Western Governors’ Association 1 of 7 Policy Resolution 2015 - 08

Western Governors’ Association

Policy Resolution 2015 - 08

Water Resource Management in the West

A. BACKGROUND

1. Water is a crucial resource for communities, industries, habitats, farms, and Western 

states. Clean, reliable water supplies are essential to maintain and improve quality of 

life. The scarce nature of water in much of the West makes it particularly important to 

our states.

2. States are the primary authority for allocating, administering, protecting, and 

developing water resources, and they are primarily responsible for water supply 

planning within their boundaries. States have the ultimate say in the management of 

their water resources and are best suited to speak to the unique nature of Western water 

law and hydrology.

3. Many communities in the West anticipate challenges in meeting future water demands. 

Supplies are nearly fully allocated in many basins across the West, and increased 

demand from population growth, economic development, and extreme weather and fire 

events places added stress on those limited water resources. Sustainability of our 

natural resources, specifically water, is imperative to the foundations upon which the 

West was developed. Growth and development can only continue upon our recognition 

of continued state stewardship of our unique resources and corresponding 

responsibilities.

4. Strong state, regional and national economies require reliable deliveries of good-quality

water, which in turn depend on adequate infrastructure for water and wastewater. 

Investments in water infrastructure also provide jobs and a foundation for long-term 

economic growth in communities throughout the West. Repairs to aging infrastructure 

are costly and often subject to postponement.

5. Western Governors recognize the essential role of partnership with federal agencies in 

Western water management and hope to continue the tradition of collaboration between 

the states and federal agencies.

6. Tribal governments and Western states also share common water resource management 

challenges. The Western Governors Association and Western States Water Council have

had a long and productive partnership with tribes, working to resolve water rights 

claims.
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B. GOVERNORS’ POLICY STATEMENT

1. State Primacy in Water Management: As the preeminent authority on water 

management within their boundaries, states have the right to develop, use, control and 

distribute the surface water and groundwater located within their boundaries, subject to 

international treaties and interstate agreements and judicial decrees.

a. Federal Recognition of State Authority: The federal government has long 

recognized the right to use water as determined under the laws of the various states;

Western Governors value their partnerships with federal agencies as they operate 

under this established legal framework. 

While the Western Governors acknowledge the important role of federal laws such 

as the Clean Water Act, the Endangered Species Act and the Safe Drinking Water 

Act, nothing in any act of Congress or Executive Branch regulatory action should be 

construed as affecting or intending to affect states’ primacy over the allocation and 

administration of their water resources.

Reauthorization of the Water Resources Reform & Development Act, proposed 

federal surplus water rulemakings, and/or storage reallocation studies should 

recognize and defer to the states’ legal right to allocate, develop, use, control, and 

distribute their waters, including but not limited to state storage and use 

requirements.

b. Managing State Waters for Environmental Purposes: States and federal agencies 

should coordinate efforts to avoid, to the extent possible, the listing of waterdependent species under the Endangered Species Act (ESA). When ESA listings 

cannot be avoided, parties should promote the use of existing state tools, such as 

state conservation plans and in-stream flow protections, to conserve and recover 

species. 

2. Infrastructure Needs: Aging infrastructure for existing water and wastewater facilities 

and the need for additional water projects cannot be ignored. Infrastructure investments 

are essential to our nation’s continued economic prosperity and environmental

protection, and they assist states in meeting federally-mandated standards. 

a. Federal Support for Infrastructure Investment: Congress should provide adequate 

support for the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) State 

Revolving Funds. Further, Congress should fully utilize the receipts accruing to the

Reclamation Fund for their intended purpose in the continuing conservation, 

development and wise use of western resources to meet Western water-related 
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needs, including the construction of Congressionally-authorized Bureau of 

Reclamation rural water projects and facilities that are part of a Congressionallyauthorized Indian water rights settlement.

Congress should reauthorize Water Resources Reform & Development Act 

(WRRDA) legislation on a regular schedule and appropriate funding so all projects 

and studies authorized in WRRDA can be completed in a timely manner. 

Congress also should consider facilitating greater investment in water infrastructure, 

utilizing such tools as loan guarantees, revolving funds, infrastructure banks and 

water trust funds.

Capital budgeting and asset management principles should be used to determine 

funding priorities based on long-term sustainability and not annual incremental 

spending choices. It should be accompanied by dedicated sources of funding with 

appropriate financing, cost-sharing, pricing and cost recovery policies. 

b. Alternatives to Direct Federal Investment: Federal and state policymakers should 

also consider other tools to promote investment in water infrastructure and reduce 

financing costs, including: public-private partnerships; bond insurance; risk pooling; 

and credit enhancements. 

Congress should remove the state volume caps for private activity bonds used for 

water and wastewater projects, provide guaranteed tax-exempt status for bonds 

issued by state or local agencies to finance water infrastructure, provide loan 

guarantees, and otherwise support and encourage alternatives to direct federal 

investment of limited general funds. 

c. Hydropower: Congress and the Administration should authorize and implement 

appropriate hydropower projects and programs through efficient permitting 

processes that enhance renewable electric generation capacity and promote 

economic development, while ensuring protection of important environmental 

resources and indigenous people's rights.

d. Infrastructure Planning and Permitting: Infrastructure planning and permitting 

guidelines, rules and regulations should be coordinated, streamlined and sufficiently 

flexible to: 1) allow for timely decision-making in the design, financing and 

construction of needed infrastructure; 2) account for regional differences; 3) balance 

economic and environmental considerations; and 4) minimize the cost of 

compliance. 

3. Western States Require Innovative and Integrated Water Management. Western 

Governors believe effective solutions to water resource challenges require an integrated 
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approach among states and with federal, tribal and local partners. Federal investments 

should assist states in implementing state water plans designed to provide water for 

municipal, rural, agricultural, industrial and habitat needs, and should provide financial 

and technical support for development of watershed and river basin water management 

plans when requested by states. 

Integrated water management planning should also account for flood control, water 

quality protection, and regional water supply systems. Water resource planning must 

occur within a framework that preserves states’ authority to manage water through 

policies which recognize state law and the financial, environmental and social values of 

the water resource to citizens of the western states today and in the future. 

a. Water Transfers: Western Governors recognize the potential benefits of marketbased water transfers, meaning voluntary sales or leases of water rights. The 

Governors support water transfers that avoid or mitigate damages to agricultural 

economies and communities while preventing injury to other water rights, water 

quality and the environment.

b. Energy Development: Western Governors recognize that energy development and 

electricity generation may create new water demands. Western Governors 

recommend increased coordination across the energy and water management 

communities, and support ongoing work to assess the interconnection of energy and 

water through the Regional Transmission Expansion Planning Project for the 

Western interconnection and similar efforts. 

c. Conservation and Efficiency: Because of diminished water resources and declining 

and inconsistent snowpack, Western Governors encourage adoption of strategies to

sustain water resources and extend existing water supplies further through water 

conservation, water reuse and recycling, desalination and reclamation of brackish 

waters, and reductions in per capita water use. The Governors encourage the use of 

and research into promising water-saving strategies. 

d. Local Watershed Planning: Western Governors encourage federal agencies and 

Congress to provide resources such as technical support to states and local 

watershed groups. States may empower these watershed groups to address local 

water issues associated with water quality, growth and land management to

complement state water needs. 

e. Intergovernmental Collaboration and Conflict Resolution: Western Governors 

support the negotiated settlement of interstate water disputes, Indian and Hawaiian 

water rights claims, and other federal water needs and claims, the settlement of 

which are in the best interest of Western states.
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f. State-Federal Coordination: Western Governors recognize the important role of 

federal agencies in advancing sound water resource management in the Western 

states. Governors appreciate the efforts of federal agencies to coordinate waterrelated activities, particularly through the Western States Water Council, and 

support the continuation of these key state-federal partnerships.

4. Western States Need Reliable Water Resource Information: Basic information on the 

status, trends and projections of water resource availability is essential to sound water 

management. 

a. Basic Water Data: Western Governors support the U.S. Geological Survey’s

Cooperative Water Program and National Streamflow Information Program (NSIP), 

the Natural Resources Conservation Service’s Snow Survey and Water Supply 

Forecasting Program, the National Oceanic and Atmospheric Administration’s

(NOAA) weather and hydrology-related data collection, monitoring, and drought 

information programs, and the National Aeronautics and Space Administration’s

National Land Imaging (Landsat) Program with its thermal infrared sensor. Western 

Governors support federal efforts to coordinate water data gathering and 

information programs across multiple agencies. 

b. Extreme Weather Events Planning: Western Governors recognize the significant 

potential impacts of extreme weather events and variability in water supplies. 

Western Governors urge Congress and the Administration to work closely with 

states and other resource managers to improve predictive and adaptive capabilities 

for extreme weather variability and related impacts. We specifically urge the federal 

government to place a priority on improving the sub-seasonal and seasonal 

precipitation forecasting capabilities that could support water management decisionmaking.

c. Water Data Exchange: The Western Governors’ Association and the Western States 

Water Council have worked together to create the Water Data Exchange, an online 

portal that will enable states to share their water data with each other, federal 

agencies, and the public via a common platform. The Governors encourage the use 

of state water data in planning for both the public and private sectors.

5. Drought Preparedness and Response: As exceptional levels of drought persist 

across the West, Governors are leading on drought preparedness and response 

through the Western Governors’ Drought Forum. The Drought Forum provides 

a framework for leaders from states, businesses, non-profits, communities, 

research organizations and federal agencies to share best practices and identify 

policy options for drought management. The Governors have identified several 

areas in need of additional attention from Drought Forum partners, including:
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a. Data and Analysis: Basic data on snowpack, streamflow and soil moisture is 

essential to understanding drought. Though a great deal of information 

already exists, enhanced drought data collection and real-time analysis at a 

higher resolution is essential. Governors support state and federal efforts to 

maintain adequate collection of drought and water data, enhance data 

networks where appropriate, and facilitate better use of existing 

information. 

The Governors appreciate the collaborative efforts on drought provided 

through NOAA’s National Weather Service River Forecast Centers and 

Weather Forecast Offices, and the Office of Atmospheric Research’s labs and 

programs, such as the National Integrated Drought Information System 

(NIDIS).

b. Produced, Reused and Brackish Water: Technology exists to use produced, 

reused, recycled and brackish water—sources traditionally considered to be 

marginal or wastewater. Adoption of this technology has been limited by 

inadequate data, regulatory obstacles, financial barriers, public attitudes and 

logistical uncertainties. Governors support regulatory streamlining and 

policy options to encourage use of produced, brackish, and re-used water 

where appropriate.

c. Forest Health and Soil Stewardship: Better land management practices for 

forests and farmland may help improve availability and soil moisture 

retention. Wildfires can cause sediment runoff in water systems, leading to 

problems for reservoir management and water quality. Governors support 

policies and practices that encourage healthy and resilient forests and soils 

in order to make the most of existing water supplies.

d. Water Use Efficiency and Conservation: Public awareness of drought has directed 

increasing attention to water conservation strategies, both in-home and on-farm. 

Governors encourage municipal, industrial and agricultural water conservation 

strategies as drought management strategy.

e. Infrastructure and Investment: Water infrastructure to store and convey water is 

crucial to drought management, but maintenance and expansion of that 

infrastructure is often difficult to fund. Governors support efforts to make the most 

of existing infrastructure, while seeking creative solutions to add more 

infrastructure with limited resources.

f. Working within Institutional Frameworks to Manage Drought: Legal frameworks 

and regulatory regimes can sometimes limit the ability of state, local and federal 

agencies to respond quickly to drought conditions. Governors believe that 
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innovative, flexible policy solutions, such as streamlined processing of temporary 

water transfers, should be considered when managing drought.

g. Communication and Collaboration: Communication among state officials, 

federal agency representatives, water providers, agricultural users and 

citizens is a crucial component of effective drought response. The Western 

Governors’ Drought Forum will continue to provide a framework for 

sharing best practices through its online resource library, informational 

webinars, and strategy-sharing meetings for the duration of this resolution.

C. GOVERNORS’ MANAGEMENT DIRECTIVE 

1. The Governors direct the WGA staff, where appropriate, to work with Congressional 

committees of jurisdiction and the Executive Branch to achieve the objectives of this 

resolution including funding, subject to the appropriation process, based on a 

prioritization of needs.

2. Furthermore, the Governors direct WGA staff to develop, as appropriate and timely, 

detailed annual work plans to advance the policy positions and goals contained in this 

resolution. Those work plans shall be presented to, and approved by, Western 

Governors prior to implementation. WGA staff shall keep the Governors informed, on a 

regular basis, of their progress in implementing approved annual work plans.

Western Governors enact new policy resolutions and amend existing resolutions on a bi-annual basis. Please 

consult westgov.org/policies for the most current copy of a resolution and a list of all current WGA policy 

resolutions.