II 

117TH CONGRESS 

2D SESSION S. 4695 

To establish a Western Water Cooperative Committee, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2022 

Mr. CRAMER (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To establish a Western Water Cooperative Committee, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Western Water Coop5 erative Committee Act’’. 

6 SEC. 2. CORPS OF ENGINEERS WESTERN WATER COOPERA7 TIVE COMMITTEE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) a bipartisan coalition of 19 Western Sen10 ators wrote to the Office of Management and BudgVerDate Sep 11 2014 03:58 Aug 05, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4695.IS S4695

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1 et on September 17, 2019, in opposition to the pro2 posed rulemaking entitled ‘‘Use of U.S. Army Corps 

3 of Engineers Reservoir Projects for Domestic, Mu4 nicipal & Industrial Water Supply’’ (81 Fed. Reg. 

5 91556 (December 16, 2016)), describing the rule as 

6 counter to existing law and court precedent; 

7 (2) on January 21, 2020, the proposed rule8 making described in paragraph (1) was withdrawn; 

9 and 

10 (3) the Corps of Engineers should consult with 

11 Western States to ensure, to the maximum extent 

12 practicable, that operation of flood control projects 

13 in prior appropriation States is consistent with the 

14 principles of the first section of the Act of December 

15 22, 1944 (commonly known as the ‘‘Flood Control 

16 Act of 1944’’) (58 Stat. 887, chapter 665; 33 U.S.C. 

17 701–1) and section 301 of the Water Supply Act of 

18 1958 (43 U.S.C. 390b). 

19 (b) ESTABLISHMENT.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of enactment of this Act, the Secretary of 

22 the Army (referred to in this section as the ‘‘Sec23 retary’’) shall establish a Western Water Cooperative 

24 Committee (referred to in this section as the ‘‘Coop25 erative Committee’’). 


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1 (2) PURPOSE.—The purpose of the Cooperative 

2 Committee is to ensure that Corps of Engineers 

3 flood control projects in Western States are operated 

4 consistent with congressional directives by identi5 fying opportunities to avoid or minimize conflicts be6 tween operation of Corps of Engineers projects and 

7 State water rights and water laws. 

8 (3) MEMBERSHIP.— 

9 (A) IN GENERAL.—The Cooperative Com10 mittee shall be composed of— 

11 (i) the Assistant Secretary of the 

12 Army for Civil Works (or a designee); 

13 (ii) the Chief of Engineers (or a des14 ignee); 

15 (iii) 1 representative from each of the 

16 States of Alaska, Arizona, California, Colo17 rado, Idaho, Kansas, Montana, Nebraska, 

18 Nevada, New Mexico, North Dakota, Okla19 homa, Oregon, South Dakota, Texas, 

20 Utah, Washington, and Wyoming, who 

21 may serve on the Western States Water 

22 Council, to be appointed by the Governor 

23 of each State; 

24 (iv) 1 representative with legal experi25 ence from each of the States of Alaska, ArVerDate Sep 11 2014 03:58 Aug 05, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4695.IS S4695

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1 izona, California, Colorado, Idaho, Kansas, 

2 Montana, Nebraska, Nevada, New Mexico, 

3 North Dakota, Oklahoma, Oregon, South 

4 Dakota, Texas, Utah, Washington, and 

5 Wyoming, to be appointed by the Attorney 

6 General of each State; and 

7 (v) 1 employee from each of the im8 pacted regional offices of the Bureau of In9 dian Affairs. 

10 (4) MEETINGS.— 

11 (A) IN GENERAL.—The Cooperative Com12 mittee shall meet not less than once each year 

13 in a State represented on the Cooperative Com14 mittee. 

15 (B) AVAILABLE TO PUBLIC.—Each meet16 ing of the Cooperative Committee shall be open 

17 and accessible to the public. 

18 (C) NOTIFICATION.—The Cooperative 

19 Committee shall publish in the Federal Register 

20 adequate advance notice of a meeting of the Co21 operative Committee. 

22 (5) DUTIES.—The Cooperative Committee shall 

23 develop and make recommendations to avoid or min24 imize conflicts between the operation of Corps of 

25 Engineers projects and State water rights and water 


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1 laws, which may include recommendations for legis2 lation or the promulgation of policy or regulations. 

3 (6) STATUS UPDATES.— 

4 (A) IN GENERAL.—On an annual basis, 

5 the Secretary shall provide to the Committee on 

6 Environment and Public Works of the Senate 

7 and the Committee on Transportation and In8 frastructure of the House of Representatives a 

9 written report that includes— 

10 (i) a summary of the contents of 

11 meetings of the Cooperative Committee; 

12 and 

13 (ii) a description of any recommenda14 tions made by the Cooperative Committee 

15 under paragraph (5), including actions 

16 taken by the Secretary in response to such 

17 recommendations. 

18 (B) COMMENT.— 

19 (i) IN GENERAL.—Not later than 45 

20 days following the conclusion of a meeting 

21 of the Cooperative Committee, the Sec22 retary shall provide to members of the Co23 operative Committee an opportunity to 

24 comment on the contents of the meeting 

25 and any recommendations. 


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1 (ii) INCLUSION.—Comments provided 

2 under clause (i) shall be included in the re3 port provided under subparagraph (A). 

4 (7) COMPENSATION.— 

5 (A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the members of the Coopera7 tive Committee shall serve without compensa8 tion. 

9 (B) TRAVEL EXPENSES.—The members of 

10 the Cooperative Committee shall be allowed 

11 travel expenses, including per diem in lieu of 

12 subsistence, at rates authorized for employees 

13 of agencies under subchapter I of chapter 57 of 

14 title 5, United States Code, while away from 

15 their homes or regular places of business in the 

16 performance of services for the Cooperative 

17 Committee. 

18 (8) MAINTENANCE OF RECORDS.—The Cooper19 ative Committee shall maintain records pertaining to 

20 operating costs and records of the Cooperative Com21 mittee for a period of not less than 3 years. 

Æ 


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