[Senate Hearing 118-405]
[From the U.S. Government Publishing Office]
S. Hrg. 118-405
PENDING LEGISLATION
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON
WATER AND POWER
OF THE
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
on
S. 2927 S. 4576 S. 5011
S. 4016 S. 4996 S. 5012
S. 4242/H.R. 4385 S. 4999 S. 5013
S. 4245/H.R. 5770 S. 5000 S. 5014
S. 4347 S. 5005 H.R. 6062
S. 4458
__________
SEPTEMBER 11, 2024
__________
[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
56-728 WASHINGTON : 2025
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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 BILL CASSIDY, Louisiana
JOHN W. HICKENLOOPER, Colorado CINDY HYDE-SMITH, Mississippi
ALEX PADILLA, California JOSH HAWLEY, Missouri
------
Subcommittee on Water and Power
RON WYDEN, Chair
BERNARD SANDERS JAMES E. RISCH
CATHERINE CORTEZ MASTO MIKE LEE
JOHN W. HICKENLOOPER JOHN HOEVEN
ALEX PADILLA BILL CASSIDY
Renae Black, Staff Director
Sam E. Fowler, Chief Counsel
Melanie Thornton, Professional Staff Member
Justin J. Memmott, Republican Staff Director
Patrick J. McCormick III, Republican Chief Counsel
Jack Holt, Republican Junior Counsel
John Tanner, Republican Deputy Staff Director for Lands
C O N T E N T S
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OPENING STATEMENTS
Page
Wyden, Hon. Ron, Subcommittee Chair and a U.S. Senator from
Oregon......................................................... 1
Risch, Hon. James E., Subcommittee Ranking Member and a U.S.
Senator from Idaho............................................. 17
Hickenlooper, Hon. John W., a U.S. Senator from Colorado......... 17
Padilla, Hon. Alex, a U.S. Senator from California............... 18
WITNESSES
Panel I
Bennet, Hon. Michael F., a U.S. Senator from Colorado............ 19
Fischer, Hon Deb, a U.S. Senator from Nebraska................... 26
Panel II
Touton, Hon. Camille C., Commissioner, Bureau of Reclamation,
U.S. Department of the Interior................................ 27
ALPHABETICAL LISTING AND APPENDIX MATERIAL SUBMITTED
Arizona Department of Water Resources:
Letter for the Record........................................ 78
Arizona Power Authority:
Letter for the Record........................................ 79
Bennet, Hon. Michael F.:
Opening Statement............................................ 19
Colorado Department of Natural Resources:
Letter for the Record........................................ 22
Colorado River Commission of Nevada et al.:
Letter for the Record........................................ 106
Delta Waterfowl et al.:
Letter for the Record........................................ 61
Douglas County (CO) Board of Commissioners:
Letter for the Record re S. 4576............................. 83
Letter for the Record re S. 5014............................. 84
Family Farm Alliance:
Statement for the Record..................................... 85
Fischer, Hon. Deb:
Opening Statement............................................ 26
Hickenlooper, Hon. John W.:
Opening Statement............................................ 17
Idaho Water Resource Board:
Letter for the Record........................................ 115
Jennings, Su'a Alexander Eli:
Statement for the Record..................................... 94
Mandan, Hidatsa, and Arikara Nation:
Letter for the Record........................................ 63
Mauga, Hon. Lemanu P.S.:
Statement for the Record with attachment..................... 3
Metropolitan Water District of Southern California:
Letter for the Record re S. 4016............................. 100
Letter for the Record re S. 5012............................. 101
Mohave County (AZ) Water Authority:
Letter for the Record........................................ 102
Mohave Valley Irrigation and Drainage District:
Letter for the Record........................................ 104
National Audubon Society et al.:
Letter for the Record........................................ 80
North Dakota Department of Water Resources et al.:
Letter for the Record........................................ 65
Padilla, Hon. Alex:
Opening Statement............................................ 18
Photograph of toy bird: ``Yazmin, the Yellow-billed Cuckoo''. 58
Radewagen, Hon. Aumua Amata:
Statement for the Record..................................... 108
White paper entitled ``H.R. 6062, American Samoa
Constitutional Reform Bill''............................... 110
Risch, Hon. James E.:
Opening Statement............................................ 17
Sisseton-Wahpeton Oyate, Lake Traverse Reservation:
Letter for the Record........................................ 69
Southeastern Colorado Water Conservancy District:
Statement for the Record..................................... 24
Spirit Lake Tribe:
Letter for the Record........................................ 71
Standing Rock Sioux Tribe:
Letter for the Record........................................ 72
Touton, Hon. Camille C.:
Opening Statement............................................ 27
Written Testimony............................................ 30
Turtle Mountain Band of Chippewa Indians:
Letter for the Record........................................ 74
U.S. Department of the Interior:
Statement for the Record on H.R. 6062........................ 118
U.S. Department of the Interior, Bureau of Land Management:
Statement of the Record on S. 4999........................... 119
U.S. Department of the Interior, U.S. Geological Survey:
Statement for the Record on S. 4245.......................... 121
Wyden, Hon. Ron:
Opening Statement............................................ 1
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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/
2024/9/subcommittee-on-water-and-power-hearing-to-receive-testimony-on-
pending-legislation
PENDING LEGISLATION
----------
WEDNESDAY, SEPTEMBER 11, 2024
U.S. Senate,
Subcommittee on Water and Power,
Committee on Energy and Natural Resources,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:30 p.m. in
Room SD-366, Dirksen Senate Office Building, Hon. Ron Wyden,
Chair of the Subcommittee, presiding.
OPENING STATEMENT OF HON. RON WYDEN,
U.S. SENATOR FROM OREGON
Senator Wyden. The Subcommittee will come to order.
Our Subcommittee meets today to receive testimony on
western water legislation relating to the current climate-
driven drought, as well as an important bill regarding American
Samoa. Before we get to today's business, I want to repeat that
the delay in securing clean drinking water for many rural and
tribal communities is unacceptable. A year ago, this
Subcommittee held a hearing in coordination with several other
committees about the desperate need to address the drinking
water access crisis. Reclamation is under the Committee's
jurisdiction and has a key role in fixing this serious and
ongoing problem. The Bureau of Reclamation, along with the rest
of the Federal Government, is not moving fast enough to seek
critical resources needed to get to the hard-hit communities.
These communities have enough to worry about with the current
situation without having to use their limited capacity to jump
through a wave of hoops for drinking water that shouldn't be
one of them.
The Committee is not alone in recognizing this problem. The
bipartisan Streamlining Federal Grants Act, authored by
Senators Peters and Cornyn, could help, but it's time to use
existing water resources to help communities now. So, the point
of this is, we may need the benefits of additional legislation,
but all the foot dragging on using existing authorities is
unacceptable. And I will come back to the issue of improving
water access later in the hearing when we get to questions for
our Reclamation witness, Commissioner Touton, about the
progress the agency has made in addressing these challenges to
date and what can be done to accelerate these efforts.
Let me wrap up my comments with respect to drought and
several pieces of legislation on the calendar today. We are
going to look at a number of issues facing the Bureau of
Reclamation. Some of the bills on today's agenda promote
drought resiliency. The bills on today's agenda also aim to
improve infrastructure and management to improve the safety,
reliability, efficiency, and conservation of surface,
groundwater, and natural storage. The hearing provides an
opportunity to look at 15 bills as proposed solutions of the
climate-driven drought crisis that plagues the West.
In addition, the Committee will consider H.R. 6062,
legislation to restore the ability of the people of American
Samoa to quickly approve and implement amendments to their
territorial constitution. This is, in my view, a common-sense
bill that is going to eliminate federal red tape for a
territory to do what any state can already do on its own. We
have Representative Radewagen in the house today, the House
delegate from American Samoa, who authored this legislation, in
attendance to emphasize its importance, and I want to commend
the Representative for her good work. Furthermore, I have
written testimony from Governor Mauga in support of the
legislation that I would ask be entered into the record. I ask
unanimous consent for it to be entered into the record at this
point.
[Letter of support from Governor Mauga of American Samoa in
support of H.R. 6062 follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Wyden. In a moment, other members of this Committee
are going to have an opportunity to make opening remarks. The
legislation on the agenda today joins other important
legislation, including three of my bills--the Water for
Conservation and Farming Act, the Watershed Results Act, and
the Klamath Power and Facilities Agreement Support Act that the
Committee considered earlier this Congress. So, I look forward
to continuing our work here.
Senator Risch and I have worked in a bipartisan way on
these sorts of natural resources issues for many years, and I
appreciate his cooperation, and we are going to work to advance
the legislation that demonstrates how serious we are about
tackling these issues.
Senator Risch.
OPENING STATEMENT OF HON. JAMES E. RISCH, U.S. SENATOR FROM
IDAHO
Senator Risch. Thank you, Mr. Chairman. Thank you for
holding this hearing today. Obviously, water is an incredibly
important issue in the western states. Our friends east of the
Mississippi don't have a really good grasp of how important
water is to us out west. And as a result of that, we do spend
an inordinate amount of time on it, but it is very important to
do that. Western water issues are localized, and they are
nuanced, and one-size-fits-all models really don't work. The
precious time and resources going to water supply and
management efforts, solutions to problems, need to be tailored
by the people who truly understand the needs on the ground with
support from federal partners, if and only if their involvement
is appropriate.
Idaho is a good example of state leadership in water
management. I have one bill on this agenda that is very nuanced
in a particular area, and I am glad you have that on. I am also
glad to see the attention spent to American Samoa. On the
Foreign Relations Committee, we know that what happens in the
Pacific is important to America. We are trying to spend more
and more time focusing on the Pacific because it is an
important region, and China has already spent a lot of time and
a lot of focus there. So I am glad we are spending this time
there.
Thank you, Mr. Chairman.
Senator Wyden. Well said, colleague.
And at this point, we are going to recognize those on the
dais, and then we will go to our colleagues in the house.
Let's see, Senator Hickenlooper.
OPENING STATEMENT OF HON. JOHN W. HICKENLOOPER,
U.S. SENATOR FROM COLORADO
Senator Hickenlooper. Thank you, Mr. Chair, and thank you
for today's hearing and for including several bills that we are
proud to champion. I also appreciate Commissioner Touton for
joining us today and for her unwavering commitment to making
Colorado and the entire West--to help us make the most of water
supplies in the shortages we face as a result of this long-term
drought. Her commitment to work with all parties to use our
experience and science to deal with this uncertain future in
the best possible way is remarkable. And that's what the bills
we have on the docket today would do. I mean, in the West,
water really is life, and we have no crystal ball, but we have
to be ready for whatever comes.
We have one bill to reauthorize the Upper Colorado River
Basin System Conservation Pilot Program, which I am proud to
co-lead with Senator Barrasso. And this bill helps the Upper
Basin states like Colorado and Wyoming to continue to
investigate the best ways to take on voluntary water
conservation measures between now and 2026. As the Commissioner
knows, in 2026, that is when our current plans for managing the
Colorado River expire. Understanding now what works best for
water conservation in the Upper Basin can help us handle a
drier future.
I am also proud to join my colleague, Senator Michael
Bennet, on a bill to help ensure the affordability of the
Arkansas Valley Conduit, a critical infrastructure project in
southeastern Colorado that he has been working on for more than
a decade. These communities have been working on--they have
been waiting 60 years to get clean, reliable water. We are
committed to getting that done.
I have also worked with Senator Lummis and with you,
Senator Wyden, on legislation that would continue the good work
that the Department of the Interior is already doing on water.
Our bill reauthorizes the Bureau's authorities under the
Reclamation States Emergency Drought Relief Act, as well as key
DOI programs for streamgage and groundwater monitoring.
And then lastly, we are also really looking forward to
diving in on the Water Project Navigators Act that Senator
Moran and I just introduced. And this would create a new
Reclamation program to help communities--rural communities,
especially--and tribes build up on their own internal capacity
to develop projects that can benefit both water supply and the
environment. We will dig deeper on each of these during my time
with questions, but for now, thank you again for the hearing.
Senator Wyden. Let us recognize that 100 percent of
Colorado Senators are in the house.
[Laughter.]
Senator Wyden. Senator Padilla, welcome.
OPENING STATEMENT OF HON. ALEX PADILLA,
U.S. SENATOR FROM CALIFORNIA
Senator Padilla. Thank you, Mr. Chair. Thank you, Ranking
Member Risch for convening this important Subcommittee hearing
on water legislation. Also, I want to extend my personal
gratitude to Commissioner Touton, not just for her testimony
today, but for all of the work that she has done to help manage
the complex water issues facing California and the West. I am
happy to discuss the three water related bills of mine that are
on the agenda, but as the West continues to adapt to the
climate crisis and historic drought, it is more important than
ever to ensure that the Federal Government is meeting these
challenges with more thoughtful, innovative, and comprehensive
strategies. So, my bills are intended to assist the Department
and the Bureau to do just that.
The first of my bills, the Sacramento River Act, would
authorize Interior to set up federal leadership committees to
improve federal coordination of ecosystem restoration projects.
This increased coordination would particularly help in the
Sacramento Valley, where a coalition known as the Floodplain
Forward Coalition is working to develop and implement nature-
based solutions to provide benefits for the environment,
migratory birds, and fish in our farms, towns, and cities.
Another provision of the bill would allow the Bureau of
Reclamation water users to retain revenues from the sale of
surplus water that happens from time to time--surplus water.
These proceeds would go to fund drought resiliency and dam
safety activities. This change would also serve to incentivize
water utilities to generate surplus water that they can to
drink in times of drought that would relieve the water
shortages and improve water drought resiliency and dam safety.
The second bill will simply increase the authorization of
funding for the San Joaquin River Restoration Program, which
supports one of the most productive agricultural regions in the
country while also creating a healthy living river for Chinook
salmon. Increasing the cap of the program will enable the
Bureau and the State of California and other key partners to
advance projects necessary to the continued success of the
program. And in particular, I want to thank Senator Hoeven for
co-sponsoring this bill with me.
The third and final bill would establish an interest-
bearing account for the non-federal contributions to the Lower
Colorado River Multi-Species Conservation Program. This program
is an underrated success story that has been hugely beneficial
in stocking thousands of beta fish and increasing the numbers
of breeding migratory birds. However, a lack of reinvestment
due to the fact that the account is not able to collect
interest diminishes the value of the program. This bill would
correct that.
I believe these three straightforward bills would provide
the Federal Government with additional tools to bolster drought
resiliency, improve water supply reliability, and help restore
our imperiled ecosystems across California and the West, and I
want to thank you, Mr. Chair, for your generous consideration
of these items.
Senator Wyden. Thank you, Senator Padilla.
Here is what we will do at this point. We will recognize
Senator Bennet. Then, we will recognize Senator Fischer, and we
will give you the opportunity to be excused after your remarks.
Then, we will have Commissioner Touton come on up.
Senator Bennet, welcome.
OPENING STATEMENT OF HON. MICHAEL F. BENNET,
U.S. SENATOR FROM COLORADO
Senator Bennet. Thank you, Chairman Wyden. It's great to be
here with my neighbor, Senator Fischer, and good to be with you
and Ranking Member Risch. Thank you very much for holding this
hearing, the members of the Subcommittee and especially my
colleague, John Hickenlooper from Colorado, to talk in part
about a bill we introduced yesterday called the Finish the
Arkansas Valley Conduit Act. And I am hopeful that the
influence that the Senator from Colorado has on this Committee
will translate into broad bipartisan support----
Senator Wyden. It always translates.
Senator Bennet [continuing]. For this bill. Thank you.
And I also would like to recognize and thank the Honorable
Camille Touton, the Commissioner of the Bureau of Reclamation,
who is here today, also as a witness. As both Senator Padilla
and Senator Hickenlooper have said, she has been a champion--
champion--in our shared fight between the Upper Basin and the
Lower Basin to deliver clean water throughout the region, and I
am grateful for her steadfast leadership on that issue and for
being able to put up with all of us.
I want to just spend a minute on why this bill matters so
much to farmers and ranchers in southeastern Colorado. By the
way, I share Senator Risch's views about how we should think
about the water projects that we have got and why this deserves
the Committee's bipartisan support.
Over 60 years ago, President Kennedy came to Pueblo and
promised to build the Arkansas Valley Conduit. The Arkansas
Valley Conduit is the last component of the Fryingpan-Arkansas
Project, a federal water diversion and storage project in the
Lower Arkansas Valley, which Congress approved in 1962. When
finally constructed, after all these decades later, the conduit
will deliver, for the first time, clean drinking water from the
Pueblo Reservoir to farmers and ranchers and rural communities
in the Arkansas River Valley. Because of federal investment and
the strong support of Commissioner Touton, the Arkansas Valley
Conduit finally broke ground after 60 years, just in the last
year or so. These rural communities currently rely upon
groundwater, and many of them are facing water contamination
from naturally occurring radioactive elements. The conduit will
deliver water for some communities that have fewer than a
thousand residents, who primarily use the water for their farms
and ranches.
Since 2019, the total project cost estimates have nearly
doubled. As labor and material costs go up, the project slips
further and further behind on completion. These rural
communities are already on the hook, as they should be, for a
significant cost share, and will struggle to repay the Federal
Government as costs continue to rise. It is important to
relieve the burden of interest payments so these underserved
communities can make good on their part of the cost-sharing
agreement that is part of this proposal.
Since I came to the Senate, as Senator Hickenlooper said, I
have fought for the federal funding that rural Colorado needs
to complete this project, alongside with both Senator Gardner
before him, and Senator Hickenlooper since he arrived in the
Senate. It has been a bipartisan effort all the way along that
included Representatives Buck and Tipton from the House of
Representatives. To finish the Arkansas Valley Conduit Act will
eliminate interest payments on all non-federal cost-share funds
that extend the repayment period from 50 to 100 years to ensure
that these rural communities can finish this project once and
for all and pay back the Federal Government. Farmers and
ranchers in southeastern Colorado need Congress's help to get
this project across the finish line and access, for the first
time, clean, safe water for their families, for their crops,
and for their livestock.
I have come with letters and testimony from the State of
Colorado and the Southeastern Colorado Water Conservancy
District, all supporting the bill. Mr. Chairman, I would ask
unanimous consent that these letters be entered into the
hearing record.
Senator Wyden. Without objection, so ordered.
[Letters of support for Finish the Arkansas Valley Conduit
Act follow:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Bennet. Thank you, Mr. Chairman.
I hope this common-sense bill will earn a strong bipartisan
vote in this Committee at the end of the day and find its way
to the floor. Thank you very much for your time and thank you,
Senator Fischer for your indulgence.
Senator Wyden. Thank you, Senator Bennet.
Senator Fischer, welcome.
OPENING STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Mr. Chairman, and thank you,
Ranking Member Risch for holding this hearing today and
including my legislation, S. 4347, the Swanson and Hugh Butler
Reservoirs Land Conveyances Act, on the agenda. I, too, would
like to thank the Commissioner for working so well with my
office on this legislation and also with my local stakeholders
in these affected counties.
I have worked alongside Hitchcock and Frontier County
Commissioners, the concessionaires, impacted community members,
and the Bureau of Reclamation on this legislation to allow 77.2
acres of land around the Swanson and Hugh Butler Reservoirs to
be conveyed at fair market value to the counties. Transferring
this land to the local counties will chart a better path for
the local community and also to the Federal Government. This
will allow community members to continue to enjoy the
reservoirs and preserve numerous small businesses that operate
in that area. Since introducing the legislation, I have heard
from over 1,000 constituents and have received numerous letters
of support from local businesses. Action on this legislation is
urgent, as the Bureau of Reclamation's extended concession
contracts expire in February 2025 and some community members
face being displaced due to the Bureau's plan to end private,
exclusive use at the reservoir. Hitchcock and Frontier counties
are committed to ensuring continued public access to the
reservoirs and providing effective management that is
responsive to our local communities.
A number of the county commissioners, community members,
and concessionaires traveled from Nebraska to be here today, a
testament to the importance of getting this legislation signed
into law and their commitment to providing effective management
of the land. I am also glad the entire Nebraska Congressional
delegation, as well as Members of Congress from Kansas, have
joined me on this legislation. Just yesterday, the House
Natural Resources Committee also held a hearing on companion
legislation. I strongly support the full Committee taking up
and passing S. 4347, the Swanson and Hugh Butler Reservoir
Conveyance Act, swiftly so that this legislation can become law
this year. I look forward to working with my colleagues to get
this legislation signed into law.
Thank you, Mr. Chairman.
Senator Wyden. Thank you, Senator Fischer. We will be
working with you, and I like your underlying optimism that it
should be done this year.
Senator Fischer. I know you can do it, sir. Thank you.
Senator Wyden. There's no question that the people up here
want to do it this year.
Okay, we will excuse you at this time.
We welcome you, Commissioner Touton. Thank you for your
patience. And Commissioner, I believe what we decided that made
sense all around is, we will recognize you for your opening
remarks and then we will have some questions at that point,
okay?
Welcome.
Thank you also for being responsive to us.
Ms. Touton. Absolutely.
Senator Wyden. Please go ahead.
OPENING STATEMENT OF HON. CAMILLE C. TOUTON, COMMISSIONER, U.S.
DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION
Ms. Touton. Good afternoon, Chair Wyden, Ranking Member
Risch, and members of the Subcommittee. I am Camille Calimlim
Touton, the Commissioner for the Bureau of Reclamation. Thank
you for the opportunity to update you on activities and provide
the Administration's views on the legislation before you today.
Reclamation's mission is rooted in delivering water and
producing hydropower. The legislation today helps to provide us
with tools that allow us to meet our mission, serve the
American West, and ensure that communities have sustainable
water supplies today and into the future. Key to that mission
is our ongoing work to address the drought in the Colorado
River Basin. To assist Reclamation in those efforts, the
Administration has invested more than $4.2 billion through
President Biden's Investing in America Agenda across 566
projects in seven Colorado River Basin states that increase
water storage, increase water recycling and desalination,
improve system efficiency, and repair aging infrastructure.
Several of the bills provide us with additional tools to be
successful on the Colorado River.
Senator Sinema's Help Hoover Dam Act and Senator Padilla's
Multi-Species Conservation Program bill offer practical
solutions to better use existing resources. The Help Hoover Act
allows Reclamation to access unused funds, totaling
approximately $48 million collected since 2000, to support
ongoing operations and maintenance of critical infrastructure.
Over the next five years, current estimates are that Hoover Dam
will require $110 million in major plant investment over and
above routine operation and maintenance. S. 4016 allows funding
that has already been collected to be used to stabilize future
hydropower rates without deferring the important major plant
investments. The MSCP Amendment Act authorizes the
establishment of an interest-bearing account for over $70
million of already received funds and will reduce the need for
future federal appropriations to support balancing the needs of
water and power users and the ecosystem. The habitat created by
this program is showing great success for this species.
Senator Lee's bill addresses the implementation of
Reclamation's action to protect the humpback chub and other
native species through the Grand Canyon. This will require the
Western Area Power Administration to use funds from the Basin
Fund to replace power that would have otherwise been generated.
We appreciate Senator Lee's commitment to this issue and look
forward to continuing to work together on a sustainable path.
We also want to highlight that the initial results of this
year's long-term experimental management plan operations have
been successful. Senator Hickenlooper's System Conservation
Extension Act provides Reclamation with two additional years to
our efforts that have demonstrated that voluntary compensated
water conservation projects can conserve water for the Colorado
River system to mitigate the impacts of drought. Since 2015, we
have conserved more than 148,000 acre-feet, and this
legislation provides the Upper Basin with the authority to
continue these activities. The Department supports system
conservation program activities in the Colorado River Basin and
recommends that such activities should be continued.
In California, in the Central Valley Project, Senator
Padilla's San Joaquin River Restoration Program Reauthorization
Act would increase the authorization of appropriations from
$250 million to $750 million for this important program. The
San Joaquin River Restoration Program is an illustration on how
we can continue to manage water resources throughout the state
in an environmentally sound manner while maintaining a water
supply. Reclamation supports the goals of this legislation, as
additional funding, along with continued matching funding from
the State of California, is necessary to meet the goals of the
program. The legislation also allows us to continue our work in
the Valley and implementing a south-of-delta drought plan.
Senator Padilla's Sacramento River Act has two separate and
broad-ranging goals that would be applicable to Reclamation
projects across the West. Given the complexity of the projects,
Reclamation would like to better understand the impacts of this
legislation west-wide and work to ensure the authorities are
implementable, effective, and would achieve intended goals.
Access to clean drinking water is critically important to
sustaining life and livelihoods. Reclamation is improving
access to drinking water through more than $800 million
allocated to the Rural Water Program, $290 million for the
Arkansas Valley Conduit through the Bipartisan Infrastructure
Law, and $82 million for domestic water supply projects for the
WaterSMART program over the past few years. And to further this
work, Senator Hoeven's Dakota Water Resources Act Amendments of
2024 Senator Bennet's Arkansas Valley Conduit legislation, and
Senator Rounds's Rural Water Supply Program Reauthorization,
all demonstrate a commitment to providing safe, reliable
resources of drinking water to all Americans. We are pleased to
support the goals of these three bills.
Senator Lujan's WaterSMART Access for Tribes Act responds
to tribes, state, and local stakeholders to reduce the barriers
and provide assistance for communities to better access
Reclamation's programs. These programs are proven and
successful, with 958 projects, with over $1.4 billion in
WaterSMART funding since January 2021. Senator Hickenlooper and
Senator Lummis's Drought Preparedness Act would extend the
authorities set to expire at the end of 2024. We are happy to
support these bills.
Senator Fischer's Swanson and Hugh Butler Reservoir Land
Conveyance bills respond to local partners' interests in
managing public lands for recreation purposes, and Senator
Hickenlooper's Water Project Navigator Act seeks to expand the
pool of potential applicants to successful Reclamation programs
that work diligently to support tribal and disadvantaged
communities.
Mr. Chairman, Ranking Member, Members of the Committee, and
professional staff, thank you for the opportunity to be here
today and for the trust that you have placed in the Bureau of
Reclamation. We do not take that trust for granted. We
recognize that it is earned and we are proud of our ability to
have met our mission in a challenging time in this organization
and more. It is a privilege to serve as the Commissioner of
Reclamation. I am happy to answer your questions.
[The prepared statement of Ms. Touton follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Wyden. Thank you, Commissioner, and as I say, thank
you for always being willing to sit with us and go through
this.
As you have heard me say, not just today, but in the past,
what I hear from tribes and rural communities is, they just
feel that they are engulfed in red tape and bureaucracy, and
there are all these processes in terms of deciding who is this
and who is that, and I get all that because there has to be
accountability and transparency. I get all that. But tell me
what can be done to fast-track the remaining money, in effect,
from the IRA to these communities, because they just come to
me, and I will let my colleagues speak for themselves. And I
know that nobody gets up in the morning in Washington, DC, at
your agency--especially not you--and says, hey, I want to be
rotten to all these little communities in the West. Quite the
opposite. I know you are very dedicated to them. We still have
the reality that they just feel like they are just engulfed
almost in all this red tape and delay and the hoops to try to
get considered.
I mean, is it possible, for example, to get the remaining
money out in 90 days? I mean, what can be done to actually make
sure this is sped up?
Ms. Touton. Senator, I agree with you that process should
not stand in the way of access to clean water. There are
several things that we have done since we last spoke. First, we
created a notice of funding opportunity under WaterSMART
specifically designated for disadvantaged communities and
tribes. That was $88 million. As part of this process, too,
what we have allowed is the ability that if you aren't
successful, to reach out to us to do a hotwash so we can tell
you where in your application you can improve, and so that when
we see people do that with us, they have better success rates
moving forward.
I also hear you in saying we need to work with our partners
in other agencies. One thing we did is sign an MOU with the
Indian Health Service to partner with them on their domestic
water supply for tribes and bring our engineering technical
capabilities and use our funds that you all gave us as
effectively as possible. We are also working with USDA on our
ability to partner on more--water-thrifty crops is what we are
calling it. We can always do more, but part of it is the
ability for these constituents and our partners to know what we
are doing. So, tomorrow we will be holding our 13th Bipartisan
Infrastructure Law stakeholder meeting. That is virtual, but we
have also offered to go state by state, water district by water
district, so we can walk through these programs. The people
that work for us are in the communities we serve, and we will
always be willing to do more, Senator, and we are happy to
learn how we can do that.
Senator Wyden. It sounds plenty constructive to me, and I
appreciate that. Can we look at a target date in getting this
money out in 90 days?
Ms. Touton. I will work with you on that.
Senator Wyden. Okay.
Ms. Touton. I will say that----
Senator Wyden. Fair enough.
Ms. Touton. Thank you.
Senator Wyden. Fair enough. I will quit while I am ahead.
[Laughter.]
Senator Wyden. Commissioner, one last question. I know my
colleagues have questions as well. We have asked you some
questions about the Klamath Basin, which, as you know, has a
lot of history, particularly in terms of droughts. And you
provided testimony on our Klamath Power and Facilities
Agreement Support Act. As you know, Senator Merkley and I feel
very strongly about that, and we have been working closely with
you on it. Can you update us on your efforts to try to talk
about the projects for the Klamath Basin that are coming out?
Ms. Touton. Thank you for that, Senator. There is not a
week that we don't talk about the Klamath project in our
office.
Senator Wyden. Good.
Ms. Touton. So, when we started this water year, we had a
pretty decent allocation--a little over a quarter million acre-
feet for the project. It got hot in July. We are working
through those deliveries for the rest of the year. But as part
of that, we were able to provide $8.5 million to the Drought
Relief Assistance Act legislation that you helped for us to
have, as well as $5 million for technical assistance to tribes.
But what we need to be able to talk about is not year-by-year.
How do we talk about longer into the future? And so, with the
resources that you provided us that we will expeditiously
allocate, part of that conversation is how we deploy those in
the Klamath Basin for longer-term solutions.
Senator Wyden. Good.
Senator Cortez Masto.
Senator Cortez Masto. Thank you, Mr. Chair.
Commissioner, it's great to see you.
Ms. Touton. It's nice to see you too, Senator.
Senator Cortez Masto. And I have to say thank you for all
the great work that you are doing, particularly in Nevada
around the water issues. I also support three of the bills that
are before us--the WaterSMART Access, the Help Hoover Dam Act,
and the Lower Colorado River Multi-Species Conservation
Program. Thank you for supporting those bills.
My question is going to be similar to what is happening
along the Colorado River, and will focus on a little bit of
that. As you well know, the Colorado River operating guidelines
expire at the end of 2026. So, a couple of things: one, can you
provide us with an update on the status of the negotiations
around those guidelines? And then also, if you would follow
that with next steps will you take if the states don't find
some sort of consensus around this time frame?
Ms. Touton. Thank you for that question, Senator.
First, I need to remind us where we were two years ago.
Lake Mead hit the lowest level since filling in 1937. Today,
because of the leadership of this Committee and our ability to
deploy resources, we are 20 feet higher at Lake Mead, 40 feet
higher at Glen Canyon Dam, and we have used less water.
Southern Nevada, especially Las Vegas, is an example of that,
where they have used 187,000 acre-feet in 2023 of consumptive
use of their 300,000 acre-foot allocation. So, in the two-
years, we have shown a proof-of-concept that we can save a
rainy day, we can conserve water, and we can still have vibrant
communities.
Moving forward, we need an operating plan in place in less
than two years. I am confident in the conversations that we are
having with the Basin states and the tribes. We have a federal
tribes meeting on Friday. And they are all very motivated about
the timeline, knowing that we need an operating plan by August
2026 to be in place by January 2027. So people are at the
table. We are moving forward. And I will keep moving them
forward with your support.
Senator Cortez Masto. And you have it.
So, let me just say this, because I know this is an ongoing
negotiation and I appreciate that. And I appreciate everybody
that's at the table and I think for purposes of several of the
Senators that continue to monitor this and what is happening,
we are hopeful that that continues as well. And I have to give
credit to my colleague, Senator Hickenlooper. He really has
been the one to kind of bring all of the Senators together in
the Basin states to continue to focus on this issue. So, I
thank you, because it's so important.
One final thing--let me ask you, in the Bipartisan
Infrastructure bill, Susie Lee and I fought for additional
funding to support a large-scale water recycling program. Susie
Lee is the Congresswoman from Nevada. And this really was
focused on how we can get California and Nevada to do some
large-scale recycling. Can you give us an update on where we
are with that project?
Ms. Touton. Thank you for that authorization. We put it to
work. We were able to announce $189 million for five projects--
four in California and one in Utah--earlier this spring. One
being the Pure Water project in Southern California, which is a
partnership with the Metropolitan Water District of California,
the Southern Nevada Water Authority, and the Central Arizona
Project. And we look forward to obligating the remainder of
that funding.
Senator Cortez Masto. Thank you.
And the importance of those projects can't be
underestimated. It really is bringing essential water and
keeping water in the Colorado Basin, and it is bringing
essential water to households in Nevada and California and
other areas. Conservation is part of the--is the key to some of
addressing the drought----
Ms. Touton. Absolutely.
Senator Cortez Masto [continuing]. That we need in the
water uses for the future.
Ms. Touton. That Pure Water project is enough water for
half a million homes annually.
Senator Cortez Masto. Yes, thank you.
Commissioner, thank you for being here.
Ms. Touton. Thank you.
Senator Wyden. The praise is flowing fast and furious for
Senator Hickenlooper, so please proceed. Senator Hoeven, to his
undying thoughtfulness, said you and Senator Padilla will go
next and then he will come.
Senator Hickenlooper. Is there no limit to grace?
Senator Hoeven. I owe Hickenlooper anyway.
[Laughter.]
Senator Hoeven. This doesn't even come close.
[Laughter.]
Senator Hickenlooper. You are going to start rumors.
Senator Wyden. Now, if we start, I will go collecting on
several things over the years too.
Senator Hickenlooper.
Senator Hickenlooper. Thank you, Mr. Chair, and thank you,
Camille--Commissioner Touton.
Your commitment and dedication to all these issues with so
much going on in such a time of incredible change really is
remarkable, and don't think for a moment that we don't all
appreciate it. We have seen more than two decades of pretty
continuous drought on the Colorado River. And you have
already--the several bills I am going to mention here, you have
already enthusiastically embraced. So I won't be too prying or
demanding. We worked with Senator Barrasso and then Senators
Lummis and Romney and Bennet on the System Conservation Pilot,
to extend that. Obviously, we have learned lessons from the
past couple of years on that. Can you talk a little bit about
those lessons, or steps you want to make sure we see?
Ms. Touton. Absolutely. First, I want to commend my
partners with the Upper Colorado River Commission--the four
commissioners in the Upper Basin--for the leadership in
implementing this program. Over the past two years, we have
been able to show a proof of concept of what is possible today
so that it could be a practice that we can continue into the
future. And so, just being able to show what can be and is
possible is value enough to be able to say we can do this into
the future----
Senator Hickenlooper. Yes, absolutely.
Ms. Touton [continuing]. And in a voluntary way, is what is
important.
Senator Hickenlooper. Scary thought.
Senator Bennet already talked at some length about the
Arkansas Valley Conduit, the AVC program that President Kennedy
first promised. People in the Arkansas Valley have been waiting
for over 60 years to get clean water. And it's 50,000 people
spread over about 35 miles of length of the Arkansas where they
are, once we get this done, who are going to have fresh water
for the first time, really, in their lives, for many of them.
The wells have been polluted for a long time, so many of them
are trucking water in. You and your team have been great
working on this and I guess I just want to make sure to
reiterate on the record your commitment to keep working with us
on this, to make sure that we can continue to make the progress
we have made.
Ms. Touton. I was so happy to join you and Senator Bennet
at the groundbreaking. Since then, we are nearing completion on
Boone Reach 1. We have started Boone Reach 2. I know we like
shovel events, but I am committed to a ribbon-cutting when we
complete this.
[Laughter.]
Senator Hickenlooper. That's the spirit.
You know, Senator Moran and I worked on this Water Project
Navigators Act, and I wasn't crazy about the name because it
makes it sound like we're going to dredge, you know, going to
have navigable Platte River and Colorado River for great
lengths. It's really about making sure that communities can
navigate through the bureaucracy, make their applications to
WaterSMART. Many of the smaller communities and tribes--the
rural communities--haven't had that access. And I think Senator
Moran and I are both very excited about being able to provide
on-the-ground capacity for benefits for water in the
communities, for the economy, and for the environment. And you
obviously supported that. Do you see any problems coming down
the road for that?
Ms. Touton. I think what we need to work through in the
conversation with the Chairman and others is, first, let us
show you what we can do, and I think those tools are there. And
then, have the conversation with you on the Navigators Act on
how we can use these additional tools----
Senator Hickenlooper. Right.
Ms. Touton [continuing]. To complement each other. The
ability to have more people access these resources is a good
one.
Senator Hickenlooper. Right.
Ms. Touton. And I look forward to working with you on that.
Senator Hickenlooper. So you are suggesting that we work
together. That's kind of a strange concept. Just kidding. Thank
you. I appreciate that.
And then last, the work that Senator Lummis and Senator
Wyden have done to reauthorize their Reclamation States
Emergency Drought Relief Act, as well as the programs at U.S.
Geological Survey, and you know, stream flow, groundwater
monitoring. And I realize that your agency isn't in control of
these networks. So, can you speak to the value of making sure
we get consistent water data for your reservoirs and your
programs?
Ms. Touton. Real-time data and data allows for better-
informed decisions. My favorite gauge is the Lees Ferry gauge,
since you are asking.
[Laughter.]
Senator Hickenlooper. I won't go any further.
Thank you, Commissioner. Thank you, Mr. Chair.
Ms. Touton. Good to see you, Senator. Thank you.
Senator Wyden. Thank you, Senator.
Senator Padilla.
Senator Padilla. Thank you, Mr. Chair.
Continuing the chorus of praise for Commissioner Touton and
her leadership with all the Colorado River states--much, much
appreciated. Keep us posted, as you do so well, and however we
can continue to support your efforts and events, that
collaboration and thoughtfulness.
Speaking of the Colorado River, one specific item relative
to the legislation I previewed earlier in my remarks--just
asking if you can spend a minute talking about the importance
of the Lower Colorado River Multi-Species Conservation Program,
and specifically, how the ability to collect interest on these
funds for the program would increase the money available to do
more of the good work?
Ms. Touton. Thank you, Senator. The Multi-Species Habitat
Conservation Plan is important in that it allows us compliance
for our water power deliveries, and it helps us to enhance the
ecosystem. That money is already sitting there, so we should
put it to work. And our ability to put that money to work means
more yellow-billed cuckoos, like the one you have there, and
you know, we announced--it makes a sound, Senator, just warning
you--and we announced $25 million for those efforts at MSCP at
Topock Marsh and Yuma East Wetlands. This year we saw, for the
first time in a long time, nesting for the willow flycatcher.
So it's a success. And we are proud of it.
Senator Padilla. Thank you, and a without objection to
submit for the record?
[Bird call plays.]
Senator Wyden. I was just going to say, there we are.
[Photograph of toy bird, ``Yazmin, the Yellow-billed
Cuckoo'' follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Padilla. Turning now, thank you.
Senator Wyden. Senator Hoeven is going to bring out his
woodpeckers, apparently.
[Laughter.]
Senator Padilla. Commissioner, thank you for the souvenir.
Ms. Touton. Thank you for the legislation.
Senator Padilla. Let me ask you for your comments on a
different bill that I previewed as well, on the San Joaquin
River, and specifically, the River Restoration Program. I
appreciate your support on it. I wanted to, just for the
record, ask you to discuss what Reclamation would be able to do
with additional funds to implement the program.
Ms. Touton. The San Joaquin Restoration Program is a
critically important program that we implement. It allows for
the restoration of habitat for anadromous species. That is
where the priority of the money will go, is for specifically
the Mendota Pool and Reach 2B. It allows us, again, to restore
an ecosystem and help with water reliability.
Senator Padilla. And I know you have shared, not just with
me, but all the stakeholders, how this program is a great
example of how we can both manage water resources in California
in an environmentally friendly manner while maintaining a
reliable water supply. They are not at odds. These are co-equal
goals. How would increasing the authorization of appropriations
on the program help increase the reliability of water
operations, particularly in the Friant division of the Central
Valley Project?
Ms. Touton. Being able to build this project now will have
immediate benefits to the species, and allowing us to do that
then will allow for reliability efforts for deliveries for the
Friant Water Authority. I am pleased to be joined here by the
General Manager of the Friant Water Authority, and we are
really excited about this support, including from the State of
California, in cost sharing.
Senator Padilla. And on that note, I was going to ask how
unique and important is a partnership with the states----
Ms. Touton. It is.
Senator Padilla [continuing]. And particularly the one-to-
one, non-federal match for this?
Ms. Touton. Yes, Senator, thank you.
Senator Padilla. That's a big thumbs up then.
Then lastly, the third of my bills, the Sacramento River
Act, specifically Section 2 of the bill. During your time as
Commissioner, I have seen firsthand how your efforts have been
successful to bring stakeholders together, even when it seems
like they have opposing interests, from agriculture to water
contractors, NGOs, tribes, communities, and others, not to
mention the seven Colorado River Basin States, 30 Basin tribes,
and Mexico, when it comes to those negotiations. I have to tell
you, one of the highlights, particularly on water, for me in my
time in the Senate has been to join you at the historic water
agreement signing earlier this year impacting Central Valley
water users. You have also supported the Floodplain Forward
collaborative efforts that I mentioned among landowners,
growers, water suppliers, conservation organizations, and
government entities to protect the ecology of the area. Can you
just share with us what your approach is, because it's the same
approach I have seen in the Central Valley, that I have seen
with the Colorado River states, and I imagine you are deploying
elsewhere. What is Commissioner Touton's secret sauce here?
Ms. Touton. The solutions are roots-up. Massively organic
and roots-up, and wherever the Federal Government can partner,
especially with resources, is where we find success. You
mentioned the south-of-delta drought plan. It allows for
operational flexibility, it allows for upgrading
infrastructure, and it allows for saving a little bit of that
water when we absolutely need it. And it supports the San
Joaquin Restoration Program. So wherever we can do that,
whether it's in the Sacramento Valley, the Deschutes Basin, or
other places, we will do that every time.
Senator Padilla. What else do you need from us?
Ms. Touton. Thank you for your support, Senator.
Senator Padilla. Thank you, Mr. Chair.
Senator Wyden. It doesn't get better than that. Thank you
for your support.
Senator Hoeven.
Senator Hoeven. Thank you, Mr. Chairman. Thanks for holding
this hearing today and for including Senate bill 4996, which is
my bill regarding the Dakota Water Resources Act, and also, of
course, thank you to Commissioner Touton. Thanks for being out
in North Dakota and for your incredibly important work on this
bill. As you know, it's a big deal for us, and having come out
several times to our state and helping us craft it. Also, it's
bipartisan, and I want to thank Senator Padilla for your
support of this legislation, and I am pleased to work with you
on this and on your legislation as well. So, thank you for that
bipartisan support.
I have, Mr. Chairman, letters here from the State of North
Dakota, from the Garrison Diversion, from the Lake Agassiz
Water Authority, from North Dakota Rural Water, as well as
letters of support from the tribal nations in our state,
including the Three Affiliated Tribes, which is Mandan,
Hidatsa, and Arikara Nation, the Standing Rock Sioux Tribe, the
Turtle Mountain Band of Chippewa, as well as the Spirit Lake
Tribe and the Sisseton-Wahpeton Oyate Tribe. And I would ask
that these letters of support for this legislation be included
in the record.
Senator Wyden. Without objection, so ordered.
[Letters of support for S. 4996 follow:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Hoeven. Thank you, Mr. Chair.
Commissioner Touton, again, having been out to our state on
multiple occasions, and I do commend you for that, and
obviously you are getting to these other states as well, and I
think that says a lot about your commitment to do this job and
do it well and do it from a position of knowing what you are
working on, and getting out there, and actually seeing these
projects makes such an incredible difference. And so, when we
talk to you about the Northwest Area Water Supply (NAWS) and
how we have been working on that for, you know, for more than
20 years, and we are getting very close to fruition, but you
have actually been out to Garrison Dam on Lake Sakakawea and
seen what we are doing in terms of utilizing existing resources
that we have and that Reclamation has. And that's a win for the
Federal Government as well as for our state.
And of course, when we talk to you about it, it's one thing
you having actually been there and been down inside that
amazing construction project, not only the dam, but the pumping
plant and all these different things, is incredibly important
as well as when we talk about ENDAWS and you know, bringing
water to Eastern North Dakota and utilizing the federal
resources that have been constructed over the years, which are
not now being utilized, like the McClusky Canal, for example,
not only creates a revenue opportunity combining the dam and
these canals--not only provides a revenue opportunity for the
Federal Government, which is incredibly important, but it saves
our state a lot of money and benefits the tribes as well in
terms of these water projects. You get it. You have been there.
You have seen it. And you have been on both ends. You have been
out in western North Dakota. You have been in eastern North
Dakota and understand that it affects our entire state as well
as western Minnesota, too. So, your support for this project is
incredibly important.
I guess the only question, again, just to put it on the
record, is will you continue to work with me, our state, and
the tribes to do all we can to pass this legislation and to
pass it by the end of the year so we can ensure the
authorizations are in place for Fiscal Year 2025 funding?
Ms. Touton. Yes, and Senator, we didn't summer in North
Dakota this summer.
Senator Hoeven. I know.
Ms. Touton. So, just first, the ability to be able to see
the source and then to go to the people we will serve with this
project has always stayed with me to understand what this
means. So, yes, I look forward to working to continue this
project with you.
Senator Hoeven. And we still need to get you back when it
works because, as you know, we have another trip planned for
you, and to make some stops, including getting you out on some
of the lakes there, like we talked about.
Ms. Touton. Thank you, Senator. I look forward to it.
Senator Hoeven. Thank you.
Senator Wyden. Okay. My colleagues say they are done with
questions. I want to leave you with one thought. Listening to
you and my colleagues, it's clear that you are making very
strong efforts to carve out resources for these important
projects. That has never been the question, nor has your
sincerity and your professionalism ever been a question, you
know, for me. What I have been concerned about is fast-tracking
this and making it happen more quickly. So, let's do this--
apropos of my request to get the money out in 90 days--why
don't we say let's have you give us a report on where we are in
the next 90 days, and if you have any suggestions or ideas for
fast-tracking this, I would really like to see that. That would
be a legacy for this Committee. Having done this for a while,
very often the challenge is to get beyond some of the
traditional ways of doing business and speed things up. I find,
once in a while, somebody gets up in Washington, DC, and
basically says, I don't want to do this, period, I don't care
for them. That's not usually the case. But I think they do get
up and find they are almost muscle-bound by these kinds of
rules. And there's a lot of money left in that IRA program. And
these are rural communities and tribal communities and they are
hard-hit, and water is not an abstract issue. This is life and
death and community well-being.
So, why don't we assume that after a passionate argument
about this whole thing--kidding aside--we would like to see if
we can speed this up. Let's have a report in 90 days with
respect to where we are and any ideas, some of which may
require legislation, which I would be happy to work with you
on. And consider that the next step.
So, I thank my colleagues for their cooperation. For the
record, members will have until the close of business tomorrow
to submit additional questions for the record.
And Ms. Touton, let me repeat, again, you have always
cooperated with us. It has been a pleasure to work with you.
And with that, the Committee is adjourned.
[Whereupon, at 3:33 p.m., the hearing was adjourned.]
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