Western Governors’ Association 1 of 7 Policy Resolution 2015

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### W estern Governors’ Association Policy Resolution 2015

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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, ad ministering, 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 uniq ue nature of W estern water law and hydrology.

3. M any 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 de velopment , 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 upo n which the West was developed. Growth and development can only continue upon our recognition

of continued s tate stewardship of our unique resources and corresponding responsibilities.

4. S trong 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. R epairs to aging infrastructure

are costl y and often subject to postponement.

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

W estern water management and hope to continue the tradition of collaboration between the states and federal agencies.

6. Tribal governments and W estern states also share common water resource management challenges . T he W estern Governors Association and W estern States Water Council have

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

claims

.Western Governors’ Association 2 of 7 Policy Resolution 2015

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B. GOVERNORS’ POLICY STATEMENT

1. State P rimacy in W ater M anagement : As the preeminent authority on water management within their boundaries, states have the right to develop, use, control and

distribute the surface water and ground water 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 t he 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 Endan gered 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 water

dependent 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 N eeds : 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 state s 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 sh ould 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 W estern water

- relatedWestern Governors’ Association 3 of 7 Policy Resolution 2015

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- aut horized Bureau of Reclamation rural water projects and facilities that are part of a Congressionally

authorized Indian water rights settlement.

Congress should reauthorize Water Resource s Reform & Development Act (W R RDA) legislation on a regular schedule and appropriate funding so all projects

and studies authorized in W R RDA can b e completed in a timely manner.

Congress also should consider facilitating greater investment in water infrastructure, utilizing such too ls as loan guarantees, revolving funds, infrastructure bank s and

water trust fund s

.

Capital budgeting and asset management principles should be used to determine funding priorities based on long

- term sustainability and not annual incremental spending cho ices. 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 p romote 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 gen eral 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 environme ntal considerations ; and 4) minimize the cost of compliance.

3. Western S tates R equire I nnovative and Integrated W ater M anagement. Western

Governors believe effective solutions to water resource challenges require an integratedWestern Governors’ Association 4 of 7 Policy Resolution 2015

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approach among states and with fede ral, 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 sup port 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 value s of

the water resource to citizens of the w estern s tates today and in the future

.

a. Water Transfers : Western Governors recognize the potential benefits o f market

based 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 on going work to assess the interconnection of energy and water through the Regional Transmission Expansion Planning Project for the

Western interconn ection 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 furth er 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. I nter governmental Collaboration and Conflict Resolution : Western Governors support the negotiat ed settlement of interstate water disputes, In dian and Hawaiian water rights claims, and other federal water needs and claims, the settlement of

which are in the best interest of W estern states.Western Governors’ Association 5 of 7 Policy Resolution 2015

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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 water

related activities , particularly through the Western States Water Council, and
support the continuation of th ese key state

- federal partnership s

.

4. Western S tates N eed R eliable W ater R esource I nformation : 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

. G eological S urvey’s Cooperative Water Program and National Streamflow Information Program (NSIP)

, the N atural R esources C onservation S ervice’s Snow Survey and Water Supply Forecasting Program, the National Oceanic and A tmospheric Admin i stration ’s (NOAA) weather and hydrology

- related data collection, monitoring

, and drought information programs, and the N ational A eronautics and S pace A dministration’s National Land Imaging ( Landsat ) Program with its thermal infrared sensor

. Western

G overnors 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 i n 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 decision

making.

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 commo n 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 preparednes s 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 opti ons for drought management. The Governors have identified several areas in need of additional attention from Drought Forum partners, including:Western Governors’ Association 6 of 7 Policy Resolution 2015

- 08 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

thro ugh 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: T echnology 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 attitude s 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 l and 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 thatWestern Governors’ Association 7 of 7 Policy Resolution 2015

- 08 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 official s, 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 th r ough its online resource library, informational webinars, and strategy

- sharing meet ings 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 pla ns.

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.