**Western State Water Council**

**Testimony**

**presented before the**

**Senate Energy and Natural Resources Committee**

**on**

**S. 2156**

**The SECURE Water Act**

**The Science and Engineering to Comprehensively Understand and
Responsibly Enhance Water Act**

**[Introduction]{.underline}**

My name is John D'Antonio, the New Mexico State Engineer, and I am
representing the Western States Water Council (WSWC), whose members are
appointed by the Governors of eighteen states. We are an advisory body
on water policy issues affiliated with the Western Governors'
Association (WGA).

The Council supports enactment of the SECURE Water Act, introduced by
the Chairman, Senator Bingaman (and cosponsored by Senators Cantwell,
Domenici, Johnson, Salazar and Tester). The stated purposes of S. 2156
are to: (1) increase water use efficiency; (2) expand data acquisition
and analysis of the Nation's water; and (3) enhance the understanding of
climate change impacts on water availability and energy production in
the U.S.

Specifically, we support the financial assistance to non-federal
entities for water-use efficiency improvements, enhanced spending
authority for USGS streamgaging activities, a ground water monitoring
system, brackish water study, new methods to estimate and measure water
use, a national water use and availability assessment, establishment of
a intra-governmental panel on climate change and water resources, a
Reclamation Climate Change Adaptation Program, and a hydroelectric power
assessment given the potential effects of climate change.

The bill addresses many of the needs identified in the June 2006 WGA
Water Report, "Water Needs and Strategies for a Sustainable Future,"
which was prepared by the Council and adopted by the governors.

Over the past year and a half, in cooperation with western governors,
western water state officials, federal agency representatives and many
stakeholders, we have been working to implement and refine the
recommendations in the WGA Water Report. The report recognizes that the
means to meet our future needs will need to come from a variety of
sources, and that federal, state and local partnerships are one way to
leverage limited budgets and staff. We must face our future water
resources challenges together.

S. 2156 authorizes additional programs and spending to help meet some of
the challenges related to ensuring we have sufficient supplies of water
of suitable quality to meet the future demands related to our increasing
population, economic growth, food, fiber and energy production, as well
as environmental and recreational uses.

One of the first challenges is to better identify and quantify our
existing uses, our anticipated future needs, and available supplies.
This is a monumental task. As the Council has consulted with our member
states, it has become evident that there is not now sufficient
information available to provide a comprehensive and firm foundation for
future decisionmaking.

**The WGA Report** **Recommendation 2A** states that -- *A west-wide
summary of existing water uses, water plans and planning efforts,
current ground and surface water supplies, and anticipated future
demands should be developed, then trends and common themes identified
and evaluated. This summary should address both consumptive and
non-consumptive uses and demands.*

S. 2156 authorizes a [National Water Use and Availability Assessment
Program.]{.underline}

The Secretary of Interior, acting through the U.S. Geological Survey
(USGS) and "in coordination with... State and local water resource
agencies," is to undertake a program to provide better information on
water resources and identify trends in use and availability, as well as
help forecast water availability for future economic, energy production
and environmental needs. USGS is also to maintain a national inventory
on water, and provide grants to States to enable locally-generated data
to be integrated with national datasets.

We strongly support and are particularly interested in the provisions
under Section 9 for grants to State water resource agencies to assist in
developing and integrating water use and availability datasets into a
comprehensive database. This section should include gathering
information on environmental water uses, including instream uses and
outflows for bays and estuaries, as well as traditional consumptive
water uses.

As present, western states' water planning capabilities (and spending)
vary widely from state-to-state, particularly as it relates to
estimating future water uses and needs. The numbers are often no more
that "unsubstantiated estimates." The Council is actively working with
the U.S. Geological Survey (the Bureau of Reclamation, Corps of
Engineers and Environmental Protection Agency) to better define current
capabilities and future data needs.

**WGA Report Recommendation 2A** also states that -- *Federal and State
agencies should increase support and funding for state and federal basic
water data gathering activities that can serve as the basis for sound
decision-making. Further, state and federal agencies must find ways to
reduce costs related to gathering and disseminating real-time water
data/information, including the acceptance of more in-kind contributions
from cooperators. Moreover, new and stable sources of funding are
needed. Basic data gathering is an appropriate governmental activity.*

S. 2156, under Section 8, authorizes a [USGS Water Data Enhancement
Program]{.underline} that includes expanding the National Streamflow
Information Program (NSIP), a base network of streamgages, and
integrating NSIP with other state and federal water data collection
activities. The objective is to establish and maintain a minimum of
4,700 NSIP measuring sites over the next 10 years.

The WSWC has a long history of working with the U.S. Geological Survey,
Interstate Council on Water Policy (ICWP) and streamgaging network
stakeholders to support and improve the USGS Cooperative Water Program
and National Streamflow Information Program. We welcome efforts to
authorize greater expenditures for both programs, as well as actions to
achieve our future streamflow data needs in the most cost-efficient
manner possible.

The bill also directs the USGS to work with federal, state, and local
entities to implement a systematic national ground water resources
monitoring program for major aquifer systems in the U.S. It has become
increasingly evident that there is not sufficient ground water data
available, both quantity and quality, to support all the administrative
actions (at the state and local levels) needed to understand and
effectively manage ground and surface waters conjunctively. Many wells
are not metered, and increasing ground water development is having a
significant impact on surface water resources in some areas. We must
increase and improve our knowledge of our ground water resources, and
present and future challenges to ground water management, including
climate change.

More and more often, the use of waters of impaired quality, such as
brackish ground waters, offer an effective alternative to the
development of surface water supplies and their transport over long
distances. S. 2156 directs USGS to work with appropriate state and local
entities to conduct a study identifying significant brackish U.S.
aquifers.

Desalination of brackish ground water and other impaired waters promises
to be an important alternate source of supply for some uses and users.

Section 8 also authorizes the Secretary to provide grants to appropriate
entities to develop new methodologies and technologies to estimate or
measure water resources data in a cost-efficient manner. Priority is to
be given to: (1) predicting and measuring streamflows; (2) estimating
changes in ground water storage; (3) improving data standards and
methods of analysis; (4) measuring precipitation and evapotranspiration;
(5) developing descriptive and predictive models; and (6) water
withdrawals, return flows and consumptive use. All of these are
significant areas in need of greater emphasis.

I would like to highlight one technology of growing importance in many
western states that presently has the capability to provide critical
information on ground water withdrawals, agricultural and other outdoor
water uses, evapotranspiration rates and consumptive uses. The USGS and
National Aeronautics and Space Administration (NASA) now jointly operate
a system of earth observation satellites that include a thermal infrared
(TIR) sensor on Landsat 5 and Landsat 7, which are over due for
replacement. Data from this sensor is now used by western states (and
others) to measure and monitor evapotranspiration and consumptive uses
from irrigated areas (and other land cover) by calculating the
"residual" energy balance. The Landsat Data Continuity Mission (LDCM),
under NASA's Earth Sciences Directorate, currently has scheduled the
launch of Landsat 8 for 2011. Once in orbit, NASA will turn over
satellite operations and data management to USGS. However, NASA's FY
2008 budget did not include funding for a TIR instrument, and without
immediate action by the Congress, this important tool could be lost for
the foreseeable future.

We appreciate the Chairman's interest in this issue, as well as the
efforts of several members on this committee, in asking NASA to explain
how it intends to continue to provide this thermal data to USGS. At
present, I am not aware of any other alternative source of this data on
a comparable scale that would allow western water managers to continue
to meet the growing need for this type of information. For example,
Idaho uses this information to conjunctively administer rights to use
both surface and ground waters on the Snake Plain. Colorado uses this
data to assure its compliance with interstate compacts governing its
water use on the Arkansas River. This technology has also been used in
California, Montana, Nevada, New Mexico, Texas, Utah, Washington and
Wyoming, and other states, including Arizona, Kansas, Nebraska,
Oklahoma, Oregon and South Dakota have expressed interest in its use. It
could be used in the Colorado River basin to verify extraordinary
conservation actions undertaken under the Seven Basin States shortage
sharing agreement currently being negotiated. This is the type of use of
technological applications that S. 2156 would appropriately promote.
Ironically, without prompt congressional action, we now face the loss of
this conservation and management tool.

**WGA Report Recommendation 2E** reads **--** *Water conservation and
water use efficiency, demand management (including pricing structures),
water and water rights transfers, water banking, water reuse, revolving
fallowing of agricultural lands and other means should be explored to
augment existing supplies, as well as the relative merits and obstacles
related to various programs and technologies.*

S. 2156, Section 5, authorizes a program for [Reclamation Water
Management Improvement]{.underline} and allows the Secretary of Interior
to provide grants or enter into cooperative agreements with eligible
applicants to help conserve water, increase water use efficiency,
facilitate water markets, enhance water management or carry out similar
activities in any watershed with a Reclamation project nexus or to
address climate-related impacts to U.S. water supplies.

Reclamation may provide financial assistance to States, Tribes, and
local entities to construct improvements or take actions to increase
water-use efficiency to address drought, climate change, or other
water-related crises.

We support authorization for these and other continuing actions taken
under such programs as the Bureau of Reclamation's Water 2025 Challenge
Grants and Field Services Programs, and the Bridging-the-Headgate
Partnership, of which the WSWC is a signatory. Further, we strongly
support the inclusion of in-kind services in calculating non-federal
cost sharing contributions, as provided under Section 5(3)(E)(ii).

**WGA Recommendation 2A** states **--** *A summary should be developed
of existing water supply and demand management policies and programs, as
well as planned or potential activities. The focus should be on a
grassroots, watershed approach to identifying water problems and
potential solutions.*

In November, a workshop was been held by the Council, along with the WGA
that focused on past and present efforts to meet western water supply
challenges through various policies and programs to improve water
management and increase supplies.

It is important to recognize and support grassroot, local initiatives to
identify, assess and work out solutions to water related problems. State
and local agencies and others are working to solve their own water
problems, and it is important that federal efforts complement and
supplement these efforts. S. 2156 authorizes such assistance and will be
a welcome addition to our present box of water management tools.

**WGA Recommendation 3B** suggests -- *The Congress should increase
appropriations from annual receipts accruing to the Reclamation Fund for
authorized Bureau of Reclamation projects and purposes to help meet
western water supply needs, especially for rural communities, to
maintain and replace past projects and to build new capacity necessary
to meet demands related to growth and environmental protection.*

May we suggest that such sums as are authorized under S. 2156 for
Reclamation-related programs and purposes should be made available from
the Reclamation Fund. **Current receipts are not now fully used for
authorized purposes**. It is our understanding the amounts authorized
for expenditure under the bill are in addition to assistance authorized
and provided pursuant to other provisions of federal law. As a general
comment, we are concerned that the amounts authorized be sufficient to
reasonably support the mandated activities -- and it follows that there
is a need for sufficient appropriations to match the authorization.

**WGA Recommendation 2B** directs we -- *Use the research programs at
western state universities to focus research on practical applications
of promising new technologies, and to identify areas where the increased
use of technology (e.g. remote sensing, supervisory control and data
acquisition, new water and wastewater treatment, and energy and water
efficiency) should be promoted to enable more efficient and cost
effective operations.*

S. 2156, Section 5, also authorizes the Secretary to enter into
cooperative agreements with any university, nonprofit research
institution or organization with water or power delivery authority to
fund research to conserve water, increase efficiency or enhance
management.

The WGA Water Report includes a section highlighting the need to prepare
for the increasing of climate variability and change on western water
resources. Warming in the West would lead to significant changes, such
as a more precipitation falling as rain rather than snow. This has the
potential to upset the current balance achieved through the storage of
seasonal surpluses. Snow is a major source of water in the West. It is a
critical element in the current hydrologic cycle, and it is an
irreplaceable water storage medium. Increasing future climate
variability will bring new water management challenges involving not
only the quantity of water available, but changes in its form and the
timing with which it arrives. Several WGA report recommendations related
to climate would be addressed by S. 2156's provisions.

-   **WGA Recommendation 5** -- *While recognizing the uncertainties
    inherent in climate prediction, efforts should be made to focus on
    vulnerabilities and building increased resiliency to climatic
    extremes.*

-   **WGA Recommendation 5A** -- *Federal agencies must continue and
    expand funding for activities necessary for monitoring, assessing
    and predicting future water supplies.*

-   **WGA Recommendation 5B** -- *The Congress should fund research for
    improving the predictive capabilities for climate change, and
    assessment and mitigation of its impacts. Given the complex
    climatology in the West, it is important that climate change
    modeling be conducted at a much finer resolution, e.g. watersheds
    and sub-watersheds.*

-   **WGA Recommendation 5C(2)** -- *Particular emphasis should be
    placed on climate change within the context of watershed planning
    and the impacts of climate-change scenarios on energy, economic
    development and forest management.*

S. 2156, Sections 4 and 7 respectively, direct the Secretary to
establish a [Reclamation Climate Change Adaptation Program]{.underline},
and a [Climate Change and Water Intra-Governmental (I-G)
Panel]{.underline}. Reclamation is to assess the risks of climate change
to water resources in its service area and develop strategies and
conduct feasibility studies to address water shortages, conflicts and
other impacts to water users and the environment. The I-G Panel is to
review the science on climate change and water, and develop ways to
better forecast impacts to water availability. The Secretary, acting
through the Bureau of Reclamation, is to consult with State water
resource agencies in assessing specific risks to the water supply of
each "major Reclamation river basin." Similarly, the I-G Panel is to
consult with States and the Advisory Committee on Water Information
(ACWI).

May we suggest that the definition of "major Reclamation river basin" in
the bill be expanded to include the Arkansas, Republican and Pecos River
Basins, and the Great Basin.

S. 2156, Section 6, also mandates a [Hydroelectric Power
Assessment]{.underline} and directs the Secretary of Energy, in
consultation with the federal Power Marketing Administrations (PMAs),
and other federal and state agencies, to assess the effects of climate
change on the water available for facilities producing hydropower
marketed by the PMAs.

Lastly, we appreciate the explicit recognition that "...States bear the
primary responsibility and authority for managing the water resources of
the United States" and that "the Federal Government should support the
States, as well as regional, local and tribal governments...." We
appreciate the many provisions in the bill requiring federal agencies to
consult and coordinate with the applicable State water resource agency
with jurisdiction. The savings clause is also important which states
that: "Nothing in this Act preempts or affects any -- (A) State water
law; or (B) interstate compact governing water." So is the requirement
that the Secretary comply with applicable State water laws.

In conclusion, we commend the Committee, its members and staff, for
their initiative in addressing these critical water issues. While
recognizing the jurisdictional limits of the Committee, we would also
urge you to ensure that water quality issues, which are inextricably
linked to water quantity issues, are considered together in
collaboration with all applicable federal and state agencies.