Senate Energy and Natural Resources Committee

Subcommittee on Water and Power Hearing

6/18/15

The following bills were examined during the Senate Subcommittee on Water and Power

hearing on 18 June, 2015: S-593 Bureau of Reclamation Transparency Act, S-1305 A bill to

amend the Colorado River Storage Project Act, S-982 Freedom to Fish Act, S-1533 Water

Supply Permitting Coordination Act, S-1365 Authorized Rural Water Projects Completion Act,

S-1291 to authorize the Secretary of the Interior to use designated funding to pay for

construction of authorized rural water projects and S-1552 Clean Water for Rural Communities

Act. Six witnesses from relevant organizations were consulted and subsequently questioned

about their testimonies and opinions concerning these bills.

The first witness, a Ms. Dionne Thompson, from the External and Intergovernmental

Affairs Bureau of Reclamation, expressed support for Senate Bills 1291, 1365 and 593, while

noting that she was not opposed to Senate Bill 1305. She expressed opposition, however, for

Senate Bills 982, 1552 and 1533, noting that the Clean Water for Rural Communities Act is too

expensive and the Water Supply Permitting Coordination Act is unnecessary.

The next witness, a Mr. Jerry Meissner, the Chairman of the Dry-Redwater Regional

Water Authority, noted that many rural communities are unable to meet the requirements of the

Safe Water Act and emphasized that a regional water system has significant benefits. He urged

that Dry-Redwater ought to be federally subsidized and expressed his full support for S-1365, the

Authorized Rural Water Projects Completion Act sponsored by Senators Daines and Tester.

The third witness, Mr. Adam Schempp, the Director of the Western Water Program

Environmental Law Institute noted that Senate bill 982 addresses some of the concerns that

prompted it but expressed reservations about its legal implications. He warned that it could

prove challenging to implement and could render difficult for the courts to interpret. He stressed

that Section 3 lacks specificity in its restrictions and prohibitions and could potentially hamper

future land-use agreements. The bill’s use of ambiguous terms could result in delay,

confusement and litigation.

The next witness, Mr. Charles Stern, a Natural Resources Policy Specialist, stated that

under Senate bill 593, the Bureau of Reclamations would be expanded. He called for a change in

the reporting process. He noted that S-593 focuses on information, not management. He noted

that Senate bill 1365 establishes dedicated funding for rural supply projects. Mr. Stern also

mentioned that 29 Indian-rights water settlements have taken place since 2008, identifying

Indian water improvement as a priority. He also called for a new fund in the Treasury for rural

communities.

The following witness, Mr. Tony Willardson, an Executive Director for the Western

States Water Council, called for timely federal investment of modest amounts for clean water

and creation of jobs. He noted that rural and tribal communities often suffer from high

unemployment and underlined the need to provide a higher quality of life to these communities

by improving water quality. He pressed for action to be taken quickly, noting that postponing

expenditures will only prolong the suffering of impoverished communities.

The final witness, Mr. Ryan Yates, the Congressional Relations Director for the

American Farm Bureau Federation, observed that privately-owned water companies are required

to sign over co-ownership to the U.S. government as a condition to renew their permits and

asserted that the U.S. forest Service has affirmed that the U.S. has the authority to sieze private

water rights. He called for the Federal Government to respect the fact that farmers and ranchers

need access to water. He also expressed his hope that the federal government will respect

individual states’ rights to confirm water rights.

Senator Hirono of Hawaii noted that water remains an essential concern and that by 2045

Hawaii will be completely free of non-renewable energy sources according to plans. She

expressed her support for the Authorized Rural Water Projects Completion Act, and called for

the government to fund the completion of rural water projects. Sen. Hirono noted that roughly

two dozen settlements regarding Indian water rights are expected in the coming decades. She

expressed support for S-593, the Bureau of Reclamation Transparency Act, noting that it

improves reclamation practices and emphasizing that water supply issues are a critical part of the

national conversation.

Senator Daines noted that, in Montana, water is critical to provide for the community,

livestock and hydropower. He supported S-1365, Authorized Rural Water Projects Completion

Act, because it enables the completion of congressionally authorized water projects. He called

for adequate funding to rural communities and expressed his support of S-1365, the Authorized

Rural Water Projects Completion Act co-sponsored by Senator Tester.

Senator Flake emphasized that water rights are extremely valuable and noted that it

would not be fair were the Federal Government to sieze privately-owned water as a condition for

renewing a permit although he did clarify that there is authority to enforce environmental laws.

When Senator Flake questioned the witnesses concerning the cost per square foot of two

proposed projects, Ms. Thompson responded that the figure was not available because the

feasibility study has not yet been conducted. –Stephen Shaw (6/18/15)