    [Senate Hearing 117-300]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 117-300

                              PENDING LEGISLATION

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

                                    HEARING

                                   BEFORE THE

                                SUBCOMMITTEE ON
                                WATER AND POWER

                                     OF THE

                                  COMMITTEE ON
                          ENERGY AND NATURAL RESOURCES
                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 SECOND SESSION

                                       ON

    			S. 737                S. 2693    S. 4176
    			S. 953                S. 3450    S. 4231
    			S. 1179               S. 3539    S. 4232
    			S. 1554               S. 3971    S. 4233
    			S. 2334               S. 4175    S. 4236
    			H.R. 5001/S. 3693

                                  __________

                                  MAY 25, 2022

                                   __________

    [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
    47-962                     WASHINGTON : 2024

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

                   COMMITTEE ON ENERGY AND NATURAL RESOURCES

                    JOE MANCHIN III, West Virginia, Chairman
    RON WYDEN, Oregon                    JOHN BARRASSO, Wyoming
    MARIA CANTWELL, Washington           JAMES E. RISCH, Idaho
    BERNARD SANDERS, Vermont             MIKE LEE, Utah
    MARTIN HEINRICH, New Mexico          STEVE DAINES, Montana
    MAZIE K. HIRONO, Hawaii              LISA MURKOWSKI, Alaska
    ANGUS S. KING, JR., Maine            JOHN HOEVEN, North Dakota
    CATHERINE CORTEZ MASTO, Nevada       JAMES LANKFORD, Oklahoma
    MARK KELLY, Arizona                  BILL CASSIDY, Louisiana
    JOHN W. HICKENLOOPER, Colorado       CINDY HYDE-SMITH, Mississippi
                                         ROGER MARSHALL, Kansas

                                     ------

                        Subcommittee on Water and Power

                              Ron Wyden, Chairman

    BERNARD SANDERS                      CINDY HYDE-SMITH
    CATHERINE CORTEZ MASTO               JAMES E. RISCH
    MARK KELLY                           MIKE LEE
    JOHN W. HICKENLOOPER                 JOHN HOEVEN
                                         ROGER MARSHALL

                          Renae Black, Staff Director
                          Sam E. Fowler, Chief Counsel
                  Melanie Thornton, Professional Staff Member
                 Richard M. Russell, Republican Staff Director
                  Matthew H. Leggett, Republican Chief Counsel
           Brian Clifford, Republican Principal Deputy Staff Director

                               C O N T E N T S

                                  ----------

                               OPENING STATEMENTS

                                                                       Page
    Wyden, Hon. Ron, Subcommittee Chairman and a U.S. Senator from
      Oregon.........................................................     1
    Barrasso, Hon. John, a U.S. Senator from Wyoming.................     2
    Hickenlooper, Hon. John W., a U.S. Senator from Colorado.........     3
    Heinrich, Hon. Martin, a U.S. Senator from New Mexico............     4
    Hyde-Smith, Hon. Cindy, Subcommittee Ranking Member and a U.S.
      Senator from Mississippi.......................................    72
    Risch, Hon. James E., a U.S. Senator from Idaho..................    73
    Daines, Hon. Steve, a U.S. Senator from Montana..................    73

                                   WITNESSES

    Tester, Hon. Jon, a U.S. Senator from Montana....................     5
    Feinstein, Hon. Dianne, a U.S. Senator from California...........     6
    Padilla, Hon. Alex, a U.S. Senator from California...............    71
    Touton, Hon. Camille C., Commissioner of Reclamation, Bureau of
      Reclamation, U.S. Department of the Interior...................    97

              ALPHABETICAL LISTING AND APPENDIX MATERIAL SUBMITTED

    Alta Irrigation District et al:
        Project Spotlight on the Upper Kings River Community Water
          and Climate Resiliency Program.............................    60
    Association of California Water Agencies:
        Letter for the Record........................................     8
    Aurora Water:
        Letter for the Record........................................   200
    Barrasso, Hon. John:
        Opening Statement............................................     2
    Central Utah Water Conservancy District:
        Letter for the Record........................................   197
    Chambers, Sean:
        Letter for the Record........................................   201
    Coachella Valley Water District:
        Letter for the Record........................................     9
    Colorado Department of Natural Resources:
        Statement for the Record.....................................   166
    Colorado River Energy Distributors Association:
        Statement for the Record.....................................   118
        Letter for the Record........................................   203
    Colorado River Energy Distributors Association et al.:
        Letter for the Record........................................   202
    Colorado Springs Utilities:
        Letter for the Record........................................   198
    Colorado Water Congress:
        Letter for the Record........................................   204
    Colorado Water Conservation Board et al.:
        Letter for the Record........................................   205
    Contra Costa Water District:
        Letter for the Record........................................    70
    Daines, Hon. Steve:
        Opening Statement............................................    73
        Map depicting drought intensity in Montana...................    75
    Denver Water:
        Letter for the Record........................................   207
    Dolores Water Conservancy District:
        Letter for the Record........................................   208
    Eastern Municipal Water District:
        Letter for the Record........................................    11
    Ecosystem Investment Partners:
        Letter for the Record........................................    13
    Family Farm Alliance:
        Letter for the Record re S. 4231.............................    14
        Statement for the Record.....................................   173
        Letter for the Record re S. 4236.............................   194
    Farm Bureau of San Diego County:
        Letter for the Record........................................    16
    Feinstein, Hon. Dianne:
        Opening Statement............................................     6
    Fitzgerald, Ross H.:
        Letter for the Record re S. 3450.............................    91
        Letter for the Record re H.R. 6369...........................    92
    Fitzpatrick, Steve:
        Letter for the Record........................................    77
    Fort Shaw Irrigation District Board of Commissioners:
        Resolution 2022-1............................................    78
    (The) Freshwater Trust:
        Letter for the Record re S. 4231.............................    56
        Statement for the Record re S. 3539..........................   136
    Friant Water Authority:
        Letter for the Record........................................    17
        Statement for the Record re S. 1179..........................   187
    Garrison Diversion Conservancy District:
        Letter for the Record........................................   222
    Gillespie. Bruce ``Butch'':
        Letter for the Record........................................    93
    Glenn-Colusa Irrigation District:
        Letter for the Record........................................    19
    Grand Canyon Trust:
        Letter for the Record........................................   210
    Grand Canyon Wildlands Council et al.:
        Letter for the Record........................................   123
    Grand Valley Water Users Association:
        Letter for the Record........................................   211
    Greenfields Irrigation District Board of Commissioners:
        Request To Amend Authorization for the Sun River Project,
          Central Montana............................................    80
        Resolution 2021-2............................................    85
    Heinrich, Hon. Martin:
        Opening Statement............................................     4
    Hickenlooper, Hon. John W.:
        Opening Statement............................................     3
    Hyde-Smith, Hon. Cindy:
        Opening Statement............................................    72
    Idaho Water Users Association:
        Letter for the Record re S. 4175.............................   232
        Letter for the Record re S. 4176.............................   236
    Interstate Council on Water Policy:
        Letter for the Record........................................   193
    Irvine Ranch Water District:
        Letter for the Record........................................    21
    Kings River Conservation District and Kings River Water
      Asoociation:
        Letter for the Record........................................    22
    Las Virgenes-Triunfo Joint Powers Authority:
        Letter for the Record........................................    23
    Lujan Grisham, Hon. Michelle, Governor of New Mexico:
        Letter for the Record........................................   215
    Metropolitan Water District of Southern California:
        Letter for the Record........................................    25
    Middle Rio Grande Conservancy District:
        Letter for the Record........................................   195
    Mission Resource Conservation District:
        Letter for the Record........................................    26
    Montana Electric Cooperatives' Association:
        Letter for the Record........................................    88
    Montana Water Resources Association:
        Letter for the Record re S. 3450.............................    87
        Letter for the Record re S. 737..............................   239
    Monterey One Water:
        Letter for the Record........................................    28
    Municipal Subdistrict, Northern Colorado Water Conservancy
      District:
        Letter for the Record........................................   213
    National Hydropower Association:
        Letter for the Record........................................    89
    National Water Resources Association:
        Letter for the Record........................................    29
    Navajo Transitional Energy Company:
        Letter for the Record........................................   212
    North Dakota Association of Rural Electric Cooperatives:
        Letter for the Record........................................   223
    North Dakota Department of Water Resources and North Dakota State
      Water Commission:
        Letter for the Record........................................   224
    North Dakota Ethanol Producers Association et al.:
        Letter for the Record........................................   225
    North Dakota Irrigation Association:
        Letter for the Record with attached Bureau of Reclamation
          feasibility finding on the Dakota Water Resources Act of
          2000.......................................................   226
    North Dakota Water Users Association:
        Letter for the Record........................................   231
    Northern California Water Association:
        Letter for the Record........................................    30
    Northern Colorado Water Conservancy District:
        Letter for the Record........................................   214
    Northwest Public Power Association:
        Letter for the Record........................................    90
    Orland Unit Water Users' Association:
        Letter for the Record........................................    31
    Padilla, Hon. Alex:
        Opening Statement............................................    71
    Placer County Water Agency:
        Letter for the Record........................................    32
    Polis, Hon. Jared, Governor of Colorado:
        Letter for the Record........................................   217
    Pueblo of Sandia:
        Letter for the Record dated April 28, 2022...................   190
        Letter for the Record dated April 29, 2022...................   191
    Reclamation District 108:
        Letter for the Record........................................    33
    Regional Water Authority:
        Letter for the Record........................................    34
    Risch Hon. James E.:
        Opening Statement............................................    73
    Roseville, CA (City of):
        Letter for the Record........................................    35
    Sacramento River Settlement Contractors:
        Letter for the Record........................................    36
    San Francisco Public Utilities Commission:
        Letter for the Record........................................    42
    San Joaquin River Water Authority:
        Statement for the Record dated March 17, 2022................    38
        Statement for the Record dated May 25, 2022..................   240
    San Juan Water Commission:
        Letter for the Record........................................   199
    San Luis & Delta-Mendota Water Authority:
        Letter for the Record........................................    40
    Santa Margarita Water District:
        Letter for the Record........................................    44
    Self-Help Enterprises:
        Letter for the Record........................................    46
    Sites Project Authority:
        Letter for the Record........................................    48
    South Columbia Basin Irrigation District:
        Letter for the Record........................................   192
    South Valley Water Association:
        Letter for the Record........................................    50
    Southwestern Water Conservation District:
        Letter for the Record........................................   218
    State Water Contractors:
        Letter for the Record........................................    52
    Sun River Electric Cooperative:
        Letter for the Record........................................    94
    Sutter Mutual Water Company:
        Letter for the Record........................................    54
    Sypher, David M.:
        Letter for the Record........................................   209
    Tehama-Colusa Canal Authority:
        Letter for the Record........................................    55
    Tester, Hon. Jon:
        Opening Statement............................................     5
    Teton County (MT) Board of Commissioners:
        Letter for the Record........................................    95
    Touton, Hon. Camille C.:
        Opening Statement............................................    97
        Written Testimony............................................   100
        Responses to Questions for the Record........................   160
    Tri-State Generation and Transmission Association:
        Letter for the Record........................................   219
    Upper Colorado River Commission:
        Statement for the Record.....................................   242
    Upper Kings River Irrigation Districts:
        Letter for the Record........................................    58
    Upper San Gabriel Valley Municipal Water District:
        Letter for the Record........................................    61
    Utah Water Users Association:
        Letter for the Record........................................   220
    Ute Mountain Ute Tribe:
        Letter for the Record........................................   221
    Valley Water:
        Letter for the Record........................................    63
    WateReuse:
        Letter for the Record........................................    67
    Water Infrastructure Network:
        Letter for the Record........................................    65
    Western States Water Council:
        Statement for the Record.....................................   243
    Westlands Water District:
        Letter for the Record........................................    68
    Wyden, Hon. Ron:
        Opening Statement............................................     1
    Yakima Basin Joint Board:
        Letter for the Record........................................   247
    Yuma County Agricultural Water Coalition:
        Statement for the Record.....................................   128

                                  ----------

    The text for each of the bills addressed in this hearing can be found
    on the Committee's website at: https://www.energy.senate.gov/hearings/
    2022/5/water-power-subcommittee-legislative-hearing

                              PENDING LEGISLATION

                                  ----------

                            WEDNESDAY, MAY 25, 2022

                                   U.S. Senate,
                       Subcommittee on Water and Power,
                     Committee on Energy and Natural Resources,
                                                        Washington, DC.
        The Subcommittee met, pursuant to notice, at 3:06 p.m. in
    Room SD-366, Dirksen Senate Office Building, Hon. Ron Wyden
    presiding.

                 OPENING STATEMENT OF HON. RON WYDEN,
                        U.S. SENATOR FROM OREGON

        Senator Wyden. The Subcommittee will come to order, and
    before we begin our discussion today, I just want to take a
    moment to say how horrifying the spectacle was yesterday, to
    lose more innocent children to a mass shooting. And there is no
    question in my mind that this carnage is only going to continue
    until members here in the United States Senate on both sides of
    the aisle can come together and actually get something done to
    provide a new measure of safety and reduce the risk of these
    horrors as we saw yesterday. There is just no substitute for
    doing the hard work to get 60 votes on common-sense gun
    legislation. I want to commend several of my colleagues, just
    in the last couple of hours, that have been in meetings--the
    Senator from New Mexico and the Senator from Montana, and I
    want to appreciate their comments because in virtually every
    other sentence they talk about trying to find common ground,
    and I know my colleague, the Senator from Nevada, and my
    colleagues from Colorado share that view.
        This afternoon, the Water and Power Subcommittee is going
    to look at western water legislation. I welcome the opportunity
    to hear testimony from the Bureau of Reclamation to discuss 16
    bills that make investments to address drought and protect our
    country's water supply. This is a pressing issue across the
    country, but particularly for us westerners that are up here on
    this panel. We know we are looking at yet another dry, hot
    summer in our part of the country. Today's hearing covers a
    variety of issues facing the Bureau of Reclamation. Some of the
    bills on today's agenda attempt to advance federal water policy
    and to promote climate resiliency through forward thinking and
    innovative policy solutions. The bills are an opportunity to
    build on the recently passed Bipartisan Infrastructure Law,
    which, in my view, made several historic investments at the
    Bureau of Rec. With the help of some senators on this
    Committee, Congress invested $8.3 billion in western water
    infrastructure and programs that address fish recovery, habitat
    restoration, and the environment.
        The bills on today's agenda also call for investment in
    more resilient and robust infrastructure and surface
    groundwater and natural storage on water recycling and reuse,
    efficiency, and conservation. These pieces of legislation
    highlight the need to invest and prioritize projects that
    provide watershed health, and they are grounded in science and
    data. Managing our water resources for the future means
    developing sustainable solutions that benefit both people and
    the environment.
        Just briefly, we have 16 bills on the agenda--a number that
    affect broader western water policy, and several that are more
    limited. We have nine bills on the agenda that address Bureau
    of Rec authorities, programs, and activities. I will start with
    two bills that Senator Merkley and I have joined on--the Water
    for Conservation and Farming Act and the Watershed Results Act.
    In Oregon, communities in the Klamath and Deschutes Basins are
    looking at yet another devastating drought year, the worst with
    the threats of wildfire and extreme heat. I met just yesterday
    with farmers from the Basin, and they made it clear, this is
    not an abstract issue. They are looking at devastating drought.
    As these pressures continue to mount, it is essential that we
    get a lot more high-impact water projects on the ground, and
    fast. That is what Senator Merkley and I are focused on with
    our Watershed Results Act. It would use the best available
    science and expertise to identify and implement the most cost-
    effective and high-impact restoration activities for
    watersheds.
        On the second bill that Senator Merkley and I joined
    together on, the Water for Conservation and Farming Act, we aim
    to help communities--gesundheit over there for Senator
    Heinrich. The Water for Conservation and Farming Act aims to
    help communities better plan and prepare for the increased
    demand for clean water by funding projects that improve dam
    safety, create more resilient watersheds, and benefit
    agricultural and urban water users. And I have been crossing
    the State of Oregon. I have five town hall meetings coming up
    over the next week or so, talking with farmers in rural
    communities about what resources they need to respond to these
    extreme weather events. And these two bills aim to tackle the
    drought concerns.
        My colleagues have a number of bills. I am going to allow
    time for them for make remarks on their important work, and at
    this point, let's go with Senator Barrasso.

               OPENING STATEMENT OF HON. JOHN BARRASSO,
                       U.S. SENATOR FROM WYOMING

        Senator Barrasso. Well, thanks so much, Mr. Chairman. And I
    want to thank Commissioner Touton for testifying today. Thank
    you very much for being here. Welcome.
        As you know, aging Bureau of Reclamation infrastructure is
    a major issue in western states, especially in Wyoming. We have
    discussed that in 2019, Irrigation Tunnel #2 on the Fort
    Laramie Canal collapsed, leaving more than 100,000 acres of
    cropland--not just in Wyoming, but a lot of area of Nebraska--
    without water, and this, of course, seriously impacted farmers
    and ranchers in both states. After the collapse, they inspected
    Tunnel #1, which is part of that same canal system and it also
    revealed major structural deficiencies. New tunnels through the
    existing infrastructure are necessary to reinstate full
    operation for the whole Goshen Irrigation District in Wyoming
    and the Gering-Fort Laramie Irrigation District in Nebraska--
    The two irrigation districts need funding for the construction
    of both tunnel replacements. According to Wyoming Governor Mark
    Gordon's office, the project would cost upwards of $60 million.
        The western water infrastructure title of the new
    Bipartisan Infrastructure bill does not cover this project.
    This is simply because it happened three years ago and the law
    is currently written to only cover projects over the past two
    years. It does not mean the needs are not there. This is an
    important example of why I believe the new infrastructure law
    is going to need to be improved. That is why I introduced S.
    4233, the Platte River Basin Critical Maintenance and Repair
    Act. Wyoming is facing serious aging water infrastructure
    needs, so I am happy that you are writing this down, but that
    is the kind of attention you pay to these things, and I am
    grateful. I have noticed it on our phone calls as well, so,
    thank you.
        It comes as no surprise that my legislation has the support
    of Wyoming's Governor. He had the following to say about this
    bill. He said, ``I can think of no wiser use of Infrastructure
    Investment and Jobs Act funds than to direct additional funding
    to the Bureau of Reclamation reserved or transferred works that
    have had a structural failure like the Goshen Irrigation
    District tunnel collapse that occurred in Wyoming.'' So,
    whether it is this Goshen Irrigation District tunnel, or
    replacement of dams that are really close to failure, like
    another one in Converse County, Wyoming--Wyoming has many
    important water infrastructure needs. Wyoming and other western
    states want to see improvements through the new infrastructure
    law. They are also eagerly awaiting implementation of its
    existing water infrastructure provisions.
        So, as you know, time is not on our side with regard to
    aging infrastructure. Another critical failure of an aging
    project could occur at any time. That is why we need to move
    legislation to improve the new Bipartisan Infrastructure Law to
    allow projects that suffered a recent critical failure to get
    access to this vital funding. We also need the Bureau of
    Reclamation to expeditiously implement western water
    infrastructure provisions of the new infrastructure law.
    Implementing these provisions will allow funding to be released
    for farming and ranching communities in the West that really
    need it.
        So, thank you, Mr. Chairman. Thank you, Commissioner.
        Senator Wyden. I thank my colleague.
        Next, we will go with Senator Hickenlooper and then Senator
    Heinrich and then our colleagues.

            OPENING STATEMENT OF HON. JOHN W. HICKENLOOPER,
                       U.S. SENATOR FROM COLORADO

        Senator Hickenlooper. Great. Thank you, Mr. Chair. And I am
    going to be very brief because I know that there is important
    testimony here to come.
        You know, in the West, our cities and our streams support
    an impressive wealth in wildlife, in outdoor rec, and help
    sustain entire ecosystems, but those ecosystems are under
    dramatic threat. Climate change has made the West hotter. A 20-
    year drought is the start of what could become long-term
    aridification, putting our rivers and the communities and
    ecosystems that rely on them under tremendous stress. The
    Endangered Species Act is our bedrock environmental law to
    protect fish, and they rely on our most iconic rivers. That
    does not imply that ESA is not a challenge to comply with
    sometimes. Yet, it is not the case with endangered fish in the
    Upper Colorado and San Juan Basins. Upper Colorado and San Juan
    River Basin endangered fish recovery programs have helped the
    water project developers comply with ESA with minimum
    regulatory burden. The program helps study, monitor, and stock
    endangered fish while managing habitat, river flows, and
    especially invasive species that in turn ensures compliance for
    water users. To date, compliance for 2,500 water projects in
    total, saving uncountable hours, dollars, and fish while
    prompting exactly zero litigation.
        Two of the four fish covered by the Endangered Species Act
    have been downlisted from endangered to threatened. That is why
    Senator Romney and I introduced our Upper Colorado and San Juan
    River Basins Recovery Act to ensure that the success of these
    programs carries on while stakeholders in the Upper Basin
    states collaborate on a longer-term path to negotiate with this
    continuing drought. Representative Neguse's bipartisan House
    companion bill has overwhelmingly passed the House. This bill
    is bipartisan, bicameral, and shows how states, tribes, federal
    entities, water users, and environmentalists can come together
    and work successfully toward a solution. I look forward to
    moving to final passage in the Senate and to the President's
    desk.
        Senator Wyden. Thank you. Well said.
        Senator Heinrich.

              OPENING STATEMENT OF HON. MARTIN HEINRICH,
                      U.S. SENATOR FROM NEW MEXICO

        Senator Heinrich. Chairman Wyden, I want to thank you for
    including a bill today that is incredibly important to
    preserving our water resources in New Mexico, and the West in
    general. The members of the New Mexico delegation introduced
    this legislation because the constant threat of a changing
    climate and the aridification, and I use that word
    aridification because drought says it is temporary. That is not
    what the data is telling us at this point. But the
    aridification of the Rio Grande Basin is resulting in a drier
    river year after year.
        In New Mexico, we know firsthand that water is life. We
    need to find innovative ways to meet new demands and conserve
    this precious resource using the most current science, data,
    and knowledge. This bill will address immediate and long-term
    water security needs of the Rio Grande through an integrated
    water resource management plan driven by a federal working
    group tasked with improving collaboration across the Basin. In
    addition, this bill would increase access to the best science,
    and the best data and management tools for water monitoring and
    conservation through a national water data framework. Lastly,
    this bill will provide a 10-year reauthorization to a critical
    program that invests in Pueblo irrigation infrastructure and
    repairs to canals along the Rio Grande, granting the program
    much more stability.
        The Rio Grande stretches over 1,900 miles from its
    headwaters in the Rocky Mountains to the Gulf of Mexico, and it
    is one of the West's most iconic rivers. This river provides
    water to millions of people, hundreds of thousands of acres of
    irrigated land, dozens of tribal nations, and countless
    ecosystems. We know that the West is facing the driest
    conditions in 1,200 years and the Rio Grande is projected to
    run dry across significant reaches this summer. It is vital
    that we use every resource and tool available to address water
    security and scarcity.
        Thank you again for holding this hearing today. I look
    forward to hearing from our witnesses.
        Senator Wyden. I thank my colleague.
        It is not an accident that we have seven westerners here
    today to discuss these issues. And it is because water
    questions in the West are not abstract. This is lifeline kind
    of business. So, I appreciate all my colleagues.
        Here is what we will do now. We are going to call an
    audible because we have all these votes coming up. We will have
    Senator Tester give his opening remarks, then we will have
    Senator Feinstein give her opening remarks, then we will have
    Senator Padilla give his opening remarks and then at that
    point, we will excuse our three colleagues and we will go to
    Ms. Camille Touton, the Commissioner of Reclamation. We will
    have her remarks. Then we will begin questions from the
    members.
        Senator Tester.

                 OPENING STATEMENT OF HON. JON TESTER,
                       U.S. SENATOR FROM MONTANA

        Senator Tester. Thank you very much. It is good to be here.
    I want to thank you and Ranking Member Hyde-Smith for having
    this hearing. I want to take a moment to introduce my St.
    Mary's Reinvestment Act before the Subcommittee today.
        The St. Mary's Diversion Dam is the critical juncture where
    water from the St. Mary's River is diverted into the Milk River
    Project. That project is a cornerstone of northern Montana's
    agricultural economy and a way of life. That project irrigates
    121,000 acres, provides water for four towns, and serves a
    critical role in tribal rights for two tribal communities. It
    provides irrigation water also to Canadian communities under
    the 1909 Boundary Waters Treaty and the 1921 order from the
    International Joint Commission. So without this project, every
    community along the Milk River is in deep trouble, as we found
    out in May 2020, when there was a drop structure failure. We
    were able to scramble and scrap some funds together and
    resources to make emergency repairs, but that was just a drop
    in the bucket as what is needed for this project.
        The St. Mary's storage unit was authorized over 110 years
    ago. Mr. Chairman, you may remember that, but the truth is, is
    that it was in bad shape when I was back in the state
    legislature, when I was advocating for more money to
    rehabilitate the project. It has gotten worse since then, with
    rough estimates to rehabilitate the whole system coming in well
    north of $200 million. This bill works to reverse that trend.
    It authorizes $52 million to rehabilitate the St. Mary's
    Diversion Dam and related infrastructure. It sets aside a local
    cost share for that funding based on a Bureau of Rec study.
    This builds upon $100 million that I was able to secure in the
    Bipartisan Infrastructure bill for rehabilitating the Milk
    River Project by providing targeted funding, specifically for
    St. Mary's Diversion Dam, one of the highest priority ports of
    this project. And with cost share requirements based on what
    water users can actually pay, water users can finally get the
    rehabilitation work that they have needed for decades without
    going broke.
        Reclamation is already working with water users on that
    study, and I have spoken to Reclamation about the need to get
    that out the door as soon as possible. In Montana, as Senator
    Heinrich said, we also know that water is life, and it is, and
    it is a testament to how universal that is when you see the
    entire Montana delegation united behind this bill. I would
    appreciate your guys' quick action on this bill.
        One final point--Senator Daines will be introducing the Sun
    River Hydropower Authorization Act. I am in full support of
    that too. I hope you can act quickly on that.
        Thank you, Mr. Chairman and Ranking Member Hyde-Smith.
        Senator Wyden. Thank you, Senator Tester, and I am trying
    to keep a straight face at your sense of humor. Thank you.
        Senator Feinstein.

              OPENING STATEMENT OF HON. DIANNE FEINSTEIN,
                      U.S. SENATOR FROM CALIFORNIA

        Senator Feinstein. Thanks very much, Mr. Chairman and
    Ranking Member Hyde-Smith, other Senators. I want to thank you
    for the opportunity to speak. I want to make one point here
    today. It is this: California, Arizona, and other western
    states cannot survive without improving our water
    infrastructure. I know that Senators Kelly and Sinema, my co-
    sponsors on the STREAM Act, will agree with me, and here is the
    reason for the challenge--science projects that with climate
    change the Colorado River will lose one-third of its flow on
    average within a generation. That is more than five million
    acre-feet, or enough water for 30 million people that would be
    gone. Much of the water already has vanished, with Lake Powell
    and Lake Mead today at 25 percent and 30 percent of capacity,
    respectively.
        So to avoid disaster, we need an all-of-the-above strategy,
    and that means funding water storage and conveyance where it is
    feasible, more drought-resilient sources of water supply, like
    recycling and desalination, and conservation and environmental
    restoration. In combination with the Bipartisan Infrastructure
    Law, the STREAM Act would help, providing more than a million
    additional acre-feet of water per year on an average. I believe
    that we have no choice. We need to make this investment. And
    so, I ask unanimous consent that the stack of letters
    supporting this bill be introduced into the record.
        Also, before you today--I did not give you a chance to
    respond.
        Senator Wyden. No, not at all, please proceed.
        [Letters of support for S. 4231 follow:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Feinstein. Also before us today is the Canal
    Conveyance Capacity Restoration Act. As the climate changes,
    California is projected to get a few intense rainstorms and
    long dry periods in between. We already saw that happen this
    winter with record rain storms and the fall followed by record
    drought. The Canal bill would allow California to capture water
    during these big rain storms and move it through restored
    canals to groundwater basins where it would be stored. Again,
    this is an investment that we absolutely must make, one way or
    another.
        So please help us, and thank you very much.
        Senator Wyden. Thank you, Senator Feinstein, and it is so
    good to have my friend, we work together often on these water
    and forestry issues, and we are always glad to have you.
        Senator Padilla, welcome. One hundred percent of California
    Senators here.
        Senator Padilla. It tells you how important this is.
        Senator Wyden. It does.

                OPENING STATEMENT OF HON. ALEX PADILLA,
                      U.S. SENATOR FROM CALIFORNIA

        Senator Padilla. Thank you, Chair Wyden and Ranking Member
    Hyde-Smith, for inviting me to testify today on the importance
    of the Salton Sea Projects Improvements Act, which is before
    this Committee. Now, this measure would enable the Bureau of
    Reclamation to better address the ongoing public health and
    environmental crisis at the Salton Sea. As many of you are
    familiar with, the Salton Sea is the largest inland body of
    water in California and has been maintained over the years by
    irrigation flows, but because of the drought conditions that
    you have been hearing about so much, along with changing
    agricultural practices and efforts to stabilize the Colorado
    River, these flows are decreasing. And as a result of water
    levels that are dropping, the water's salinity in the Salton
    Sea, has become 50 percent saltier than the Pacific Ocean. This
    high salinity has, in turn, devastated the ecosystem of the
    Salton Sea, which is a critical habitat for migratory birds and
    several endangered species.
        Now, declining water levels also have had deadly
    consequences for local communities. And when I say deadly
    consequences, that is no exaggeration. As the water recedes,
    more and more of the lake bed has become exposed, polluting the
    air with toxic clouds of dust and pesticides. Now, this
    poisonous air, in turn, travels for miles, including into a
    broad area of Imperial County, Riverside County, and the Torres
    Martinez Reservation. In the Imperial Valley alone,
    approximately one in five residents have become diagnosed with
    asthma or another respiratory disorder, three times higher than
    the state-wide average. The people and the wildlife who call
    the Salton Sea home desperately need our help to solve these
    environmental and public health crises.
        Now, the Federal Government owns nearly half of the land
    based beneath the Salton Sea and it is responsible for managing
    the Colorado River and protecting the health and safety of
    local communities and ecosystems. And the Federal Government--I
    want to emphasize this as well--the Federal Government also has
    a trust responsibility to the Torres Martinez Tribe. So the
    legislation before you, which I introduced jointly with Senator
    Feinstein, would give the Federal Government the tools
    necessary to do its part. Under current law, the Bureau of
    Reclamation is only able to engage in Salton Sea projects that
    have a research focus. That means that while Reclamation can
    study how to protect habitats or control salinity, it does not
    have the authority to actually put those solutions into
    practice--into action--and this effectively prohibits
    Reclamation from partnering with the State of California in the
    state Salton Sea management program. Our legislation would
    expand Reclamation's authority so that the Bureau can
    participate in large-scale projects, even if those projects do
    not have a research focus. We know the solutions, we need
    resources and the ability to put them into action. Then new
    projects could improve water quality, restore habitats, and
    benefit public health.
        And to enable this critical agenda, our bill would also
    increase Reclamation's authorization for Salton Sea efforts
    from a current $10 million to $250 million. And I plead with
    the Committee for your support of this measure.
        Thank you, Mr. Chair.
        Senator Wyden. Thank you very much, Senator Padilla.
        You and Senator Feinstein both have made very thoughtful
    presentations. We will excuse both of you at this time and look
    forward to following up with you.
        Senator Feinstein. Thank you.
        Senator Wyden. I am very pleased that we have three
    colleagues, three Republican Senators have joined us--Senator
    Hyde-Smith, the Ranking Member, Senator Risch, and Senator
    Daines.
        Senator Hyde-Smith, I think all of you would like to make
    some remarks and you are welcome to do so.

              OPENING STATEMENT OF HON. CINDY HYDE-SMITH,
                     U.S. SENATOR FROM MISSISSIPPI

        Senator Hyde-Smith. Thank you, Mr. Chairman, and I
    certainly look forward to the hearing today to address the
    ongoing issues in the West. And Ms. Touton, welcome back. Thank
    you for being here today, and I look forward to hearing your
    testimony, your expert knowledge, and the Administration's
    position toward this legislation.
        As I mentioned before, my home State of Mississippi does
    not have as many drought-related issues as our western states,
    but I understand the social, the economic, and the
    environmental impact that drought has on farmers, ranchers, and
    the rural communities in western states. One phrase I hear over
    and over again that I have committed to memory is water is the
    lifeblood of our western states, and it is absolutely true. The
    importance of our rivers, our streams, and tributaries extends
    far beyond their place on the map. They affect everyday life as
    they provide irrigation water for farmers, critical electric
    power to communities, and sustainable watersheds to help in all
    of those switches important to our entire nation.
        But I look forward to discussing these bills.
        Thank you, Mr. Chairman.
        Senator Wyden. I thank my colleague.
        Senator Risch.

               OPENING STATEMENT OF HON. JAMES E. RISCH,
                        U.S. SENATOR FROM IDAHO

        Senator Risch. Thank you very much, Mr. Chairman, quite
    ambitious of you to hold 16 bills----
        Senator Wyden. Here we are.
        Senator Risch. Much more productive than we are on the
    Foreign Relations Committee.
        Senator Wyden. We are busy souls.
        Senator Risch. And I, for one, appreciated Senator Tester's
    work and humor, particularly his observations regarding the
    Chairman.
        Senator Wyden. Oh, my goodness. I am going to have to have
    the record stricken.
        [Laughter.]
        Senator Risch. Anyway, thank you very much and thank you
    for holding this hearing.
        Water is at the heart of everything we do in my home State
    of Idaho, and we are proud to have made important strides in
    water conservation efficiency. However, there is always more
    work to be done. I have two bills before the Committee today,
    Senate bill 4175 and 4176, that make minor changes to existing
    water infrastructure programs that could greatly improve the
    ability, efficiency, and safety for use and transport of water
    in states like Idaho and across the West. I would like to
    highlight one issue this legislation addresses in particular--
    safety challenges for water transport presented by urban
    sprawl. The New York Canal in Idaho conveys water from the
    Boise River 41 miles westward through what was once all
    farmland, but now is one of the fastest growing metropolitan
    areas in the country. This issue of converted agricultural land
    poses a common problem across the West. Over time, homes and
    businesses have been built up around canals that were
    constructed more than a hundred years ago, and their
    extraordinary maintenance issues now pose a threat to life and
    property in some of these areas.
        My bill would allow operators of these canals to access
    aging infrastructure funds to help address these issues faster
    and more affordably than can be done today, all without
    interrupting what process we have in place for the construction
    and maintenance of these canals.
        Thank you so much for hearing these bills today.
        Senator Wyden. I thank my colleague.
        Our friend from Montana, Senator Daines.

                OPENING STATEMENT OF HON. STEVE DAINES,
                       U.S. SENATOR FROM MONTANA

        Senator Daines. Chairman Wyden, Ranking Member Hyde-Smith,
    thank you for this hearing on two bipartisan Montana bills. As
    the West continues to experience severe drought, this hearing
    could not be more timely.
        The St. Mary Milk River project's infrastructure is not
    only among the oldest of BOR's projects, but also retains one
    of the highest cost shares for local irrigators and water
    users. This unfortunate pairing means that the needs are just
    as great as they are costly to rural Montanans. The St. Mary's
    Reinvestment Act adjusts the federal cost share of
    rehabilitating the site to ensure the irrigator's share is
    economically justified, and much-needed repairs can finally
    move forward. It has been nearly two decades since all five
    drop structures of the St. Mary Milk River Project were
    recommended for replacement--nearly two decades. And during
    that time, the situation on the ground has truly worsened.
        In 2019, litigation threatened the continued operation of a
    critical dam on the project, leading to a diversion of funds
    and resources, increasing overall cost of repairs. And then, in
    2020, Drop 5 of the St. Mary Milk River Project experienced
    catastrophic failure, stopping the flows from the St. Mary's
    River entirely and immediately compromising over 121,000 acres
    of irrigated land, 18,000 water users in municipalities along
    the Hi-Line, including the Blackfeet Reservation and the Fort
    Belknap Reservation. While the infrastructure law provided some
    funding for the project, much more has to be done to prevent
    another catastrophic failure, and it is just a matter of time.
        Inflation has driven up construction costs and the severe
    drought has made it all the more important we pass my bill this
    year. As you can see from the map behind me, the Milk River
    Project is located in the part of Montana experiencing severe
    drought.
        [The map referred to follows:]
        [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

        Senator Daines. During dry years, like the ones we have
    been experiencing, the project supplies up to 90 percent of the
    water needed for the Milk River Basin, which is why it is been
    coined the ``lifeline of the Hi-Line.'' I am grateful for this
    hearing today and I want to urge quick passage.
        Senate bill 3450, the Sun River Hydropower Authorization
    Act, is a bipartisan, bicameral, locally supported bill that
    would bring new jobs, revenue, and baseload power to central
    Montana. My bipartisan bill authorizes hydropower production on
    the Bureau of Reclamation Sun River Project in Montana. It does
    this while also protecting existing authorizations, like
    irrigation and flood control. This bill is a win-win for the
    community. Not only will it create new baseload, very
    important--but it is renewable energy in Montana, and it is
    going to create new jobs and a stable revenue source for the
    irrigation district, ensuring the continued operation of the
    district for years to come. Specifically, this bill will ensure
    that we can finally bring power to the Gibson Dam, near
    Augusta, Montana, which our delegation in Montana and the local
    community has long, long fought for. This bill is supported
    from all fronts--local elected officials, county commissioners,
    electric co-ops, power and ag groups, and national groups.
        Chairman Wyden, I would also like to ask unanimous consent
    that the letters of support be entered into the record.
        Senator Wyden. Without objection, so ordered.
        [Letters of support for S. 3450 follow:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Daines. I hope this bill can pass quickly. Thank
    you, Mr. Chairman.
        Senator Wyden. I look forward to working with you on it,
    Senator Daines.
        Commissioner, thank you so much for your patience. This has
    been a little bit unorthodox today. We have had lots of
    senators. We have lots of votes. We are going to call yet one
    more audible.
        I am going to run and vote. My colleague from Nevada, who
    just voted, is going to preside as you offer your testimony.
    She will begin the questioning then. Then we will go to my
    colleague, the Ranking Minority Member, and I will be back
    shortly.
        So, I thank my colleague. I give her the gavel, and
    Commissioner, we look forward to working with you and
    appreciate your patience.
        Ms. Touton. Thank you, Mr. Chairman.
        Senator Cortez Masto [presiding]. Thank you.
        Commissioner, welcome and congratulations on being a new
    mother.
        Ms. Touton. Thank you very much, Senator. Good to see you.
        Senator Cortez Masto. Wonderful. Wonderful to add another
    person from Nevada.
        Ms. Touton. Yes.
        Senator Cortez Masto. Well, technically from Nevada, and
    important issues like drought that you and I have talked about.
    So thank you again for always being here.
        Let me start with a subject that you and I have talked
    about, which is the issue of drought in the West--excuse me?
        Oh, I am sorry, have you not given your testimony yet?
        Ms. Touton. No, ma'am, but I am happy to answer your
    question.
        Senator Cortez Masto. Oh, I am so sorry. So, everybody, I
    did not realize that. So, Senators, right now, we have just
    been giving openings and you still have not had a chance?
        Ms. Touton. Yes, Senator.
        Senator Cortez Masto. Well, we have to make sure that you
    have a chance. Please give you opening statement. We are so
    pleased to have you here.

     OPENING STATEMENT OF HON. CAMILLE C. TOUTON, COMMISSIONER OF
      RECLAMATION, BUREAU OF RECLAMATION, U.S. DEPARTMENT OF THE
                                INTERIOR

        Ms. Touton. Thank you. Good afternoon, Senator Cortez
    Masto. Good afternoon, Ranking Member Hyde-Smith, Chairman
    Wyden, Ranking Member Barrasso and members of this Committee.
    My name is Camille Calimlim Touton, and I serve as the
    Commissioner of the Bureau of Reclamation, and I am thankful
    for the opportunity to be here today to provide our views, and
    also the extreme confidence of this Committee in my ability to
    cover 16 bills, nearly 300 pages of legislative text in five
    minutes, and I will do my best to do so.
        The West is experiencing an unprecedented drought, and in
    most watersheds, there has been successive and compounding
    years of dry hydrology coupled with record low reservoir
    levels. The drought highlights the need for immediate actions
    as well as for thoughtful planning and on-the-ground work to
    make both our infrastructure and our operational decisions more
    resilient to withstand future water resource scarcity and
    variability. Fortunately, with resources made available by
    Congress and this Committee through the Bipartisan
    Infrastructure Law, Reclamation has been able to prioritize and
    accelerate projects that will create new water supplies.
    Earlier this month we celebrated the six-month anniversary of
    the President's signing the Bipartisan Infrastructure Law, and
    in the past six months, Reclamation has engaged with numerous
    stakeholders, with states, with tribes, all across the west,
    and certainly, with Congress, and through those discretions our
    allocation of FY22 monies over the last six months includes
    $245 million for water recycling, $210 million for surface
    water storage, $420 million for rural water, $240 million for
    aging infrastructure, $100 million for safety of dams, and $160
    million for WaterSMART grants. In addition, Reclamation has
    integrated bill funding with its Fiscal Year 2023 regular
    budget for high-priority programs like dam safety and
    extraordinary maintenance. Included in our 2023 request is
    $99.7 million for extraordinary maintenance activities for our
    infrastructure, part of a strategy to improve asset management
    and deal with aging infrastructure to ensure continued reliable
    delivery of water and power, all of which is complemented by
    our May 9th announcement, an allocation of $240 million for
    aging infrastructure.
        Like the Bipartisan Infrastructure Law, the legislation
    being considered today seeks to address the challenges
    Reclamation faces across the West and into the future. It
    addresses the issues of infrastructure--weather conveyance
    systems in California as part of S. 1179. This Department
    supports the intent of this legislation in repairing conveyance
    capacity.
        Conveyances that include urban canals are addressed in S.
    4175. We understand the intent of this legislation. I
    personally have seen the New York Canal in Boise, and we would
    like to work with the bill's sponsor to address concerns and
    provide technical corrections.
        Legislation also includes project-specific bills, as we
    have heard today, including, S. 737, and we appreciate the work
    to address previous concerns and look forward to working with
    the Committee and the sponsor on this legislation.
        S. 3971 modifies a cost-share for certain Reclamation
    projects in Oklahoma. Revisions to the bill that are
    considered, including 4233, as Ranking Member Barrasso
    mentioned, and Reclamation supports the goal of addressing
    emergency or structure failures at our facilities, and the
    Department looks forward to working with the sponsor and the
    Committee on proposed amendments to the bill, including S.
    4176, as mentioned by Senator Risch.
        Several pieces of legislation focus on power, whether
    encouraging new hydropower development as part of S. 3450 in
    Sun River, making project power available as part of S. 1554,
    or dealing with the challenges of a declining hydropower
    resource in the Colorado River Storage Project system as part
    of S. 4232. As a threshold matter, Reclamation supports the
    goals of providing clean energy to Americans, and we look
    forward to working with the sponsors, including on S. 4232,
    that address the goal of the bill and minimize unintended
    complexities in their hydropower program.
        Several pieces of legislation look to build resiliency
    through the development of new water supplies, as addressed by
    S. 953, and Reclamation supports the goals of water recycling
    and drought resiliency through the establishment of large-scale
    water recycling projects as part of S. 2334.
        And we understand the intent and look forward to working
    with the sponsor on S. 4231.
        S. 4236, as Senator Heinrich mentioned, provides a national
    data framework, looks at an integrated plan at the Rio Grande,
    and reauthorizes the Pueblo Irrigation Grant Program.
    Reclamation supports the extension of the Rio Grande Pueblo
    authorization and looks forward to working with the delegation
    and the Committee on the other goals of this bill.
        Finally, we look at legislation that addresses ecosystem
    needs, whether the fish recovery programs, as Senator
    Hickenlooper mentioned in S. 3693, work on restoration of the
    Salton Sea as part of 2693 that Senator Padilla mentioned, and
    the Watershed Pilot Project as part of the Chairman's bill, S.
    3539. The Department recognizes the bills before the Committee
    today and seeks to address impacts from the ongoing drought
    with more resilient ecosystems as well as repair our aging
    infrastructure and appreciates the work of all the bill
    sponsors.
        I would also like to take a moment to recognize that
    earlier this month, we had a public service recognition week.
    There are 5,400 employees, the public servants that make up the
    Bureau of Reclamation. We are talking infrastructure here, but
    our infrastructure is just concrete and rebar without those
    people doing that work in the unprecedented drought in a global
    pandemic and certainly with the challenges and the tragedy that
    we saw in Texas yesterday. I look forward to discussing the
    legislation in more detail for your questions and to continue
    to work with the bill's sponsors and the Committee as we move
    forward.
        Happy to answer questions at this time.
        [The prepared statement of Ms. Touton follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Cortez Masto. Commissioner, thank you.
        So let's start the questioning from the Senators, and
    Senator Hyde-Smith, if you want to go first, please go right
    ahead.
        Senator Hyde-Smith. Thank you very much, and I see there
    are a lot of bipartisan bills on today's agenda regarding
    hydroelectricity power generation, and I just think it is
    imperative to produce more reliable baseload electricity like
    hydropower to ensure grid stability and to meet the peak
    demands. But Ms. Touton, how would the bipartisan bills before
    us help the Bureau of Reclamation continue its support in the
    construction, the maintenance, and the advancement of
    hydroelectric power generation?
        Ms. Touton. Thank you for that question, Senator Hyde-
    Smith. Reclamation is extremely proud that we are the second
    largest producer of hydropower in the nation, providing three
    and a half million homes across the American West with clean
    power. There are three specific bills in front of us today--one
    that would authorize new power at Sun River, as Senator Daines
    mentioned, so we look forward to working with him in developing
    that hydropower. The other piece of legislation deals with
    project-use power in the Pick-Sloan Basin, again, an ability to
    provide cost-effective power to irrigators in that region. And
    finally, Senator Kelly's bill dealing with the Colorado River
    storage project system--the challenges we are having there with
    hydropower, but also ensuring that we are providing the
    American taxpayer with appropriate power, but also protection
    as we go through the drought.
        Senator Hyde-Smith. Thank you very much. And I would just
    like to understand the mandatory spending portion of Senate
    bill 953, and 3539, if this bill will look better, Ms. Touton,
    because this bill would establish the program at mandatory
    spending levels for the next 40 years. Would we be looking at
    some offset programs for this or not?
        Ms. Touton. Senator Hyde-Smith, should those be enacted we
    will work with Congress.
        Senator Hyde-Smith. If we did find the offsetting programs
    because, you know, we are just trying to get what that would
    look like and just wanted your commitment there because it is
    so, so expensive, and I think my time--I will yield.
        Senator Cortez Masto. Thank you.
        Senator Heinrich.
        Senator Heinrich. I would be happy to yield to my
    colleague, if he needs to be someplace else.
        Senator Cortez Masto. Sure. Senator Kelly.
        Senator Kelly. Thank you, Madam Chair.
        Commissioner Touton, very good to see you again. As we
    discussed a number of times, and as you know, the West is
    facing the worst drought in 1,200 years and Arizona is on the
    front lines of this megadrought. It has been going on for over
    20 years now. Low precipitation and dry soil are causing water
    levels in Lake Mead and Lake Powell to reach their lowest
    levels on record since they were first filled up. And the lakes
    are the nation's two largest manmade reservoirs, and store
    water for more than 40 million people in seven different
    states. The Bureau of Reclamation predicts a one in four chance
    that Glen Canyon Dam at Lake Powell will hit minimum power pool
    next year. That is at 3,490 feet above sea level and that is
    the elevation where the dam cannot generate electricity
    anymore.
        Glen Canyon Dam provides power to five million people in
    six states--Arizona, Colorado, Nevada, Utah, New Mexico, and
    Wyoming. We were about 30 feet from minimum power pool this
    year, but the lower basin agreed to forgo some water deliveries
    from Powell, and Reclamation agreed to release water from the
    Flaming Gorge Dam in Utah. And Commissioner, thank you for your
    leadership there. And it has bought us some time, but we will
    likely be in this same exact situation next year. And many of
    Reclamation's dams in the Colorado River Basin generate
    hydropower that is purchased by public entities. These are
    irrigation districts, and tribes and local governments depend
    on affordable, carbon-free, renewable energy. But under
    Reclamation law, these customers are still on the hook for
    paying capital and operations and maintenance costs even when
    the dam cannot generate electricity. Today's hearing includes a
    bill that I introduced, Senate bill 4232, that would direct the
    Federal Government to waive these obligations.
        Madam Chair, I would like to add to the record comments
    from federal hydropower customers and environmental
    stakeholders regarding this bill.
        Senator Cortez Masto. Without objection.
        [Comments on Senate bill 4232 follow:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Kelly. This bill does not amend any existing
    Reclamation statutes and it ensures that conservation programs
    are funded regardless of a waiver. Admittedly, not all dams
    have the same challenge as Glen Canyon Dam, although that could
    eventually change as the environment continues to warm. We will
    be gathering some stakeholder input to fine-tune this bill
    because it does cover a very large area, and ultimately, my
    hope is that this bill sparks a discussion here in Washington
    and across the Basin on how to solve this problem. I look
    forward to working with my colleagues on this bill.
        So, Commissioner Touton, in the case of Glen Canyon Dam,
    these public entities, they still need to buy power if we reach
    minimum power pool and cannot get any power from the dam. Will
    that replacement power be more expensive and less likely to be
    carbon free?
        Ms. Touton. So, one of the benefits of our system--our
    hydropower system--is the ability to produce power at low cost.
    And so, should we not produce hydropower and they go into the
    market, those entities will have to pay more for that.
        Senator Kelly. Do you know what multiple more?
        Ms. Touton. I do not want to quote that for you. It
    certainly is significant multiple. I can get that for the
    record, Senator.
        Senator Kelly. And it does change?
        Ms. Touton. Yes.
        Senator Kelly. You know, some of the operations and
    maintenance fees are set by the Department of Energy's Western
    Area Power Administration. Can you work with them and my office
    to make improvements to the bill to make sure we get this
    right?
        Ms. Touton. Absolutely, we have a great working
    relationship with Administrator LeBeau and look forward to
    working with you on this legislation.
        Senator Kelly. Well, thank you.
        And what kind of challenges between states should we expect
    in the Colorado River Basin as we have declining hydropower
    generation? Is this something that Reclamation has considered?
        Ms. Touton. Absolutely. Lake Powell, that facility, is 80
    percent of the Colorado River Storage Project. So it is a
    significant part of the CRSP system along with Flaming Gorge,
    Aspinall, and the Navajo Unit. So this is something that we
    take seriously because, as you mentioned, the hydropower
    produced there goes to rural communities, goes to tribal
    entities, and it is a part of our mission--to deal with
    hydropower. We took those actions, working with the states and
    our stakeholders and the tribes, with 500,000 acre-feet, as
    well as the 480,000 that we are holding back from Powell to
    send to Mead. But as you said, Senator, those are short-term
    fixes. We could be in the same spot nine months from now.
        What I am hopeful about is in this Basin, which separates
    every other Basin in the West, is that they come together,
    ground-up, and with us, to come up with solutions, but we have
    to do it now.
        Senator Kelly. Yes, We have to work on it. You know,
    fortunately, thanks to this Committee and other committees,
    there was additional funding in the Bipartisan Infrastructure
    bill to deal with this problem. You mentioned hope, and not
    with regards to the climate, I mean, we cannot hope that this
    drought ends. We would all like it to end.
        Ms. Touton. Right.
        Senator Kelly. But it is impossible to anticipate when that
    would happen, if ever.
        Now, I would say the good news is, we are, as a country, we
    are pretty good at engineering our way out of some problems. We
    just have to focus on it and not get behind the curve. So thank
    you, Commissioner.
        Ms. Touton. Thank you, Senator.
        Senator Wyden [presiding]. Thank you, Senator Kelly.
        Senator Heinrich, our colleague from Nevada is being
    constructive once more, and she said why don't you go next, and
    then she will follow.
        Senator Heinrich. Thank you, I appreciate it.
        Commissioner, aridification, whether this, I mean,
    obviously, this is the driest it has been in 1,200 years in our
    basins. And it is very unclear whether or not we are going to
    experience the kinds of periods like we did in the early 80s,
    when we filled up these reservoirs over the top. This trend is
    threatening the lifespan of the Rio Grande and many other
    rivers, as we have heard about in the Colorado Basin as well.
    The Bureau predicts that Elephant Butte Reservoir alone could
    drop about 60 feet by mid-September of this year. What tools do
    we have at our disposal right now for water resource management
    in the Rio Grande Basin, and how can we do a better job of
    keeping the river wet more of the year?
        Ms. Touton. First, I was in your home state last week, and
    as beautiful as it is, it is extremely dry in New Mexico and
    certainly across the West at this point. When you mentioned
    Elephant Butte, one of the immediate actions we did was, they
    applied for a WaterSMART grant. A lot of efficiencies can be
    gained in some of this older infrastructure, and we use that to
    work with them in some of their canals and canal linings. Our
    Deputy Commissioner was actually out there with the General
    Manager at Elephant Butte to look at the WaterSMART project
    that we have there. Long-term, I think, your legislation that
    we are considering today, to look at it across the board,
    utilizing data, best available science to look at what the
    future looks like. Certainly, it does not--it will not look
    like what we expected in the past. So moving forward using
    that, as well as the funding that is provided in your bill, is
    all the tools that we are going to be using, not just in the
    Rio Grande, but across the 17 western states.
        Senator Heinrich. So river basin authorities have been
    codified in law to create a more coordinated effort of long-
    term resilience in water security. Can you describe how federal
    water basin plans and authorities have contributed to long-term
    river resilience--how that has been used in the past to create
    a more resilient system?
        Ms. Touton. When I read your legislation, it immediately
    reminded me of that which Senator Cantwell helped to move on
    the Yakima Basin--similar fact pattern there as in the Rio
    Grande, endangered species, limited water irrigation, and
    tribal components. And so, bringing all of those parties
    together to have a cohesive look at the basin and how we look
    at the river benefits everybody when everyone is at the table,
    and certainly with a framework to do so.
        Senator Heinrich. Talk a little bit about those tribal
    components. Obviously, back in 2009, when I first got to
    Congress, we authorized the 18 Rio Grande Pueblo Infrastructure
    project. The study identified nearly--you know, it included $4
    million to conduct a study, $6 million in each of the ten
    subsequent years identified infrastructure improvements, but it
    also identified $280 million in needs. Talk a little bit about
    that program, where it is now, and where we need to go into the
    future, especially with regard to long-term reauthorization.
        Ms. Touton. The Administration supports the reauthorization
    of this program because of the success that we have seen in
    partnering with the Pueblos in the Rio Grande. And so,
    certainly the activities and efforts that we have undertaken
    are ones that we look forward to continuing into the future,
    and it matters now, especially in light of aridification, as
    you mentioned, and a variable climate.
        Senator Heinrich. How much low-hanging fruit is left? Like,
    you know, decades ago, we would flood-irrigate, oftentimes in
    fields that were not particularly level. Every year we learn to
    squeeze more and more of a limited resource from the system.
    How much conservation room do we have left, and obviously,
    given the fact that we are, having these seasons where, you
    know, the season ends early, begins, changes when it begins,
    like how much more can we pull from this system, if you did not
    have to worry about how much you were spending? Put it that way
    because I want to get a sense for what is still out there.
        Ms. Touton. Yes, I will tell you, we have $160 million that
    we have allocated to WaterSMART as part of the Bipartisan
    Infrastructure Law, and there is several hundred million more
    left under that. I will use every dollar of that to make sure
    that we can get as much conservation as we can.
        Senator Heinrich. When we get further down that line, it
    would be really interesting to see how many acre-feet we were
    able to gain through the implementation of the Bipartisan
    Infrastructure Act.
        Ms. Touton. We can do that for you, Senator.
        Senator Heinrich. Thank you.
        Senator Wyden. I thank my colleague.
        The Senator from Nevada.
        Senator Cortez Masto. Thank you.
        Let me follow up on that because Commissioner, we are going
    to talk about water recycling to help us figure out how we
    augment water on the Colorado, but conservation is key.
        Ms. Touton. Yes.
        Senator Cortez Masto. We know it in Nevada. We have seen
    the benefits in Southern Nevada, what impact that conservation
    has. I guess my question to you is, how do we encourage all of
    the water users, and let's just take the Colorado River--along
    the Colorado River--to focus on conservation?
        Ms. Touton. Conservation is, frankly, low-hanging fruit, as
    Senator Heinrich mentioned. It is one of the easiest things you
    can do--finding efficiencies in our systems, also within the
    urban and municipal communities, really encouraging efficiency
    within the home, within uses outside. So that is key. And it
    may seem like a little amount of water if it is just one house
    or one irrigation district, but the cumulative impacts are
    significant. I do not have it with me, but I am happy to
    provide for you, Senator--we call it the Rainbow Chart. It
    essentially outlines all of the activities that we have taken
    in the Colorado River, including conservation, and stacking
    those together that if we had not done it, we would have been
    in a Tier 1 shortage far sooner than where we are before. So,
    collectively, it makes a significant difference, even if people
    think that their small efforts don't matter, it absolutely
    does.
        Senator Cortez Masto. Yes, thank you. I agree. And we have
    examples of that right in my own home state. So thank you.
        We have talked about this as well--the Bipartisan
    Infrastructure Law has included portions of my legislation, S.
    2334, to create a grant program facilitating the creation of
    large-scale water recycling projects in the West, and
    specifically it dedicated $450 million for a competitive grant
    program to help fund regional water recycling projects,
    including a proposed project between the Metropolitan Water
    District of Southern California and Southern Nevada. And we
    know that by doing just that one project that would be enough
    water to serve more than 500,000 households in Southern
    California and Nevada, for example.
        So, can you please provide the Committee with a status
    update on how BOR is implementing this water recycling program,
    and what can we expect to see, or when can we expect to see
    this grant program put into action?
        Ms. Touton. Thank you, Senator. I knew you were going to
    ask me that. I hoped to have a better answer, but we are
    working on it and hoping we will have something by this summer
    to be able to stand up that program and move it forward. As you
    said, this is--there is a lot of water recycling that we are
    doing and it is significant, but this is large-scale water
    recycling--half a million homes. It is a tremendous difference.
        Senator Cortez Masto. Yes, thank you. So I do look forward
    to standing up that program.
        You have talked a little bit about this, but we are now in
    a Tier 1 shortage condition for Lake Mead. Under these
    conditions, associated water allocations include cuts for the
    Lower Basin that began implementation at the beginning of this
    year. You very well know that water levels at both Lake Powell
    and Lake Mead continue to decline. I just heard my colleagues
    talking about this. What is the status of the shortage
    declaration? And how are you working with the Colorado River
    Basin states to mitigate against drought and adapt to further
    water reductions?
        Ms. Touton. I think we talked a little bit about the
    efforts we have in Lake Powell with the DROA releases as well
    as withholding water in Powell to shore a power pool there and
    not sending it to Mead, but specifically in Lake Mead, one of
    the things that the Bipartisan Infrastructure Law allowed us to
    do was, when the states came and said we have a plan, the 500+
    Plan, which means conserving 500,000 acre-feet over the next
    two years, and we want you to be a cost-share partner,
    Reclamation was able to say yes, we are in there 100 percent,
    and we are in for half of the cost. And so, that is an
    immediate action that we are taking along with conversations
    with the states. Certainly, the actions we took earlier this
    month are reflective of that. But it is a conversation for the
    entire Basin states. It is the tribes. It is really to move
    forward, and not being year-by-year, it is a collective
    conversation.
        Senator Cortez Masto. Right and I agree.
        So thank you for your good work. I always appreciate you
    and the conversations we have because I know you are committed
    to addressing some many of the issues that we care about. So
    thank you.
        Ms. Touton. Thank you, Senator.
        Senator Wyden. I thank my colleague.
        Commissioner, thanks for your patience, and it has been
    good to be able to work with you in our effort to bring
    resources to the Klamath Basin. It is going to be another very
    difficult year.
        Let me ask you about both of my bills briefly, and what we
    are going to do is, I am going to ask questions and then my
    colleague from Mississippi will wrap up and perhaps Senator
    Heinrich and my colleagues have other questions as well.
        The Watershed Results Act makes sure that taxpayer dollars
    go to projects that actually produce results--produce
    environmental benefits, water quality, ecosystem restoration,
    programs at the Bureau of Rec, WaterSMART, for example,
    critical for water conservation, but sometimes it is not
    completely clear whether we are getting the intended results.
    So how does the Bureau of Reclamation balance the best
    available science with potential outcomes on the ground so that
    we really make the best possible choices for grant applicants?
        Ms. Touton. Thank you for your legislation. It looks at a
    holistic--really all the tools that Reclamation is using across
    the board to deal with the drought that we are facing in the
    West. You know, we have a great group of professionals in
    Denver and across the region that really focus on the best
    available science, but as Senator Heinrich mentioned, being
    able to quantify the metrics in which those are effective. And
    so, it really is partly letting science lead, working with our
    partners in ensuring that they understand the goals of the
    projects, and letting you all know what we are doing out in the
    field.
        Senator Wyden. Well, we look forward to working with you on
    that legislation.
        Ms. Touton. Thank you.
        Senator Wyden. And on this point, I would like to put into
    the record testimony submitted by the Freshwater Trust, which
    breaks down the actual benefits of our Watershed Results Act
    that Senator Merkley and I have worked on.
        [Testimony by the Freshwater Trust follows:]
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        Senator Wyden. Let me ask you then, the second question,
    again stemming from our work in the Klamath Basin and Oregon
    issues. Obviously, you have to find a way to bring together
    engagement from all members of the community to come up with a
    balanced kind of solution. There are serious concerns across my
    state about resources from Bureau of Reclamation making it onto
    the ground, and without those communities actually getting
    help, the Klamath and Deschutes Basins are going to see the
    extreme drought and challenges compounded by it. So, Senator
    Merkley and I, through the Water for Conservation and Farming
    Act, provide additional support for this cooperative watershed
    effort, and the point of it is to help the communities develop
    long-term strategies and implement water projects that have
    significant benefits.
        Now, the program is authorized to $20 million per year. The
    Cooperative Watershed Program in the President's budget only
    included a request for $2.25 million. We need long-term
    solutions. Given the complexity of the water problems in the
    West, can you explain why the Bureau of Rec is requesting only
    10 percent of the Watershed Program's annual authorization?
        Ms. Touton. Thank you, Senator.
        First, I want to thank you for your legislation with the
    Drought Relief Act in Klamath, and talking about getting
    resources to the ground, we have used that authority last year.
    We are using it again with $20 million to assist the farmers
    this year. Second, with the Cooperative Watershed, while it is
    only $2.5 million within our request this year, we have
    received $100 million as part of the Bipartisan Infrastructure
    Law. So we are using the funding provided to us through the
    bill in coordination with our funding in the President's budget
    to get to those projects.
        Senator Wyden. I get the point and it is not an
    unreasonable one, to basically say, well, we get to the target
    if we use the money from the BIF. I think we are going to need
    all-hands-on-deck this summer because it is going to be tough.
    I hope we can work with you to figure out ways to hit that
    higher level. I get your point. It is the ones that say that it
    is not unreasonable, but we are just facing very, very ominous
    signals about the seriousness of the drought. The farmers I met
    with in the Basin are really, you know, at the point where they
    wonder if they can continue to farm. So we are going to have to
    continue working with you on it. And I would like us to hit the
    target for the net increase of the funds that are so
    desperately needed, and I appreciate your willingness to work
    cooperatively with us.
        Senator Hyde-Smith.
        Senator Hyde-Smith. Thank you.
        Just a couple of more things in reference of the bills, 953
    and then the 3539. How many of the goals outlined in these
    bills could be covered with resources provided to the Bureau of
    Reclamation and Interior Department through the Bipartisan
    Infrastructure Law?
        Ms. Touton. Thank you.
        The Bipartisan Infrastructure Law has authorities in which
    we could utilize some of the funding there to meet the goals of
    both those legislations. And so, as with the funding, as the
    Chairman mentioned, we are trying to maximize it both, whether
    it is authorities or with funding to meet the goals and intent.
        Senator Hyde-Smith. So, you do have that flexibility?
        Ms. Touton. Yes, ma'am.
        Senator Hyde-Smith. And does the expansion of the
    eligibility of the WaterSMART program present any specific
    challenges to farmers and ranchers, and how could they be
    affected by that?
        Ms. Touton. There are changes to WaterSMART. We look
    forward to working with the sponsor on some technical
    corrections, and certainly, we will take into consideration
    what impacts it might have to some of our constituencies,
    including farmers.
        Senator Hyde-Smith. Do you know of any challenges it
    presents right now if that is not changed?
        Ms. Touton. I don't have it specifically, Senator, but I am
    happy to follow up for the record, if that is helpful.
        Senator Hyde-Smith. Okay.
        Senator Hyde-Smith [presiding]. Senator Hicken--lopper.
        Senator Hickenlooper. Looper.
        Senator Hyde-Smith. Hickenlooper, I'm sorry. I was looking
    at that and had it sideways.
        Senator Hickenlooper. They called me chicken cooper, poop
    and scooper.
        [Laughter.]
        Senator Hickenlooper [presiding]. Growing up I have had a
    name that lends itself to interpretation. Thank you.
        Thank you, Madam Chair or I do not know if you are in
    charge or I am in charge, but whatever, thank you.
        Thank you, I really appreciate your public service--I guess
    I would say, Madam Commissioner, I think you are faced with a
    very, very, very difficult time. You are taking on a difficult
    job in any time, and this is an especially difficult time.
        Senator Romney and I spoke a little earlier about this, we
    introduced the Upper Colorado and San Juan River Basins
    Recovery Act to extend the endangered fish recovery programs
    for these two river basins. These programs are viewed as a
    model of success by water users and conservationists alike,
    ranchers and farmers, businesses of every nature. So can you,
    just for a moment, elaborate on the advantages of extending
    these programs, on how they benefited water projects and
    Endangered Species Act coordination and what types of costs
    might occur for tribes and states and water developers within
    the Upper Colorado and San Juan River Basins if these programs
    were allowed to expire?
        Ms. Touton. Thank you, Senator.
        I think the program speaks for itself, in which, last year
    we were able to downgrade the humpback chub, as well as looking
    to do so for the razorback sucker, as you mentioned, and that
    is half of the four fish that we are talking about today.
    Outside of the successes and doing the right thing in being
    able to do that, what it allows the Bureau of Reclamation to do
    is continue with its mission. It provides environmental
    compliance so that we can continue to deliver water and produce
    power. And certainly, that is a success in its own right in
    providing stability and consistency in our ability to meet our
    mission.
        Senator Hickenlooper. Well, thank you for that. I think it
    is, I mean, I never thought I would be fighting for the
    humpback chub, but there you have it and it is a success, I
    mean, a success that was created through serious collaboration.
        Earlier this month, the Department of the Interior
    announced it was implementing the Upper Colorado Basin Drought
    Response Operations Plan, which addresses the alarmingly low
    levels at Lake Powell and Lake Mead by making sure that we move
    water around and change our annual release volumes at different
    times. By any measure, this is a band aid, a short-term fix. It
    is not clear how the Basin can persist through these
    increasingly hotter, drier conditions. What other actions are
    Interior and your Bureau taking to prepare for the consequences
    of this worsening drought and the implications it holds for the
    entire Colorado River Basin?
        Ms. Touton. Thank you, Senator Hickenlooper.
        The actions we announced earlier this month certainly are
    significant, but you are right, it is not a long-term strategy
    for the Basin. The Compact is celebrating its 100 years this
    year, and we, Reclamation, are celebrating our 120th
    anniversary next month, and so, really, when you look at what
    it looks like and what Reclamation is doing, we are faced with
    a two-prong parallel that is sometimes an intersecting
    strategy. We have to manage this moment so the actions that you
    are seeing that we are taking with DROA, with the releases that
    we are holding in Powell, to protect power pool--we are also
    going to start the process of the conversation of what the
    Basin looks like, what the river looks like post-2026. And it
    is hard to have that conversation when you are in the middle of
    a crisis, but you need to have both of those conversations and
    have them influence each other for what we think the river will
    look like for the next 100 years.
        I am confident in our relationships with the states and
    with the tribes that we can get there. There is no other
    solution but to get there.
        Senator Hickenlooper. Well, that is such a profound thing
    you said and I will repeat it just for the record because I
    think it is profound, and in a crisis, it is difficult to take
    the time to plan, but at no other time is it more essential and
    critical to make plans and make sure that those plans are
    evolving in the middle of a crisis. That process of planning,
    as you just implied and were stating, that is what success is.
    That is how you get to success, by being able to create a plan
    and then adapt it as things go on.
        What are your thoughts on increasing resources for the
    Bureau of Reclamation to enhance water conservation and expand
    reservoir capacity and, you know, water recycling and
    groundwater management in order to help this Colorado River
    Basin build resilience and adapt to what is clearly climate
    change, the consequences of climate change?
        Ms. Touton. What I saw with the Bipartisan Infrastructure
    Law is $8.3 billion so, $1.6 billion over the next five years.
    Our annual budget is equivalent to that. What you are looking
    at with just our annual budget is, we have to manage the
    moment. That is how we get by. With investment in Reclamation
    with the Bipartisan Infrastructure Law, that allows us to build
    a future, including $300 million for drought contingency
    planning, large-scale water recycling, aging infrastructure.
    These are really important to determine how we operate in this
    climate for the next 120 years. We have never seen these
    conditions in the history of this organization, but we have an
    opportunity here with the resources that Congress has invested
    to make a difference and to build a future.
        Senator Hickenlooper. So well spoken. You are such a great
    representative, not just of the Bureau, but also of the entire
    Department of the Interior. I really appreciate that it allows
    us to build a future. That is exactly right. We need to make
    sure that you have the resources and now you need to make sure
    that we can all work together and be prepared, and build that
    resilience that we need.
        Ms. Touton. Yes.
        Senator Hickenlooper. Thank you very much.
        Ms. Touton. Thank you, Senator.
        Senator Hickenlooper. Have we got any other questions? We
    are all set. I guess I am going to close it down then, unless
    you have anything you would like to add.
        Ms. Touton. I would just say, you know, Senator Cortez
    Masto mentioned that I am a Nevadan. When we talk about this it
    is important to me because it means--the future to me is three
    little girls that just want to go to Grandma's house in the
    Basin. And so, it really is a personal and a professional
    privilege to be here and represent this organization.
        Senator Hickenlooper. Great. Well, thank you, Camille.
        I want to thank all my colleagues and today's most
    excellent witness for participating in today's legislative
    hearing.
        The Subcommittee has a 48-hour deadline for members to
    submit additional written questions to our witness.
        The hearing record will remain open for two weeks.
        Thank you again, Madam Commissioner.
        At this point, the Committee stands adjourned.
        [Whereupon, at 4:17 p.m., the Committee was adjourned.]

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