[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:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    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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