[House Hearing, 119 Congress]
[From the U.S. Government Publishing Office]
ADVANCING FEDERAL WATER AND
HYDROPOWER DEVELOPMENT:.
A STAKEHOLDER'S PERSPECTIVE
=======================================================================
OVERSIGHT HEARING
before the
SUBCOMMITTEE ON WATER, WILDLIFE AND FISHERIES
of the
COMMITTEE ON NATURAL RESOURCES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED NINETEENTH CONGRESS
FIRST SESSION
__________
Wednesday, April 30, 2025
__________
Serial No. 119-21
__________
Printed for the use of the Committee on Natural Resources
Available via the World Wide Web: http://www.govinfo.gov
or
Committee address: http://naturalresources.house.gov
COMMITTEE ON NATURAL RESOURCES
BRUCE WESTERMAN, AR, Chairman
ROBERT J. WITTMAN, VA, Vice Chairman
JARED HUFFMAN, CA, Ranking Member
Robert J. Wittman, VA,
Tom McClintock, CA Joe Neguse, CO
Paul A. Gosar, AZ Teresa Leger Fernandez, NM
Aumua Amata C. Radewagen, AS Melanie Stansbury, NM
Doug LaMalfa, CA Val Hoyle, OR
Daniel Webster, FL Seth Magaziner, RI
Russ Fulcher, ID Jared Golden, ME
Pete Stauber, MN Dave Min, CA
Tom Tiffany, WI Maxine Dexter, OR
Lauren Boebert, CO Pablo Jose Hernandez, PR
Cliff Bentz, OR Emily Randall, WA
Jen Kiggans, VA Yassamin Ansari, AZ
Wesley P. Hunt, TX Sarah Elfreth, MD
Mike Collins, GA Adam Gray, CA
Harriet M. Hageman, WY Luz Rivas, CA
Mark Amodei, NV Nydia Velazquez, NY
Tim Walberg, MI Debbie Dingell, MI
Mike Ezell, MS Darren Soto, FL
Celest Maloy, Utah Julia Brownley, CA
Addison McDowell, NC Vacancy
Jeff Crank, CO
Nick Begich, AK
Jeff Hurd, CO
Mike Kennedy, UT
Vivian Moeglein, Staff Director
William David, Chief Counsel
Ana Unruh Cohen, Democratic Staff Director
http://naturalresources.house.gov
------
SUBCOMMITTEE ON WATER, WILDLIFE AND FISHERIES
HARRIET M. HAGEMAN, WY, Chair
MIKE EZELL, MS, Vice Chair
VAL T. HOYLE, OR, Ranking Member
Robert J. Wittman, VA Seth Magaziner, RI
Tom McClintock, CA Debbie Dingell, MI
Aumua Amata C. Radewagen, AS Melanie A. Stansbury, NM
Doug LaMalfa, CA Jared Golden, ME
Daniel Webster, FL Dave Min, CA
Lauren Boebert, CO Sarah Elfreth, MD
Cliff Bentz, OR Adam Gray, CA
Jen Kiggans, VA Luz Rivas, CA
Tim Walberg, MI Darren Soto, FL
Mike Ezell, MS Julia Brownley, CA
Celeste Maloy, UT Joe Neguse, CO
Addison McDowell, NC Jared Huffman, CA, ex officio
Jeff Crank, CO
Bruce Westerman, AR, ex officio
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CONTENTS
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Page
Hearing Memo..................................................... v
Hearing held on Wednesday, April 30, 2025........................ 1
Statement of Members:
Hoyle, Hon. Val, a Representative in Congress from the State
of Oregon.................................................. 1
Hageman, Hon. Harriet, a Representative in Congress from the
State of Wyoming........................................... 2
Huffman, Hon. Jared, a Representative in Congress from the
State of California........................................ 4
Statement of Witnesses:
Webb, Jim, President and CEO, Lower Valley Energy, Afton,
Wyoming.................................................... 6
Prepared statement of.................................... 7
Bushman, Michelle, Deputy Director and General Counsel,
Western States Water Council, Murray, Utah................. 10
Prepared statement of.................................... 12
Haswell, Jonathan, Chief Business Officer, Oceanwell LLC,
Woodside, California....................................... 22
Prepared statement of.................................... 24
Sigl, Patrick, Director of Water and Natural Resources Law,
Salt River Project, Phoenix, Arizona....................... 27
Prepared statement of.................................... 28
Questions submitted for the record....................... 34
Additional Materials Submitted for the Record:
Submissions for the Record by Representative Bentz
Prepared Statement of Michael Purdie, Director of
Regulatory Affairs and Markets, on behalf of the
National Hydropower Association........................ 52
Submissions for the Record by Representative Hoyle
American Whitewater, Letter.............................. 53
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
To: House Committee on Natural Resources Republican Members
From: Water, Wildlife and Fisheries Subcommittee staff: Annick
Miller, ([email protected]), Doug Levine
(doug.levine@mail. house.gov), Kirby Struhar
([email protected]), and Thomas Shipman
([email protected]) x58331
Date: April 28, 2025
Subject: Oversight Hearing on ``Advancing Federal Water and
Hydropower Development: A Stakeholder's Perspective''
________________________________________________________________________
_______
The Subcommittee on Water, Wildlife and Fisheries will hold an
oversight hearing titled ``Advancing Federal Water and Hydropower
Development: A Stakeholder's Perspective'' on Wednesday, April 30,
2025, at 10 a.m. (EDT) in 1324 Longworth House Office Building.
Member offices are requested to notify Jackson Renfro
(jackson.renfro @mail.house.gov) by 4:30 p.m. on Tuesday, April 29,
2025, if their Member intends to participate in the hearing.
I. KEY MESSAGES
Congressional Republicans have made modernizing federal
water infrastructure a priority of the 118th and 119th
Congresses.
America's first renewable electricity source, hydropower,
has been providing flexible, low-cost, and emission-free,
baseload, renewable energy for more than 100 years.
For generations, water resources projects have delivered
multiple benefits to humans, fish, and wildlife.
Examining the regulatory challenges that this
infrastructure faces due to laws like the Endangered
Species Act (ESA), the Marine Mammal Protection Act (MMPA),
and the National Environmental Policy Act (NEPA) will help
to inform solutions to safeguard this infrastructure, and
ensure it delivers to communities for years to come.
II. WITNESSES
Mr. Jim Webb, President and CEO, Lower Valley Energy,
Afton, Wyoming
Mr. Jonathan Haswell, Chief Business Officer, OceanWell
LLC, Woodside, California
Mr. Patrick Sigl, Director of Water and Natural Resources
Law, Salt River Project, Phoenix, Arizona
Ms. Michelle Bushman, Deputy Director and General Counsel,
Western States Water Council, Murray, Utah (Minority
witness)
III. BACKGROUND
Established in 1902, the U.S. Bureau of Reclamation (Reclamation)
manages federal water projects for agricultural activities, municipal
and industrial use, hydropower production, environmental purposes, and
flood control and recreation for millions of people in the 17 western
states.1 Through its 294 reservoirs, 490 dams, 53
hydroelectric power plants, and approximately 10,000 miles of canals,
Reclamation delivers 10 trillion gallons of water to millions of people
across the 17 western states and provides irrigation to 10 million
acres of farmland.2 Reclamation is the largest wholesale
supplier of water in the United States, and the second largest producer
of renewable, baseload, hydroelectric power, providing 14 percent of
the nation's hydroelectric capacity and generation.3
Status of Water Infrastructure
Reclamation operates more than 180 projects, varying in size,
scale, and scope.4 Most Reclamation projects were authorized
before 1970, and several critical components throughout the Reclamation
network are over 100 years old.
Aging Infrastructure
To address the challenges posed by Reclamation's aging
infrastructure, the Omnibus Public Land Management Act of 2009 (P.L.
111-11) authorized Reclamation to establish a process to inspect
project facilities,5 fund extraordinary maintenance (XM)
work, and execute contracts for extended repayment of the reimbursable
costs.6 Public Law 111-11 directed the Secretary of the
Interior, acting through the Commissioner of Reclamation, to develop
guidelines for the inspection of facilities ``which could pose a risk
to public safety or property damage if such project facilities were to
fail,'' 7 and directed Reclamation to use the data and
information gained from those inspections to provide recommendations to
the operators of transferred works, determine inspection frequency, and
provide additional information on potential risks to the areas
surrounding project facilities.8 The statute also gave
Reclamation the authority to provide technical assistance to the
operating entity of transferred works or projects whose control
Reclamation has transferred to a different entity.9
The statute also authorized Reclamation to receive congressional
appropriations for maintenance activities ``that the Secretary
determines to be reasonably required to preserve the structural safety
of the project facility.'' 10 Water users repay these funds
over a period up to 50 years.11 The Secretary, or the
operating entity in the case of transferred works, may ``carry out any
emergency extraordinary operation and maintenance work on a project
facility that the Secretary determines to be necessary to minimize the
risk of imminent harm to public health or safety, or property.''
12 For projects owned and operated by Reclamation, funding
to conduct this maintenance activity is allocated for the authorized
project purposes and is repaid within 50 years of when the maintenance
activity is complete.
This program was amended in 2020 when Congress established a
special account within the Department of the Treasury known as the
Aging Infrastructure Account to provide funds and the repayment of
funds to conduct this maintenance activity. Public Law 116-260
13 stated that projects eligible to receive funds under this
account are those that qualify as extraordinary operation and
maintenance, are classified as ``major, non-recurring maintenance of a
mission-critical asset,'' 14 or are projects that are
ineligible to be funded under the Reclamation Safety of Dams Act of
1978.15
P.L. 116-260 also established funding application guidelines,
including a description of the project, the funding level, non-federal
funding source, and the repayment period requested, among other
criteria.16
Dam Safety Program
In addition to Reclamation's aging infrastructure authorities, the
Reclamation Safety of Dams Act of 1978 (P.L. 95-578), which was later
amended through the Reclamation Safety of Dams Act Amendments of 1984
(P.L. 98-404), provided Reclamation with the authority to modify its
dams to ensure safety.17 This created Reclamation's Dam
Safety Program, which is comprised of two key components: the Safety of
Dams Evaluation and Modification Program and the Department of the
Interior (DOI) Dam Safety Program.18
Under these authorities, Reclamation takes several actions to
protect its dams. First, Reclamation conducts a Safety Evaluation of
Existing Dams (SEED).19 If an evaluation is conducted and
identifies a risk at a facility, Reclamation can begin a study of
potential corrective actions and alternatives.20 Once a
corrective action is identified, Reclamation submits a modification
report to the Office of Management and Budget (OMB), and Congress for
approval.21
By providing authorities and guidelines to Reclamation to examine
potential vulnerabilities and safety concerns with its infrastructure,
along with funding to make the necessary improvements and upgrades to
respond to these concerns, protecting the communities and interests
that rely on this infrastructure for water, power, and agriculture
across the western United States.
The Infrastructure Investment and Jobs Act (IIJA) provided $500
million for the Dam Safety Program and $3.2 billion for aging
infrastructure projects.22
Title Transfer
Title transfer plays an important role within Reclamation by
promoting local control and reducing the federal government's role in
local water management and decision-making. Many of the dams, canals,
and hydropower plants constructed by Reclamation since its
establishment in 1902 have had all or part of their responsibility for
operation, maintenance, and replacement transferred to local project
beneficiaries.23
In order for local management to be eligible for a title transfer,
the transferee must: demonstrate the technical and financial capability
to meet obligations; affirm that it has no plans to alter the
maintenance or operation of the facility; affirm that there are no
competing demands for the use of the facility; ensure that the transfer
would not impact other contractors, stakeholders, and tribes; commit to
abiding by existing contracts and agreements; assume all responsibility
to commitments and agreements; and submit to a public comment period to
address any ongoing issues within the facility.24
These transfers traditionally require Congressional approval.
However, the John D. Dingell Jr. Conservation, Management and
Recreation Act (P.L. 116-9) enacted on March 12, 2019, provided
Reclamation the authority to transfer titles of certain facilities
without separate and individual acts of Congress.25 However,
that bill did not give Reclamation the authority to transfer so called
``reserved works'' without Congressional action. A reserved work is
considered any infrastructure that is owned, operated, or maintained by
Reclamation. This Act enabled Reclamation to transfer certain federal
facilities provided that the transferee has completed payment of all
capital costs.26
Flexibility for transfers of Reclamation facilities allows for
efficient operation of federal water infrastructure. Since
Reclamation's first title transfer took place at the Rio Grande Project
in 1996, Reclamation has transferred or partially transferred a total
of 46 projects and facilities to local ownership.27
Promoting title transfer of Reclamation facilities to local ownership
was a priority of House Republicans in the 118th Congress. The Swanson
and Hugh Butler Reservoirs Land Conveyances Act (P.L. 118-185) was
signed into law on December 23, 2024,28 and provided for the
conveyance of Reclamation lands to Hitchcock and Frontier Counties in
Nebraska. This resolved a dispute between local vendors, the counties,
and Reclamation and ensured that local small businesses may continue to
operate on the transferred lands without impacting local water
management.29
Construction Authorities
Traditionally, Reclamation's role in water project development has
been limited to federally authorized water storage projects. For most
of these, Reclamation has initially funded 100% of the costs for
construction and has been repaid by project beneficiaries over a 40- to
50-year term.
Prior to 2016, Congress had not authorized significant new
Reclamation water storage and conveyance projects since the late 1970s.
In Section 4007 of the Water Infrastructure Improvements for the Nation
(WIIN) Act, Congress enacted a new construction authority for
Reclamation to build surface and groundwater storage and conveyance
projects.30
These provisions made significant changes to Reclamation's role in
developing water infrastructure projects. The WIIN Act authorized
maximum federal support of 50% of total costs for certain approved
federal water storage projects, as well as a maximum of 25% federal
support for approved non-federal surface and groundwater storage
projects. The WIIN Act authorities have expired, but funding is
available for qualifying projects approved before January 1, 2021.
Instead of reauthorizing the WIIN Act authorities, the Democrat-
controlled 117th Congress enacted the Infrastructure Investment and
Jobs Act (IIJA), which created a new authority for surface storage,
groundwater storage, and conveyance projects. While this authority is
not subject to any sunset, the language did not include the ability for
future projects to be eligible for feasibility studies or construction.
In effect, these authorities are unusable once the currently authorized
projects are completed. Additionally, IIJA created a new small storage
and groundwater storage authority that allows for grant funding for
projects with a maximum storage capacity of 30,000 acre-feet. These
authorities expire on November 15, 2026.
Currently, Reclamation lacks authorities to build water
infrastructure projects not already approved.
Hydropower Development
During the 20th century, the federal government invested
significantly in water infrastructure throughout the western United
States to reduce flood risks to communities, provide reliable water
supplies, and generate dependable, renewable hydropower. Reclamation is
the second largest hydropower producer in the United States, and this
renewable, baseload resource has played a critical role in achieving
Reclamation's mission to provide reliable, low-cost water and power to
the arid west.31
The 53 hydroelectric power plants that Reclamation directly
operates are critical to the electric grid across the 17 Reclamation
states. Those plants generate roughly 40 million megawatt-hours (MWh)
of electricity, or enough to power 3.8 million homes in the United
States.32 According to the Energy Information Administration
(EIA), hydropower accounts for nearly 27% of renewable electricity
generation and about 6% of total U.S. electricity
generation.33 As a reliable, emissions-free, baseload power
source, hydropower will play a critical role in meeting the United
States's future energy demand in the years and decades to come.
To carry out their energy production functions, Reclamation
partners with the four Power Marketing Administrations (PMAs) operated
by the Department of Energy. While Reclamation's facilities generate
electricity, the four PMAs--Bonneville Power Administration (BPA),
Western Area Power Administration (WAPA), Southeastern Power
Administration (SEPA), and Southwestern Power Administration (SWPA)--
operate the transmission and distribution infrastructure that bring the
power to homes, businesses, and communities across the west. While
Reclamation operates in the 17 western states, the PMAs transmit
electricity to 34 states.34
The permitting process for non-federal hydropower development
located within a Reclamation project falls under Reclamation's Lease of
Power Privilege (LOPP) contract, the Federal Energy Regulatory
Commission (FERC) license, or, in some instances, both.35
Unless specified in the law, Reclamation projects authorized for
federal hydropower development are within the jurisdiction of
Reclamation, requiring a LOPP for non-federal development. A LOPP is a
contractual authorization issued by Reclamation to a non-federal entity
to use a Reclamation facility for electric power generation consistent
with Reclamation project purposes. However, if a Reclamation project is
not authorized for federal hydropower development, under current law,
that development is within the jurisdiction of FERC, requiring a FERC
license for non-federal development. As of January 2025, 16 projects
operate under the LOPP process for a total of nearly 58,000
kilowatts.36
In December 2020, the Trump administration released the Hydropower
Strategic Plan for Fiscal Year 2021-2026,37 which had three
key goals: ensuring that Reclamation-produced hydropower continues to
be part of the United States energy portfolio; obtaining customer
satisfaction in hydropower deliveries; and cultivating a skilled and
strategic workforce.38 In embracing the value of hydropower,
one of the Plan's goals was to ``investigate new marketing strategies
with Power Marketing Administration partners.'' 39
Types of Hydropower Development
Impoundment is the conventional and most common type of
hydroelectric power plant, using dams to contain water in a
reservoir. The contained water is released as needed,
flowing through a turbine to generate electricity.
A diversion, sometimes called a ``run-of-river'' facility,
channels a portion of a river through a canal or a penstock
to utilize the natural decline of the riverbed elevation to
produce energy.40
Pumped storage hydropower facilities use water and gravity
to create and store energy. Pumped storage acts like a
battery, storing energy to release it when needed.
Typically, it is a configuration of two water reservoirs at
different elevations that can generate power as water moves
down from one reservoir to the other.41
Conduit hydropower involves retrofitting existing water-
carrying structures (like canals, pipelines, and aqueducts)
with electricity-generating equipment. There are
opportunities to use more than double conduit hydropower in
the United States, which has the largest resource potential
in the western states.42 In 2013, the Bureau of
Reclamation Small Conduit Hydropower Development and Rural
Jobs Act was signed into law, helping to boost the
development of small U.S. hydropower projects.
Harnessing New Technologies
Snowpack Measurements
Snowpack plays a vital role in keeping reservoirs full. Winter and
spring snowpack typically melt gradually throughout the year, flowing
into and refilling reservoirs. During most years, the maximum snow-
water equivalent 43 (SWE) denotes the annual peak of surface
water resources. SWE is a key index for forecasting stream and river
flow timing and amount, and for a wide variety of water management
decisions. Typically, these measurements are done manually by inserting
a tube through the entire depth of the overlaying snow cover. However,
new technologies have been developed to provide more accurate
measurements.
For example, in 2012, the Turlock Irrigation District (TID)
partnered with NASA to fly an airplane with light detection and ranging
(LiDAR) technology over its entire watershed, taking millions of points
of measurement to give a complete picture of the snowpack. This
technology has allowed TID to manage its reservoirs better, saving
water from being unnecessarily released due to poor
models.44
In December 2020, Congress authorized the Snow Water Supply
Forecast Program (P.L. 116-260, Sec. 1111) to enhance snow monitoring
and subsequent water supply forecasts. Under this program, Reclamation
provides cost-share on a competitive basis for a broad range of
participants to conduct snow monitoring and water supply forecasting
projects.
Deep-sea Water Farms
As the need for water supply throughout the country increases, some
are turning to the process of desalination to supplement existing
infrastructure and traditional techniques of water management and
conservation. Desalination is already a popular option in the Middle
East in countries like Israel, the United Arab Emirates and Saudi
Arabia.45 This technology is not without its challenges.
Desalinated water is typically significantly more expensive than stored
water, building desalination plants is a costly barrier to entry, the
desalination process is very energy intensive, and even the largest
desalination plants can only replace a portion of
consumption.46
Recently, new water technologies have emerged aimed at developing
deep-sea water farms that harness natural hydrostatic pressure at
depths in excess of 400 meters (1,300 feet) to drive a high-pressure
water purification method called reverse osmosis. In California, the
Las Virgenes Municipal Water District has partnered with OceanWell, a
water technology company, on a public/private partnership to research
an approach that addresses water reliability through harvesting fresh
water from the deep ocean.47
Challenges for Infrastructure and Permitting Issues
Federal agencies play an important role in our ability to access
and develop water and hydropower resources due to the various
environmental laws passed by Congress. Laws such as the National
Environmental Policy Act (NEPA) and Endangered Species Act (ESA) impact
the construction and maintenance of water infrastructure and day-to-day
operations. For example, species listings and administrative
rulemakings under the ESA, and subsequent litigation, continue to
profoundly impact federal activities such as federal dam operations,
water deliveries, and access to water resources.
ESA challenges facing water and hydropower infrastructure include
contentious and, in some cases, conflicting biological opinions (BiOps)
for listed species, the cost of adhering to the BiOps, and issues
surrounding the environmental baseline of existing projects. The intent
of a BiOp is to ensure the project does not reduce the likelihood of
survival and recovery of an ESA-listed species. However, radical
environmental organizations have utilized the citizen suit provisions
and the vague nature of the ESA to litigate against water and
hydropower projects.
Another regulatory challenge for many of these projects,
particularly in the Pacific Northwest, is provisions that govern the
``take'' of marine mammals under the Marine Mammal Protection Act
(MMPA, P.L. 92-522). The MMPA, like the ESA, is administered by both
the National Marine Fisheries Service (NMFS) and the Fish and Wildlife
Service (FWS). One challenge that the Pacific Northwest and its
hydropower facilities have faced is salmon predation by sea lions and
other pinnipeds. These pinnipeds have long been a major threat to the
salmon population in the Columbia River basin. In 2018, Congress
passed, and President Trump signed into law, the Endangered Salmon
Predation Prevention Act (P.L. 115-329), allowing the Secretary of
Commerce to authorize the take of sea lions in the Columbia
River.48 Examining additional ways to make the MMPA work
more effectively to combat these challenges is critical to safeguarding
hydropower infrastructure going forward.
Over the course of the 118th and 119th Congresses, the Committee on
Natural Resources has prioritized reform to the ESA, MMPA, and NEPA. In
February of 2025, the Subcommittee on Water, Wildlife and Fisheries
held an oversight hearing, ``Evaluating the Implementation of the
Marine Mammal Protection Act and the Endangered Species Act.''
Information from that hearing can be found here: https://
docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=117865 and the
hearing memo can be found here: https://naturalresources.house.gov/
calendar/eventsingle.aspx?EventID=416934. More recently, in March 2025,
Chairman Westerman introduced H.R. 1897, the ``ESA Amendments Act of
2025'', which makes definitional changes to the ESA, focuses on species
recovery, and seeks to streamline the permitting process, among other
provisions. On March 25, 2025, the Committee held a legislative hearing
on the bill; the hearing memo can be found here: https://
naturalresources.house.gov/uploadedfiles/hearing_memo_--
_sub_on_wwf_leg_hrg_on_4_bills_03.25.25.pdf and a title-by-title
analysis of Chairman Westerman's legislation can be found here: https:/
/naturalresources.house.gov/uploadedfiles/
esa_amendments_act_of_2025_title_by_title_119th_final.pdf
Finally, NEPA reform continues to be a significant priority for the
Committee beginning with the work initiated in the 118th Congress
through H.R. 1, the ``Lower Energy Costs Act,'' which included several
key reforms to the NEPA process, including the One Federal Decision
framework, establishing timeframes for NEPA reviews, and litigation
reform.49 Another successful legislative initiative during
the 118th Congress was the Fiscal Responsibility Act of 2023, which was
signed into law under President Biden in June 2023 and represented the
first significant reform to NEPA in over forty years. It narrowed the
scope of impacts considered under NEPA, encouraged the adoption of
categorical exclusions, set completion timelines, and provided page
limits for both environmental impact statements and environmental
assessments.50
Improving the implementation of these statutes, a key priority for
Republicans this Congress, will provide certainty to many of the
stakeholders involved in western water infrastructure, from hydropower
developers to end water users.
Hydropower Relicensing
Under the Federal Power Act (FPA), the Federal Energy Regulatory
Commission (FERC) has the authority to license non-federal hydropower
facilities. FERC currently issues approximately 1,030 active, non-
federal hydropower licenses.51 While FERC itself is under
the authorizing jurisdiction of the House Energy and Commerce
Committee, the resource agencies under the jurisdiction of the House
Committee on Natural Resources have imposed significant mandates on
licenses and the process of granting them in the Federal Power Act and
federal environmental statutes like the ESA.
Most licenses are valid for 30 to 50 years; however, the process to
relicense facilities can be complex, expensive, lengthy, and
uncertain.52 According to the National Hydropower
Association, relicensing a hydropower facility takes seven to 10 years
and nearly half of non-federal facilities are up for relicensing by
2035.53 During licensing or re-licensing, FERC must consider
the project's power aspect but must also give equal consideration to
energy conservation, fish and wildlife, recreational opportunities, and
other federally mandated needs.54
Consultations under the ESA also play a key role during the
relicensing process. The so-called ``environmental baseline'' utilized
during the ESA Section 7 consultation process is particularly important
during the relicensing process. The FWS and NMFS (the Services) have
often used the environmental baseline to create a hypothetical
environment that ignores existing infrastructure. This complicates
relicensing because the Services may utilize this flawed interpretation
to justify a BiOp that the existing infrastructure in question
jeopardizes the continued existence of a listed species. Any jeopardy
BiOp could put the future operations of any facility at risk due to
increased costs, time delays, and mitigation measures.
Conclusion
These dynamics taken together--the challenges facing western water
infrastructure, the importance of hydropower as part of the United
States' electric grid, and the various permitting and regulatory
requirements that these projects face from several different
environmental statutes--require a robust examination of how to
safeguard this critical infrastructure for the 21st century.
Accomplishing this goal will achieve several objectives: enhancing
American energy security by ensuring an all-of-the-above energy mix
includes clean, renewable, baseload hydropower energy, and improving
access to water resources for end users across the West.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
OVERSIGHT HEARING ON: ADVANCING.
FEDERAL WATER AND HYDROPOWER
DEVELOPMENT: A STAKEHOLDER'S PERSPECTIVE
----------
Wednesday, April 30, 2025
U.S. House of Representatives
Subcommittee on Water, Wildlife and Fisheries
Committee on Natural Resources
Washington, DC
----------
The Subcommittee met, pursuant to notice, at 10:07 a.m. in
Room 1324, Longworth House Office Building, Hon. Harriet
Hageman [Chair of the Subcommittee] presiding.
Present: Representatives Hageman, McClintock, Bentz, Crank,
Hoyle, Magaziner, Elfreth, Gray, Soto, and Huffman.
Mr. Crank [presiding]. The Subcommittee on Water, Wildlife
and Fisheries will come to order.
Good morning, everyone. I want to welcome members,
witnesses, and our guests in the audience to today's hearing.
And without objection, the Chair is authorized to declare a
recess of the Subcommittee at any time.
Under Committee rule 4(f), any oral opening statements at
hearings are limited to the Chair and the Ranking Member. I
therefore ask unanimous consent that all other members' opening
statements be made part of the hearing record if they are
submitted in accordance with Committee rule 3(o).
Without objection, so ordered.
We are here today to hold an oversight hearing entitled,
``Advancing Federal Water and Hydropower Development: A
Stakeholder Perspective.''
I now recognize Ms. Hoyle for her opening statement.
STATEMENT OF THE HON. VAL HOYLE, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF OREGON
Ms. Hoyle. Thank you. Good morning, and thank you to the
witnesses who traveled to be here. I look forward to hearing
from you about how Congress can help address the challenges
that you are facing. I expect that we will hear a lot of
bipartisan agreement at this hearing. There is a lot that we
can work on together.
Communities across the West are facing water challenges.
There is not enough of it. Sometimes there is too much in
different places. Droughts are getting longer and more severe,
snowpacks are getting smaller, and everyone is having to adapt.
Hydropower, when done right, is an important part of the
balanced energy system. However, the Administration and the
DOGE effort has been haphazardly gutting Federal agencies so
non-partisan civil servants can't do the work that everyone
here agrees that we should do.
For example, I was happy to support the generational
investments in our Western water infrastructure and drought
resilience through the Bipartisan Infrastructure Law and the
Inflation Reduction Act. These laws provided over $15 billion
to repair our aging infrastructure and modernize our water
systems for the 21st century. That is something that everyone
can agree that Federal tax dollars should be spent on,
infrastructure. That funding has been at work updating our
aging systems, supporting tribal water access, and boosting
water efficiency and reuse. Despite that progress, the
Administration has paused key water grants and fired the
workers who have helped communities across the West access
those funds. This chaos is preventing the Federal Government
from supporting reliable waterpower deliveries across the West
and also leaving contractors and workers in limbo as they have
to stop the work that they were planning to do.
At the Bonneville Power Administration and other power
marketing administrations, staffing cuts have targeted
engineers and operations staffs, the people who keep the lights
on. Power marketing administrations provide affordable power
across the West at no cost to the taxpayer. So these cuts are
not about government efficiency, because we as ratepayers pay
for them.
These cuts are threatening our grid stability, especially
in rural communities like the ones I represent. For example, I
heard from a constituent that DOGE's mass firing at BPA meant
there weren't enough linemen in central Oregon to repair a high
voltage transmission line if it went down. They left us with
one. That is not government efficiency.
There are real opportunities to improve efficiency in
government, but cutting programs and staff across the board
without thought or strategy is just creating chaos and hurting
our economies.
We need well-staffed and well-funded Federal agencies to
deliver safe, reliable water and electricity. And of course,
everyone should want efficient use of those dollars and that
work that is done. I look forward to hearing from today's
witnesses on how we can make that happen.
Ms. Hoyle. Thank you. I yield back.
Ms. Hageman. Thank you. I now recognize myself for a 5-
minute opening statement.
I want to apologize for being a bit late today. I was at a
press conference at the Department of Ag with some important
announcements. So again, I am sorry. I know that your time is
valuable and we want to be considerate of everyone in the room.
STATEMENT OF THE HON. HARRIET HAGEMAN, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF WYOMING
Ms. Hageman. Today the Subcommittee on Water, Wildlife and
Fisheries will hear from stakeholders on how Congress may
continue to advance and support Federal water resource and
infrastructure management and hydropower development.
Water is the Interior West's most important resource. In my
home State of Wyoming, access to water resources is crucial to
our success. Whether water is used for irrigation, recreation,
human consumption, manufacturing, or hydropower production, our
rivers, lakes, reservoirs, dams, canals, laterals, siphons,
headgates, and tunnels are key to ensuring that we have an
adequate water supply to meet the demands and needs of our
citizens, ag producers, energy producers, small business
owners, and manufacturers that operate across our State.
Since its creation in 1902, the Bureau of Reclamation has
been the primary agency responsible for the construction and
operation of the largest water infrastructure projects in the
West, with the North Platte Project and Shoshone Project in
Wyoming being the first two permitted and constructed in our
country's history. The North Platte Project alone provides
municipal water recreational opportunities, wildlife habitat,
irrigates hundreds of thousands of acres in Wyoming and
Nebraska, and is responsible for the creation of the Miracle
Mile in central Wyoming, the number-one blue ribbon fishery in
North America.
Without infrastructure such as Pathfinder Dam and
Reservoir, Buffalo Bill Dam and Reservoir, the Flaming Gorge
Reservoir, Lake Mead, and others and their related
infrastructure, many of our western rivers and streams would be
dry for a substantial portion of the year, thereby making it
impossible to have the abundant wildlife, fisheries, habitat,
and recreational opportunities that we all enjoy today.
As the largest wholesale supplier of water, Reclamation
delivers approximately 10 trillion gallons of water to people
across the 17 Reclamation States each year. In addition to
being a water supplier, many Reclamation projects also produce
affordable and reliable hydropower. The energy that this
infrastructure generates serves as the backbone of our region's
energy future, which is another important aspect that we will
be examining today.
As a litigator, I fought for Wyoming's water rights and
represented irrigation districts, municipalities, and farmers
for decades. Nearly every major water project has been met with
negativity and criticism by naysayers and academics, yet
history has shown the tremendous environmental value and
economic impact of these projects across the board.
As our witnesses will discuss today, we must continue
investing in our Federal water and hydropower projects and
development, continuing to support Reclamation's work
maintaining the infrastructure that we have. And increasing our
Nation's water storage and conveyance capacity means more food,
more energy, and more prosperity for generations to come in
Wyoming and across the United States.
But we cannot solely rely on the success of those who came
before us. Like other hearings we have held at this Committee,
we need to examine the steps that we need to take to chart a
better path forward, one that safeguards the existing
infrastructure and projects that Reclamation operates, but also
allows for more hydropower production, more storage and
conveyance capacity, and greater access to these resources for
the communities that depend on them.
For one, aging infrastructure is a reality that every
Reclamation project is facing. In Wyoming a few years ago we
had a tunnel collapse that cut off water to tens of thousands
of acres of productive farmland during the height of the
irrigation season. We must do more to prevent critical failures
in our infrastructure because those failures not only risk
industries like farming, but also risk surrounding lands and
the lives of our families. We must protect and maintain the
infrastructure we have while continuing to build new storage
projects. Future generations depend on our investment now.
Protecting and maintaining this infrastructure also means
examining the various environmental statutes that impact the
design, construction, operation, maintenance, and replacement
of these projects. Statutes like the Endangered Species Act,
the Marine Mammal Protection Act, and the National
Environmental Policy Act have all been weaponized as barriers
to the development and maintenance of Reclamation projects and
water resources. Efforts to reform and modernize these statutes
will similarly improve the management of our water resources,
thereby providing benefits to every single person in this room,
regardless of where you may call home.
I lastly want to thank my constituent, Jim Webb, for being
here today, and for your willingness to testify before this
Subcommittee. With that I want to take the time to thank all of
our witnesses for being here, and I look forward to a robust
conversation.
Ms. Hageman. I now recognize Ranking Member Huffman for his
opening statements.
STATEMENT OF THE HON. JARED HUFFMAN, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF CALIFORNIA
Mr. Huffman. Thank you, Madam Chair, and I am glad we are
having a hearing to talk about the reliability of our water and
power systems, especially in the West. If Congress wants to do
something about this, and I hope we do, on a bipartisan basis,
the most important thing is to pick up where we left off two
congresses ago. This is my thirteenth year in Congress. I have
heard endless debates and endless politics and political
theater over these subjects. But we took action. We made
historic investments, and that is enabling us to face some
really important realities when it comes to these issues.
Climate change is shrinking our snowpack. It is drying up
many of our rivers. It is straining our water infrastructure,
especially aging infrastructure. And we have to face the
reality that we have less water than we would like right now.
That is not just because of growing demand. Rising
temperatures, shrinking snowpack, shifting precipitation
patterns, all of this is cutting into supplies around the West.
Communities are being squeezed harder and harder every year by
climate change and prolonged drought. According to a Colorado
College State of the Rockies poll, 77 percent of Western voters
view climate change as a serious problem; 88 percent see
inadequate water supply as a major concern.
But despite these clear mounting challenges, the Trump
administration continues to claim that the climate crisis is
fake news. And the real kicker is that they are not just
denying this reality, they are actively working to make the
crisis worse, including dismantling the very agencies that
deliver water and power to millions of Americans. And under the
guise of efficiency, of course, we know Elon and the DOGE folks
have been pushing massive indiscriminate layoffs, gutting the
Bureau of Reclamation and the power marketing administrations,
thousands of positions--engineers, dam operators, hydrologists,
emergency operators--critical positions have been eliminated or
left vacant, and these are literally the people who keep our
taps running and the lights on for tens of millions of
Americans.
And we are already seeing the consequences: lost
institutional knowledge, fraying relationships with local
agencies, critically important water resilience projects
delayed or canceled, decades-old Federal local partnerships
eroding before our eyes.
And the stakes are equally high with our energy grid.
Indiscriminate cuts at the Energy Department's Power Marketing
Administrations, including Bonneville and Western, are putting
grid reliability at risk, raising real concerns about blackouts
and system stability across the West.
Now, I don't know about you, but firing workers, rehiring
them, and then maybe firing them again is not exactly a good
plan for stability. It is volatile enough just trying to manage
water and power resources. It is a high wire act on the good
days. When you add in all of that chaos, and think about what
that does to your goal of having a skilled professional
workforce. It is a recipe for terrible morale, for vacancies
that can cripple an agency's effectiveness, and ultimately for
failure. President Trump wants to dismantle the Federal
workforce, and then we get to the next shoe that will drop, to
replace them, these experienced public servants, replace them
with political loyalists.
So let me be clear. Our Federal workforce should reflect
competence and dedication to public service, not just yes-men
for Donald Trump and his billionaire friends. All of our
government should reflect those values, but especially in the
areas of water and power. Look, the bottom line is this
Administration's actions show a dangerous failure to understand
the complexity of our Nation's water and power systems,
especially in the West.
Reliable infrastructure, strong working relationships,
these things don't happen by accident. They require long-term
investments and a professional, mission-driven workforce, not
the hollowed-out shell that this Administration seems to be
creating.
And let's remember that the entire scheme of this Federal
workforce purge is overseen by a guy at the Office of
Management and Budget who says on the record that he wants
every Federal employee to feel traumatized, to feel miserable
coming into work every day. That is a recipe for disaster
across government, but especially when it comes to the water
and power agencies that we are discussing here today. We need
to do better.
Mr. Huffman. With that I yield back.
Ms. Hageman. I will now introduce our panel of witnesses.
Mr. Jim Webb, President and CEO at Lower Valley Energy in
Afton, Wyoming.
Ms. Michelle Bushman, Deputy Director and General Counsel
at Western States Water Council in Murray, Utah.
Mr. Jonathan Haswell, Chief Business Officer at OceanWell
LLC in Woodside, California.
And Mr. Patrick Sigl, Director of Water and Natural
Resource Law at Salt River Project in Phoenix, Arizona.
Let me remind the witnesses that, under Committee rules,
they must limit their oral statements to 5 minutes, but their
entire statement will appear in the hearing record.
To begin your testimony please press the button on the
microphones. And we use timing lights. When you begin the light
will turn green. When you have 1 minute remaining the light
will turn yellow. And at the end of 5 minutes the light will
turn red, and I will ask you to please complete your statement.
I will also allow all witnesses to testify before member
questioning.
I now recognize Mr. Webb for 5 minutes.
STATEMENT OF JIM WEBB, PRESIDENT AND CEO, LOWER VALLEY ENERGY,
AFTON, WYOMING
Mr. Webb. Thank you, Chair Hageman, Ranking Member Hoyle,
and members of the Subcommittee. Thank you for the opportunity
to be here today. This is exciting.
My name is Jim Webb, and I serve as the President and CEO
of Lower Valley Energy, a not-for-profit cooperative serving
western Wyoming and southeastern Idaho. I am here today to
highlight the importance of the Columbia River System and the
Bonneville Power Administration not just to my community, but
to the entire Western grid.
Hydropower is America's oldest and largest renewable
resource, providing nearly 30 percent of all renewable
generation. It is uniquely dispatchable, carbon free,
affordable, and essential to maintaining grid reliability. At
Lower Valley Energy about 85 percent of our power supply comes
from hydropower, including two low-impact facilities that we
operate. We are also exploring the opportunity to install a
third system on an existing Federal dam that does not have
generation now.
One of hydropower's greatest strengths is its operational
flexibility. Hydro plants can quickly ramp up or down, provide
critical grid services like frequency regulation, and have
black start capabilities, meaning that they can restore power
independently after a major outage. As we integrate more
variable resources like wind and solar while demand continues
to soar for electricity, hydropower's role as a flexible
backbone becomes even more critical.
The Bonneville Power Administration is critical to our
success. BPA markets power from 31 Federal hydro projects and
operates a vast network of over 15,000 miles of transmission
lines. Ratepayers cover BPA's operating costs, capital
investments, and environmental responsibilities through its
power and transmission sales revenues.
Stated more plainly, BPA ratepayers--not taxpayers, as was
already mentioned--fund its workforce and programs without
burdening the Federal budget. Because of this self-pay
structure, staffing reductions at BPA and other PMAs do not
yield Federal taxpayer savings. Instead, they impact BPA's
ability to provide reliable service, maintain grid
infrastructure, implement fish and wildlife mitigation
programs, and carry out their public mission.
I do express concern over the December 14, 2023 MOU between
the Federal Government, non-governmental organizations, and the
Six Sovereigns which paves the way for breaching of the four
lower Snake River dams. This agreement was reached largely
behind doors without meaningful input from public power
utilities, agricultural communities, or many Tribes. Breaching
these dams would have severe consequences. They provide around
3,000 megawatts of clean, flexible, and affordable power, and
support several thousand megawatts of wind and solar
generation. Removing them would compromise grid reliability,
increase energy prices, and place additional strain on already
congested transmission corridors.
The previous Trump administration completed a resource
intensive environmental impact statement and NOAA biological
opinion on the Snake River dams in 2020. These studies
concluded that dam breaching is not a viable option. A more
recent NOAA Fisheries rebuilding report ignores prior NOAA
science, making a 180-degree turn largely to presume breaching
the Snake River dams is the only viable path to rebuilding
salmon populations without scientifically reliable data or
analysis to back up its claims. In my opinion, we don't need to
open the EIS and do more studies trying to come up with
different results to fit somebody else's narrative.
We fully support fish and wildlife recovery. Approximately
25 percent of our monthly bills that we pay to BPA goes to
support fish mitigation. Our investments are yielding great
returns. Recent data shows that salmon returns have actually
increased threefold since the first dams were built. We are
doing our part. Now let's focus on other causes of salmon
decline such as ocean conditions, habitat, predators, and
climate change.
In closing, I urge Congress to protect the Columbia River
System, ensure BPA has the tools to succeed, and keep energy
affordable and reliable for millions of Americans.
Thank you for the opportunity to testify, and I welcome
questions. Thank you.
[The prepared statement of Mr. Webb follows:]
Prepared Statement of Mr. James R. Webb, President and Chief Executive
Officer, Lower Valley Energy
Hydropower helped us electrify America and is essential to our
nation's future. Chair Hageman, Ranking Member Hoyle, and Members of
the Subcommittee, thank you for the opportunity to testify today. My
name is Jim Webb, and I serve as the President and Chief Executive
Officer of Lower Valley Energy (LVE). I am testifying today to provide
my insights as a utility manager and to speak on behalf of stakeholders
who rely on the power, reliability, and stewardship provided by the
Columbia River System and the Bonneville Power Administration (BPA).
Lower Valley Energy (LVE), headquartered in Afton, Wyoming,
exemplifies the benefits of the Columbia River System and BPA's
services. As a member-owned, not-for-profit electric cooperative, LVE
serves communities in western Wyoming and eastern Idaho, delivering
some of the nation's most affordable and reliable electricity.
The Importance of Hydropower
Hydropower is the nation's oldest and largest source of renewable
electricity, providing nearly 30% of all renewable generation in the
U.S. It's in a class of its own, though, as it offers dispatchable,
low-cost, carbon-free power and plays a unique and irreplaceable role
in maintaining grid reliability.
The topic of today's hearing is critical to me because
approximately 85% of LVE's power generation comes from hydropower.
While most of this power is federal hydropower marketed by the
Bonneville Power Administration, LVE operates two low-impact hydro
facilities at Strawberry and Swift and is exploring additional power
generation at another existing dam in our area.
One of the often-underappreciated strengths of hydropower is its
operational versatility. Hydropower facilities have black start
capability, meaning they can restore electricity to the grid in case of
a total system shutdown, without requiring an external power source.
This makes hydropower essential for national security and grid
resilience. In addition, hydropower reservoirs provide an inherent form
of energy storage. Water stored at elevation is potential energy that
can be converted to electricity instantly, allowing these plants to
ramp generation up or down to meet real-time demand rapidly. In fact,
in periods of peak demand, many hydropower facilities can temporarily
exceed their average or ``base'' output, sometimes significantly, for
short durations to meet heightened or unexpected demands. This
flexibility is indispensable as we add more intermittent wind and solar
to the grid. It also stands as a quick-response defense should other
generating sources experience unexpected shutdowns--hydro is capable of
picking up that slack.
Hydropower also plays an integral role in providing frequency and
voltage regulation, which helps keep the grid stable during sudden
shifts in generation or load. Hydropower units can serve as a backup
power supply which can respond within seconds to changes in demand,
making them ideal for supporting grid reliability under dynamic
conditions. Moreover, these hydro facilities are long-lived and
durable; many have operated reliably for a century and are less
vulnerable to cyberattacks or fuel supply disruptions that can be
problematic for fossil-fueled plants.
As the nation wrestles with increasing electricity demands, it is
crucial for Congress to recognize that hydropower is one of the only
clean energy resources that offers both reliability and flexibility at
scale. Without hydropower's stabilizing influence, integration of
variable resources like wind and solar will be more expensive, less
efficient, and more reliant on fossil fuel backup. The Columbia River
System is essential to achieving a clean, secure, and affordable energy
future. That's why it is often referred to as the backbone of our
energy system in the West.
Federal Hydropower: A Critical National Asset
The Power Marketing Administrations (PMAs) conceptually were
established during the New Deal era to bring electricity to rural and
underserved parts of the country that investor-owned utilities had
largely ignored. These agencies helped electrify America by harnessing
federally built hydropower projects using local labor forces. When
these projects became operational, they immediately made low-cost
energy available to local, public, and cooperative utilities across a
vast territory, changing citizens' lives overnight. The basic concept
known as ``preference'' for communities served by federal power came
from the view that rivers are a public asset and therefore, the power
generated from them ought to be sold to not-for-profit utilities. The
Bonneville Power Administration (BPA), created in 1937, was
instrumental in electrifying America. It delivered power from the
Columbia River system to communities across Washington, Oregon, Idaho,
and parts of Montana, Nevada, and Wyoming--fueling rural development,
job creation, and industrial growth. In doing so, BPA and its sister
PMAs expanded access to electricity and helped establish the foundation
for the nation's public power sector.
Today, BPA remains a vital force in the West, marketing power from
31 federal hydro projects and one nuclear power plant to over 140
public power customers, including municipalities, cooperatives, and
tribal utilities. BPA also owns and operates a vast 15,000-mile high-
voltage transmission network that enables regional energy reliability
and the integration of renewables. The development of this critical
infrastructure we entirely self-financed and did not rely on annual
congressional appropriations. Ratepayers cover BPA's operating costs,
capital investments, and environmental responsibilities through its
power and transmission sales revenues. Stated more plainly, BPA
ratepayers--not taxpayers--fund its workforce and programs. This self-
funding model ensures that BPA operates efficiently and with financial
discipline while delivering immense public value without burdening the
federal budget. BPA and its utility customers make money for the U.S.
Treasury by paying off the investment originally made in the system,
with interest, and has done so annually for 41 years. The most recent
payment, for fiscal year 2024, was $792 million. This amount included
$508 million in principal and $231.9 million in interest. Additionally,
$52 million covered other costs, such as irrigation assistance payments
that BPA provides to help irrigators repay their share of certain
Bureau of Reclamation projects.
Because of this self-pay structure, staffing reductions at BPA and
the other PMAs do not yield federal taxpayer savings. Instead, they
impact the BPA's ability to meet its statutory requirements to provide
reliable service, maintain grid infrastructure, implement fish and
wildlife mitigation programs, and carry out their public mission. We
share the Trump Administration's commitment to advancing American
energy dominance and appreciate the emphasis on enhancing grid
reliability and keeping energy affordable for all Americans. As the
Administration seeks to streamline permitting and accelerate
infrastructure development, the PMA workforce remains essential to
managing federal multi-purpose project expansions that drive energy
growth and enhance system resilience. Preserving electric reliability
depends on avoiding unintended consequences that could undermine these
goals, like delays in transmission development, underinvestment in
maintenance and modernization, and a loss of institutional knowledge
critical to managing complex hydro systems. Protecting the capacity and
expertise of BPA is not a matter of government spending--it's a matter
of good governance, strategic planning, and energy security.
Investment in Fish Recovery
LVE takes our commitment to stewardship of the land and water very
seriously. The Columbia River system is not just a power source but a
living river with cultural and ecological significance. The federal
government and BPA ratepayers have invested billions in fish recovery,
habitat restoration, hatcheries, and dam modifications to support
salmon and other species.
Approximately 25% of our power bill goes to support fish
mitigation. These efforts are making a difference.
The Public Power Council (PPC), representing consumer-owned
utilities across the Pacific Northwest, has highlighted significant
developments in 2024 regarding salmon and steelhead returns in the
Columbia River Basin. Notably, the region experienced a remarkable
sockeye salmon run, with nearly 750,000 fish counted in the Columbia
River alone--a substantial increase compared to previous years. In
total, the number of salmon returning to the Columbia and Snake rivers
has more than tripled since the first federal dams were built on these
rivers.
While we are committed to supporting salmon recovery, it is
essential to scrutinize the assumptions and methodologies underlying
recent federal guidance, particularly the NOAA Fisheries `Rebuilding'
Report. This report presents a narrow and overly deterministic view of
the region's salmon recovery options. The report ignores prior NOAA
science, making a 180 degree turn to largely presume breaching the
Lower Snake River dams is the only viable path to rebuilding salmon
populations, without scientifically reliable data or analyses to back
up its claims. Significant contributing factors such as ocean
conditions, habitat degradation, predation, and climate change were not
considered. Additionally, the report does not sufficiently address the
energy, economic, and environmental trade-offs associated with dam
removal, nor does it reflect the substantial investments and measurable
progress already made through existing mitigation and restoration
efforts. The previous Trump Administration completed a resource--
intensive Environmental Impact Statement and NOAA Biological Opinion on
the Lower Snake River Dams in 2020. These studies concluded that dam
breaching is not a viable option, and that it would result in severe
disruption to the power supply of the region. By abandoning its
previous scientific principles, the NOAA report does not represent the
collaborative, science-based, and regionally inclusive approach
necessary for sustainable salmon recovery and long-term energy
reliability.
The positive trends observed in 2024 demonstrate that meaningful
progress in fish and wildlife conservation is achievable with sustained
commitment and collaboration among federal agencies, states, tribes,
and public power utilities. We must continue this work with a balanced,
science-based approach that protects both the river's ecosystem and the
lifeline it provides to millions of people. Collaborative, regionally
supported solutions that integrate tribal perspectives, environmental
stewardship, and system reliability should be the foundation of our
path forward.
12/14 Agreement
As we look toward future challenges and consumer needs, it is vital
that all stakeholders--including tribes, public power utilities,
states, and federal agencies--work together to achieve balanced and
lasting solutions. However, the recent Memorandum of Understanding
announced on December 14, 2023, between the federal government,
nongovernmental organizations, and the six sovereigns--comprising the
States of Oregon and Washington and four Native American tribes--raises
serious concerns regarding process, equity, and long-term impacts on
the energy and economic stability of the region.
The agreement, reached largely behind closed doors and ignoring
input from public power customers, utilities, agricultural communities,
river users and other impacted stakeholders, outlines a federal
commitment to support a path toward breaching the four Lower Snake
River dams, citing the NOAA `Rebuilding' report. The agreement pauses
the ongoing litigation at the Federal District Court level in which
nongovernmental organizations partnered with tribal nations to sue the
federal government under the Endangered Species Act. The agreement to
pause the litigation also required BPA to use ratepayer funds to pay
$100 million to the six sovereigns for fish restoration and $200
million to U.S. Fish and Wildlife Services for hatchery modernization,
upgrades and maintenance. An additional $200 million of BPA ratepayer
funds were dedicated to studying the reintroduction of specific salmon
stocks in the upper Columbia River and methods to increase their
abundance. Finally, the agreement required various studies that
contemplate dam removal and building ``replacement'' intermittent power
projects.
The language and accompanying commitments to study dam replacement
and fund mitigation programs signal an intent to prepare for dam
breaching by systematically dismantling the dams' operational efficacy
and economic viability. This has introduced tremendous uncertainty for
utilities and BPA customers across the region, many of whom rely
heavily on the clean, affordable, and dispatchable energy these dams
provide. Many in our region believe this agreement drove a wedge
between regional stakeholders and took us many steps backwards from a
workable compromise.
The Lower Snake River dams are not marginal assets--they represent
approximately 3,000 average megawatts of nameplate, emissions-free,
flexible power, critical black start capability, and seasonal storage.
Removing them would compromise grid reliability, increase energy
prices, and place additional strain on already congested transmission
corridors. Dam removal would also displace barge transportation of
agricultural goods, increase transportation costs, put more trucks on
road, increase emissions, and threaten livelihoods in inland
communities, including farmers operating on already razor-thin margins.
The lack of comprehensive and inclusive dialogue makes this
agreement especially problematic. Public power utilities, customers,
and funders of BPA's fish and wildlife mitigation programs were not
meaningfully consulted before the agreement was announced. Neither were
ratepayers, agricultural stakeholders, rural economic developers, or
many tribal governments outside the four parties involved. The absence
of transparency undermines public trust and, again, creates division
rather than the unity we need to achieve real, durable solutions.
We fully support investing in salmon recovery, but we believe these
goals can and must be pursued in a way that maintains energy
reliability and protects the broader public interest. Regional
solutions must be inclusive, science-based, and grounded in a complete
understanding of trade-offs and alternatives, not driven by political
agreements that preempt necessary debate.
In closing, the Columbia River System and the Bonneville Power
Administration are models of multipurpose public infrastructure. They
deliver enormous value--clean energy, flood protection, navigation,
agriculture, and recreation--while helping stabilize energy prices and
support grid resilience. As Congress considers the next phase of
infrastructure investment and energy policy, I urge you to reinforce
and modernize what is working, protect the integrity of our federal
hydropower system, and ensure BPA has the tools and financial
flexibility it needs to continue serving its public service mission.
Thank you for the opportunity to testify. I welcome your questions.
______
Ms. Hageman. Thank you, Mr. Webb. I now recognize Ms.
Bushman for 5 minutes.
STATEMENT OF MICHELLE BUSHMAN, DEPUTY DIRECTOR AND GENERAL
COUNSEL, WESTERN STATES WATER COUNCIL, MURRAY, UTAH
Ms. Bushman. Chairman Hageman and Ranking Member Hoyle, the
Western States Water Council is a bipartisan government entity
created by the Western governors. Our mission is to ensure that
the West has an adequate, secure, and sustainable supply of
water of suitable quality to meet its diverse economic and
environmental needs now and in the future.
The Council has long supported Federal actions to authorize
hydropower projects that enhance our electric generation
capacity while appropriately protecting environmental resources
and respecting States' Clean Water Act section 401
certification authority, as well as States' authority over
water allocation, the obligations of interstate compacts, and
the rights and preferences of existing water and power users.
The potential exists for further development of hydropower,
including upgrading existing generators, developing small hydro
and the power potential from low head hydro on existing man-
made conduits and canals, and development of tidal power energy
systems. Such development on existing infrastructure can often
be undertaken with little impact on environmental and
ecological resources. Permitting requirements may be
appropriately minimized and streamlined to promote reasonable
development while avoiding unnecessary costs.
Water is often a necessary component of energy development
and production, which can present significant challenges in
States where water resources are already scarce. Similarly,
water management can be energy intensive, including
desalination, recycling, and reuse of water resources. An
integrated approach to water and energy is necessary to achieve
a thriving and sustainable future for the West.
The West depends on an intricate system of infrastructure
financed and maintained under a complex network of State,
tribal, local, private, and Federal ownership. Federal dams,
operated and maintained by the Bureau of Reclamation, the Army
Corps of Engineers, and the Natural Resources Conservation
Service, have largely exceeded their design life, with an
estimated $50 billion in needed repairs. The Council supports
Federal actions to provide stable and continuous funding
streams, and a coordination of State and Federal efforts to
strengthen existing dam safety programs.
Many of our rural communities are struggling to meet
existing and future water supply needs. These small systems,
serving under 10,000 people, face limited technical expertise,
sometimes contaminated water supplies, and lack of access to
alternative water supplies. Regionalization of shareable
technical, financial, and managerial resources across multiple
small systems may present opportunities for small systems to
make meaningful improvements. The Council supports the use of
the Bureau of Reclamation's Rural Water Program to identify
smaller-scale opportunities for small public water supply
systems.
Under the Reclamation Act of 1902, the Reclamation Fund was
envisioned as the principal means for financing future Federal
Western water and power projects with revenues from Western
resources. The unobligated balance of the Reclamation Fund
continues to grow and is expected to exceed $25 billion.
However, the fund receipts are mostly spent elsewhere, contrary
to Congress's original intent. The Council recommends that
Congress investigate the advantages of converting the
Reclamation Fund from a special account to a true revolving
trust fund, with annual receipts to be appropriated for
authorized purposes in the year following their deposit.
The Council has long supported the negotiated resolution of
Indian water rights claims, which can achieve the final
determination of unquantified reserved water rates for Tribes
in a manner that is least disruptive to existing non-tribal
water uses with younger priority dates. This leads to greater
water security across the West and an increased ability to plan
for the future. These settlements have a regional impact and
are not and should not be considered earmarks or community
projects. The Council urges Congress to expand opportunities to
provide funding for negotiated settlements and to ensure that
authorized settlements will be funded.
Sound decision-making for water resource management
requires accurate and timely data on precipitation, soil
moisture, snow water content, droughts, and more. Water
droughts and wildfires do not stop at State or tribal borders.
Federal data at regional scales forms an integral component of
our capacity to make meaningful and nuanced decisions about
limited water resources. Recent Federal layoffs, massive staff
reductions, and the closure of local Federal agency offices
across the West have created uncertainty about the future of
Federal support for water management and related disaster
mitigation.
Thank you for the opportunity to testify.
[The prepared statement of Ms. Bushman follows:]
Prepared Statement of Michelle Bushman, Deputy Director and General
Counsel for the Western States Water Council
My name is Michelle Bushman, and I am the Deputy Director and
General Counsel for the Western States Water Council (WSWC), a bi-
partisan government entity created by Western Governors in 1965,
representing 18 states. Our members are appointed by and serve at the
pleasure of their respective Governors, advising them on water policy
issues, working closely with the Western Governors' Association (WGA).
Our mission is to ensure that the West has an adequate, secure, and
sustainable supply of water of suitable quality to meet its diverse
economic and environmental needs now and in the future.
Water is an increasingly scarce and precious resource and should
continue to be a public policy priority. Western States have and will
continue to face unique hydrologic, legal and infrastructure
challenges. Population growth, competing economic and ecological
demands, and changing social values have stressed surface and
groundwater supplies in many areas. This has increased the number and
complexity of conflicts among users and uses. A secure water future is
becoming more costly and increasingly uncertain given our unpredictable
climate, aging and often inadequate infrastructure, data limitations
regarding water supplies and demands, competing or poorly defined water
rights, and a constantly evolving regulatory landscape. Effectively
addressing these challenges will require stronger collaboration and
cooperation that transcends political and geographic boundaries between
states, federal agencies, tribes, and local communities.
State Water Authority
Western states have primary authority and responsibility for the
appropriation, allocation, development, conservation and protection of
water resources, both groundwater and surface water, including
protection of water quality, instream flows and aquatic species, while
acknowledging international treaties, interstate agreements, and
judicial decrees. States are primarily responsible and accountable for
their own water development, management, and protection challenges, and
are in the best position to identify, evaluate, and prioritize their
needs and plan and implement strategies to meet those needs. Each
Western State has developed comprehensive systems for the
appropriation, use and distribution of water tailored to its unique
physiographic, hydrologic and climatic conditions found within that
state.
Congress has historically deferred to state water law as embodied
in Section 8 of the Reclamation Act, Section 10 of the Federal Power
Act, Section 101(g) and 101(b) of the Clean Water Act, and myriad other
statutes. Federal deference to state water law is based on sound
principles for the protection of private property rights and the
collective public interest in managing our water resources and the
environment. Western states value their partnerships with federal
agencies as they operate under this established legal framework.
Federal water planning, policy development, regulation, protection,
and management must recognize, defer to, and support state water laws,
plans, policies, programs, water rights administration, adjudication
and regulation, compacts and settlements. Rather than attempt to
dictate water policy, the federal government should engage states early
in meaningful consultation and contribute funding to support
implementation of state water planning and management, thus avoiding,
or at least minimizing, the need for federal regulatory mandates.
Hydropower
The WSWC has long supported federal legislative and administrative
actions to authorize and implement reasonable hydropower projects and
programs that enhance our electric generation capacity and promote
economic development, through efficient permitting processes, while
appropriately protecting environmental resources and respecting States'
Clean Water Act Sec. 401 certification authority, States' authority
over water allocation within their borders, the obligations of
interstate compacts, and the rights and preferences of existing water
and power users.
Hydropower is a clean, efficient source of energy that is a vital
part of meeting our present and future energy demands. It represents
about 27% of total renewable electricity generation, with approximately
103.4 gigawatts of capacity and nearly 5.7% of total electricity
generation. The potential exists for further public and private
development of hydropower, including upgrading existing generators,
developing small hydro and the power potential from low-head hydro on
existing man-made conduits and canals, development of tidal power
energy systems, as well as hydroelectric pumped storage projects. Aside
from projects requiring review by the Federal Regulatory Commission
(FERC), such development can often be undertaken with little impact on
environmental and ecological resources, requiring minimal further
environmental review. Permitting requirements may be appropriately
minimized and streamlined to promote reasonable development while
avoiding unnecessary costs.
WSWC supports the development and implementation of appropriate
energy and water conservation programs at all levels to minimize
demands placed on our natural resources and ecosystems.
Energy-Water Nexus
The West enjoys diverse and abundant renewable and non-renewable
energy resources. Water is often a necessary component of energy
development and production, which can present significant challenges in
States where water resources are already scarce. Similarly, water
management can be energy intensive, including the extraction or
movement of water, or desalination, recycling, and reuse of water
resources. An integrated approach to water and energy resource
planning, development, diversification, management and protection is
necessary to achieve a thriving and sustainable future for the West.
This includes integrating water and energy policies to maximize
effectiveness and efficiencies; supporting research and gathering data
to improve our understanding of water-energy supplies and demands;
ensuring that decisions related to the siting, construction, and
operation of water and energy development projects include an
evaluation and appropriate consideration of the interrelated impacts of
such development; and that the use of alternative cooling technologies
or other energy-related options are tailored to the availability of
water and the related opportunity costs of other water uses.
Reclamation Fund
Under the Reclamation Act of 1902, the Reclamation Fund was
envisioned as the principal means for financing federal western water
and power projects with revenues from western resources. Reclamation
Fund receipts are largely derived from water and power sales, project
repayments, and receipts from public land sales and leases, as well as
oil and mineral leasing and related royalties, from western lands
adjacent to rural and tribal communities. The unobligated balance of
the Reclamation Fund continues to grow and is expected to exceed
$25.2B. However, these receipts are only available for expenditure
pursuant to annual appropriation acts, and the fund receipts are mostly
spent elsewhere contrary to Congress' original intent.
WSWC recommends that Congress investigate the advantages of
converting the Reclamation Fund from a special account to a true
revolving trust fund with annual receipts to be appropriated for
authorized purposes in the year following their deposit (similar to
some other federal authorities and trust accounts).
WestFAST
The Western States Federal Agency Support Team (WestFAST) was
formally organized in 2008 in response to the Western Governors'
Association's recommendation to facilitate correlation of federal
activities and to develop and enhance collaborative partnerships among
state and federal agencies working on priority water-resource issues.
Today, WestFAST is a collaboration of more than 16 federal agencies
with water management responsibilities in the West.
WestFAST works closely with the Western States Water Council
striving to accomplish effective cooperation among western states, and
their partners, in the understanding, conservation, development and
management of water resources. The WestFAST federal agencies form a
dynamic, flexible team that provides the opportunity for interaction
initiated by WSWC, individual states, or the federal government.
WestFAST supports a continued commitment on the part of federal and
state organizations to work with local, tribal, and other stakeholders
to improve the effectiveness of collaboration and seek solutions to
water issues across Western States. Federal layoffs, massive staff
reductions, and the closure of local federal agency offices across the
West, have created uncertainty about the future of federal support for
water management and related disaster mitigation.
Water Data
All levels of government must prioritize the collection, analysis
and open sharing of reliable data regarding water availability,
quality, and usage given its importance to research for sound science
and data driven decisionmaking. This includes actions related to
hydropower development and Forecast Informed Reservoir Operations
(FIRO). Sound decisionmaking for water resource management requires
accurate and timely data on precipitation, streamflow,
evapotranspiration, soil moisture, snow depth, snow water content,
droughts, and water quality. In addition to state, tribal, and local
data, many federal programs provide critical data.
For example, the U.S. Geological Survey's (USGS) Groundwater and
Streamflow Information Program (GWSIP) and National Streamflow Network
provide data on water supply availability and water levels. Landsat
thermal data is archived and distributed by the USGS. The former
National Hydrography Dataset (NHD) and 3D Hydrography Program (3DHP)
provide map locations of water features and streamgages. The National
Water Information System (NWIS) provides surface water data.
The U.S. Department of Agriculture's (USDA) Natural Resources
Conservation Service (NRCS) provides water supply data through the Snow
Survey and Water Supply Forecasting Program, based primarily on data
from SNOTEL weather stations that measure snowpack through winter and
early spring. The National Water and Climate Center (NWCC) provides
soil moisture data through the Soil and Climate Analysis Network
(SCAN). The USDA's National Agriculture Imagery Program (NAIP) is used
in water right transactions (e.g., water right transfers, instream
leases) to confirm or support assertions of beneficial use of water on
subject lands.
The National Atmospheric and Space Administration (NASA) and its
water-related missions provide remotely-sensed data, and WGA has
specifically expressed support for the Landsat program and its use of
thermal infrared imagery for monitoring water use.
The National Oceanic and Atmospheric Administration's (NOAA)
National Weather Service, Climate Programs Office, Office of
Atmospheric Research (OAR), National Environmental Satellite Data and
Information Service (NESDIS), National Centers for Environmental
Information (NCEI), and National Integrated Drought Information System
(NIDIS), another program specifically supported by WGA, all conduct
research and provide forecasting data, supporting water management and
preparation for the extremes of drought and flooding.
The Bureau of Reclamation's (USBR) Agrimet system is an
agricultural weather station network that collects site-specific data
that, among other things, is often used to ground truth and calibrate
remotely sensed satellite data. It also provides data for improving
agricultural water planning and water use efficiency, conserving water,
improving crop yields, reducing pesticide and fertilizer application,
and reducing energy costs for growers.
The Environmental Protection Agency's National Environmental
Information Exchange Network (NEIEN) facilitates environmental data
sharing among state, federal, tribal, and local governments to improve
timeliness for decisionmaking.
Many of these programs operate very efficiently on lean budgets,
yielding public safety and water supply benefits much greater than the
cost of their operation. WSWC recently asked our Western states how
they are using some of these federal datasets. While not all of these
responses will be specifically relevant to this Subcommittee, nor is
this an exhaustive list, the complexity of the responses below
underscores the many critical roles that federal data play in water
management across the West:
California has a long history of collecting its own data to meet
its water needs, but also relies on federal data to make informed water
management decisions. Following the 2016 Open and Transparent Water
Data Act, California's Department of Water Resources created an
integrated water data platform, which includes water and ecological
data related to California water supply and management held by USBR,
USGS, NOAA, U.S. Forest Service, and the U.S. Fish and Wildlife
Service. The NWS watches and warnings support emergency responders in
preparing to issue evacuation warnings and orders, such as the high
wind and extreme fire risk warnings leading up to and through the
recent 2025 LA fires, and the 2023 flood warnings during the
atmospheric river events prior to the breach of levees on the Pajaro
River. The recent loss of federal employees at USBR has created some
difficulty for state staff working on permits.
Colorado's Water Conservation Board uses NRCS SNOTEL and streamgage
data to conserve, develop, protect, and manage Colorado's water. Many
federal data programs are even more beneficial in the long term
(decadal scale) as they provide robust statistical information through
variable climate conditions. Discontinuing these data programs can
disrupt the long-term benefits.
Kansas uses USGS streamgage data for water rights administration,
and reservoir data for reservoir operations. Landsat and OpenET data
provide information for irrigated acreage analysis. They use USGS Real
Time Water Quality Sensors to monitor ambient water quality and for
tracking plumes and relating pollutant levels to stream flows. USACE
and USBR reservoir data enables them to manage reservoir release
decisions for mitigating instream water quality impacts from harmful
algal blooms (HABs). USACE reservoir data provides information on
drought or low flow operations and informs interstate water compact
compliance. USACE Missouri River data and projections help determine
the impacts to Kansas reservoir operations. USACE water quality data
supplement state data for TMDL analysis and development. EPA water
quality data supplements state data for water quality planning and
evaluation. The NOAA-NIDIS drought monitor is used to determine
gubernatorial declarations of drought emergencies. The USDA Risk
Management Agency (RMA) supports the PRISM project that Kansas uses to
update the Republican River Compact Administration groundwater model,
and to do other historical analyses with its gridded precipitation and
temperature data.
Idaho's Department of Water Resources relies extensively on the
USGS stream gaging program for water resource management, to carry out
the priority administration of surface water (Snake River, Bear River,
Big Lost River, Big Wood River, Payette River, and Upper Salmon River),
for dam operations (Priest Lake Outlet), and to ensure compliance with
interstate compacts (Upper Snake and Bear River) and tribal water
rights settlements (Nez Perce and Shoshone--Bannock). Idaho also relies
on the USGS Landsat program for the remote sensing of
evapotranspiration data across the Snake River Plain and tributary
basins. Landsat data is used to map irrigated lands and to calculate
data needed both annually and in real-time to carry out conjunctive
surface and groundwater administration; to calibrate and validate
groundwater models; to evaluate and approve new water appropriations
via permitting, licensing, transfers, and water supply bank
transactions; and to recommend historical water use in adjudication
processes. Idaho relies on NRCS SNOTEL data for water supply
forecasting, tracking the state's water resources, and informing
management decisions. These data allow IDWR and water users to plan for
potential water shortages. SNOTEL forecasts allow Idaho to maintain
statutorily prescribed water levels in Priest Lake, and to determine
whether summer flows will meet the hydropower minimum streamflow
requirements in the Swan Falls Settlement Agreement. The Idaho NRCS
office manages 119 of the 900 national SNOTEL sites. The NRCS State
Snow offices have 27 of 71 positions vacant, and the Idaho office has 4
of 10 positions vacant due to recent federal terminations, threatening
SNOTEL network maintenance and forecasting capabilities.
Montana's Department of Natural Resources and Conservation relies
on several federal water datasets to actively manage the water
resources. As a headwaters state, Montan relies heavily on streamgage
data, SNOTEL data, and weather data that are used daily during the
winter and spring to forecast anticipated runoff and water availability
for their state reservoir management, flood risk assessment, and water
compact agreements including international, interstate, tribal and
federal compacts.
New Mexico heavily relies on water data developed by or in
consultation with federal agencies for several different purposes
collaboratively integrates several sources of federal and non-federal
water data under the authority of New Mexico's Water Data Act, NMSA 72-
4B-1, et seq.. New Mexico and other states rely on federal water data
to track reservoir levels, gauging and stream flow measurements, and
forecasts for water management operations in intrastate and interstate
basins. For example, in connection with the current severe drought
conditions, New Mexico has utilized the NRCS monthly SNOTEL data and
current and historic precipitation data, NOAA monthly soil moisture
measurements, NIDIS interactive drought maps, and the U.S. Drought
Monitor, and Climate Assessment for the Southwest (CLIMAS), an
interdisciplinary NOAA program that is a collaboration between the
University of Arizona and New Mexico State University. Federal water
data is also useful in connection with implementation of the technical
elements of interstate and Indian Water Rights Settlement Agreements.
Federal water data also has been utilized recently in New Mexico in
connection with coordinated responses across several agencies to
flooding and channel capacity constraints.
In Nevada, the NRCS water supply forecasts, based primarily on
SNOTEL data, are the principal indicator used by irrigators in the
Walker River Basin to set pumping thresholds to prevent chronic
groundwater depletions. Such local efforts to manage groundwater use
for the benefit of the community helps prevent the need for state-
mandated curtailments of water rights by priority date. During record-
breaking precipitation in the winter and spring of 2023, Nevada relied
on those monthly forecasts to notify dam owners of potential runoff
volumes that could exceed dam spillway capacity. They relied on NOAA
weather predictions to determine flood control reservoir releases
during a near-failure event at the Echo Canyon Dam in 2023; two of the
three subsurface grade check structures in the downstream outlet
channel were breached by headcutting, and the third and final structure
held up. USDA's RMA PRISM Climate Data is an extremely valuable gridded
geodatabase to estimate climate parameters in the many remote regions
of Nevada where there is little ground-based weather data. It is
commonly used for hydrologic modeling to estimate water budgets and
groundwater availability. They widely rely on the U.S. Drought Monitor
to gauge drought severity, which is easily communicated and often
drives water conservation efforts at the local level.
North Dakota relies heavily on precipitation data provided through
NOAA and NRCS. NOAA's Atlas 14 program was a gargantuan shift on the
understanding of precipitation patterns and statistical probability of
those patterns. The recent development of Atlas 15, a spatially
continuous national precipitation frequency atlas, is expected to be an
equivalent leap forward in understanding when, where, and how much
precipitation is to be expected. NRCS precipitation distribution
publications, such as Technical Papers 40 (1961) and 49 (1964) (then-
U.S. Soil Conservation Service) help in the construction of water-
related infrastructure. Data from Atlas 15 will help North Dakota to
ensure that its water infrastructure projects are designed accurately
and efficiently, making the most efficient use of taxpayer dollars.
Oregon uses federal data for almost all major functions for
characterizing and managing surface and groundwater, including water
distribution, forecasting, monitoring, modeling, allocation,
regulation, management, public safety, water right transactions
(permits, transfers, evidence of beneficial use, forfeiture of non-
use), reservoir monitoring, basin studies, municipal water supply
planning, agricultural water supply needs, and meeting the needs of
ESA-listed aquatic species. Data include USGS NWIS groundwater
monitoring network, streamgage network, water chemistry, and maps; USBR
Hydromet and Agrimet; U.S. Fish and Wildlife Service threatened and
endangered aquatic species lists; NOAA precipitation data; USDA soil
surveys, NRCS snow surveys, CREP-enrolled lands, and Ag Census.
South Dakota's Department of Agriculture and Natural Resources
relies heavily on USGS stream flow, Mesonet datasets, and other USGS
and NOAA publications when investigating water right or water quality
permit applications. These data are also used during droughts, floods,
responding to pollution spill situations, and to verify hydrologic
modeling for dam spillway sizing. On the water quality side, streamflow
gages are critical in determining allowable pollutant discharges.
Federal water chemistry data impact water quality permit decisions.
Mesonet data help inform their beneficial use analysis of waterbodies.
On the water resources side, streamflow data informs decisions about
bypass requirements and water shut off orders. The state dam safety
program is waiting for NOAA to complete its updated probable maximum
precipitation (PMP) study (last completed in the 1970s) to provide
updated numbers for designing and rehabilitating dams. NOAA's Atlas 15
is needed to update the National Precipitation Frequency Standards for
designing infrastructure to the best available information and current
storm data.
Utah's Department of Natural Resources relies heavily on USGS
streamgages for accurate real-time flow measurements and historical
data that inform decisions about diversions, withdrawals and compliance
for the fair and transparent allocation of water rights. Streamflow
data help optimize reservoir operations, groundwater management, and
other water projects. This can lead to more efficient water use,
reduced conflicts, and better environmental outcomes. Accurate data
allows for complex Great Salt Lake management, from flow modeling to
salinity forecasting. Streamgage data supports early warning systems
and informs emergency response strategies. Having access to near real-
time conditions aids in flood forecasting, drought planning, informing
agricultural decisions, minimizing risks to communities and
infrastructure, and supports recreational and ecological needs.
Historical records enable trend analysis, helping detect changes in
flow regimes over time, which helps with modeling and state planning
efforts. Such insights guide policy development, water resources
planning, and future infrastructure investments.
Washington's Department of Ecology relies on NOAA and USGS flood
forecasts for predicting peak flood elevations, severity, and
inundation areas days in advance, which helps identify potential road
closures or evacuations before flood events occur. NOAA's precipitation
gauges and cameras in wildfire-affected areas help monitor and predict
post-wildfire debris flows and flood risks, improving responses and
mitigation efforts. The staff of NRCS's regional Snow Survey and Water
Supply Forecasting Program has been decimated--only 5 of 12 staff
remain to cover both Washington and Oregon, and the northwest SNOTEL
system will not be maintained without sufficient staff, and is expected
to fail as soon as this summer. The U.S. General Services
Administration has proposed canceling the lease for the NRCS facility
that houses the SNOTEL equipment, and listed the vehicles and supplies
used to maintain the monitoring network as potentially being put up for
sale as soon as June. Without snowpack data, Ecology will not be able
to accurately forecast water supplies, and may not be able to issue
timely drought declarations. This means that farmers and water managers
will not be able to plan for and mitigate drought impacts. The Bureau
of Reclamation's determinations regarding Yakima basin water allocation
rely on NRCS data. Ecology's Office of Chehalis Basin noted that
without the integrated federal system for collecting, analyzing, and
reporting data, every aspect of the work they do and fund would be
impaired or impossible. Their Flood Warning System relies on a
combination of federal, state, and local funding to build, upgrade, and
maintain the system. The system includes data from USGS gages, NOAA's
GOES satellite system, NWS weather forecasts, and NOAA's River Forecast
Center--all of those elements need to be working and communicating with
one another for the flood warning system to operate. The system
provided thousands of residents with advance notice of a major flood
event in 2022, enabling them to protect lives and property. NIDIS is
the sole source of collaboration between Washington and other states on
drought response and resilience. The NIDIS data analysis is in a format
that is accessible to the public and allows Ecology and other water
managers to evaluate drought conditions, including the impacts on
irrigation districts in the Yakima Basin. Ecology is concerned about
proposed cuts to OAR where NIDIS is housed; the data collected and
analyzed there is critical to their understanding of and forecasts for
seasonal climate trends, including drought. USGS gages and historical
weather data are essential in creating and operating the hydrologic and
hydraulic models used for reducing flood damage and protecting aquatic
species, and to assess the potential impact of future infrastructure
and conveyance improvements.
Examples of recent billion-dollar disasters in the West include:
flooding and mudslides, severe weather and wildfires (2023): extensive
West and Midwest drought, heatwave, and wildfires, as well as severe
Central weather and North Central and South Central hail (2022);
Western drought, heatwave and wildfires, with California flooding, as
well as Central and South Central severe storms and cold wave (2021);
continued drought, heatwave, wildfires, as well as severe storms and
hail (2020); Missouri River and northern Great Plains flooding (2019);
Colorado hail storms (multiple years), drought in the southern Great
Plains (2018); California and Nevada flooding (2017),;severe multi-year
drought in California and much of the West (2012-16); Texas and
Oklahoma flooding (2015); and flooding in Texas resulting from
Hurricane Harvey (2017); drought across the southern Great Plains
(2011); Missouri River and northern Great Plains flooding (2011). Such
disasters are not isolated occurrences in the West and are likely to
continue.
WSWC urges Congress to prioritize the appropriation of sufficient
funds to maintain, modernize, expand, and improve these federal data
programs, ensuring that they remain accessible to a growing and diffuse
number of decisionmakers and stakeholders. The erosion or loss of these
programs and the disruption of data may have significantly adverse
consequence for our economic and environmental future.
WSWC further urges Congress to invest in additional research and
data sharing to help resolve state and regional water problems,
including support for water resources research institutes and the Water
Resources Research Act program, transitioning from research to
operations and technology transfers, forecast informed reservoir
operations, hydroclimate data collection, and seasonal to subseasonal
forecasting.
Water Infrastructure
A secure and sustainable water future will be determined by our
ability to maintain, replace, expand and make the most efficient use of
critical water infrastructure. We must preserve and improve existing
infrastructure, as well as encourage and support innovative water
supply strategies and new storage options to better balance supplies
with demands.
The West depends on an intricate and aging system of weirs,
diversions, dams, reservoirs, pipelines, aqueducts, pumps, canals,
laterals, drains, levees, wells, stormwater channels, and water and
wastewater treatment and hydroelectric power plants. These systems are
financed and maintained under a complex network of state, tribal,
local, private, and federal ownership, benefiting a broad segment of
water users and other stakeholders.
Aging federal water infrastructure has deteriorated due to
underfunded and deferred maintenance, repair, and replacement needs. In
many cases, this infrastructure had exceeded its designed lifespan,
raising public safety issues. Other authorized federal infrastructure
projects have not been started or remain incomplete for decades due to
inconsistent, incremental, or insufficient appropriations; permitting
and licensing backlogs; and oversight by multiple federal agencies with
inadequate interagency coordination.
Maintaining and delivering sufficient supplies of water of suitable
quality is key to maintaining the West's economic prosperity, meeting
our environmental needs, and sustaining our quality of life, both now
and in the future. Appropriate water-related infrastructure investments
ensure our continued ability to store, manage, conserve, and control
water during both floods and droughts, as well as protect and treat our
water resources. Existing and new infrastructure is critical to meet
drinking water, wastewater treatment, irrigation, hydropower, flood
control, interstate compact, tribal and international treaty, fish and
wildlife habitat needs.
The WSWC supports collaboration and leadership at all levels of
government and within the private sector to address the nation's
infrastructure needs, including hydropower. WSWC urges Congress to work
with the Administration to ensure adequate appropriations for
constructing, maintaining, and replacing critical federal water
projects and to assist states and local governments as they address
their water infrastructure needs. The WSWC encourages Congress to work
with the Administration and with States to streamline permitting
processes and coordinate environmental and other regulatory reviews to
eliminate duplicative procedures. WSWC urges Congress further to
develop a method of budget scoring that considers the unique timing of
the costs and benefits of water infrastructure investments and accounts
for long-term public health and safety, economic and environmental
benefits, with fair and appropriated discounting.
Rural Water Systems
Many of our rural communities are struggling to meet existing and
future water supply needs and compliance with present regulatory
mandates. Over 90% of the public water supply systems in the United
States are small systems serving 10,000 or fewer people. These small
systems face unique challenges, including financial constraints, aging
infrastructure, limited technical operations and managerial
administrative expertise, reduced or contaminated water supplies, and
lack of access to alternative water supplies. Small system
infrastructure consolidation poses significant challenges, particularly
for geographically isolated communities. However, regionalization of
sharable technical, financial, and managerial resources across multiple
small systems may present opportunities for small systems to make
meaningful improvements.
For nearly 20 years, the Bureau of Reclamation's Rural Water
Program has been focused on the completion of authorized rural water
projects that have long been needed in Montana, New Mexico, North
Dakota, and South Dakota. The program is also authorized to work with
rural communities, states, and tribes to assess potable water supply
needs, and to undertake additional appraisal investigations or
feasibility studies for new rural water projects. The WSWC supports the
use of this program to identify smaller scale opportunities for small
public water supply systems, including the appropriation of sufficient
funds directed toward that effort.
WSWC also supports the work done by USDA Rural Development to bring
clean, safe drinking water and sanitation to rural communities.
Indian Water Rights Settlements
WSWC has long supported the negotiated resolution of Indian water
rights claims, which can achieve the final determination unquantified
reserved water rights for tribes in a manner that is the least
disruptive to existing water uses with younger priority dates. This
leads to greater water security across the West and an increased
ability to plan for the future. Some advantages of negotiated
settlements include: (i) the ability to be flexible and to tailor
solutions to the unique circumstances of each situation; (ii) the
ability to promote conservation and sound water management practices;
and (iii) the ability to establish the basis for cooperative
partnerships between Indian and non-Indian communities. The successful
resolution of certain claims may require ``physical solutions,'' such
as development of federal water projects and improved water delivery
and application techniques. The federal government has trust
obligations toward tribes, and water rights settlements often involve a
waiver of some portion of tribal water right claims and breach of trust
claims that could otherwise result in court-ordered judgments and
increased costs for federal taxpayers. These settlements have a
regional impact and are not and should not be considered earmarks or
community projects. WSWC urges Congress to expand opportunities to
provide funding for settlements, and to ensure that authorized
settlements will be funded without a corresponding offset to other
essential tribal or Department of Interior programs.
An integrated, collaborative, and grassroots approach to water
resources management is critical to the environmentally sound and
efficient use of our water resources. States, federal agencies, tribes,
and local communities should work together to identify water problems
and develop optimal solutions at the lowest appropriate level. Striving
for cooperation rather than litigation, we must recognize and respect
national, state, regional, local and tribal differences in values
related to water resources.
Thank you for the opportunity testify.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Ms. Hageman. Thank you, Ms. Bushman. I now recognize Mr.
Haswell for 5 minutes.
STATEMENT OF JONATHAN HASWELL, CHIEF BUSINESS OFFICER,
OCEANWELL LLC, WOODSIDE, CALIFORNIA
Mr. Haswell. Good morning, Chair Hageman, Ranking Member
Hoyle, and members of the Committee. On behalf of OceanWell,
thank you for the opportunity to be here today and to discuss
advancing water development.
My name is Jonathan Haswell, and I serve as Chief Operating
Officer of OceanWell, a water technology company that was born
and bred in California and whose goal is tackling global water
scarcity through a novel offshore deep ocean desalination
system. I am here today because our innovation offers a
scalable, sustainable way to strengthen U.S. water resilience,
and presents a modular, faster deploy alternative to
traditional resource-intensive infrastructure projects.
In short, technology can and must be part of the modern
water scarcity toolkit. Producing abundant, affordable,
environmentally-friendly water at scale is now within reach.
And perhaps most importantly, with OceanWell, one community's
water security no longer must come at another community's
expense. Guilt-free water at large scale is now possible.
The challenge of water scarcity is not new, and neither are
the limitations of traditional solutions. Traditional forms of
desalination have been deployed internationally to bridge water
gaps, but at a steep cost. High energy consumption, intensive
chemical pre-treatment, marine life mortality, massive land
requirements, and the challenge of managing brine discharges,
these economic and environmental burdens have historically
limited desalination's use within the United States.
OceanWell was founded to fundamentally rethink
desalination, and specifically solve for these costs and impact
challenges. Like onshore desalination, OceanWell proposes to
use reverse osmosis technology to separate salts from seawater.
However, rather than operating from the shore, we relocate the
process to the deep ocean, approximately 1,500 feet below the
surface, where naturally occurring hydrostatic pressure
provides the force needed to drive reverse osmosis without
energy.
In this aphotic zone of the ocean, where less than 1
percent of sunlight penetrates, the water is colder, cleaner,
and near limitless. As a result, we eliminate the need for
chemical pre-treatment and avoid the energy costs associated
with pumping and pressurization onshore.
OceanWell's modular sub-sea pods each produce 1 million
gallons per day of fresh, potable supply, and are engineered
for a 30-year life span. This approach delivers water with
dramatically lower energy consumption, no marine life
mortality, no need for large onshore treatment plants, and a
minimal brine discharge impact.
OceanWell's modular nature allows for quick capacity growth
to address the needs of an expanding community. By shifting
where and how desalination occurs, OceanWell offers a scalable,
energy-efficient, and responsible solution.
Recognizing the need to support water-scarce communities in
the United States, OceanWell is planning to deploy its first
water farm in Southern California, and is projected to deliver
approximately 50 million gallons per day of fresh water to the
region. To advance this effort we have established a workgroup
of 26 California water agencies led by Las Virgenes Municipal
Water District.
Water is foundational to every aspect of America's economy
and national security. Yet unlike energy or transportation, it
is often taken for granted. Most people rarely think about
where their water comes from until it is not there. Water
security is economic security. It is national security. And it
demands the same urgency and innovation we apply to every other
critical infrastructure need and challenge.
A reliable water supply directly strengthens a community's
ability to prosper. Moreover, safeguarding water supply
strengthens national security by protecting military bases,
ports, and disaster-prone regions. Every storm, wildlife and
flood elevates the vulnerability of land-based water
infrastructure. OceanWell's sub-sea water farms operate below
the surface and have a critical layer of protection.
Water resources have historically been overlooked for
investment compared to other essential utilities. We are proud
to collaborate with public partners such as Las Virgenes
Municipal Water District, as well as the Bureau of Reclamation
and the Metropolitan Water District of Southern California. We
are also fortunate to work with private partners like Kubota
Corporation and to participate in Imagine H2O's Global
Innovation Ecosystem and the XPRIZE Water Scarcity Challenge,
initiatives that recognize and accelerate high-potential
solutions for global water supply and resilience.
Layering public and private investment is critical to
developing, advancing, and deploying next-generation water
technologies at scale. Congress plays an essential role in this
effort by incentivizing the development and adoption of
innovative water technologies, and by strengthening support for
public-private partnerships that can deliver resilient new
supplies. OceanWell will continue to work with our public and
private partners, and together we can create an affordable,
abundant, reliable source of fresh, guilt-free water.
Thank you again for having me today, and for your time and
consideration.
[The prepared statement of Mr. Haswell follows:]
Prepared Statement of Mr. Haswell, Chief Operating Officer of OceanWell
Good morning, Chair Hageman, Ranking Member Hoyle, and Members of
the Committee. On behalf of OceanWell, thank you for the opportunity to
be here today to discuss advancing water development.
My name is Jonathan Haswell, and I serve as Chief Operating Officer
of OceanWell--a water technology company, that was born and bred in
California, and whose goal is tackling global water scarcity through a
novel offshore, deep-ocean desalination system.
I'm here today because our innovation offers a scalable,
sustainable way to strengthen U.S. water resilience--and presents a
modular, fast-to-deploy alternative to traditional resource-intensive
infrastructure projects.
In short: technology can--and must--be part of the modern water
scarcity toolkit. Producing abundant, affordable, environmentally
friendly water at scale is now within reach. And perhaps most
importantly, with OceanWell, one community's water security no longer
must come at another community's expense. Guilt-free water at large
scale is possible.
The Problem--Water Scarcity and the Historical Limits of Desalination
The challenge of water scarcity is not new--and neither are the
limitations of traditional solutions. Globally, only about 1% of
Earth's water is drinkable, and nearly half the world's population
faces water stress today. In the United States, this pressure is felt
most acutely in the West, where prolonged droughts, shrinking
reservoirs, population growth, and natural disasters have severely
strained available supplies.
Traditional forms of desalination have been deployed
internationally to bridge water gaps, but at a steep cost: high energy
consumption, intensive chemical pre-treatment, marine life mortality,
massive land requirements, and the persistent environmental challenge
of managing concentrated brine discharges. Traditional plants draw from
surface-level seawater--warmer, biologically active, and rich in
organic material--requiring expensive, often chemical-heavy treatment
to protect membranes and maintain performance. Meanwhile, the need for
energy-intensive high-pressure pumps has made desalinated water one of
the costliest potable supplies available. These economic and
environmental burdens have historically limited desalination's use
within the United States. Further, traditional infrastructure is built
to address the capacity needs of today and the predicted population of
the future, however the numbers do not always pan out exactly as
initially calculated and can create an issue if the plant's capacity
cannot be altered. OceanWell's modular, scalable nature allows for
quick capacity growth to address the needs of an expanding community.
OceanWell was founded to fundamentally rethink desalination and
specifically solve for these cost and impact challenges. Like onshore
desalination, OceanWell proposes to use reverse osmosis technology to
separate salts from freshwater. Rather than operating from the shore,
we relocate the process to the deep ocean--approximately 400 meters
below the surface--where naturally occurring hydrostatic pressure
provides the force needed to drive reverse osmosis without mechanical
pumps. In this aphotic zone, where less than 1% of sunlight penetrates,
the water is colder, cleaner, and limitless. As a result, we eliminate
the need for chemical pre-treatment and avoid the energy costs
associated with pumping and pressurization onshore. The 40-foot-long
OceanWell Pod leverages the naturally occuring hydrostatic pressure of
the water column above to drive the reverse osmosis process, limiting
the energy use to the conveyance back to shore rather than the
treatment.
OceanWell's modular subsea Pods each produce 1 million gallons per
day (MGD) of fresh potable supply. Just 50 Pods would be sufficient to
meet the entire daily water needs of 100,000 households. This approach
delivers cold, clean water with dramatically lower energy consumption,
no marine life mortality, no need for a large onshore treatment plant,
and minimal brine discharge impacts. Each Pod operates for a 30-year
lifespan and anchors securely to the ocean floor with a small
environmental footprint.
By shifting where and how desalination occurs, OceanWell offers a
scalable, energy--efficient, and responsible solution--exactly the kind
of new water supply needed to secure the future of the Western United
States.
Partnership with Las Virgenes Municipal Water District
Recognizing the urgent need to support water-scarce communities in
the United States, OceanWell is planning to deploy its first Water Farm
in Southern California--a region facing some of the nation's most
critical water challenges.
To advance this effort, we have established a California work group
of 26 California water agencies, led by Las Virgenes Municipal Water
District (LVMWD). LVMWD provides potable water, wastewater treatment,
recycled water, and biosolids composting services to approximately
75,000 residents across Agoura Hills, Calabasas, Hidden Hills, Westlake
Village, and adjacent unincorporated areas of Los Angeles County,
spanning a service area of 122 square miles. The broader working group
extends across key districts throughout Southern California,
representing millions of residents across drought-prone regions.
LVMWD faces significant water supply challenges due to its limited
local resources and heavy reliance--approximately 84%--on imported
water. Severe droughts, including the 2022 drought that caused a 73%
supply shortage, have compounded these risks. Geological and
environmental constraints limit groundwater development, making
innovative solutions like desalination and advanced water recycling not
just desirable, but essential. LVMWD is already pursuing advanced
projects such as the Pure Water Project Las Virgenes-Triunfo and is now
working to pioneer OceanWell's Water Farm technology.
LVMWD has spearheaded the formation of six Southern California
public agencies to advance the first OceanWell Water Farm. In addition
to LVMWD, key partner agencies include: Los Angeles Department of Water
and Power (LADWP), Calleguas Municipal Water District, Los Angeles
County Public Works District 29, Burbank Department of Water and Power,
Upper San Gabriel Valley Municipal Water District, and Santa Clarita
Valley Water Agency.
The first Water Farm is projected to deliver 57 million gallons per
day (MGD) of fresh water to the region--representing a major step
forward in drought resilience.
On March 21, 2025, OceanWell and LVMWD successfully deployed a
prototype Pod into the Las Virgenes Reservoir, which exceeds 100 feet
in depth and holds approximately 9,500 acre-feet of water. The
deployment will allow OceanWell to rigorously stress-test its
filtration systems under real-world conditions as we advance toward
full-scale operations.
Water Security Is Economic and National Security
Water is foundational to every aspect of America's economy and
national defense--yet, unlike energy or transportation, it is often
taken for granted. Most people rarely think about where their water
comes from until it is not there. But the reality is clear: reliable
water supplies are under growing pressure, especially across the
Western United States.
Las Virgenes Municipal Water District and its coalition partners
recognize what many overlook--that securing new, dependable water
sources is not just a local responsibility; it is a strategic
imperative. Without reliable water, industries stall, agriculture
contracts, military readiness is compromised, and communities are left
vulnerable. Every sector that drives economic strength--from energy to
manufacturing to technology--depends on stable water supplies.
Simply put, water security is economic security. It is national
security. And it demands the same urgency and innovation we apply to
every other critical infrastructure need and challenge.
A clean, reliable water supply directly strengthens a community's
ability to grow--powering industry, agriculture, commerce, and
household prosperity. Moreover, safeguarding water supplies strengthens
national security by protecting critical infrastructure like military
bases, ports, energy producers, manufacturers, mining operations, and
disaster-prone regions. Natural disasters already cost the United
States the productive use of an average of 4.7 million acres annually
from wildfires alone--with most damage concentrated in the West, but
risks growing nationwide. Every storm, wildfire, and flood elevates the
vulnerability of land-based water infrastructure--and degrades water
quality when communities can least afford it.
OceanWell's subsea Water Farms, operating 400 meters below the
surface, offer a critical layer of protection. Shielded from surface
risks, our water farms deliver secure, reliable supply--strengthening
both local economies and America's broader national security.
Water resources have historically been overlooked for investment
compared to other essential utilities. OceanWell is working to change
that--advancing water supply innovation through strong public-private
partnerships and global innovation platforms.
We are proud to collaborate with public partners such as Las
Virgenes Municipal Water District, as well as the Department of the
Interior's Bureau of Reclamation, and the Metropolitan Water District
of Southern California, both of whom have provided key grant support to
advance our early development. We are also fortunate to work with
private partners like Kubota Corporation, and to participate in Imagine
H2O's global innovation ecosystem and the XPRIZE $119m Water Scarcity
Challenge--initiatives that recognize and accelerate high-potential
solutions for global water supply and resilience.
Layering public and private investment is critical to developing,
advancing, and deploying next-generation water technologies at scale.
Congress plays an essential role in this effort--by incentivizing
the development and adoption of innovative water technologies and by
strengthening support for public-private partnerships that can deliver
resilient new supplies.
Additionally, Congress can further accelerate deployment by
streamlining federal permitting processes to make them more efficient,
predictable, and aligned with the urgent timelines water-scarce
communities face.
Conclusion
One key to strengthening and diversifying water supplies is
protected, scalable sub-sea technology that will produce clean, cold
water without causing harm to the ocean. This innovative system will
continue to advance water security and thereby add to the strength of
our economic and national security. To accomplish this, OceanWell will
continue to work with our public and private partners including LVMWD
and the U.S. Government. Together, we can create an affordable,
abundant, reliable source of fresh guilt-free water.
Thank you again for having me today and for your time and
consideration. I welcome your questions.
______
Ms. Hageman. Thank you, Mr. Haswell, very interesting. I
have actually been talking about this for quite some time. It
is imperative that we increase the water supply in California,
and I think that this has great promise. So thank you.
Mr. Haswell. Thank you.
Ms. Hageman. And I now recognize Mr. Sigl for 5 minutes.
Am I saying your name correctly?
Mr. Sigl. Yes, that is great.
STATEMENT OF PATRICK SIGL, DIRECTOR OF WATER AND NATURAL
RESOURCES LAW, SALT RIVER PROJECT, PHOENIX, ARIZONA
Mr. Sigl. Thank you very much, and good morning, Chair
Hageman, Ranking Member Hoyle, and members of the Subcommittee,
my name is Patrick Sigl, and I am the Director of Water and
Natural Resources Law at the Salt River Project. Thank you for
the opportunity to testify today to provide SRP's perspective
on advancing Federal water and hydropower development.
SRP is responsible for the care, operation, and maintenance
of the Salt River Federal Reclamation Project in central
Arizona, one of the Nation's first Reclamation projects built
under the Reclamation Act of 1902. SRP has a 120-year history
of collaborating with the United States and regional partners
to develop reliable and affordable water and power resources
for our growing communities in the desert Southwest. Our
accomplishments over the years are the legacy of the early
visionaries, including President Theodore Roosevelt and
congressional leaders who championed the passage of the
Reclamation Act for the purpose of developing communities and
economies in the Western United States.
SRP was formed in 1903 by a group of farmers who put their
land up for collateral to contract with the United States to
pay back the cost of the construction of Roosevelt Dam. Shortly
after the United States finished building Roosevelt Dam,
Secretary of the Interior Franklin Lane turned over operations
to these local farmers. Secretary Lane was a visionary who
recognized the value of delegating management decisions and
operations to local interests who are most familiar with on-
the-ground project conditions. He also provided the association
with the financial resources through the power revenues to get
the job done.
Currently, SRP manages seven dams and reservoirs which can
store approximately 2.3 million acre-feet of water. SRP is the
largest raw water provider in the Phoenix metropolitan area,
delivering about 800,000 acre-feet annually to our shareholders
and contractors. SRP is the largest not-for-profit, community-
based public power provider in the country, with a nameplate
generation capacity of approximately 15,000 megawatts,
including a portfolio of sources including hydropower, natural
gas, baseload coal, nuclear, geothermal, solar, wind, and
batteries, serving electricity to nearly 3 million people.
The project was built to address water and power challenges
in the extreme desert environment, where precipitation can vary
from year to year, and summer temperatures often exceed 110
degrees Fahrenheit. The next 100 years are expected to bring
even greater demands for water and power to the valley. SRP,
through continued collaboration with the United States and
regional partners, is developing multiple additions to the
Reclamation project to meet these challenges for the next
century. I would like to highlight a couple of those projects
for you today.
First, on the power side, our increased energy demand is
driven in part by rapid expansion of large energy customers
such as data centers and advanced manufacturing facilities. SRP
is exploring opportunities to use pumped storage hydropower to
make intermittent and low-cost renewable resources such as
solar more reliable. The project would act as a large battery
and allow SRP to use power generation during the day to pump
water to the upper reservoir and then release the water in the
afternoon and evenings to generate hydropower to meet peak
loads. SRP is uniquely situated with the topography and water
supply to support the project. The resource could provide up to
2,000 megawatts of power for 10 hours, enough for up to 500,000
homes.
On the water supply side, over the next 100 years the Verde
River watershed is expected to experience increased
precipitation variability, resulting in less frequent but
greater inflows into Bartlett and Horseshoe Reservoirs.
Currently, these reservoirs lack the capacity to fully capture
flood flows off the watershed, in part due to the loss of about
50,000 acre-feet of storage capacity due to sediment
accumulation since they were built in the 1930s and 1940s.
In response, SRP, Reclamation, and a group of 23 water
providers are partnering to complete a Federal feasibility
study to analyze options to address these challenges. Through
the Verde Reservoir Sediment Mitigation Project, the partners
are studying the feasibility of, among other options, enlarging
Bartlett Dam and Reservoir, which could more than double
existing capacity, adding 350,000 acre-feet of storage
capacity, enough to support 1 million American homes.
In conclusion, SRP has a long history of collaborating with
the United States and regional partners to develop reliable and
affordable water and power resources to serve our growing
communities in the desert Southwest. Such collaboration has
produced numerous accomplishments over the decades. The support
of Congress, Federal agencies, and regional partners will be
key to meeting the challenges of the next century and to
continue to fulfill the aspirations of the early visionaries of
the Reclamation program to build strong and resilient
communities.
Thank you, Chair Hageman, Ranking Member Hoyle, and members
of the Subcommittee for the opportunity to testify today. I
look forward to answering any questions you may have.
[The prepared statement of Mr. Sigl follows:]
Prepared Statement of Mr. Patrick B. Sigl, Director Water and Natural
Resources Law, Salt River Project
Chairman Hageman, Ranking Member Hoyle and members of the
Subcommittee, my name is Patrick Sigl and I am the Director of Water
and Natural Resources Law at the Salt River Project (SRP). Thank you
for the opportunity to testify today to provide SRP's perspective on
advancing federal water and hydropower development. SRP is responsible
for the care, operation, and maintenance of the Salt River Federal
Reclamation Project in Central Arizona (Reclamation Project), one of
the Nation's First reclamation projects authorized and constructed
under the Reclamation Act of 1902. SRP has a long history of
collaborating with the United States and regional partners to develop
reliable and cost-effective water and power resources to our fourishing
communities in the desert Southwest. SRP is the third largest not-for-
profit community based public power entity in the country, providing
reliable, affordable, and sustainable electricity to nearly 3,000,000
people in Arizona. SRP is also the largest raw water provider in the
Phoenix Metropolitan area. These accomplishments are the legacy of the
early visionaries including President
Theodore Roosevelt and Congressional leaders, including those on this
Committee, who championed the passage of the Reclamation Act for the
purpose of developing communities in the arid western United States.
I. The Salt River Project: The First 120 years
A. Introduction
The Salt and Verde Rivers presented significant reliability
challenges to Salt River Valley farmers in the 1890's. These challenges
centered around inconsistent weather patterns, periods of drought,
followed by flashy floods, followed again by drought. An abundance of
snowmelt and precipitation in the spring could inundate crops and
destroy diversion works. A subsequent dry period resulted in water
shortages when water was most needed for irrigation. These early Salt
River Valley irrigators, along with other western farmers, sought
assistance from Congress through the establishment of a Reclamation
Program to build water storage infrastructure, so water could be stored
when the system produced it, and used when it was needed.
Recognizing the need, Congress authorized the Secretary of the
Interior (Secretary) to construct the Salt River Federal Reclamation
Project as one of the first projects under the Reclamation Act of June
17, 1902. The Salt River Valley Water Users' Association (Association),
an Arizona Territorial corporation, was organized by landowners in the
Salt River Valley to contract with the federal government for the
construction of Theodore Roosevelt Dam on the Salt River, located some
80 miles northeast of Phoenix. In 1903, the United States Government
approved the Salt River reclamation project and agreed to finance and
build Roosevelt Dam for the Salt River Valley landowners. The dam would
create storage of water for irrigation of the Salt River Valley lands.
In exchange for pledging their land as collateral for the federal loans
to construct Roosevelt Dam, which loans have long since been fully
repaid, the Salt River Valley landowners received the right to water
stored behind the dam. The scope of the project was expanded by
acquiring the Arizona Water Company's canal system and constructing the
Granite Reef Diversion Dam below the confluence of the Verde and Salt
rivers. This provided a complete water delivery system from Roosevelt
Dam to the Salt River Valley farmlands.
Shortly after passing the Reclamation Act, Congress continued to
refine the authorities for reclamation projects to ensure their
success. In 1906, Congress enacted the Townsite Act that authorized the
Secretary to contract for the sale or lease of power generated by
federal reclamation projects. The receipts from the power contracts
would be deposited in the reclamation fund and credited toward the
repayment of the project from which the power was generated. Then, in
1914, Congress amended the Reclamation Act to authorize the Secretary
to transfer to a local water users' association the care, operation,
and maintenance of all or any part of a federal reclamation project
works, subject to rules and regulations prescribed by the Secretary.
Under the direction of Secretary Franklin Lane, the United States
used these authorities to execute an agreement with the Association
dated September 6, 1917 (the 1917 Agreement), wherein the United States
turned over and vested in the Association the authority over and
responsibility for the care, operation and maintenance of the
Reclamation Project, including the water storage reservoirs and water
delivery system, all water rights and power privileges, and the right
to receive all income from such power privileges arising from its
operation of the Reclamation Project. Through the 1917 Agreement, the
United States also conveyed to the Association its standing authorities
under the 1902 Reclamation Act, the 1906 Townsite Act and the 1914
Reclamation Extension Act to construct additional Reclamation Project
works, at its own cost, so long as such works do not impair or diminish
project efficiency, project adequacy or project purposes. The United
States continues to hold title to all Reclamation Project facilities
and maintains a supervisory role and regulatory authority over those
facilities.
Secretary Lane was a forward-thinking visionary who recognized the
value of delegating the decision making and implementation of
operations and maintenance of the Reclamation Project to local
interests, who are most familiar with on-the-ground Project conditions
and can best and most expeditiously make management and financial
decisions. The Reclamation Act already provided those landowners with
the foundation for constructing the infrastructure and acquiring and
utilizing the water rights. Secretary Lane took the revolutionary step
of providing landowners with the financial tools to succeed, namely the
power revenues. Using the authorities provided to it under the 1917
Agreement, including the authority to add water and power facilities to
the Reclamation Project at its own cost, and without the consent of the
government, SRP was empowered to manage both water and power resources
for the benefit of its shareholders, the Salt River Valley, and Arizona
more broadly.
To meet the water demands of Association shareholders and other
entities, SRP conjunctively manages six dams and reservoirs on the Salt
and Verde Rivers in the Gila River Basin, one dam and reservoir on East
Clear Creek in the Little Colorado River Basin, and 1,300 miles of
canals, laterals, ditches and pipelines to deliver water to
approximately 400 square miles of land in the greater Phoenix area. The
dam and reservoir system can store approximately 2.3 million acre-feet
of water runoff from the Salt and Verde River and East Clear creek
systems, making SRP the largest raw water provider in the Phoenix
Metropolitan area. The Association also operates over 270 wells located
within Reservoir District boundaries to develop underground water
supplies for the benefit of its shareholders.
Currently, SRP reservoirs supply water to more than 2 million
people in the cities of Phoenix, Mesa, Chandler, Tempe, Glendale,
Gilbert, Scottsdale, Tolleson, Peoria, and Avondale. SRP reservoirs
also provide water to irrigate agricultural lands, and for other uses
within the SRRD. In addition, SRP delivers water stored in Reclamation
Project reservoirs to the Salt River Pima-Maricopa Indian Community
(SRPMIC), Fort McDowell Yavapai Nation (FMYN), and Gila River Indian
Community (GRIC) under the terms of their respective water rights
settlement agreements. Additional users of the reservoir water are
Buckeye Irrigation Company, Roosevelt Irrigation District, Roosevelt
Water Conservation District, and others.
Over the last 120 years, SRP grew not only to be the largest raw
water provider in Central Arizona, but developed a public power utility
to provide reliable, affordable, and sustainable power. In 1937, the
Salt River Project Agricultural Improvement and Power District
(District) was organized under Arizona law for the purpose, in part, of
financially supporting the Association. The District assumed the
obligations of the 1917 Agreement pursuant to a 1937 contract between
District and the Association. The District and the Association continue
to collaboratively operate the Reclamation Project with the District
leading on electrical energy generation, transmission and distribution.
Through the District, SRP has become the third largest not-for-profit
community based public power utility in the country providing
electricity to nearly 3 million people in Arizona. SRP has a diverse
energy portfolio that includes nuclear, solar, wind, natural gas,
battery storage, coal, geothermal, and hydropower.
B. Construction of Reclamation Project Reservoirs and Hydroelectric
Power Generating Facilities
The United States, through the Reclamation Service (the predecessor
of the Bureau of Reclamation (Reclamation)) and SRP collaborated to
develop the Reclamation Project water storage reservoirs and associated
hydroelectric power facilities. These hydroelectric power facilities
were the cornerstone of SRP's energy portfolio and served the power
needs of the Phoenix metropolitan area and beyond. Roosevelt Dam is
located at the confluence of Tonto Creek and the Salt River about 80
miles northeast of Phoenix in Gila and Maricopa counties. Construction
of Roosevelt Dam, the first in the Reclamation Project and the largest
masonry dam in the world, began in 1903 and concluded in 1911. Water
was first stored behind the dam in 1910. In addition to water storage,
the project included a hydroelectric plant, transmission lines,
groundwater pumping stations, two concrete diversion dams, over a
hundred miles of roads, two miles of tunnels, bridges, buildings,
levees, telephone lines, and many miles of Valley canals purchased from
private companies.
The generation of hydroelectric power made possible by the
completion of Roosevelt Dam was critical to the continued viability and
success of the Reclamation Project. As the 1917 Agreement had
contemplated, hydropower was the first and most essential tool
developed by the Association to meet its repayment obligations to the
government. And the Association's development of hydropower was crucial
to the economic development and viability of the Salt River Valley more
generally. Between 1900 and 1910, Phoenix's population doubled to
11,000 residents. The Valley's urban center continued to develop
commercially. Copper mines, newspapers, laundries, hotels, flour mills,
meat packers, machine and lumber companies, processing plants, and
other businesses associated with agriculture continued to locate in the
Valley. All required electrical power. Accordingly, the Association
looked to expand the Project's hydroelectric power generation capacity.
In 1922, C.C. Cragin, Chief Engineer of the Association, and others
completed a detailed study, titled, ``Report on Proposed Additional
Hydro-Electric Power Development of the Salt River'' (the Cragin
Report). Among other recommendations, the Cragin Report proposed that
the Association build a series of dams below Roosevelt to be used for
hydroelectric power production. Following the recommendations of the
Cragin Report, and pursuant to the authority conferred on SRP to fund
and construct additional Project works under the 1917 Agreement, SRP
built three additional dams in the 1920s on the Salt River below
Roosevelt Dam--Mormon Flat Dam (Canyon Lake), Horse Mesa Dam (Apache
Lake), and Stewart Mountain Dam (Saguaro Lake). These dams increased
the water supply available to SRP and, as envisioned by the Cragin
Report, provided additional hydropower production.
In response to increasing power demands in the late 1960s and early
1970s, SRP made a significant investment to expand and upgrade these
Salt River reservoir hydropower generation facilities. Beginning in the
early 1940s, the Association realized that twenty-five cycle electrical
power (compared to sixty cycle) was becoming obsolete. Twenty-five
cycle power produced a perceptible flicker in lighting and cost the
consumer more in electrical equipment. In response, SRP implemented its
Hydro Expansion and Frequency Unification Project (HEFU) from 1969 to
1973. Through the HEFU Project, SRP, at its own cost, upgraded the
Mormon Flat, Roosevelt, and Horse Mesa generation facilities to sixty
cycle electrical power and installed pump back hydroelectric power.
These upgrades increased the hydroelectric capabilities by providing a
more dependable power load.
In addition to the Salt River, the Secretary withdrew land from the
public domain along the Verde River in 1903 and 1904 for the purpose of
constructing irrigation facilities for SRP. Using this withdrawn land,
Bartlett Dam was constructed in the 1930s and Horseshoe Dam, upstream
from Bartlett, was completed early in 1946. Both dams represent a
commitment by the Reclamation Project to develop water supplies for use
by both SRP shareholders and non-SRP shareholders, including the Salt
River Pima Maricopa Indian Community, the City of Phoenix, and regional
mining interests. Another dam, C.C. Cragin Dam and Reservoir, was added
to the system Reclamation Project by the Arizona Water Settlements Act
of 2004 (Public Law 108-451). C.C. Cragin Reservoir is located on upper
East Clear Creek in the Little Colorado River watershed and has a
capacity of 15,000 AF. Water stored in C.C. Cragin Reservoir is pumped
over the Mogollon Rim into the East Verde River. Since the completion
of the dams, SRP's reservoirs have continuously provided water and
hydropower for use by Association shareholders and contractors in the
Salt River Valley.
Roosevelt remains the cornerstone of SRP's storage system. The
storage capacity in Roosevelt (1,653,043 AF) represents 71 percent of
the total SRP surface water storage. As originally constructed,
Roosevelt Dam was 280 feet high and had a water storage capacity of
1,284,205 AF. Capacity slightly increased and decreased over time as
the spillway was modified and silt accumulated. As part of the United
States work to complete the Central Arizona Project, from 1989 through
early 1996, Reclamation undertook a $430 million modification, raising
Roosevelt Dam 77 feet in elevation and creating three distinct storage
pools. The modification increased the water conservation storage
capacity by 20%, added 556,000 AF of dedicated flood control space
(FCS), and 1,220,000 AF of Safety of Dams (SOD) surcharge capacity to
address dam safety concerns. The new conservation space was dedicated
to storage capacity for regional cities who appropriated water rights
under state law to use outside the Reservoir District boundaries.
Raising Roosevelt Dam also necessitated a key environmental
compliance commitment by SRP. Once construction of Roosevelt Dam was
complete, environmental conservation groups raised concerns that SRP's
operations of the modified reservoir were impacting threatened and
endangered species protected under the Endangered Species Act (ESA). In
response, SRP worked with the U.S. Fish and Wildlife Service (FWS) to
develop a habitat conservation plan and received an incidental take
permit under Section 10 of the ESA to mitigate the impacts of reservoir
operation and maintenance activities on protected species. Section 10
of the ESA provides nonfederal actors with the legal means of avoiding
unauthorized ``take'' of listed species while implementing protective
species conservation measures. Pursuant to the 1917 Agreement, SRP, a
nonfederal entity, is vested with the authority and responsibility for
care, operation and maintenance of the Reclamation Project works,
including project reservoirs. In approving SRP's Roosevelt Habitat
Conservation Plan and issuing the associated incidental take permit,
the FWS and Reclamation both recognized that SRP was responsible for
Roosevelt operations and, ultimately, for species effects, including
``take'', associated with those operations. SRP also obtained such ESA
Section 10 ``take'' coverage for its operations and maintenance
activities for the Verde River Reservoirs.
II. Salt River Project Today and through the Next 100 Years
SRP and other reclamation projects were built to provide reliable
water and power resources in arid areas of the United States--but the
need for such resources is more profound today than it was in 1902 when
Congress created the Reclamation program. The visionary C.C. Cragin
Plan that SRP implemented in the 1920s enabled SRP to develop the
hydroelectric power resources that led to the success of the
Reclamation Project over the last century. Development of water storage
infrastructure on the system helped meet demand for SRP's shareholders
and regional partners. The next 100 years are anticipated to bring even
greater demands for water and power in the Salt River Valley. SRP, in
collaboration with the United States and regional partners, is
developing multiple infrastructure projects to meet these challenges
for the next century.
A. Salt River Pumped Storage Project
SRP's power resource challenges are significant. SRP's system is
located within the Western Interconnection where current resource
plans--including SRP's own Integrated System Plan--forecast
unprecedented load growth over the next decade, driven in part by rapid
expansion of large energy customers, such as data centers and advanced
manufacturing facilities. Temperatures in SRP's service area routinely
exceed 110 F in the summer. These conditions produce SRP's highest
annual system demand. For instance, last year SRP set a new system peak
record, over 8,200 MW on August 4, 2024. SRP's peak demand is expected
to grow to nearly 8,500 MW for the upcoming summer 2025 and to more
than 11,000 MWs by the summer of 2030. To meet these demands, SRP is
making transformative changes to its power generation resource
portfolios and its capacity to store energy for long periods of time.
Pumped-storage hydroelectricity is such a resource, providing 10+ hours
of energy storage by moving water between two reservoirs at different
elevations.
Pumped-storage hydro generation allows water to be pumped by
hydropower turbines from a lower reservoir during times when power
supplies are in excess and stored for later use. When power demand is
high, the water is released from the upper reservoir through hydropower
turbines on its way back to the lower reservoir, thereby generating
electricity. Pumped storage facilities act as large batteries, taking
advantage of excess power, water supplies, and elevation differences to
meet peak demand. SRP is uniquely situated to use its water and
infrastructure resources to take advantage of an abundant local natural
resource--sunshine--to meet its increasing power demands.
The proposed Salt River Pumped Storage Project would expand SRP's
current hydroelectric generation capacity by adding a new upper
reservoir to pair with Apache Lake, in eastern Arizona, as an existing
lower reservoir. The upper reservoir and associated power generation
infrastructure, including powerhouse, tunnels, and transmission
facilities could provide up to 2000 MWs of long duration energy
storage, enough power for up to nearly 500,000 homes. The long asset
life of 100 years, low degree of major replacement and upgrades over
the course of its useful life, and the relatively low operating and
maintenance costs (taking advantage of low-cost solar power), combined
with operating flexibility for supporting grid reliability, make pumped
storage a compelling option to add to SRP's resource portfolio.
Developing additional pumped storage technology brings the Salt
River Project full circle. The purpose of the Reclamation Act was to
develop infrastructure to make water supplies from western river
systems more reliable--i.e. store water when mother nature provides it
for later use when its needed. Pumped Storage technology fulfills the
same purpose for power resources--i.e. such technology allows the
operator to store power when mother nature provides it through sunshine
and wind for later use when its needed. The technology to meet those
two purposes, over 100 years apart, is the same, and SRP is uniquely
situated to deploy it.
B. Verde Reservoirs Sediment Mitigation Project
Over the next one hundred years, the Verde River watershed is
expected to experience increased precipitation variability and higher
temperatures resulting in less frequent but greater inflow volumes into
Bartlett and Horseshoe reservoirs (Verde River reservoirs). Currently,
the Verde River reservoirs are undersized in capacity to fully capture
flood flows off the Verde River watershed. In 2023, SRP had to release
water from Bartlett as the reservoir reached capacity due to heavy
winter precipitation in the Verde watershed. The water SRP released
from the Verde River reservoirs during that period could have supplied
over 1 million households with water for an entire year. In addition to
the changing precipitation regime, SRP must contend with the sediment
impact of over eight decades of Verde River reservoirs operation. In
flows from the Verde River watershed carry significant sediment loads
that have accumulated in the reservoirs reducing the maximum water
conservation capacity (by approximately a 36,000 acre-feet (AF) in
Horseshoe Reservoir and approximately 15,000 AF in Bartlett). These
impacts will continue in the future.
The reduction in inflow frequency and loss of Verde River
reservoirs' storage capacity create challenges for SRP to manage these
water supplies for central Arizona. The carryover storage capacity in
SRP's reservoirs will be critical to successfully adapting water
management practices to prepare for the future. Recognizing this, SRP,
along with a group of 23 water providers, including tribal,
agricultural, and municipal organizations, have partnered with
Reclamation to explore solutions through a federal feasibility study,
the Verde Reservoirs Sediment Mitigation Project (VRSMP). The purpose
of the VRSMP is to study the feasibility of increasing surface water
yield from the Verde River reservoir system by, in part, constructing
an enlarged Bartlett Dam and Reservoir that would restore lost storage
capacity from sediment accumulation at Horseshoe Reservoir and provide
additional, new storage space. The feasibility study is also examining
approaches for mitigating future reservoir sediment accumulation. The
VRSMP, if approved by the Congress at the conclusion of the study,
would aid significantly in ensuring future water supply resiliency for
the region.
An expanded Bartlett Dam and Reservoir is one proposed alternative
that will be evaluated through the feasibility study. The enlarged
Bartlett Reservoir would increase the current total water storage
capacity on the Verde River by about 350,000 AF, enough to support an
additional 1 million Arizona homes, and more than double existing
capacity.
Central Arizona water users primarily rely on surface water from
the Salt, Verde, and lower Colorado rivers, groundwater, and treated
effluent. Changes or variations in the availability of lower Colorado
River water supplies and groundwater resulting from, among other
things, extended drought highlight the need for maintaining the
resiliency of the water supplies from the Verde River. Constructing a
larger storage facility on the Verde River would benefit Arizona water
users through the provision of additional water supplies, where dam
safety, flood control, recreation, fish, and wildlife are potential
incidental benefits.
C. SRP-CAP Interconnection Facility
SRP and CAP, along with 12 municipal water providers, are exploring
the potential for an interconnection project that would allow non-SRP
shareholder water stored in Reclamation Project reservoirs and
underground storage facilities to be transported into the Central
Arizona Project canal and delivered to water users outside the Salt
River Reservoir District. The proposed SRP-CAP Interconnection Facility
(SCIF) would mirror the existing interconnection between the CAP and
SRP systems that enables CAP water to be transported into SRP's canal
system for delivery. The SCIF would permit certain non-SRP shareholder
supplies to be transported into the CAP canal and enable innovative
exchange opportunities with downstream CAP water users. The proposed
interconnection would also enable strategic recharge and direct
delivery opportunities for SRP generating stations located in Pinal
County.
The SCIF would increase the use of existing infrastructure,
including the CAP, and provide additional flexibility for coordinated
operations between two of the largest water providers in the state.
Above all, the facility provides resiliency for municipal providers in
central Arizona during periods of severe shortage in the Colorado River
basin.
D. Planned Deviation to the Modified Roosevelt Water Control Manual
Expected increased temperatures and higher precipitation
variability on the Salt and Verde River watersheds--resulting in drier
dry periods and wetter wet periods. Successful water management of
these watersheds will require that operations of existing water
infrastructure to be adaptable to changing drought and precipitation
patterns to meet the water resource needs of Central Arizona.
When the United States raised Roosevelt Dam on the Reclamation
Project in the mid-1990s, 24 feet of the dam raise was dedicated to
flood control under the Flood Control Act of 1944 under the
jurisdiction of the U.S. Army Corps of Engineers (USACE). SRP, USACE,
and Reclamation developed an agreement and water control plan in 1996
where SRP agreed to evacuate water entering the flood control space
within 20 days of it entering such space to protect downstream lands
and infrastructure from flooding. Such agreement allowed for future
planned deviations from the water control plan.
As a water management measure, SRP, along with other water users on
the Salt River, sought such a planned deviation to evacuate the water
over a longer time period, while maintaining the safety of Roosevelt
Dam and downstream communities. In June, 2024, the USACE approved SRP's
proposal to temporarily extend the amount of time SRP must evacuate
water from a portion of the Flood Control Space from 20 days to 120
days. The plan, which would authorize the temporary extension to occur
once a year for three out of the next five years, will allow farms and
communities downstream to use the water and reduce releases of flood
water from Roosevelt Dam into the normally dry Salt River. The Plan
could allow SRP to deliver up to 109,000 acre-feet per year in those 3
years to water users that have rights to such water and could support
about 330,000 households in the Phoenix metropolitan area for a year.
The supplies made available during flood periods will help reduce
groundwater use and supplement supplies for communities impacted by
Colorado River shortages.
The USACE and Reclamation determined the plan would have no adverse
impact on the safety of Roosevelt Dam or downstream communities. The
proposal is the result of a collaborative effort between SRP,
Reclamation, USACE, FWS, the Forest Service, and a consortium of local
cities, tribes, and agricultural districts. Over the five-year period,
SRP and partners will review the value of the revised operation to
determine if requesting a permanent change to flood operations is
warranted.
III. Conclusion
SRP has a long history of collaborating with the United States and
regional partners to develop reliable and cost-effective water and
power resources for our growing communities in the desert Southwest.
Such collaboration has resulted in numerous accomplishments over the
decades. The challenges ahead are significant. SRP is located in one of
the hottest and dryest parts of the United States. Our community is
fortunate to have a robust economy that drives growth and demand for
water and power. The support of Congress, the federal agencies, and
regional partners will be key to meet the challenges of the next
century which will include collaborating to develop new water and power
infrastructure. Based on Federal workforce resources and capabilities,
it would be very helpful to empower SRP to timely proceed with
development, including design, construction, environmental and cultural
reviews and permitting. We look forward to meeting the expectations set
by the early visionaries of the Reclamation program to build strong and
resilient communities.
______
Questions Submitted for the Record to Patrick Sigl, Director of Water
and Natural Resources Law, Salt River Project
Questions Submitted by Representative Maloy
Question 1. Can you explain the importance of maintaining and
enhancing Glen Canyon Dam generation to SRP?
Answer. Dear Congresswoman Maloy: Thank you for your service on the
House Natural Resources Subcommittee on Water, Wildlife and Fisheries
and for your question following the April 30, 2025, ``Advancing Federal
Water and Hydropower Development: A Stakeholder Perspective'' hearing.
We appreciate the opportunity to provide Salt River Project's (SRP)
perspective and elaborate on the importance of maintaining and
enhancing Glen Canyon Dam hydropower generation.
SRP receives hydropower from Glen Canyon Dam under two agreements.
First, SRP holds a preference power contract under the Colorado River
Storage Project Act of 1956 (CRSP Act). In addition, SRP is entitled to
hydropower generated at Glen Canyon Dam under a power exchange
agreement with the Western Area Power Authority (WAPA). In the 1960s,
SRP and Reclamation collaborated on an innovative power exchange
agreement that helped SRP meet increasing power demands in the Salt
River Valley and Reclamation to meet power delivery responsibilities
under the CRSP Act. Congress enacted the CRSP Act to authorize
construction of a series of dams, reservoirs, and hydroelectric power
plants to store water and generate hydropower for use across the Upper
Colorado River Basin (Colorado, New Mexico, Utah, and Wyoming).
Reclamation was responsible for constructing the reservoirs and
electric transmission systems to deliver the electricity to the
intended beneficiaries. Under the exchange, SRP, in collaboration with
other utilities, built power generation facilities in Colorado and New
Mexico to deliver power to intended CRSP Project beneficiaries in
exchange for receiving hydropower generated at Glen Canyon Dam. The
innovative exchange saved Reclamation the expense of building
additional power transmission systems in the Upper Basin to serve CRSP
Project beneficiaries. Congress established WAPA in 1977 which took
over implementation of the exchange with SRP. Under these authorities,
SRP is entitled to 350 MW of hydropower directly from Glen Canyon Dam
and over 600 MW pending the availability of transmission capacity. SRP
is one of over 170 entities that receive hydropower from facilities
constructed under the CRSP Act, including Glen Canyon Dam. These
entities include electric cooperatives, municipalities, irrigation
districts, publicly owned facilities, state and federal agencies, and
tribes.
Hydropower generation from Glen Canyon Dam is an important resource
for SRP to meet summer peak capacity, a key driver of SRP resource
needs. SRP's system is located within the Western Interconnection where
current resource plans--including SRP's own Integrated System Plan--
forecast unprecedented load growth over the next decade, driven in part
by rapid expansion of large energy customers, such as data centers and
advanced manufacturing facilities. Temperatures in SRP's service area
routinely exceed 110 F in the summer. These conditions produce SRP's
highest annual system demand. For instance, last year SRP set a new
system peak record, over 8,200 MW on August 4, 2024. SRP's peak demand
is expected to grow to nearly 8,500 MW for the upcoming summer 2025 and
to more than 11,000 MWs by the summer of 2030. Without maintaining and
enhancing the Glen Canyon hydropower resource, there is a risk that the
power exchange resources could become stranded in Colorado, resulting
in significant reliability and financial risks to more than 3 million
SRP customers in central Arizona.
Glen Canyon hydropower also plays an integral role in grid
reliability. Hydrogeneration is one of the system's most reliable power
sources, with the least exposure to non-policy availability
disruptions, including weather events, fuels disruption, and auxiliary
system issues. Particularly in high-demand times of the year,
hydropower from Glen Canyon can also materially influence regional
power market dynamics, and any decrease or absence thereof may
challenge SRP and others to procure adequate capacity for emergency
system needs, at significant added expense, on the day-ahead or real-
time markets. Hydropower generation at Glen Canyon Dam is a clean and
renewable dispatchable resource that reliably generates power during
these difficult hours. Moreover, Glen Canyon hydropower complements the
increasing amount of solar generation on the system as it produces
energy in the critical late afternoon and evening hours when solar
generation fades. Such dispatchability is critical to preserve during
Glen Canyon Dam bypass operations. There is a cost to SRP customers
during any such curtailments, but even more importantly, the risk to
grid reliability greatly increases during these critical hours.
Concurrently, the generation resource needs of SRP and the western
power grid at large are increasing at an extraordinary rate, and the
grid currently lacks surplus capacity due to load growth, resource
retirements, and delays in replacement resources created by supply
chain and other challenges. Arizona and the Desert Southwest continue
to attract and support emerging industries vital to national security
and self-sufficiency, including domestic semiconductor manufacturing,
data centers, and critical mineral resources, largely due to its
reputation for power grid reliability. Glen Canyon Dam hydrogeneration
is part of a diverse and dynamic regional power portfolio that will
allow the United States to maintain its strategic edge in the 21st
century.
SRP appreciates continued Congressional efforts to support the
pragmatic balancing of Glen Canyon hydrogeneration with compliance
needs for sensitive fish species downstream, displayed in H.R. 1001 and
reflected in the Basin Fund Preservation Act (S. 887) cosponsored by
Senators Lee and Curtis. Interior's ability to strike a well-informed
balance and mitigate associated impacts to Glen Canyon hydropower and
the Upper Colorado River Basin Fund is vitally important. The Glen
Canyon Dam Adaptive Management Program makes recommendations to the
Interior Secretary, who retains decision-making authority for
experimental dam releases; the stated goal of Glen Canyon's Long-Term
Experimental and Management Plan (LTEMP) relating to the hydropower
resource is to ``maintain or increase Glen Canyon Dam electric energy
generation . . . to the greatest extent practicable.'' \1\ It is
vitally important that the United States maintains and enhances
hydropower generation at Glen Canyon Dam, both for SRP and the broader
region.
---------------------------------------------------------------------------
\1\ Record of Decision for the Glen Canyon Dam Long-Term
Experimental and Management Plan, Final Environmental Impact Statement,
Attachment A: Objectives and Resource Goals of the LTEMP, Page A-2.
---------------------------------------------------------------------------
Thank you again for the opportunity to participate in this hearing
and provide insights into this important matter. Please reach out to me
if you desire any further information.
______
Ms. Hageman. Thank you. I would encourage you to look at
the pathfinder enlargement that was done several years ago, in
order to reclaim the capacity lost to sedimentation there. I
believe it was 56,000 acre-feet that was reclaimed just by
increasing the height of that dam. So there are definitely some
other projects out there where that has worked.
I want to thank all of the witnesses for your testimony,
and I will now recognize members for 5 minutes each for
questioning. I am going to begin with myself.
Mr. Webb, as you can imagine, I want to talk to you about
what is going on in our area. And in your testimony you
highlighted the importance of the Columbia River System as an
energy source in the Pacific Northwest. One specific issue you
raise is the debate around the Lower Snake River dams. Last
Congress many of our members were involved in oversight efforts
to push back on the Biden administration's efforts to undermine
this important resource. What can Congress do as we move
forward to ensure that these dams are protected?
Mr. Webb. Thank you, Chair, and Congress is the key. You
guys hold the keys to whether or not dams are removed. You
authorize dams being put in. So nothing can be done unless it
is authorized by Congress. So our hope is that Congress will be
on our side and we won't tear out dams. It is critical that we
hang together and we do that.
We can support salmon, and that is very important to me,
but we can also have the dams and electricity, and both can co-
exist.
Ms. Hageman. I would imagine that Spain, Portugal, and
France really wish they had hydropower backup right now in
light of what has been demonstrated this week with the fallacy
of wind and solar. So I agree with you about the importance of
these resources.
You also referenced the 2020 biological opinion that was
completed in President Trump's first term, which concluded that
breaching these four dams was not an option, and noted that the
dams are managed to benefit fish populations in the basin. Can
you share your perspective on how this existing infrastructure
and salmon populations can co-exist?
Mr. Webb. They can, and a lot is done to protect the
salmon. The most important probably is the flow regime. So
water is released--or we call it spill--to allow the small
smelt to get down the river and make the trip quicker. And a
higher survival technology is used for weirs and for the blades
to make them more fish friendly, ladders are there. So
significant investments been made to protect the salmon. And
like I mentioned, the runs, especially this last year, are
threefold what they were before the dam.
So we are having success. There is more we need to do, but
we also need to focus on the non-dam-related issues with salmon
like the predators, like the ocean conditions. And so there is
a lot that we need to look to, but we are very committed to
protect the salmon. That is very important to us.
Ms. Hageman. OK. Thank you, Mr. Webb.
And Mr. Haswell, I was fascinated to look at the
information that you are providing. I think that this has great
promise to be able to meet the demand of the State of
California. California has the same water infrastructure in
place today with 40 million people as it had in the 1960s with
16 million people. It is clear that the leadership out there
has failed to provide the water infrastructure necessary to
meet the demand of those citizens.
And we know that demand for water and power resources is
expected to surge in the coming years. In fact, we demand more
electricity every day than we did the day before. We need more
energy every single day than we need the day than we needed the
day before. And we know that there are new technologies and new
approaches that are available, and they are going to be key to
meeting that demand. Can you talk about the opportunity that
new technologies like OceanWell can help increase water
reliability across the West?
Mr. Haswell. Certainly. Thank you for the question.
OceanWell is able to generate a new source supply that
comes from the ocean, comes from regions not currently tapped,
and which avoid a lot of the challenges of drought, drought
resilience and the other hazards that prevent existing
supplies. It is modular, scalable. Nature also means that we
can expand the volume and production that comes from a water
farm, as we describe it, as demands prevail and increase for
those given communities.
Ms. Hageman. Are you doing a pilot project right now?
Mr. Haswell. We are. We are doing a pilot project in Las
Virgenes Municipal Water District, actually in an inland body
of water in their reservoir. And the reason for that is simply
that that water is dirtier, and so a more taxing test on our
intake systems and our self-cleaning systems.
Ms. Hageman. I would love to come and visit that. I would
like to see that.
Mr. Haswell. We would love to host you.
Ms. Hageman. Thank you. And you mentioned in your testimony
that Congress could further support public-private partnerships
like yours by streamlining the Federal permitting processes.
Can you expand on the importance of permitting reform to
solving some of these issues?
Mr. Haswell. Absolutely. We have permitting experts within
our organization. I would love to have them supplement our
testimony to speak specifically to that.
But as a general point, ensuring anything, any programs
that envisage traditional desalination also envisage and factor
for new technologies, and specifically deep ocean desalination,
would be enormously helpful for our ability to bring this
technology on stream and provide new supplies.
Ms. Hageman. Well, I am out of time for my questioning. We
definitely will follow up in terms of working with you on this
permitting reform. It is a priority of Chairman Westerman's. It
is a priority of many of the people on this Committee. I think
it is critical to the future of being able to provide water and
energy to the citizens of this country. So thank you.
The Chair now recognizes Mr. Huffman for 5 minutes of
questioning.
Mr. Huffman. Thank you, Madam Chair, and I appreciate the
fact that several of our witnesses got us into a really
interesting conversation about innovation and how that can lead
us forward in places like California, especially. I appreciated
the witness from Salt River talking about the pump storage and
other innovative strategies you have been pursuing and your
leadership there.
And we have got some things that we can disagree about
Lower Snake River and other matters, but I want to talk with
you, Mr. Haswell, about this intriguing technology that you are
working on, because I have been working on desalination and the
challenges to cost-effective, scalable desal for a long time,
going back to my time in the California legislature. And I
remember many years ago working with Long Beach on using maybe
offshore drilling platforms, especially as they were
decommissioned, but as the infrastructure for something exactly
like what you are talking about, going down far enough that the
hydrostatic pressure would solve the energy challenge of desal,
40 percent of the cost. That would be fantastic if we could do
that at scale.
And the technology that you showed us and talked about
seems pretty exciting. But I have seen so many of these things
come and go, and never quite make it out of the valley of
death. Tell me why yours might be an exception to that.
And I noted in your testimony that public-private
partnerships including with Las Virgenes and some of the others
you have mentioned, but also the Bureau of Reclamation and some
grant funding from the Federal Government, which I presume came
from the historic Western water infrastructure investments we
put in place a few years ago. Talk about why that is really
important for your ability to make it out of the valley of
death.
Mr. Haswell. Thank you, Congressman, for that question.
In one word, collaboration. We recognize the technical
challenges, which over the last 7 years we have worked pretty
hard to answer the challenges of conventional desalination. But
we have also engaged all stakeholders very early on. About 4
years ago we started a fairly extensive outreach program to
surface any questions, challenges, or issues of deploying this
technology. And so far we have been met with a generally
positive response that this solves the needs that conventional
desalination may not always meet, and so is a viable new
pathway.
Mr. Huffman. Does your technology use, like, abandoned rigs
or things like that, or do you have your own standalone
infrastructure?
Mr. Haswell. So the intention is to build our own
standalone infrastructure in what we describe as a water farm.
There is a possibility to use pre-existing infrastructure,
especially insofar as there may be pre-existing shore crossings
or sub-sea electrical systems that are already at distance to
depth. Those we look at on a case-by-case basis.
Mr. Huffman. Could you use offshore wind infrastructure,
for example?
Mr. Haswell. Potentially.
Mr. Huffman. They are floating on the West Coast, I know,
so it is complicated.
Mr. Haswell. Yes, there is a technical challenge in that
windmills or turbines are at the surface. We are 1,500 feet
below, so you need a dynamic umbilical. But it is solvable by
engineering. So conceivably, yes.
Mr. Huffman. Fifteen hundred feet is the point at which you
have got the hydrostatic pressure you need?
Mr. Haswell. That is correct.
Mr. Huffman. I assume it is a very low volume intake, so
entrainment and impingement would not be an issue?
Mr. Haswell. Correct. We have an entire subsystem which
makes up a large amount of our intellectual property, which is
labeled our LifeSafe crossflow intake, which is tasked entirely
with bringing in water without damage to the marine
environment.
Mr. Huffman. Have you done any studies on sort of the
outfall side at the top? It looked like in your technology, the
brine concentration.
Mr. Haswell. The design of the system has been informed by
what we call low recovery brine outfall targets, so a
conventional desalination system will target a recovery rate of
fresh potable water at 50 percent. Ours is 15 percent, and the
reason for that is because we exist where we do in the deep
ocean, we have unlimited free source water and pressure, so we
don't need to optimize for recovery rates. We can optimize for
minimal brine impact, and so our outfall is slightly a benign
brine, in essence.
Mr. Huffman. Super interesting. I would love to learn more
about it, and I appreciate your testimony.
I yield back.
Mr. Haswell. Thank you for your question.
Ms. Hageman. Thank you, and the Chair now recognizes Mr.
McClintock for 5 minutes of questioning.
Mr. McClintock. Thank you, Madam Chairman.
In 1959 the California legislature passed the Burns-Porter
Act. It included a water bond of $1.75 billion. Inflation
adjusted, that would be about $19 billion in today's dollars.
And with that we built 10 storage dams, 11 auxiliary dams that
store 7 million acre-feet of water and generate 3,000 megawatts
of electricity. And with what was left over we built the entire
California Aqueduct.
Now, since 2000 California voters have approved not $19
billion of water bonds, but $37 billion of water bonds, all
promising to enhance California's water supply. And yet not a
single major reservoir of over a million acre-feet has been
constructed in California. One of the most water-abundant
regions of our country now suffers from chronic water
shortages, even in years of record rainfall. In fact, water
bonds approved by voters with the promise they would be used
for new water storage have instead been used to tear down
existing dams.
Now, I listened to the Ranking Member's comments about the
need to invest in bureaucracy. Not once did he mention the need
to build new reservoirs and aqueducts, because, of course, he
and his cohorts have blocked their construction in California
for decades.
Merely completing the Shasta Dam would mean another 9
million acre-feet of water storage. Completion of the abandoned
Auburn Dam would mean another 2.3 million acre-feet of water
storage, 800 megawatts of hydroelectric power, 400-year flood
protection for the Sacramento Delta, and a major new
recreational lake serving the entire region. But the Ranking
Member has instead proposed withdrawing Federal authorization
for that dam. Now, you add the Sites, Temperance Flats, Los
Vaqueros, that would add several million acre-feet more of
additional water storage. In the case of Temperance Flats,
additional flood control that is desperately needed for the
Central Valley.
Mr. Webb, isn't it obvious that our now chronic water
shortages in the West are not because of a shortage of water,
or a shortage of money, or a shortage of dam sites? So what is
the problem?
Mr. Webb. Well, thank you. And I think it is a matter of
being innovative and making the right investments. Everything
we do has an environmental impact, but we have to balance that
with making new investments.
In our small cooperative, we have tried to do things. We
put in our own facility on a dam that was existing on a creek,
and we produce power there now. We are actively trying to, on
another Federal dam, install hydroelectric there. But I think
it is a matter of investment, being innovative.
Mr. McClintock. But investment that makes sense.
Mr. Webb. Yes.
Mr. McClintock. That actually stores additional water.
Mr. Sigl, what are your thoughts? Is this a shortage of of
money, dam sites, or water, or is it a shortage of political
will to build the kind of projects that we rely upon still
today for our water supply?
Mr. Sigl. No, thank you for the question. And the Salt
River Project, we have been developing infrastructure and water
for 120 years in hydropower. And it has been a commitment of
both the Federal Government, the Salt River Project as the
local operator, and various regional partners all along the
way. So I think you are right, making those common-sense
investments, having the will to proceed with them, analyzing
the environmental risks that go with them in the modern era are
very important for all of us to collaborate as we meet these
challenges in the future.
Mr. McClintock. Ultimately, doesn't this come down to a
question of abundance and shortage, and that the politicians
who have had their way over our water policy for the last
generation have deliberately chosen shortage?
Mr. Webb. Again, I think there is different perspectives in
the different regions that you look at. I know, from the Salt
River Project's perspective, we have been able to develop the
infrastructure over the years. And as I highlighted in my
testimony, we are working on raising Bartlett Dam.
Mr. McClintock. You haven't had to deal with the kind of
lunacy in public policy that we just heard from the Ranking
Member.
Do you think it would be helpful to streamline the process
for new dam construction, put the Bureau of Reclamation in
charge of all Federal permitting agencies, require the
permitting process to run concurrently, not consecutively, and
put a 2-year time limit on that process?
Mr. Webb. If you are referring to some of the amendments in
the Fiscal Responsibility Act to NEPA, yes, we are very
supportive of those. We have got several NEPA processes that we
are embarking on. Typically, on our reclamation project,
Reclamation is the lead agency, and I think some of those
streamlining effects will be very helpful as we proceed with
our projects.
Mr. McClintock. I see my time has expired. Thank you.
Ms. Hageman. Thank you, Mr. McClintock, and the Chair now
recognizes Ms. Hoyle, the Ranking Member, for 5 minutes of
questioning.
Ms. Hoyle. Thank you, Madam Chair.
First of all, Mr. Sigl, I was very happy to hear you talk
about the opportunities that we have with pumped storage for
energy production. Our local and international plumbers and
pipefitters unions are really leaning in on this. These are
good jobs. It is clean energy. And it is, again, the type of
public-private partnership and innovation that we should be
investing in. So thank you for that.
For Ms. Bushman, the Bureau of Reclamation, the power
marketing administrations, and NOAA are essential for providing
water to communities, keeping the power grid reliable, and
forecasting weather conditions across the West which are
critical for our farmers, for our fishermen, and certainly for
wildfire management. How has staffing and funding instability
affected their ability to deliver on these vital services, from
your perspective?
And what long-term challenges could these disruptions
create for maintaining critical public services across the
West?
I know what I have heard in my town halls from my local
fishermen and foresters and Tribes, but from your perspective.
Ms. Bushman. Thank you.
Our States are still at the beginning of this experience.
So I think that, as the experience goes on, that the problems
are going to be compounded. Initially, a lot of these programs
and offices are run on shoestring budgets, as it is. A lot of
them are understaffed. And reducing the staffing and closing
the local offices is going to decrease their ability to engage
with the States and provide the data that is needed in order to
make decisions both in terms of seasonal droughts, as well as
disaster responses for wildfires and other issues.
Ms. Hoyle. Yes, the biggest thing we are concerned about is
disaster response. And again, our fishermen put their lives on
the line when they go out. And if they don't have access to
what kind of weather is going to be happening, people die. And
we feed the world from the West Coast, our fishermen feed the
world. And we need to do whatever we can to get them the data
to be safe.
Mr. Webb, you talked about BPA. And as we both pointed out,
BPA is funded by ratepayers. Now, I know what we have seen in
Oregon, literally leaving us with one lineman in central Oregon
who would not be able to handle any kind of a disaster or
downed power line because you need two linemen for that type of
energy. And again, you cannot say that this is about government
efficiency or saving taxpayer dollars because we pay for that,
as ratepayers. So what have you seen with cuts to BPA's
staffing, and what do you think the effects of that are going
to be long term?
Mr. Webb. I personally had a project that I had been
working on to partner with BPA that would save BPA about $300
million a year. The key staff that was working with me, top
staff, they took the early retirement, basically put my project
on hold or possibly killed it. And we were trying to partner to
save BPA money and reduce their cost and better serve us. So
just an example of how we need the employees there, we need
their staff, and it is critical to what they do for us.
Ms. Hoyle. And again, this does nothing to bring down the
national debt because this is not taxpayer dollars, it is
ratepayer dollars. And in your case it actually will cost our
ratepayers more, correct?
Mr. Webb. Yes, that would be correct if my project would
have been able to be built.
Ms. Hoyle. Right, then it would have saved ratepayer
dollars. Thank you.
I think we should all want government efficiency. And
anyone that thinks that there aren't savings or efficiencies to
have in government isn't paying attention. However, when we
make these across-the-board cuts and gut agencies without
looking at which staff are actually critical, when we stop
projects right in the middle of them happening, when we are
making cuts that really don't make any sense for what DOGE is
supposed to be doing, there has got to be a different agenda or
just utter incompetence.
But either way, I am glad that you spoke up, and it should
be a bipartisan issue--because our rural communities are
affected most--to ensure that we ratepayers have, again,
government investment and operations that work for all the
ratepayers across all of these States. And thank you.
Ms. Hageman. The Chair now recognizes Mr. Bentz for 5
minutes of questioning.
Mr. Bentz. Thank you, Madam Chair.
So Mr. Webb, the remarks you were making about the Snake
River dams are of great interest to me. And so perhaps you can
share with everyone--you made reference to NMFS's report, which
appears to be made up of whole cloth and ignoring the 5-year
exercise and putting together the BiOp that emerged not long
ago. Can you share with us your thoughts on where that standard
that is in that NMFS document--the so-called abundant fish
standard, I guess you would call it--any idea where that came
from, and what it was based upon?
Mr. Webb. Thank you, sir. And I am just a lowly cooperative
manager, but in my opinion on both sides it seems like we try
to find the science that tells us what we want to hear, not
just be independent and give the truth. So I think it is
searching to answer questions and keep looking until you get
the answer you want, I guess, would be my opinion.
Mr. Bentz. It would seem to me that, in preparing for the
hearing that this Committee held up in Kennewick, I think, we
had some 400 or 500 people attend. And all of them, it appeared
to me, were opposed to removing the dams and opposed to the
types of structure that were being debated.
One of the concepts that came up in a memo--I am not sure
how valid it is--was that the dams wouldn't be removed, they
would simply be regulated out of power generation. Is that
rumor still floating about, that a Federal judge might say: you
don't have to take the dams out because that would require,
well, Congress, but make it that you have to let the water run
through the dams, we can do that administratively. Is that
concept still out there?
Mr. Webb. That is still out there, and that is one of our
worries. We don't want to make them uneconomical or unusable,
so that is still out there. And hopefully, that won't happen.
Mr. Bentz. One of the concepts that came up with a
biologist that has studied the river for many, many years was
that there is about 50 percent mortality in the fish making
their way from the top of the drainages down to the ocean. And
then, when the 50 percent that remained went into the ocean,
about 1 percent came back. And so the question in my mind had
been, well, why in the world aren't we focusing on what is
going on in the ocean to try to figure out how to further
reduce mortality?
Because my understanding is the billions, literally, of
dollars that we put into those dams have reduced dramatically
the impact they have had upon the movement of fish. I think he
was using the river up in Canada, has no dams on it, and it too
had the 50 percent mortality on the way to the ocean. Your
thoughts on that? What have you guys done, if anything, as I
have done, because I have met personally with NMFS and said,
``You need to start focusing on the ocean'' What do you folks
think should be done in that space?
Mr. Webb. Yes, I think on the rivers we have done
everything we can. We have invested. Like I said, 25 percent of
our monthly bill goes to fish mitigation. I agree with you that
the focus needs to be on the ocean, the conditions there, on
the predators that eat the fish coming in and out of the ocean
into the river, and we need to focus there.
And so we need to really study what is causing the decline
in the ocean, and that is where the losses are.
Mr. Bentz. And to go back again, the thought had been if
you could reduce the loss before the fish get to the ocean from
50 percent to, let's say 40 percent, that would still mean you
would still get, like, 1 percent back. So it just seemed to
make so little sense for us to continue to throw those billions
of dollars into reforming or refitting or tearing dams out and
throwing them away, when in point of fact you are not going to
improve significantly the returns of fish. Why is this argument
so panned by environmental organizations?
Mr. Webb. I don't know. It seems to me we should all work
together, focus on the big threats which would be the ocean,
and try to find solutions to that. I would agree with you.
Mr. Bentz. Yes, we all agree. But thank goodness at this
particular point my understanding is that steps are being taken
to reverse some of the steps that were being taken to spend
another half a billion dollars on various alternative power
generation. And in anticipation of removing the dams, I am
hopeful that is going to go away and we can shift our
investments to a more productive purpose.
But thank you all for being here, and I yield back.
Ms. Hageman. Thank you. The Chair now recognizes Mr. Gray
from California.
Mr. Gray. Thank you, Madam Chair and Ranking Member, for
holding this hearing, and thank you to the witnesses for your
participation here today.
Some of my colleagues have spoken about the landmark
legislation that provided hundreds of millions of dollars,
frankly for water infrastructure and storage in the San Joaquin
Valley, which I represent, the heartland of California and the
largest agricultural valley in the world. We specifically have
a $500 million allocation for San Luis Reservoir, which is
currently, I think, paused by the Trump administration.
Hopefully, we are going to see some change there and be able to
move forward with both upgrading the facility there and new
construction.
There are opportunities up and down the valley in
California to develop additional water and power projects
necessary to increase drought resilience and meet growing
demand for power across my district. Affordable, clean power,
by the way, that we should develop a lot more of on the West
Coast. This includes some investments in major traditional
above-ground storage like Sites Reservoir, which is a product
of the bipartisan water bond that we did when I was in the
State legislature. I was a co-author of the effort, and it will
be the first major reservoir built in California in half a
century.
The Federal Government has a responsibility--I want to
underscore that--in helping to fund these type of projects. And
I think some of the efforts back here in Washington to cap the
Federal cost share and other things that have gone on are
inappropriate. We probably need to look at those and re-examine
them. I would hope that my colleagues across the aisle would
join me in those efforts. But I welcome and support efforts
that would bring us new water and hydropower development.
But it is also crucial that we make sure that protecting
existing projects that can continue to deliver both affordable
water but also energy, and my understanding is in the next 10
years we are going to see nearly 300 hydropower projects that
will need re-licensing by FERC, and those projects will expire.
I continue to hear constantly about hydropower projects
being held up by Federal agencies imposing fish passage and
species protections, as well as, in some cases, using this
bureaucratic process to leverage more water out of the existing
systems in tandem with State regulation causes hydropower
owners and electric customers to address issues way beyond the
actual effects of the project. It both increases the cost of
energy, but also limits the availability of water, which is
critical when you are feeding the world out of California. Two-
thirds of the fresh fruits and vegetables come out of our
valley. We do more dairy in one county of the five counties I
represent than entire States in this country. So for those that
don't appreciate the magnitude and the scope of California
agriculture this is absolutely a critical issue.
So Mr. Webb, what impacts can regulatory uncertainty have
on production and management of hydropower facilities?
And what actions could this Committee take to streamline
these processes and avoid these inappropriate two bites at the
apple opportunities that State agencies as well as Federal
agencies are taking on these facilities as it relates to both
water and power?
Mr. Webb. Thank you, sir, for the question.
And I am involved in a re-license project right now for a
small project that we built in 1942--I wasn't there, but in
1942--and this is our third license. It takes about 5 years,
and each time there are things added, like you mentioned, that
devalue the project. We are asked to do things that don't
actually have anything to do with the project. We are required
to do expensive studies that on a small project is a big bite.
It really adds to the cost.
So I think streamlining things, if we could be more focused
on the impacts of that project and not other things in the
surrounding area, looking at it as a deep pocket that, hey, if
you are going to re-license this, we want you to do these other
things. I think it needs to be focused on the project and
streamlined, and it is very lengthy and it is very costly.
Mr. Gray. I appreciate that, thank you.
Madam Chair, I hope to work with colleagues on both sides
of the aisle to find solutions that bring certainty to the
operators during this process, ultimately delivering water and
generating hydropower. We need to find these workable solutions
with the Federal agencies and stop this double dipping and
really streamline the process. So I appreciate the time today.
I want to close by just saying both the Tuolumne River and
the Merced River in my district are currently engaged in
discussions with State of California, trying to find a path
forward through a negotiated process on water. And what is
happening with these hydropower projects is having a really
detrimental effect to the availability of water to the farms
that really need it. So I appreciate the Committee's
consideration in this hearing today.
And I will yield back the rest of my time.
Ms. Hageman. Well, I appreciate that.
We have a couple of other folks who are trying to get here,
and we have got a lot of Committee hearings and markups going
on today, which is why you are seeing people come in and out.
There is a couple of points that I think are well worth making
in light of our discussion and in light of the importance of
this issue.
Mr. Gray, I want to thank you for your comments and your
efforts to try to streamline this.
We are going to do a second round of questioning, just
because we are waiting for the next folks to come in here.
So Mr. Gray, you will have an opportunity, if you want to,
after I have taken my time here.
It seems to me, Mr. Webb, that these agencies are
attempting to impose what I would describe as unconstitutional
conditions. In other words, they cannot condition approval of a
permit or a project based upon requiring you to do something
that is unrelated to that project or that is not part of the
necessity of that project. So I would encourage you to look
into that.
I also cannot understand why existing projects are not
already considered part of the baseline, and why every 5 to 10
years or 25 years we are having to go back in and entirely redo
our permitting process. That makes absolutely no sense to me.
A good friend of mine who used to be on this Committee from
California, John, used to say that we could be either champions
of abundance or lords of scarcity. I am tired of the lords of
scarcity. I am tired of the people who believe that we have to
try to find some way to prevent us from building, operating,
and using these resources that we have. And that is why it was
important to have all of you in here today.
Mr. Sigl, in your testimony you talked about the importance
of the timeliness of these environmental reviews and efficient
permitting. Do you have any thoughts on specific steps that
Congress could take to improve the Federal permitting process?
And I am going to ask every one of you that same question.
Mr. Sigl. Thank you very much for the question, Chair.
And we have been operating the Reclamation project over
many, many years prior to the National Environmental Policy
Act, the Endangered Species Act, and Clean Water Act. And we
have adapted to that under the Endangered Species Act, in
particular. We have sought out incidental take permits and
habitat conservation plans for our operations. There is plenty
of opportunity, I think, to streamline the regulatory process
in developing and operating these projects. And we want to work
closely with anybody, including you in this Committee, to help
work through those.
Ms. Hageman. Well, if you have those ideas, we would ask
you to get them to us because we are very interested.
Ms. Bushman, what could we do? What are your ideas for
streamlining the permitting process so we can actually build
hard infrastructure?
I am not talking about endless studies. I am not talking
about going out and studying the smelt for the seventeen-
thousandth time. I am talking about what do we do to streamline
the permitting process so we can build infrastructure to meet
the demands of the citizens of this country.
Ms. Bushman. One thing we can do is have our Federal
agencies work closely together with our State agencies so that
that environmental review that is required on both sides can
happen at the same time and be coordinated. That doesn't always
work because they have different requirements. Sometimes State
legislatures have required certain things, and the Federal
agencies have to meet certain Federal mandates, as well.
But to the extent that we can coordinate those so that you
only have to do the same environmental review once, and do it
early, coordinate early rather than having States tacked on as
an afterthought, would streamline that and speed up that
process significantly.
Ms. Hageman. I like that idea. Don't you agree that
California needs to build additional water infrastructure to
meet the demands of its citizens and agriculture?
Ms. Bushman. Yes, we are dealing with less water, and when
water comes it comes with more intensity. And the only way to
manage that in the West is with greater infrastructure.
Ms. Hageman. I don't think we are dealing with less water.
We have had obstruction for so long to building infrastructure
that we are making a lot of excuses for this. But we need to
build the infrastructure to meet these demands. Don't you
agree?
Ms. Bushman. Agreed.
Ms. Hageman. OK, Mr. Webb, what do you think we could do to
streamline this process?
Mr. Webb. Well, my perspective is, obviously, from a small
project, two small projects. But it seems like if we knew ahead
of time what the clear requirements were, but it seems like
personal agendas and mission creep come into play, and so it is
kind of a moving target. So from my perspective on our small
projects, being very clear up front what is required would help
us.
Ms. Hageman. OK. Are they still on the way? I think that
they should be here any minute.
Mr. Gray, if you have additional questioning, why don't we
go ahead and go with you?
Mr. Gray. Well, I appreciate that. I am going to pick up
where I left off, talking about the Tuolumne River,
specifically. I am going to highlight this because we can have
real win-win situations when Federal agencies work
constructively with operators. And in the case of the Tuolumne
River, the Modesto and Turlock Irrigation Districts worked with
the Fish and Wildlife Service during their FERC re-licensing
process to develop a plan accelerating $80 million in habitat
and other improvements that will benefit wildlife species and
ensure that Don Pedro Reservoir can continue to deliver
reliable water and power supply.
We have other examples with floodplain restoration projects
in California. We did about $50 million of those projects in
the last 5 years out of the State legislature. Of course, I am
going to underscore again the point, Madam Chair, that the
Federal Government could pick up the tab on a major investment
in that space, as well. And I think if we take an all-of-the-
above approach, we could actually really move the needle on the
available water in California for both habitat and for farming
communities.
But I want to open the question up again on how do we
ensure Federal agencies work with operators so existing
hydropower infrastructure can continue to operate? And I heard
a comment that the coordination between the State and the
Federal agencies could be improved, or could be an opportunity.
But it also can be a hindrance because, in some cases, these
agencies are using a duplicative process to get two bites at
the apple for more water out of a certain project or making the
voluntary agreement or the negotiated agreement unattainable.
So I certainly want to hear how we ensure the Federal
agencies work with the operators and with locals, but we avoid
these duplicative requirements, I guess. What can the Federal
Government do to ensure that we don't have that situation?
Ms. Bushman. Is that for me?
Mr. Gray. It certainly can be.
[Laughter.]
Ms. Bushman. OK.
Mr. Gray. That is an all-takers question.
Ms. Bushman. I would say that there is room for improvement
on both the Federal and the State side. I think that often the
States are tacked on as an afterthought, and then they have to
do their environmental reviews that are required by their State
legislatures. In doing that, some of that does become
duplicative. And it doesn't have to be that way. That is going
to require some federalism engagement. That means the State
agencies and the Federal agencies are going to have to work
together and improve that process.
So there is that room for improvement. We haven't really
engaged in that up to this point, so encouraging that, and
Congress may have a role in encouraging that opportunity, but
also ensuring that the environmental reviews that we are doing
are relevant to the projects that need to be done.
Mr. Gray. I would certainly like to see Congress encourage
that, and I will say one other example, somewhat unrelated, but
related. Different States categorize hydroelectricity as clean
and renewable power, and other States don't.
And there might be a role for some Federal leadership,
Madam Chair, in trying to establish that as a Federal goal
across the board in all States, because I think these projects
are invaluable both for the cheap and affordable energy, as
well as the important delivery of our water resources.
I yield back my time.
Ms. Hageman. Thank you. The Chair now recognizes Mr. Crank
for 5 minutes of questioning.
Mr. Crank. Thank you, Madam Chair, and I apologize. I had
to preside over the House. And as usual, they have us doing 40
things here at one time.
Water infrastructure maintained by Reclamation and local
operators, from storage facilities to canals to hydropower,
provides critical benefit to all types of water users, from
agriculture, municipalities, and recreation. And for example,
Reclamation is the second largest producer of hydroelectric
power in the country, owning 77 facilities and directly
operating 53 of them, and that generates 15,000 megawatts of
power that benefit Coloradans and others across the West.
Of course, aging infrastructure is a growing challenge for
communities, and many of these assets are now well beyond their
original life expectancy. The 2024 State of the Infrastructure
Report from the Army Corps and Reclamation found ``Dams built
over 50 years ago are operating at reduced capacity to comply
with current safety design and construction standards.'' And
then the report says, ``Water storage capacity in some
reservoirs has decreased due to sediment accumulation, reducing
both water supply and power generation. Pipes that have been in
service for 25 to 60 years are starting to fail.'' And we have
gone from decades of build, build, build to decades of
maintain, maintain, maintain, and now we are at a turning
point. And Congress needs to begin planning how to replace
aging infrastructure efficiently and responsibly.
But here is the problem: Dumping billions of dollars into
Reclamation or other agencies alone isn't enough because
projects still face slow, outdated, and often duplicative
Federal permitting processes. Streamlining permitting is key.
It is not just about faster projects; it is about unleashing
not only American energy, but American infrastructure.
And I want to thank the Chairwoman for making the point on
how important permitting reform really is.
In your testimony you noted that SRP's integrated system
plan anticipates significant load growth on the grid in the
coming decade, with a record peak last August of 8,200
megawatts. We also know that energy demand is projected to
surge across the U.S. in the years ahead. Given this outlook,
how important is it that we continue investing in hydropower,
including the upgrades SRP is pursuing, Mr. Sigl?
Mr. Sigl. Well, thank you for the question, Congressman. As
you noted, our integrated system plan projected various load
growths that we could anticipate, and it seems like what we are
experiencing is the highest load growth in our service area.
Hydropower is very important. As I noted in my testimony,
we are talking about a pumped storage project to make some
renewable sources more reliable.
I think everybody on the planet has to look at what
resources that they have available and develop them as fully as
possible to meet their purposes, and that is an opportunity for
us.
We have sort of an all-of-the-above approach to meeting our
electricity demand. Even increasing from a pipeline capacity to
support some of the natural gas plants that we are going to
need in the future is also important for us.
But hydropower is an important component. And
interestingly, it was what got us in the power business in the
first place. The original Roosevelt Dam had hydropower
generators on it, and then we constructed three additional dams
for the purpose of producing more hydropower on the project.
And that was our early experience, and now it is almost like we
are going full circle to develop more hydropower on the Salt
River Project.
Mr. Crank. Well, thank you. And as this Committee continues
examining aging infrastructure and water issues across the
West, I want to point out the Transportation and Infrastructure
Committee already operates on a 2-year cycle to authorize Army
Corps projects, and it is time that this Committee explores a
more regular, predictable path for authorizing Reclamation
projects so we can begin to address this backlog in needs for
Western communities.
And finally, I would just say Colorado is in kind of a
unique place, my home State. We don't have rivers that flow
into Colorado. All of our rivers flow out of Colorado. So if we
don't build storage, we are in particularly tough shape.
Thank you, Madam Chair.
Ms. Hageman. Thank you, and the Chair now recognizes Mr.
Soto for 5 minutes of questioning.
Mr. Soto. Thank you so much.
With the extreme weather, it really makes some of this
stuff tricky. We on the East Coast in Florida have hurricanes
but even a drought right now. Hopefully not for long. We are
getting into our rain season in Florida, but we even see up the
East Coast drought conditions in what is otherwise a very ample
water supply area.
We saw in the Infrastructure Act, as well as in the IRA,
there was $15 billion in Western water funding to help improve
supply, even as we are working on trying to maintain hydropower
as a critical part of our renewable portfolio.
Ms. Bushman, how do you think it is going so far with the
$15 billion allocation and the work being done out West?
Ms. Bushman. I can't speak to that directly because I don't
know where each and every one of those dollars is going. But I
do know that there have been improvements in the recent past to
our infrastructure. But there is a long way to go. Just with
the Federal dams alone, there is $50 billion worth of safety
needs that need to be addressed, and that $15 billion is a
small drop in that bucket. But it is significant and it is
helpful, and we do need that infrastructure in order to manage
our water in the West.
Mr. Soto. Now, we see a possibility of the funds being
rescinded through a reconciliation package coming up. What do
you think that would mean for Western water supply?
Ms. Bushman. The need still exists. It doesn't go away.
Mr. Soto. I wanted to pose a question to the whole council.
We are seeing tariffs now in place that are affecting a lot of
equipment, both in telecommunications, the hearing I was just
at, and in electrical equipment. It would be great to hear from
each of you whether it is affecting you all or not, or what do
you expect over the next couple of months. And we will start
with Mr. Webb, Mr. Haswell, then Mr. Sigl.
Mr. Webb. Yes, well, we have seen the lead time on a lot of
our equipment--transformers, wire, other things--has been
pushed out a little bit, so we have to do a little bit better
planning when we are looking at projects, to make sure the
equipment is going to be here on time. And so I think it does
make the supply chain a little bit stretched. But yes, that
would just be my perspective.
Mr. Soto. Sure. Mr. Haswell, what are you seeing?
Mr. Haswell. So far, no direct impacts. We have sufficient
time in our construction roadmap to adjust. But there may be
impacts for our sub-sea electrical systems, but that is the
only area on our horizon right now.
Mr. Soto. OK. Mr. Sigl?
Mr. Sigl. Yes, the projects that I mentioned that we are
working on developing are still in the development stage, so we
haven't really gotten into the supply chain aspect yet.
Mr. Soto. My next question is we see as negative growth
this first quarter, unfortunately, something we are hoping to
see turn around. But if not, we could be in a recession over
the next 3 months. It would be great to know. Are you seeing
any pullback in investment?
We will start with Mr. Webb, and then we will go across
again.
Are you seeing any pullback, Mr. Webb, in access to
capital?
Mr. Webb. In our area, we are a small electric cooperative
and natural gas cooperative, and we have not seen a pullback,
and our area continues to grow. And so we haven't seen the
impact.
Mr. Soto. Ms. Bushman, have you seen in your area any
pullback in investment so far?
Ms. Bushman. I don't know about pullback in investments,
but there are matching programs that are State and Federal and
the State matches there, and the Federal has been pulling back
in terms of grants or financing, other forms of financial
assistance. And so that money is still there waiting, and the
projects have been postponed until that funding appears again.
Mr. Soto. Mr. Haswell, have you seen any difference in
access to capital lately?
Mr. Haswell. Zero at this point. The capital that we
access, certainly in the private sector, tends to think in
decades. So the quarter-to-quarter fluctuations have no impact.
Mr. Soto. OK. And Mr. Sigl?
Mr. Sigl. I am not aware of any.
Mr. Soto. OK. Thank you so much, and I yield back.
Ms. Hageman. Thank you. And again, I want to thank the
witnesses for your valuable testimony and the members for their
questions.
The members of the Committee may have some additional
questions for the witnesses, and we will ask for you to respond
to those in writing.
And as I indicated a moment ago, if you have ideas in which
we can streamline permitting, please provide those to the
Committee so that we can start acting upon them.
Under Committee rule 3, members of the Committee must
submit questions to the Subcommittee clerk by 5 p.m. Eastern on
Monday, May 5. The hearing record will be held open for 10
business days for these responses.
Without objection, the Subcommittee stands adjourned.
[Whereupon, at 11:33 a.m., the Subcommittee was adjourned.]
[ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD]
Submissions for the Record by Rep. Bentz
Prepared Statement of Michael Purdie, Director of Regulatory Affairs
and Markets, on behalf of the National Hydropower Association
Chairwoman Hageman, Ranking Member Hoyle, and Members of the
Subcommittee--thank you for hosting this hearing. On behalf of the
National Hydropower Association, I appreciate the opportunity to
supplement the record with written testimony.
Hydropower and pumped storage are uniquely situated technologies to
ensure a reliable electric grid for the 21st century. Hydropower
technologies not only function as baseload resources, but they're also
capable of being dispatched up and down to meet the needs of the grid.
Grid operators also rely on hydropower technologies provide essential
grid services such as frequency control and spinning reserves. Finally,
if the grid suffers a major outage as we just saw in Spain and
Portugal, hydropower provides 40% of the black start capability in the
United States. No other technology provides all these services in an
emission-free manner. Not only does hydropower provide all of these
services, communities rely on hydropower infrastructure for recreation,
food control, irrigation, and navigation.
Therefore, it is imperative that we improve the permitting process
in the United States to not only maintain the existing feet of
resources but expand our base. The need to do so exists today. We
cannot wait.
Approximately half of the feet is regulated by the Federal Energy
Regulatory Commission (FERC) and the other half is owned by the federal
government (Tennessee Valley Authority, U.S. Army Corps of Engineers,
and U.S. Bureau of Reclamation) with much of it marketed by the four
Power Marketing Administrations. Currently, there are nearly 200
applications for new or original licenses at the FERC. There are
approximately 50,000 MWs for new resources either in the FERC licensing
process or those who have received preliminary permits. These
applications go through a review process that spreads across 11
different agencies and can take nearly a decade to review after they're
fled at the FERC.
The federal feet is also threatened by those entities who advocate
for removal of dam infrastructure even though those facilities provide
unique benefits to the grid and their communities. Between protecting
communities in the Tennessee valley during Hurricane Helene in the fall
of 2024 or ensuring the lights stay on in the Pacific Northwest during
Martin Luther King Jr. weekend in 2024, the federal feet continues to
serve its communities with low-cost hydropower.
On behalf of the hydropower industry, I suggest the following
reforms at the Departments of Interior, Commerce, etc. to improve the
standing of hydropower in the United States.
Pass H.R. 1897--ESA Amendments Act of 2025.
Modify the Federal Power Act (FPA) to ensure that
mandatory conditions submitted under FPA Section 4(e) (16
U.S.C. Sec. 797(e)) are limited to provisions that mitigate
future, direct effects of the project and balance all uses
of federal lands that occur over the license term.
Reform the FPA to ensure that fishway prescriptions under
FPA Section 18 (16 U.S.C. Sec. 811) are justified through a
cost-benefit analysis, that demonstrates direct,
substantial, and quantifiable improvements to fish
populations, and are limited to provisions that mitigate
future, direct effects of the project occurring over the
license term.
Improve the trial-type hearing process by establishing
that the Secretary concerned bears the burden of proof by a
preponderance of the evidence for any condition or
prescription fled with FERC by the Secretary concerned or
their designee under FPA sections 4(e), 18, or 33 (16
U.S.C. Sec. 823d); and establishing that a Secretary
concerned shall not include in their submission of modified
conditions or fishway prescriptions any new requirement
that was absent in their preliminary prescriptions.
These simple, yet important process improvements would ensure that
the licensing process for hydropower, where the Secretaries of
Interior, Commerce, Agriculture, or Army are involved, is materially
enhanced. I urge Congress to take up and pass these important reforms
so that we can ensure hydropower and pumped storage can enable American
energy dominance now and into the future.
______
Submissions for the Record by Rep. Hoyle
American Whitewater
Springfield, OR
April 30, 2025
Hon. Harriet Hageman, Chair
Hon. Val Hoyle, Ranking Member
House Natural Resources Committee
Subcommittee on Water, Wildlife and Fisheries
1324 Longworth House Office Building
Washington, DC 20515
RE: Advancing Federal Water and Hydropower Development: A Stakeholder
Perspective
Dear Chair Hageman and Ranking Member Hoyle:
American Whitewater is pleased to offer this testimony on the
Oversight Hearing titled ``Advancing Federal Water and Hydropower
Development: A Stakeholder's Perspective'' held by the Subcommittee on
Water, Wildlife and Fisheries on Wednesday, April 30, 2025. We write
today to respectfully share that the current regulatory limits on
hydropower development and operations are essential to protecting
important values that Americans care deeply about. It would not be in
the public interest to reduce or eliminate those limits in order to
favor hydropower development or generation.
American Whitewater is a national non-profit 501(c)(3) river
conservation organization founded in 1954 with approximately 50,000
supporters, 6,000 dues-paying members, and 100 local-based affiliate
clubs, representing whitewater enthusiasts across the nation. American
Whitewater's mission is to protect and restore America's whitewater
rivers and to enhance opportunities to enjoy them safely. The
organization is the primary advocate for the preservation and
protection of whitewater rivers throughout the United States, and
connects the interests of human-powered recreational river users with
ecological and science-based data to achieve the goals within its
mission. American Whitewater has many decades of experience engaging in
the relicensing of well over 100 Federal Energy Regulatory Commission
regulated dams, as well as the operation of numerous federal dams that
directly impact the public's use and enjoyment of our public waterways.
The National Environmental Policy Act (NEPA) and the Federal Energy
Regulatory Commission (FERC) dam relicensing process provide the forum
for the public, and organizations like ours, to share what matters to
them with regulators, and for regulators to weigh those interests
against others. It ensures the public has a meaningful role in
protecting and restoring the rivers that flow through their communities
and that are impacted by hydropower projects. Businesses and community
leaders can highlight economically important outdoor recreation
resources.
Scientists and citizens can raise the needs of fisheries that are
important biologically, economically, and culturally. Farmers and
municipalities can explain the need for good water quality and
quantity. Tribal governments have an opportunity to highlight cultural
connections to waterways that have sustained them since time
immemorial. Collectively these voices and interests, given regulatory
weight and opportunity, result in good, balanced outcomes that are in
the public interest. Power companies and the federal government cannot
be expected to know what river-based communities need to flourish.
Rather, it is almost always perspectives from the public that lead to
the efficient and meaningful protection and enhancement of outdoor
recreation, quality of life, and local river-based economies through
the public engagement opportunities afforded by NEPA and the FERC
licensing process. Protecting the role of the public is vital to
ensuring fair and positive outcomes for communities.
Like our wise commitment to public participation in decision-
making, our nation is rightly and legislatively committed to protecting
threatened and endangered species from extinction. These species
include numerous runs of salmon and steelhead in the western United
States that are economically, culturally, and ecologically vital to the
region's future. Scientists, including those from the U.S. Forest
Service and National Marine Fisheries Service, are in the best position
to understand how to ensure those species are recovered, and their
ability to meaningfully engage in hydropower development and operation
decisions is essential to the continuation of imperiled species.
Ensuring these species persist is a legacy we owe to current and future
generations.
The timeline for hydropower licensing is neither excessively long
nor burdensome; it is appropriate given the significant public interest
in the multifaceted values of our rivers that must be carefully
balanced. The Integrated Licensing Process (ILP), established in 2003,
was designed with clear timelines and deliverables for the Federal
Energy Regulatory Commission (FERC), licensees, resource agencies, and
other stakeholders. A 2021 assessment by the Department of Energy (DOE)
concluded that the ILP offers the shortest and most consistent timeline
among available processes.\1\ On average, licensing under the ILP takes
5.9 years, closely aligning with the expected 5.5-year timeframe
specified in regulations. Importantly, the DOE found that the choice of
licensing process significantly influences the issuance timeline.
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\1\ NREL, An Examination of the Hydropower Licensing and Federal
Authorization Process (2021). Available at: .
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Alternative and Traditional processes, chosen by licensees in some
cases, tend to prolong the licensing period compared to the ILP. The
DOE's assessment identifies incomplete or inadequate information,
provided by licensees, as a primary factor contributing to extended
timelines. Addressing these informational gaps, and requiring licensees
to provide required information to regulatory agencies in a more timely
fashion could streamline the process and enhance efficiency across all
licensing pathways.
As a general matter, 5.5 years is an appropriate duration for the
hydropower licensing process. Breaking the ILP timeline down,
stakeholders have a year to develop study plans, two years to conduct
studies and for the licensee to file a license application, and then
two years for FERC to take the study information, release a draft and
final environmental document and finally issue a new license. The idea
that the completion of the licensing process is unnecessarily long is a
narrative perpetuated by those with little knowledge of the process.
We respectfully urge you to look beyond the regulations shaping
hydropower development and consider the people those rules protect: the
rafting outfitter whose livelihood depends on reliable dam releases,
the families who rely on salmon and steelhead for food and income, and
the countless others who depend on healthy, functioning rivers.
Loosening these safeguards to accelerate hydropower growth would come
at a real cost to nearly every other river-dependent community. The
NEPA process and FERC relicensing already provide a framework where
hydropower operators can generate power while balancing the broader
public interest. We welcome continued dialogue with the Committee and
strongly support oversight that ensures all stakeholders--especially
those directly affected--are heard in shaping the future of our rivers.
Thank you for considering this testimony.
Sincerely,
Kevin R. Colburn,
National Stewardship Director
[all]