[Congressional Record Volume 165, Number 60 (Monday, April 8, 2019)]
[House]
[Pages H3112-H3115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1730
       COLORADO RIVER DROUGHT CONTINGENCY PLAN AUTHORIZATION ACT

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2030) to direct the Secretary of the Interior to execute and 
carry out agreements concerning Colorado River Drought Contingency 
Management and Operations, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2030

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Colorado River Drought 
     Contingency Plan Authorization Act''.

     SEC. 2. COLORADO RIVER BASIN DROUGHT CONTINGENCY PLANS.

       (a) In General.--Notwithstanding any other provision of law 
     expressly addressing the operation of the applicable Colorado 
     River System reservoirs, immediately upon execution of the 
     March 19, 2019, versions of the Agreement Concerning Colorado 
     River Drought Contingency Management and Operations and the 
     agreements attached thereto as Attachments A1, A2, and B, by 
     all of the non-Federal parties thereto, the Secretary of the 
     Interior shall, without delay, execute such agreements, and 
     is directed and authorized to carry out the provisions of 
     such agreements and operate applicable Colorado River System 
     reservoirs accordingly.
       (b) Effect.--Nothing in this section shall--
       (1) be construed or interpreted as precedent for the 
     litigation of, or as altering, affecting, or being deemed as 
     a congressional determination regarding, the water rights of 
     the United States, any Indian Tribe, band, or community, any 
     State or political subdivision or district of a State, or any 
     person; or
       (2) exempt the implementation of such agreements and the 
     operation of applicable Colorado River System reservoirs from 
     any requirements of applicable Federal environmental laws.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentleman from Utah (Mr. Bishop) each 
will control 20 minutes.

[[Page H3113]]

  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous materials on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2030 will direct the Secretary of the Interior to 
immediately execute the drought contingency plan agreements.
  The drought contingency plan agreements will allow us to immediately 
respond to the historic drought conditions in the Colorado River Basin. 
These conditions pose a threat to the water supply of 40 million 
people, and 5.5 million acres of farmland.
  This legislation directs the Secretary of the Interior to immediately 
execute the drought contingency plan agreements since the actions to be 
undertaken are within the analyses and range of effects reviewed in 
existing environmental documents.
  These environmental documents include: Number 1, a 2007 final EIS on 
Colorado River Interim Guidelines for Lower Basin Shortages and 
Coordinated Operations for Lakes Powell and Mead.
  Number 2, existing ESA documents for the Colorado River Storage 
Project Act initial storage unit reservoirs.
  Additional environmental compliance is only applicable should further 
Federal actions be undertaken that are outside the range of effects 
analyzed in the previously mentioned environmental documents.
  Mr. Speaker, that essentially means that the drought contingency plan 
agreements fit within the framework of existing environmental 
compliance. This compliance allows the Secretary of the Interior to 
immediately sign the drought contingency plan agreements.
  This immediate action is essential to preserving the water supply for 
millions of people in the American Southwest.
  Before closing, I would also like to thank the many people who worked 
for years to develop and finalize the DCP. In particular, I want to 
highlight the contributions of the Colorado River Indian Tribes, and 
Gila River Indian Community. Without their contributions, DCP simply 
would not be possible.
  I also want to thank the seven basin States and others who worked 
with me and my staff to finalize DCP and enable the legislation over 
the past several weeks. I am glad that we were able to work together to 
develop legislation that has earned broad, bipartisan support here in 
Congress, and with affected stakeholders.
  I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this is a totally unique bill. What we have done is 
allowed the seven affected States to get together and work out a 
solution and bring it to us and then we, in Congress, didn't screw it 
up too badly.
  So what we have done now is, if this bill can actually go into law, 
we have allowed for the system to build the capacity to store 60 
million acre-feet of water that will help 5.5 million acres of 
irrigated lands, 40 million people, and can also produce over 4,000 
megawatts of clean electricity.
  It is rare for Congress, but in this case, we respected what the 
States have done, and we are moving quickly to try and get this into 
law.
  I appreciate the chairman and the 30 other Members from the affected 
States who have joined me as part of this bill. Now I hope we can 
expedite this and send it over to the Senate where we will ask them to 
refrain from their usual practices and to quickly get this bill on the 
President's desk because, not only is this bill bipartisan, this bill 
is that important.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, let me also thank the ranking member, Mr. 
Bishop, and his staff for helping expedite the process, and for their 
input throughout this process.
  Mr. Speaker, I yield 2 minutes to the gentlewoman from California 
(Mrs. Napolitano) for her comments.
  Mrs. NAPOLITANO. Mr. Speaker, I thank Mr. Grijalva for yielding.
  I also rise in very strong support of H.R. 2030, the Colorado River 
Drought Contingency Plan Authorization Act, and I thank Mr. Grijalva 
for his leadership on this issue that is so vital to the seven Colorado 
River Basin States including: Arizona, California, Nevada, Colorado, 
New Mexico, Utah, and Wyoming.
  The Colorado River Drought Contingency Plan, known as DCP, is a great 
achievement of collaboration, compromise, and foresight agreed to by 
the seven basin States after 2 years of negotiations.
  As stated by my colleague on the other side of the aisle, it is quite 
an important matter to the States. It reflects a realistic appraisal by 
water managers in the Colorado River system of increasing water 
scarcity with the watershed in its 19th year of drought. That is a long 
time, and I think this will help prevent it.
  Collectively, the basin States developed a practical, workable 
approach that provides for enhanced conservation and new management 
tools to address shortages on the river system.
  This will allow California and other water users to store water in 
Lake Mead for the good of the entire system and habitat, and increase 
conservation measures in the basin, and bank--of all things--bank 
excess water supplies for future use.
  The drought contingency plan is supported by the California Natural 
Resources Agency, the Colorado River Board of California, California 
Native Tribes, and the Metropolitan Water District of Southern 
California.
  This legislation will authorize the Secretary of the Interior to 
implement what the seven basin States have agreed upon. The legislation 
protects all environmental laws and existing environmental documents 
that govern the river.

  Enactment of this authorizing legislation will not only support the 
interstate agreement, but would also implement Minute 323 of our treaty 
with Mexico to address transnational water cooperation on the Colorado 
River. This allows Mexico to bank water in Lake Mead for the benefit of 
our country to prevent shortage conditions and maximize power 
production.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. GRIJALVA. Mr. Speaker, I yield an additional 30 seconds to the 
gentlewoman from California.
  Mrs. NAPOLITANO. Mr. Speaker, we are blessed that we have a good 
snowpack in the Upper Colorado River watershed this year. The 
legislation also provides us the opportunity to take advantage of this 
extra water by beginning implementation immediately of the DCP.
  We must also support collaborative approaches to manage our most 
precious natural resource: water. The DCP creates increased 
dependability to the water users in southern California and the seven 
basin States.
  I urge my colleagues to strongly support H.R. 2030, and I urge the 
Senate to pass this legislation immediately.
  Mr. BISHOP of Utah. Mr. Speaker, I yield 3 minutes to the gentleman 
from Colorado (Mr. Tipton), a former member of our committee and one of 
the original cosponsors of this bill.
  Mr. TIPTON. Mr. Speaker, I rise today in support of H.R. 2030, the 
Colorado River Drought Contingency Plan Authorization Act.
  Following a historic two-decade long drought in the Southwest, I am 
glad to see an effective strategy produced after years of collaboration 
between the seven States involved and the Federal Government.
  Demand for water has drastically increased over the years due to 
population growth, but prolonged drought has diminished water supplies. 
As the location of the headwaters for the river that supplies roughly 
40 million people, Colorado plays an especially crucial role in the 
management of our most precious resource.
  This past winter brought much-needed snowpack to the region, but 
there is no certainty that this trend will continue in the coming 
years. It is important to have a contingency plan in place.
  Ensuring the Colorado River can meet the demands of all water users 
who rely on it is a shared responsibility among all of the upper and 
lower

[[Page H3114]]

basin States. The drought contingency plan agreed to by the basin 
States will ensure continued hydropower operations and compact 
compliance.
  Now each State must work to develop a plan for meeting the 
obligations of the DCP. Within the State of Colorado, it will be 
critical that all of the stakeholders come together to shoulder the 
burden of a voluntary demand management program. The western slope 
cannot carry the entire load, nor can the front range.
  I would like to thank the local and State governments who have worked 
on the DCP, and my colleagues in the House and the Senate for 
recognizing the urgency of this issue. I am proud to cosponsor H.R. 
2030, and I urge my colleagues to vote in favor of the bill.
  Mr. GRIJALVA. Mr. Speaker, I yield 2 minutes to the gentleman from 
Arizona (Mr. O'Halleran).
  Mr. O'HALLERAN. Mr. Speaker, I rise today to express my strong 
support of the Colorado River Drought Contingency Plan.
  In Arizona and across the Southwest, communities have struggled 
through a 19-year-long drought. During my time in the State 
legislature, I spent years working with Republicans and Democrats alike 
to create Arizona's first conservation, drought, and statewide water 
management plans. It cannot be understated how hard Arizona has worked 
to implement a drought program that ensures our State continues to have 
access to the Colorado River and other instate water sources.
  I am pleased to see the resulting plan was passed earlier this year. 
Now it is our turn. This legislation will complete the process by 
directing the Secretary of the Interior to enter into agreements with 
each of the seven Colorado River Basin States and it will ensure that 
water conservation efforts can begin quickly.
  The sooner we get these agreements signed, the sooner we can address 
the water issues across the region.
  I applaud the great work being done here in Washington and in the 
seven States impacted by this drought contingency plan to put forward 
innovative solutions to protect our precious water assets.
  It is important to remember that we are not done. We must continue 
these conversations and work together to manage our rivers in ways that 
allow cities to grow, ensure farmers and ranchers are successful, and 
keep our obligations to Native American Tribes and Nations.
  I urge a ``yes'' vote on this important legislation.
  Mr. BISHOP of Utah. Mr. Speaker, I am pleased to yield 2 minutes to 
the gentleman from California (Mr. Calvert), another former member of 
our committee and a long-time worker on water issues in Congress.
  Mr. CALVERT. Mr. Speaker, I thank the ranking member for yielding.
  Mr. Speaker, I rise in support of H.R. 2030, the Colorado River 
Drought Contingency Plan Authorization Act. The Colorado River is a 
critical source of water for approximately 19 million people in the 
southern California region. After 19 years of drought on the Colorado, 
Lake Mead is near critical levels. If no action is taken, it is 
estimated that by 2021, Lake Mead could reach critically low elevations 
where basic reservoir operations and water deliveries become 
impossible.
  We are here today because of the tremendous leadership of the seven 
Colorado River Basin States, the water users throughout the basin. 
Traditionally, the shared water resources of the Colorado River have 
been managed through consensus and collaboration, and the drought 
contingency plan, or DCP, is no exception.
  Water users throughout the basin agree to voluntary conservation 
measures that protect existing water rights in order to protect the 
water supplies of Lake Powell and Lake Mead for the foreseeable future.
  I want to commend the bill's sponsor for working to ensure that the 
Salton Sea is protected under this legislation. DCP was developed with 
input from stakeholders throughout the basin, including water users, 
Tribal leaders, and environmental groups. California holds the senior 
water rights in the lower basin. In the short term, though, California 
may have the most water security during this historic drought, but 
water leaders in my region recognize the importance of protecting Lake 
Mead now to preserve southern California's long-term water supply 
reliability.
  Mr. Speaker, I want to extend a special thanks to Jeff Kightlinger 
for his tireless efforts on behalf of the Metropolitan Water District 
of Southern California to get this historic deal across the finish 
line. If not for his work over the last several years, we would not be 
here today.
  Mr. Speaker, I urge my colleagues to support this legislation.

                              {time}  1745

  Mr. GRIJALVA. Mr. Speaker, I yield 2 minutes to the gentleman from 
Arizona (Mr. Stanton).
  Mr. STANTON. Mr. Speaker, I thank the gentleman for yielding, and I 
thank him for his leadership as chairman of the Natural Resources 
Committee and as a senior member of the Arizona delegation for his 
leadership on this important legislation.
  Mr. Speaker, the importance of the Colorado River to the West and my 
State of Arizona cannot be overstated. Forty million people in seven 
Western States get water from the Colorado, and nearly 40 percent of 
the water used in Phoenix comes from the Colorado. We must absolutely 
protect it, and we must do so without delay.
  To prepare for the impact of the changing climate and a drier future, 
water users in the seven Colorado River Basin States reached agreements 
to voluntarily conserve water and better manage the river to mitigate 
the risk of water levels falling to perilously low levels in Lakes Mead 
and Powell, the two largest man-made reservoirs in the United States.
  A little over a week ago, a Natural Resources subcommittee heard 
testimony from representatives from all seven basin States on the 
urgency to authorize the drought contingency plan as quickly as 
possible.
  This urgency was also expressed by U.S. Bureau of Reclamation 
Commissioner Brenda Burman, who described the consequences of not 
advancing the drought contingency plan. She said: ``This is a dangerous 
situation, where we could be reaching critically low elevations that 
affect the drinking water of 40 million people; that affect 5.5 million 
acres that could go dry; that affect species, both endangered and not 
endangered; that affect entire economies and the recreation of the 
Southwest. Action is needed now.''
  The legislation before us today is critical because it directs the 
Secretary of the Interior to immediately execute the agreements reached 
so water conservation efforts can get underway this year.
  This is by no means a permanent long-term solution. We all recognize 
that more must be done. But this legislation is an important step, and 
it must be advanced without delay.
  It is also important to note that this legislation has strong support 
from a wide variety of interests across the State of Arizona, from our 
Tribal leaders, including the Gila River Indian Community and the 
Colorado River Indian Tribes, to cities and municipalities across the 
State, including the city of Phoenix. Industrial users support it, as 
do environmental organizations.
  I urge my colleagues to join us in supporting this bill.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself 1 minute.
  I would like the Record to reflect that, although they are not noted 
as original cosponsors, Congressmen Amodei, Buck, and Tipton were, in 
fact, with us supporting this bill since the very beginning, and it 
should be reflected as such. Due to an error in the introduction of the 
bill, they were initially left off H.R. 2030, but they should be 
original cosponsors.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield 2 minutes to the gentleman from 
Utah (Mr. McAdams).
  Mr. McADAMS. Mr. Speaker, I rise in support of H.R. 2030, the 
Colorado River Drought Contingency Plan. My State is one of the four 
upper division States, and Utah gets 22 percent of its total water 
supply from the Colorado River.
  The water is not only the lifeblood for farmers and ranchers in 
eastern Utah. It also supplies culinary water to the Wasatch Front, a 
fast-growing urban area where most of the State's residents live.

[[Page H3115]]

  Since the year 2000, the Colorado River Basin and the State of Utah 
have been in severe drought. We don't know whether this drought will 
continue or, due to climate change, may permanently alter the river as 
a source of water. In the meantime, demand for water continues to rise.
  Both Lake Powell and Lake Mead appear to be operating as designed, 
but both are at uncomfortably low levels. Congress must act promptly on 
this legislation so that the new agreement can be implemented and water 
conservation efforts can get underway.
  The Upper Basin Drought Contingency Plan is aimed at protecting upper 
basin water supplies by keeping Lake Powell from falling below a 
specified critical elevation. Taking steps now to avoid that just makes 
sense and helps ensure that hydropower needs, water delivery, and 
protections for endangered species continue in compliance with the 
Colorado River Compact.
  I strongly support this bipartisan, collaborative measure that builds 
on past efforts to decrease stress on basin water supplies and lets 
States and water users drive the decision, rather than have the Federal 
Government make unilateral water delivery cutbacks.
  I thank Chairman Grijalva and Ranking Member   Rob Bishop, my Utah 
colleague, for bringing this legislation to the floor promptly. It has 
the backing of Utah's four House Members, and it is supported by the 
State of Utah.
  Mr. Speaker, I look forward to seeing it signed into law.
  Mr. BISHOP of Utah. Mr. Speaker, I yield 3 minutes to another 
gentleman from Arizona (Mr. Schweikert), who is one of the great 
members of this committee and this House.
  Mr. SCHWEIKERT. Mr. Speaker, the gentleman said another one from 
Arizona.
  Mr. Speaker, I want to sort of echo what you have heard, and that is 
a certain happiness that we were all able to move this forward 
together. I appreciate the chairman, but I also want to be someone who 
adds a little bit of a caveat that we understand the work isn't done, 
particularly for those of us in Arizona.
  I hate to admit how old I am, but in the early nineties, I was one of 
those who worked on what we called our groundwater recharge district in 
Maricopa County. When we had excess water, particularly from the 
Central Arizona Project in those years, we stored it. As we look back, 
now 25-some years, that was somewhat revolutionary and visionary.

  We will have to do things like that to meet our requirements that are 
part of this legislation. This legislation does not lay out every last 
step that those of us in Arizona must do. We are going to have to step 
up and meet our obligations. I think it is important that we understand 
there is still much more work to be done.
  As that moves forward, I am going to ask that all of us, particularly 
those who are supporting this drought contingency plan, think 
creatively. Are there technologies, and are there encouragements of 
farming techniques, as we are doing urban construction and types of 
plants in our communities?
  We need to now go to the next step and think what this brings our 
communities, particularly for those of us in the Phoenix metropolitan 
area who live in the desert Southwest.
  I hope we get a resounding vote of approval a little while from now, 
and I also hope that this is the right direction. We have to keep 
focused. Just because we have had a big hydrological year doesn't mean 
that we are not going to be back having this conversation a year or 2 
years from now.
  Mr. GRIJALVA. Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I appreciate everyone who has spoken on behalf of this 
particular bill. It is a significant piece of legislation.
  As Mr. Schweikert said, hopefully, we will never have to use it. Even 
in April of this year, the flow into Lake Powell is 133 percent of 
average. The snowpack is 138 percent of the 30-year average. Hopefully, 
we will never have to implement it, but at some time, it may, indeed, 
happen. Having this in place now provides for the future necessity, if 
and when that negative time has to take place.
  I am proud the States came together. They have come up with a plan 
that is going to be successful, a solution to it, because if this thing 
does not pass, Utah is going to keep all the water and the rest of you 
can suck under.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, as another one from Arizona, let me close 
by thanking the ranking member and also noting that 2026 is around the 
corner. The work that was being done today with this drought 
contingency plan is a very important door into what needs to be done in 
the future, the cooperation, the collaboration, and the urgency going 
forward.
  As Mr. Schweikert said, the job is not complete yet. There is much 
still to do.
  I hope that the stakeholders and everyone involved in getting the 
plan to this point continue, with earnestness and with purpose, to 
address the issue of water availability in the Southwest. As our areas 
become more and more arid, understand that this is not an infinite 
resource we have in water. It is a finite resource, and we need to 
treat it that way.
  Mr. Speaker, I urge my colleagues to support the legislation, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules 
and pass the bill, H.R. 2030.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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