance
and the broad support of these agreements. Now that the states
have completed their work, it is time for Congress to take it
across the finish line. I know many of us in the Basin have
been tracking this closely for the past several years and are
ready to take action.
I am happy to report that a bipartisan agreement on
legislation has been reached, and I plan with my wing woman
here----
[Laughter.]
----to be introducing this bill with my colleagues on the
Colorado River Basin very soon. And that is a hint, I mean very
soon, like as soon as possible. We want to drop this
legislation and get it across the finish line and signed into
law.
While the agreements themselves are complex and some are
attempting to complicate matters with unrelated issues, the
proposed legislation is actually simple, one of the shortest
pieces of legislation I think I have seen. It allows the DCP to
be signed by the Secretary and lets the states and Mexico get
to work saving water.
We must act quickly or we will see Lake Mead decline for
another year, even in the wet year that we have had.
With so much at stake it is not surprising the legislation
has broad support from water and power users, tribes and
conservation groups throughout the Basin.
And without objection, I would like to place the now 21
letters and statements of support for the DCP in the official
record--including letters from Mayor Gallego of Phoenix,
Arizona Farm Bureau, Central Arizona Project (CAP), Colorado
River Indian Tribes, Gila River Indian Community, Salt River
Project and 15 Arizona business groups.
[Letters of support for the Colorado River Drought
Contingency Plan follow:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator McSally. I hope we can stick together as a Basin to
get this legislation enacted very soon so water savings can be
locked in for 2020.
I understand there will be more work to be done after we
have authorized the DCP, but we can't let those next steps slow
down this critical legislation.
Today's hearing is the next step in this historic
agreement, and I look forward to hearing from our witnesses.
With that, I now turn to our Ranking Member, Senator Cortez
Masto.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you, Chairman McSally. It is a
pleasure to be here for our first Water and Power Subcommittee
hearing this Congress. And let me just say, I am looking
forward to working with you and thank you so much.
As we know, there are many water issues facing the western
states in the West, and it starts with us working together and
it is wonderful.
We are here today to discuss the Colorado River Drought
Contingency Plan. This is an important issue for both our
states. Collaborative, consensus-based efforts to find
solutions in difficult circumstances is what the Basin is all
about. I look forward to working with everyone to advance
legislation authorizing the plan's implementation.
I am especially pleased to have John Entsminger here from
the Southern Nevada Water Authority. John, it is great to see
you. He has been instrumental in finding a path forward for the
drought contingency plan, and he continues to work tirelessly
to secure a strong water future for Nevada and the West.
I also want to welcome Commissioner Burman. In the short
time that you have been there, it has been great to work with
you as well, as well as all the other witnesses here. Thank you
for all of your hard work. I look forward to the conversation
that we will have today.
The Colorado River Basin, as we all know, is critical to
the nation. The Basin supplies, as you have heard, water to
more than one in ten Americans and irrigates 5.5 million acres
of farmland. It supports 4,200 megawatts of hydropower and
provides habitat to a wide range of species. The Basin is also
home to over 22 federally-recognized tribes.
In particular, the Colorado River is the lifeline for
Southern Nevada. The Las Vegas valley draws 90 percent, 90
percent, of its water supply from the Colorado River by way of
Lake Mead, which has seen its surface drop by more than 130
feet over the past 16 years. The water from this river supports
Southern Nevada's 2 million residents and the 42 million annual
visitors who come to Las Vegas and the surrounding area to
partake in our world class entertainment and gaming industry,
as well as our increasingly popular outdoor recreation economy.
Needless to say, the conservation and preservation of this
water resource is crucial to the future of my home state.
For the last 18 years the Colorado River Basin has been in
prolonged drought. Last year the Bureau of Reclamation
estimated there was a 57 percent chance that Lake Mead would be
in shortage in 2020, the first declared shortage in the history
of the Colorado River Basin. While this water year is
promising, the risk of shortage in the Basin is always
imminent.
The seven Basin States have come together to find a path
forward in managing the river understanding the risks of
shortage in the Basin. The plans they have developed are the
result of years of good faith negotiation and partnership
beginning as far back as the Obama Administration continuing
through today. This is an agreement that considers all elements
within the watershed whether they be agricultural, tribes, the
environment or the 40 million people who call the Basin home.
It is often noted that water managers are in the business
of the future. The Drought Contingency Plan does simply that.
It looks forward and prepares for what might come.
I want to thank you, and I look forward to the testimony
today.
Senator McSally. Okay, thank you. I really appreciate it.
We are now going to turn to our witnesses. We really have a
great panel today, all of whom have put many, many, many long
hours into getting the DCP where it is today.
First, we have the Honorable Brenda Burman, the
Commissioner of the Bureau of Reclamation. Next, I am very
pleased to have Tom Buschatzke, the Director of Arizona
Department of Water Resources, who has been a leader in Arizona
water throughout this process. Thank you for all the work you
did to get this across the finish line. He was literally
twisting arms, can you see?
[Laughter.]
You should see the other guys.
[Laughter.]
After that we have John Entsminger, General Manager of
Southern Nevada Water Authority. And lastly, Pat Tyrrell,
Wyoming State Engineer who will represent the Upper Basin.
Thank you all for being here. I ask you please limit your
testimony to five minutes. Your full remarks will be submitted
for the record.
With that, the Subcommittee recognizes Commissioner Burman.
STATEMENT OF HON. BRENDA BURMAN, COMMISSIONER, BUREAU OF
RECLAMATION, U.S. DEPARTMENT OF THE INTERIOR
Ms. Burman. Good afternoon, Chair McSally, Ranking Member
Cortez Masto. I'm Brenda Burman, Commissioner of the Bureau of
Reclamation.
Thank you for the opportunity to testify today on the
efforts on the Colorado River Basin on Drought Contingency
Plans. We appreciate that the Subcommittee called this
oversight hearing as promptly as possible.
Just to paint the picture--as the handout you've been
provided shows, the Colorado River irrigates nearly 5.5 million
acres of farmland. It serves approximately 40 million people in
major metropolitan areas across nine states in the United
States and Mexico, including Denver, Salt Lake City, Las Vegas,
Phoenix, Tucson, Los Angeles, San Diego, Mexicali and Tijuana.
It is a most vital resource to the environment and the economy
of the southwest.
[The information referred to follows:]
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Ms. Burman. Understanding its importance, the Colorado
River Basin is in danger. We are currently experiencing its
worst drought in recorded history. The period from 2000 through
2018 is the driest 19-year period in over 100 years. And this
period represents one of the driest periods in the 1,200-year
paleo record.
These dry periods have caused the combined storage of Lake
Powell and Lake Mead to drop precipitously. The combined
storage in these two massive reservoirs stands at approximately
40 percent of capacity.
[The information referred to follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Conservation and storage programs developed in the last few
years have added approximately 25 feet in elevation to Lake
Mead, keeping us just out of shortage. But these conservation
efforts have helped the Lower Basin avoid shortage in the past
few years. These efforts will also be instrumental in helping
to avert a shortage condition through 2019.
While shortages are likely part of the Lower Basin's
future, none of the Lower Basin states, or Mexico for that
matter, can afford to allow a true crisis of water supply to
develop. Simply put, if Lake Mead were to decline to elevations
below 1,020 feet mean sea level, the remaining live storage
would be less than six million acre-feet. And to put that in
context, in a normal year Reclamation delivers nine million
acre-feet, and this would leave us without even a full year
supply. That is not a future we want this Basin to experience.
Reclamation data from January indicates the critical
elevations could be reached as early as 2021. The risk of our
primary reservoirs, Lake Powell and Lake Mead, reaching
critically low elevations has increased nearly fourfold over
the past decade and could continue to increase without action.
The seven Colorado River Basin States deserve great credit.
Over the past 25 years we've seen that by working together we
are able to accomplish far more than any one party, any one
state or even any one country could do on its own. Together the
Upper and Lower Basins, all seven states, are committed to
taking actions to reduce risk on the system and we applaud
their efforts and their successful negotiation of a set of
agreements that will reduce risk on the Colorado for all that
rely on the river.
Whether you rely on the Colorado River for your city's
water supply, irrigate with water from the Colorado, use
electricity generated by the Colorado or enjoy the natural
wonders of the Colorado River, everyone benefits when we work
together to protect this limited, declining and irreplaceable
resource.
Thank you again for calling this hearing. I look forward to
your questions and to the testimony of the Basin State leaders
that are here with us today.
[The prepared statement of Ms. Burman follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator McSally. Great. Thank you, Commissioner Burman.
Mr. Buschatzke.
STATEMENT OF THOMAS BUSCHATZKE, DIRECTOR, ARIZONA DEPARTMENT OF
WATER RESOURCES
Mr. Buschatzke. Good afternoon, Chairman McSally, Ranking
Member Cortez Masto and members of the Subcommittee. I am Tom
Buschatzke, the Director of the Arizona Department of Water
Resources.
Thank you for providing me an opportunity to present
testimony on behalf of the State of Arizona on the Lower Basin
Drought Contingency Plan, or the DCP. It is a plan negotiated
by representatives of the states of Arizona, California and
Nevada, water agencies within those states and the United
States Bureau of Reclamation to address the ongoing drought in
the Lower Colorado River Basin that began nearly two decades
ago and that has no end in sight.
DCP also has, also accounts for the drier future we all
expect will be the norm for the river in the coming decades.
The drought and that drier future could lead to Lake Mead
falling to critical elevations resulting in draconian
reductions in water deliveries throughout the Lower Basin. The
DCP is an urgent measure that could help avert such a crisis,
and the time to act is now.
The DCP and the drought contingency plan crafted by the
Upper Basin states are the latest examples of the states
working together with the Bureau of Reclamation to achieve
agreed-upon solutions to issues facing the states regarding the
Colorado River. The Republic of Mexico has also agreed to a
binational water scarcity plan for their Colorado River water
that provides additional benefit to the action of the seven
Basin States.
We have developed a sound plan for protecting the water
supply in both lakes in the face of historic drought
conditions, and we have done so in a manner that continues to
protect and respect the water rights of those that rely on the
Colorado River.
The DCP is innovative and strikes a careful balance between
flexibility and certainty that results in a more sustainable
Lake Mead. The DCP is an overlay to the existing operational
criteria set out in the 2007 interim guidelines that include
water shortages in the Lower Basin to protect critical Lake
Mead elevations. The DCP recognizes that the 2007 guidelines
are covered by existing environmental compliance under both
NEPA and the Endangered Species Act. The DCP was expressly
designed to fall within the parameters of that existing
environmental compliance. The DCP benefits accrue as a result
of less water being delivered from Lake Mead.
DCP will have consequences for water users in Arizona.
Nevertheless, stakeholders in Arizona, that include tribes,
cities, towns, counties, irrigation districts, agriculture,
NGOs and members of our legislature, came together to create an
Arizona implementation plan to engender support for the DCP.
Water users in Arizona, recognizing the urgent need to
address Colorado River issues, agreed to make sacrifices. Their
support enabled legislative action on January 31, 2019, with
nearly unanimous approval by the State Legislature, authorizing
me to sign the DCP documents and to bind the State of Arizona.
Governor Doug Ducey signed that legislation the same day and in
the same room that the landmark 1980 Groundwater Management Act
was actually signed, symbolizing the importance of the Drought
Contingency Plan to the State of Arizona.
It is important to understand that the Drought Contingency
Plan is an initiate of the seven Basin States. I recognize that
the participation of the Bureau of Reclamation over the last
four years was the key to the success of this endeavor, and I
thank them.
Over the last two decades innovative management on the
Colorado River has been dependent upon cooperation between the
states and upon partnerships with the Federal Government, even
as Presidential administrations have changed. The DCP continues
that paradigm.
In conclusion, I urge the adoption of the bipartisan,
federal legislation necessary to implement the Drought
Contingency Plans and I thank you for the opportunity to
testify, and I'm happy to answer questions.
[The prepared statement of Mr. Buschatzke follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator McSally. Thank you, Mr. Buschatzke.
Mr. Entsminger,
STATEMENT OF JOHN J. ENTSMINGER, GENERAL MANAGER, SOUTHERN
NEVADA WATER AUTHORITY, AND GOVERNOR'S REPRESENTATIVE, STATE OF
NEVADA
Mr. Entsminger. Chairwoman McSally, Ranking Member Cortez
Masto, my name is John Entsminger and I'm the General Manager
of the Southern Nevada Water Authority and Governor Sisolak's
representative for the State of Nevada.
Thank you for the opportunity to testify today on the
Colorado River Drought Contingency Plans, also known as the
DCP.
Rather than summarizing my written statement submitted for
the record, I'm going to depart from my prepared remarks and
address two issues raised by the Imperial Irrigation District
(IID) that may be on your minds. One, that IID was cut out of
the DCP, and two, that less agricultural runoff will reach the
Salton Sea as a result of DCP.
IID was not in any way cut out of the DCP. From very early
on in the process that has now spanned a period of
approximately six years, IID principals, lawyers, staff and
sometimes directors, actively engaged in the development of the
DCPs. While IID professed support of the DCP throughout the
process, IID's board never acted on or even put on an agenda
the interstate agreements and operational rules that comprise
the DCP. Rather, on December 10th, 2018, IID approved certain
agreements internal to California's DCP obligations but only on
the condition that, among others, ``That the State of
California and the United States have irrevocably committed to
provide sufficient funding for the full completion of the ten-
year Salton Sea Management Program at a one-to-one federal
state funding commitment.'' Because IID unilaterally demanded
condition precedent, an earmark amounting to approximately $400
million in federal and state funds has not yet been met, IID
has taken no action on the interstate DCP package before you
and thus prevented its own participation.
While each of the parties of the DCP would have preferred
that IID participate from the outset as a signatory, the
parties have built an onramp for IID to participate fully in
the event its position changes. Until it does so, however,
IID's exclusion is self-imposed.
The DCP will not result in less water reaching the Salton
Sea and consequently, the assertion that the DCP will
exacerbate the very real public health concerns affecting the
Sea and its surrounding communities, is erroneous. IID, having
removed itself from the plan by conditioning its participation
on a requirement that has failed, will not be required to make
contributions to Lake Mead under the DCP. Accordingly, the DCP
package forwarded to Congress by the seven Basin States will
neither impact the amount of water reaching the Sea nor the
Sea's environment. Furthermore, if at any time IID elects to
participate based upon previously approved interstate
agreements, IID's 250,000-acre-foot contribution will be
comprised of water already conserved in Lake Mead or with the
Metropolitan Water District. Accordingly, the real connection
between DCP and the Salton Sea exists only in IID's demand for
money.
Nevada has responded to the drought with an aggressive
conservation campaign, large-scale infrastructure improvements
and contributions to Basin-wide initiatives designed to help
mitigate the impacts of drought. We have invested more than
$250 million in conservation programs that have reduced our
consumptive use of Colorado River water by 26 percent during
the same time period our population increased by 43 percent. We
have spent nearly $1.5 billion on new facilities designed to
protect our communities' access to our Colorado River supplies
without any funding from the Federal Government. With a paltry
1.8 percent allocation of the river's flow, Nevada can't solve
the problems facing an overallocated and drought-stricken
Colorado River alone.
Fortunately, we're not alone. We have worked with our
partners along the river to construct new facilities and
implement new agreements and regional conservation programs to
bolster Lake Mead water levels. Collectively our actions have
conserved enough water to increase Lake Mead levels by 30 feet,
effectively delaying the onset of shortages in the Lower Basin.
The seven states have chosen to take the actions that
comprise DCP voluntarily because not one of us can bear the
burden alone. It is our responsibility to nurture this river
that sustains our communities. The future of the American
southwest is dependent upon it.
Thank you very much, and I will look forward to answering
any questions.
[The prepared statement of Mr. Entsminger follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator McSally. Thank you.
Mr. Tyrrell.
STATEMENT OF PATRICK TYRRELL,
WYOMING STATE ENGINEER
Mr. Tyrrell. Thank you, Chairman McSally, Ranking Member
Cortez Masto and members of the Subcommittee. My name is Pat
Tyrrell. I am the Wyoming State Engineer and the Wyoming
Governor's representative to the Colorado River.
I wish to express Wyoming's and the Upper Basin's support
for the DCPs you've heard about, developed in a consensus
manner by seven Basin States over roughly the last six years.
The Colorado River Basin has been experiencing severe
drought since 2000, longer and more severe than was considered
during the development of the 2007 interim guidelines. We now
know that those operating rules cannot sufficiently address one
of the worst drought cycles ever seen.
The seven Colorado River Basin States, working with the
Department of Interior, have carefully developed a plan which
is a complex compromise that helps protect critical reservoir
elevations in both Lakes Powell and Lake Mead, thereby
benefiting the entire river Basin.
Implementation cannot begin until the agreements have been
executed by all parties which is predicated upon securing
legislative authorization.
The DCPs will provide an opportunity, a bridge, for the
Basin States, Federal Government and other key stakeholders to
collaborate on a longer-term set of sustainable solutions for
managing the river until 2026 when the '07 guidelines are
renegotiated. The DCPs are the only plans that will reduce the
probability that both reservoirs will decline to critically low
elevations which could occur as early as 2021.
We see two ways to respond to the severe drought in the
short-term. One is to watch it happen and risk lateral
secretarial action in the Lower Basin and dispassionate
mandatory regulation of uses in the Upper Basin. The other way
is to authorize the DCPs which expand concepts outlined in the
2007 interim guidelines, lay lighter upon our water users and
are a product of collaboration and consensus. In either case,
if drought continues, some water uses will be reduced.
As a water manager, I'm compelled to offer my water users
the second alternative, a drought plan developed with water
users and contractors and which avoids heavy government
intervention and mandatory curtailment is what DCP represents.
The Upper Basin cannot fail to satisfy the 1922 compacts,
75 million acre-feet and ten years' obligation at Lee Ferry
below Lake Powell. Additionally, we have never had to implement
the difficult curtailment provisions of the 1948 Upper Colorado
River Basin Compact in the face of a looming violation. But we
know it will be difficult. The risk of under- or over-
regulating is significant.
The Upper Basin DCP helps sustain critical elevations at
Lake Powell in compliance with the '22 Compact while avoiding
or reducing mandatory curtailment of Upper Basin water uses.
The first tool in the Upper Basin plan is the Drought
Response Operations Agreement which establishes a process where
we can move water already stored in Lake Powell to protect
critical elevations, to Lake Powell, excuse me. If it reaches
those critical elevations the hydraulic ability to release
water is jeopardized. If we cannot get water past that dam, we
violate the compact.
Additionally, if that power pool elevation is breached, we
lose the ability to generate hydropower and funding for
operations, critical environmental programs related to
endangered fish and salinity and power resources for customers
and the grid are risked.
Even without the agreement the Bureau will seek to move
uncommitted storage from its upstream initial unit reservoirs
to prevent that from happening. If drought operations are ever
needed, the agreement provides a process of outreach to our
stakeholders to influence how that movement of water will occur
and requires its subsequent recovery of water levels in those
reservoirs. We have committed that those activities will occur
under existing NEPA analysis, records of decisions and other
authorities already in place.
Our second tool is a demand management storage agreement.
Demand management cannot generate, we've learned, enough water
in one year to mitigate a compact curtailment event if one is
required.
So the storage space authorized through the agreement is
critical to its success. If the Upper Division States conclude
after study that a demand management program is feasible, and
we can incentivize the program to ensure participation, the
temporary voluntary reduction of existing consumptive use in
the Basin would provide water to be released when needed to
help assure compliance with the '22 Compact.
The Colorado River Basin needs the DCPs implemented now.
Madam Chairman, I see I am out of time. And if you like, I
will stop right there. I missed a little bit, but I'll quit
right there.
Senator McSally. Sorry, if you want to just summarize and
wrap up, I will give you a few more seconds.
Mr. Tyrrell. Thank you.
The Colorado River Basin needs the DCPs implemented now.
The plans were developed through years of collaboration,
compromise and consensus and function within the rigorous
environmental analysis review and permitting processes that
have already been completed. The plans require the passage of
federal legislation to become effective. We request your
support in adopting that legislation as soon as possible.
Thank you.
[The prepared statement of Mr. Tyrrell follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Senator McSally. Great. Thank you, Mr. Tyrrell.
We will now move to questions from the Subcommittee, and I
will kick that off.
Mr. Buschatzke, again, thank you for your leadership and
all the hard work for the many stakeholders, some of which are
represented here today, also in the audience. Both the
interstate and Arizona-specific agreements are quite complex
and require Arizona to conserve water in Lake Mead earlier than
would otherwise be required.
Can you explain in a bit more detail how this agreement
helps protect Arizona from more severe impacts down the road
and the importance of Arizona savings for the Colorado River
system as a whole?
Mr. Buschatzke. Chairman McSally, so there's multiple ways
that Arizona is protected with the DCPs in place.
So first, the DCP in the Lower Basin has a backstopping
trigger provision in which, if we see a projection from the
Bureau of Reclamation two years ahead of time that the lake is
going below 1,030 in elevation, then the states have agreed to
take additional collective actions to protect the lake from
going below 1,020. This is the first time that the states have
agreed to such a specific trigger to protect a specific
elevation in Lake Mead. That will avoid the draconian,
potential draconian reductions that might fall into the Lower
Basin on Arizona.
And again, the other big benefit in how Arizona is
protected is that California, Nevada and Mexico are going to
share in the risks and share in the benefits of the river and
for, again, the first time we have a serious agreement in which
collective, collaborative actions will be taken regardless of
how the priority system works in the Lower Basin.
Senator McSally. Great. Thank you.
Can you also share what are the next steps in Arizona for
the implementation of the plan?
Mr. Buschatzke. So again, Chair McSally, we have about 15
intra-Arizona agreements that are put in place to, kind of,
share the pain among the water users, move water from higher
priority to lower priority users, to help offset those negative
impacts of DCP on those users.
We also have money available to do some compensation for
those who are also reduced from the incremental impacts of DCP
as compared to the 2007 guidelines.
And maybe more importantly, we have an opportunity in 2019
to start conserving additional water in Lake Mead.
The Gila River Indian Community, one of the several tribes
who has come to the table with us to collaboratively work with
us within our state, has offered to put water up in Lake Mead
this year and to keep that water in Lake Mead as Intentionally
Created Surplus through the end of the 2026 dependency of the
DCP. So we can get a head start on protecting Lake Mead through
that process. So we will be moving forward to complete the rest
of the agreements and with the implementation of DCP to help
facilitate with the Gila River Indian Community that
Intentionally Created Surplus.
And I do want to mention that within the State of Arizona
the DCP allows for an increase of storage in Lake Mead for
Intentionally Created Surplus, doubling our total accumulation
capacity.
We have chosen, through our collaborative process, to set
up a paradigm inside our state where tribal entities and non-
tribal entities will split that capacity 50/50. That is a very
big milestone within our state to allow greater participation
by tribal entities.
So there are many benefits and many protections that come
out of the Drought Contingency Plan for Arizona.
Senator McSally. Great. Thank you.
One issue that has come up through the discussion on our
legislative language in the last few days is one of legal
certainty. It makes sense. And again, in Arizona, major
investments are needed to implement these agreements for
everyone, including tribes, to begin banking water in Lake
Mead. But there need to be assurances that they are not going
to be stranded there.
So, Commissioner Burman, can you start? Can each of you
touch on legal risk factors and how important it is in a
successful implementation of these agreements?
Ms. Burman. So, the Drought Contingency Plans have been
developed to be implemented immediately. And to do that it's to
provide certainty that there will be incentives, that we will
buy down the risk so that there are incentives to put
conservation of water behind Lake Mead.
I think the states will be prepared to talk about the
actual effects for them at home about having more certainty.
But from the federal perspective, we have worked with the
states to know we have a plan that works, to know that this is
a seven-year emergency plan to address critical risk on the
system. And to do that, to invest in the system, we believe
that the parties need certainty.
Senator McSally. Great. Thank you.
I am out of time. I will get to the rest of you on my
second round.
I want to hand it over to Senator Cortez Masto.
Senator Cortez Masto. Thank you, and thank you all again.
First of all, let me just say and commend you for all of
the good work on the collaboration that you have done. And I
agree, this is monumental and it is legislation that we need to
move and we need to move it quickly.
Mr. Entsminger, let me ask you this. Is Southern Nevada
prepared to deal with the additional reductions that are
required under the DCP?
Mr. Entsminger. Thank you for the question, Senator.
Yes, we are prepared. Right now, under the 2007 guidelines
Nevada would face a maximum reduction of 20,000 acre-feet. Our
maximum contribution under the DCP is an additional 10,000
acre-feet, so that would take us up to 10 percent of our total
allocation that we would be leaving in Lake Mead at lower
elevations to help protect the reservoir.
However, as you're aware, we are very close to completing
that $1.5 billion in new infrastructure that will allow us to
pull water from Lake Mead even if the reservoir elevation was
to get to dead pool.
We have reduced our overall use by about a third since 2002
through our conservation measures, and we currently have eight
years of our total demands in banked reserve. So we're in a
very strong position, not only to help the rest of the river
but to protect ourselves as well.
Senator Cortez Masto. Can you address why it is important
to implement the DCP as soon as possible?
Mr. Entsminger. I think that's a great question because
we've already finished negotiating Minute 323 which is an
addendum to the 1944 treaty between the United States and
Mexico. And pursuant to Minute 323, if we get this done about
by the end of April, that will kick in the water scarcity plan
and we'll have the country of Mexico leaving water in Lake Mead
during the next water year.
It will also, if we finalize this before the August 24-
month study, Nevada and Arizona will be adding water into the
Lake next year, and it also removes some disincentives.
Right now under current law, people are incentivized
actually to move water out of the reservoir right as we're on
the brink of a shortage. And by tweaking, you know, the way
we're allowed to deliver water we will actually now be
incentivizing those people to leave the water in the lake.
So, if you add all that up, you know, you're in the range
of five to six feet of elevation in Lake Mead by acting
immediately rather than waiting into next year.
Senator Cortez Masto. And can you address, what is the
worst-case scenario if the DCP is not implemented?
Mr. Entsminger. Well certainly if you look at the Bureau's
modeling when they start looking at individual traces where
you're stacking a 2002, 2012, 2013 in a row, without the DCP in
place by 2026 during the operation of DCP you could have a
situation where Lake Mead does get to dead pool. And again,
that's the elevation at which the Bureau of Reclamation cannot
release water downstream to California, Arizona and the country
of Mexico.
Senator Cortez Masto. Thank you.
Commissioner Burman, I know you have been, and we have had
these conversations, you also have been supportive of coming to
an agreement and moving forward with this, with the DCP. Are
there any concerns that you have right now with the plan that
has been presented before Congress?
Ms. Burman. As I said in my testimony, I commend the states
for pulling together and bringing two drought contingency plans
that will address the risk on the system.
In the last ten years we've seen the risk of reaching
critical low elevations in Lake Mead and Lake Powell increase
fourfold. What this plan does is it's a seven-year--I call it
an insurance plan. It is buying down the risk on the system. It
is putting measures in place that are going to keep Lake Mead
and Lake Powell at above critical elevations if at all
possible.
So, I say this plan has been put together over many years.
To bring seven states together is no easy feat. It shows the
history of collaboration on the Colorado River. And so, we look
forward to working with the states to implement it.
Senator Cortez Masto. Thank you.
Can you also, I have just a little bit of time left, but do
you mind addressing what steps you have taken or plan to take
to increase resilience in the Basin and ensure that communities
and states have the resources they need to plan for a drier and
more drought prone future?
Ms. Burman. So, I would say it's an all-of-the-above
approach.
The Drought Contingency Plans which are in front of us
today, I think John Entsminger said it well, ``Right now, we
have disincentives on the river system.''
If you are holding water in Lake Mead and you believe we
will have a shortage, you want to take that water out because
you won't have access to that water. The Drought Contingency
Plans create new incentives. They create new incentives to
conserve water in the system and new incentives to move water
in the system. And that allows parties to know they have that
certainty, to know they can save more water.
In the Upper Basin it gives the certainty to know that
Reclamation will be working with the states to protect power
pool in Lake Powell, and that's what they've identified as a
necessary action. So, working with the states, we've heard them
about what they need in order to make this work and that's what
we've been trying to do.
Senator Cortez Masto. And thank you.
I know the drought is really our norm, correct? It is not
something that is unique. It's norm and that's why this is so
important as we work together.
Ms. Burman. After 19 years you start to think that's
something----
Senator Cortez Masto. Sure is. Thank you.
I notice my time is up. Thank you.
Senator McSally. Senator Gardner.
Senator Gardner. Thank you, Madam Chair, and thank you to
all of you for being here. I know this has been a lot of hard
work. Blood, sweat and tears have gone into this effort. So
thank you very much for coming together today for your time and
testimony.
If you look at the map the Commissioner shows, there is
Yuma, Arizona, down here at one end and I live in Yuma,
Colorado, that is almost at the very opposite end diagonally
across at the end of the South Platte River, adjacent areas
that receive Colorado River water.
Now we are not on the South Platte but this is an
incredibly important issue for those of us out in the Plains of
Colorado, those of us in Western Colorado and throughout the
Upper Basin, Colorado and the Lower Basin. Colorado has the
unique distinction of being a state where all water flows out
and no water flows in. So thank you for this timely meeting.
Mr. Entsminger, I appreciate the testimony and history that
you provided. It is important for those of us who are not
steeped in the history of Colorado River history to understand
what we are talking about in the Drought Contingency Plan and
what it means. We have negotiated apportionments of the
Colorado River over the wettest periods in our history.
That is what your testimony talks about, the allocation of
the river, 16.5 million acre-feet. Recent flows show 14.8
million acre-feet averages. Building in this structural deficit
of at least 1.7 million acre-feet that is causing more water to
flow out of the system, the storage system, than is coming in.
And that is before we even start talking about the impact that
drought has on the system.
This drought that started, as Senator Cortez Masto was
talking about, all of you have talked about in the early 2000s
caused us to come together resulting in the 2007 Interim
Guidelines that you talked about, a tool that helped us
navigate the shortage declaration. But that and other efforts
of conservation have not sufficiently mitigated the risk at
Lake Mead dropping below critical levels in the face of this
prolonged drought.
And so also here, here we are, talking about drought
contingency plans that will build upon those 2007 guidelines.
And while Colorado has received more snow, I was listening to
the radio the other day, we were at 80 percent drought. We have
had amazing snow. We are at 50 percent drought, and we still
have portions of the state that are in extreme drought
conditions even with the blessings of the water that we have
received this year.
Commissioner Burman, as you are well aware, in the West
when you touch water, you touch everything. How important is it
that we come together on this program for the Colorado River
system to keep it stable, to prevent a crisis for 40 million
people who depend on it?
Ms. Burman. I've seen some reports out there that say it's
a wet year, do we really need to do this? And we didn't get
into this drought in one year, and we're not going to get out
of this drought in one year.
I attached a map on page 2 of your handout.
[The information referred to follows:]
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Ms. Burman. And this is the combined storage of Lake Powell
and Lake Mead. And if you can see there's a red arrow to point
it out.
When we started this drought, we were almost full. Lake
Powell and Lake Mead were almost full, and we had four years of
bad hydrology. So that's just 48 months and we lost half of the
system. Half of our storage across the entire Basin.
And since then, through partnerships, through
incentivizing, more conservation, we've been able to keep
ourselves out of shortage, but just barely. But if we were to
experience 2003-2004 again, we would be in a very devastating
place. So the risk on the system is too great not to act.
Senator Gardner. It is. Thank you.
Mr. Tyrrell, in your testimony you talked about the
implications for the Upper Basin states if the various drought
contingency plans are not executed. First and foremost is
compact compliance with the Lower Basin. Can you explain why
that compact compliance is critically important?
Mr. Tyrrell. Thank you.
Chairman McSally, Senator Gardner, yes. Compact compliance
is what keeps us from being curtailed. We know that under the
'22 Compact there's a non-depletion requirement at Lee Ferry.
And if we endanger or jeopardize that number, the Upper Basin
states must curtail their use. In other words, we actually need
to curtail ahead of time so that that number is not met. If we
look like we're going to fall below 7.5 per year or 75 in ten,
we must curtail in advance. That is the risk to the Upper
Basin.
We do not want to have a compact compliance violation
staring us in the face. The advantage of our demand management
and drought operations agreements is that they can blunt that
from happening whether we move water down from the upper
initial units or whether we can intentionally conserve water,
store it and release it.
Senator Gardner. May I jump in here, real quick? I am
running out of time.
I know Colorado, in Colorado, one of the big hurdles our
water users had to clear was the creation of a downstream water
bank, so to speak, where we would be able to store conserved
water. There were concerns that the creation of this storage
capacity would make a demand management program almost a
certainty.
It is my understanding that the creation of the storage
account does not automatically create a demand management
program. Is that correct?
Mr. Tyrrell. Yes, sir. That is correct.
Senator Gardner. And could you quickly walk through some of
the issues that would have to be considered prior to the
creation of any Upper Basin demand management program?
Mr. Tyrrell. Chairman McSally, Senator Gardner, first of
all we need the authorization for storage, to store the water.
Once we get that, the program itself is going to go back to our
stakeholders. We've got to deal with issues on how that water
is conserved. How do we quantify it? How do we shepherd it? And
then we have to get verification that what we say we conserved,
we actually have stored, ultimately in Lake Powell.
A lot of that work needs to be done, a lot of science on
the movement of that water. We've learned something in the
system conservation program we've had running for four years,
but we need to learn more.
Senator Gardner. Well, thank you.
These are states where history is written in water. So this
is incredibly important.
Thank you.
Senator McSally. Thanks, Senator Gardner.
Senator Barrasso.
Senator Barrasso. Thank you very much, Madam Chairman.
Before I begin the questions, I would like to really
recognize my friend, Pat Tyrrell, for your incredible service
to Wyoming. You are a native of Cheyenne, Wyoming. For the past
18 years you have served as Wyoming State Engineer. You are an
expert when it comes to western water and the law of the river.
Wyoming sits at the headwaters of the Colorado River so when
snowmelt flows into the Green River and travels south, you know
exactly what is going on. So from irrigation, ranching, power
production, recreation, the water is center to the way of life
in Southwest Wyoming and you have been there.
You know, in facing nearly two decades of drought, new
management practices are needed to sustain these uses for
future generations, so I am just so glad that you are here
today to share your insights.
That is why we have the Drought Contingency Plan before us.
It provides the flexibility while preserving longstanding water
rights. It is the product of years of negotiation. I know you
have been there.
Years of science. Years of compromise. You understand the
importance of strong coordination and consensus among state,
local and federal parties because you have had that leadership
role when I was in the State Senate and now the time I'm in the
U.S. Senate, pretty much a direct overlap of our time together.
So we are so pleased to have you with us here today to
testify on behalf of the water users in Wyoming and in the
Upper Basin. I know many people in the room know Pat, have
worked with him over the decades, have come to respect his
knowledge of the subject matter.
But you are testifying in the House tomorrow. I talked to
Liz Cheney about that today. She said you are going to be in
the House tomorrow, that this was, kind of, the warm-up act
today.
[Laughter.]
And then on Friday you are going to be retiring from your
job but hold the title of Wyoming's longest serving State
Engineer.
So I know you are going to continue on in a number of
committees, continue to play an active role. I just want to
specifically recognize you for the great work you have done for
Wyoming, for water users throughout the West. And I just think
I speak for many here in this room to just say, thank you for
your service.
Mr. Tyrrell. Thank you.
Senator Barrasso. In the few seconds I have remaining----
[Laughter.]
You know, Pat, you mentioned in your testimony that you
believe that the Drought Contingency Plan is going to serve to
protect Wyoming water users from the risk of mandatory
curtailment. Can you provide some details around that statement
and maybe describe why Wyoming's water users should support the
effort?
Mr. Tyrrell. Certainly, thank you, Chairman McSally and
Senator Barrasso.
The risk of curtailment brings with it economic issues
associated with people who can't use water to grow crops or
from municipalities or industries in the Basin who might be
junior to the 1922 Compact. That curtailment is a dispassionate
mandatory turning off under our priority system of the uses of
water.
There are other risks as well. Among them are the funding
that comes from Lake Powell that goes toward salinity control,
and endangered fish recovery also allow Upper Basin states to
develop more of their unused apportionment. Those programs are
critical to our development. Losing them risks our water users.
Senator Barrasso. Any other risk would be avoided by
implementing this program?
Mr. Tyrrell. Senator Barrasso, one of the risks we've
always tried to avoid in this Basin, the reason we have seven
states here today, is the risk of interstate litigation. We
obviously want to avoid that because that's not a winning
situation for this group. So I would certainly offer that as
another risk avoidance.
Senator Barrasso. Okay.
And under the Upper Basin Drought Response Operations
Agreement, some water may be moved out of the CRSP Initial
Units, including Flaming Gorge and in order to support critical
levels in Lake Powell. You know, Flaming Gorge provides
significant recreation and economic benefits to Southwestern
Wyoming. So can you explain why this is necessary and what
plans are in place for Flaming Gorge or any of the initial
units to recover if they move more water to Lake Powell?
Mr. Tyrrell. Thank you for that question.
By the way, I retire Monday, and not Friday, unless I do
really poorly tomorrow.
[Laughter.]
Chairman McSally, Senator Barrasso, the Drought Response
Operations to which you refer--first understand that Lake
Powell is paramount in protecting that power pool and the
ability to get water out--keeps all the lights on, all those
programs running, protects the grid, et cetera. The Bureau will
move water down that is uncommitted from other reservoirs to
protect Lake Powell.
What our agreement gets us is a seat at the table to
influence how that occurs, involve our stakeholders, and it
does not, if we ever have to enter drought operations, which we
hope we don't, we hope it's a plan we create and never have to
use, then it is not complete until those reservoirs are
recovered. The states were successful in getting recovery into
that plan.
Senator Barrasso. So then, under the plan will Wyoming ever
be required to send more water to the Lower Basin than
currently required?
Mr. Tyrrell. No, Mr. Senator. All it does is allow us to
continue to comply with the '07 guidelines and the existing law
of the river makes them more sustainable.
Senator Barrasso. Well again, I just want to thank you for
the work you have done. I appreciate the good work you have
done for Wyoming, serving as our State Engineer. Thanks so very
much.
Thank you, Madam Chairman.
Senator McSally. Thank you, Senator Barrasso.
We will now go for a second round of questions.
Commissioner Burman, there are a number of federal and non-
federal investments included in the Arizona implementation plan
to mitigate for reduced water deliveries. This is especially
important for the Pinal County agricultural community, as you
know, so they have time to prepare for this new water regime.
Are you starting to look at potential funding sources to
implement this mitigation, and will you commit to working with
me on this as the DCP is implemented?
Ms. Burman. Senator, Madam Chair, we absolutely commit to
working with the Senate and with the state and with local
parties in moving forward to implement the DCP.
Senator McSally. Great.
Anything in particular you can give us insight on related
to the Pinal County question?
Ms. Burman. I would say that the first step the Federal
Government is looking at has been with the Gila River Indian
Community and accelerating some of our work with the Gila River
as far as firming commitments, providing ability to put water
in Lake Mead which helps protect Pinal County and others in
that area.
Senator McSally. Okay, great.
Also, you know, in addition to the critical water security
benefits of the DCP which have been talked about, protecting
hydropower generation is an important aspect of these
agreements. This has been touched on a little bit already.
But Commissioner Burman, can you discuss how the DCP
affects hydropower generation at Glen Canyon and Hoover Dams
and how Reclamation is working with hydropower stakeholders in
this process?
Ms. Burman. Absolutely.
We are completing analysis that will look at the full range
of effects to hydropower of the Drought Contingency Plans.
We're doing that with Western Area Power Authority and with
hydropower stakeholders.
But I can say, for example, that at full capacity Hoover
Dam's turbines are able to generate over 2,000 megawatts of
power. But currently, given all the lower elevations in Lake
Mead, they're only able to generate about 1,500 megawatts. So
that's a 25 percent reduction in the ability to generate power
at Hoover Dam. We lose about 5.7 megawatts of capacity for
every foot in Lake Mead that it drops. So I would say it's very
important for hydropower to shore up elevations in both Lake
Mead and Lake Powell. If we were to drop down past power pool,
there would be zero hydropower generated. And this plan is
designed to protect Lake Powell and Lake Mead and the
hydropower that they generate.
Senator McSally. Great. Thank you.
Mr. Buschatzke, the flow of water in the Arizona
Implementation Plan is very complex, as you know. Can you go
into a bit more detail about how offsets will be used to ensure
the water banked by CAP in Lake Mead for mitigation will not
further diminish reservoir levels?
Mr. Buschatzke. Chairman McSally, so in our Intra Arizona
Mitigation Plan probably about 400,000 acre-feet through
dependency of the plan 2026 stored as Intentionally Created
Surplus by Central Arizona Project to come out of the lake to
help mitigate impacts on agriculture, tribes and cities.
At the same time, we are facilitating the conservation of
at least 400,000 acre-feet to replace it so that we at least
have a net zero impact on the elevation of Lake Mead. That was
a critical component from the state's perspective, and that
perspective was also shared by many of the stakeholders in the
process. So that was a key to finding a path forward in the
State of Arizona Intra Arizona DCP plan.
Senator McSally. Great. Thank you.
I just want to wrap up. Senator Cortez Masto asked about
what is going to happen if we don't get this done in an urgent
manner, and I appreciate the answers because I think it is
really important for everybody up here to understand this.
I haven't been here very long, but I have been here long
enough to know that sometimes we need some urgency created for
people to move things in a timely manner and get them signed
into law. So what I heard from the testimony is at the end of
April there is a critical element there for if we get it all
done and signed into law by the end of April then there are
additional benefits. I mean, as soon as possible. This week we
should get it done.
But there are some immediate risks, if we don't get it done
by the end of April then we are going to have missed
opportunities, specifically related to Mexico. Is that what you
said, Mr. Entsminger?
Mr. Entsminger. That's correct, Madam Chair.
Senator McSally. Okay.
So to all of our colleagues who were here and those who
will need their support to move this to the Senate and the
House, this is just critically important to move forward for 40
million people and all that is involved.
You all did your hard work. It is now our time to do our
hard work, and so I will finish my questions and comments with
that sense of urgency for everybody. Let's please move this
legislation. It should be non-controversial and let's just get
it through both bodies and on the President's desk and signed
into law.
Senator Cortez Masto.
Senator Cortez Masto. Thank you.
I agree that this is an important agreement that has come
together, and everyone has worked so hard. It is time for us to
do our job and get it done, just for the reasons that we have
heard today.
Let me just make sure I can, and you touched on this a
little bit, Commissioner Burman. The DCP, when it comes to
hydropower, the DCP does mitigate potential impacts to
hydropower operations in the Basins, correct, so it protects?
Ms. Burman. Correct, along with all the resources of the
Colorado River.
Senator Cortez Masto. Okay, thank you. I just want to make
sure that is the case.
Is there anything else that we need to be aware of that we
have not talked about today that either we need to be aware of
or our colleagues, as we look to move this through Congress and
get this done for the reasons that we have talked about? And
let me just go down the panel here.
Commissioner, anything else that we need to be aware of?
Ms. Burman. I think, Ranking Member Cortez Masto, Chair
McSally, you've been working with your state entities for a
long time. So I think you recognize the risk.
I think those who do not represent the seven Colorado River
states, it's probably difficult to understand what a crisis we
could be facing here. I hope that 40 million people resonates
with people. I hope the fear of reaching dead pool resonates
with people. I hope an agreement with Mexico and seven states
where everyone is coming to the table to save more water
resonates with people.
And so, I would say, like how do we explain ourselves to
the rest of your colleagues?
Senator Cortez Masto. Thank you.
Mr. Buschatzke.
Mr. Buschatzke. So, Senator Cortez Masto, I would just add
that for Arizona the certainty that the DCP provides is a key
element. I've been involved in many agreements on water issues
and that's something we always look for.
I'll also say, referring to Pat Tyrrell's testimony, that
we do not want litigation. We want to continue to collaborate.
Senator Cortez Masto. Let me just say as the former
Attorney General of Nevada, we do not want litigation.
Mr. Buschatzke. Yes, that is the path forward,
collaboration, not litigation.
Senator Cortez Masto. Yes, I think that is the verse.
Mr. Buschatzke. And that is one of the prime things that,
hopefully, folks back here will understand as we've created
almost a unique, but not totally unique, situation on the
Colorado River where we've been able over the last 20 years to
find collaborative paths forward.
And if DCP starts to unravel people might go back to their
corners and we would lose a huge benefit that we've had over
the last couple of decades.
Senator Cortez Masto. Thank you.
Mr. Entsminger. I guess my addition would be, you know,
please help us to continue being successful. There was a point
in time when the Colorado River was referred to as the most
litigated river in the world. And thanks to a lot of my
colleagues that are here in the room with us today since the
mid-'90s, I think we have been a model for how you can come
together as a region, how not just Congress, but city councils
and county commissions and tribal councils can all approve the
same agreements and move forward. So I believe the Colorado
River is a model for how to manage water across state lines,
across international boundaries.
This is the first time in my career that we've had to come
to Congress to ask for your help, so please help us on our
journey.
Senator Cortez Masto. Thank you.
Mr. Tyrrell.
Mr. Tyrrell. Thank you.
Chairman McSally, Ranking Member Cortez Masto, I think for
the Upper Basin we have to remember that today is crucially
important. The legislation is critical to get this program
moving.
But we in the Upper Basin don't stop working then. All it
does for us is set up two processes for a demand management
storage program, demand management program and the drought
operations. Those procedures and those plans still need the
involvement of our local stakeholders, our irrigators, our
interest groups to develop.
While the program becomes implemented immediately in the
Lower Basin, we need to get to work so then when we can put
those two plans together, they are ready. We won't stop working
when this law passes, and I don't think anybody in the Lower
Basin will either.
Senator Cortez Masto. Thank you.
Thank you for being here today. Thank you for all of the
hard work; it is so appreciated. And good luck tomorrow in the
House.
Mr. Tyrrell. Thank you.
Senator McSally. Wonderful.
Before I close, I ask unanimous consent to place a
statement of my colleague from Arizona, Senator Sinema, into
the record.
[No response.]
Without objection, so ordered.
[Statement from Senator Sinema follows:]
[GRAPHIC] [TIFF OMITTED] T6260.088
Senator McSally. Mr. Buschatzke, I think we want to have a
hashtag trending today, hashtag collaboration, not litigation.
[Laughter.]
So everybody out there listening from all of our states,
start trending on Twitter. I think that is the theme of this
whole approach.
I would like to thank all of you for sharing your time and
expertise and all the hard work that went behind these historic
agreements.
For the information of the members, questions may be
submitted for the record before the close of business on
Thursday. The record will remain open for two weeks. We ask you
please respond as promptly as possible and your responses will
be made part of the record.
With the thanks of the Subcommittee, this first hearing of
the Water and Power Subcommittee is now adjourned.
[Whereupon, at 3:29 p.m. the hearing was adjourned.]
APPENDIX MATERIAL SUBMITTED
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