Water Needs and Strategies

for a Sustainable Future

Western Governors’ Association ◊ June 2006

The Western Governors’ Association wishes to thank the Western States Water Council
for its assistance in the preparation of this report.
 Background - Challenges are Increasing
Population growth is continuing at an unprece- this will result in the reallocation of water to “higher
dented rate in the West with ramifications not only valued uses” with accompanying third party impacts
for cities but rural communities and agricultural that must be considered, such as adverse conse-
areas. At the same time, public support continues quences for rural communities and the environ-
to grow for instream uses, which include bays and ment.
estuaries, for such purposes as fish and wildlife
Additional means to address the water demands
habitat, recreation, and water quality protection, of the West include surface and ground water stor-
placing additional demands on a limited resource.
age, desalination, water reuse, weather modification,
Water for increasing energy needs is expected to ground water recharge and conjunctive use. How-
raise additional demands on available supplies. Un- ever, at the federal level, the operation and mainte-
quantified Indian water right claims represent fur- nance budgets of the two largest federal water sup-
ther challenges which strain water resources and ply agencies, the U.S. Army Corps of Engineers and
institutions throughout the West. Climate change U.S. Bureau of Reclamation, now exceed their con-
represents another threat to reliable and sustainable struction budgets. Their operation and mainte-
water supplies for the West. A recent study finds nance backlog, as well as their rehabilitation and
that “no other effect of climate disruption is as sig- replacement needs, continues to grow. The Envi-
nificant as how it endangers already scarce snow- ronmental Protection Agency’s funding for the
packs and water supply.”1 Clean Water Act and Safe Drinking Water Act State
While water resources are available for growth Revolving Loan Funds is declining while needs
in the aggregate, they are essentially fully grow.
“appropriated” under regimes that have vested pri- Resources, both budgetary and workforce, to
vate property rights in water right holders. New accomplish the recommendations included in this
uses to accommodate growth must largely rely on report will need to come from a variety of sources.
water obtained from changes to existing uses of Partnerships between local, state and federal entities
surface and ground water, with limited opportuni- are likely to become more commonplace and a ne-
ties to develop new supplies. In many instances, cessity as federal budgets become more limited.

1
Less Snow, Less Water: Climate Disruption in the West, The Rocky Mountain Climate Organization, September 2005.

“Resources, both budgetary and workforce, to

accomplish the recommendations included in this
report will need to come from a variety of sources.”

3
 Analyses and Recommendations
1. Water Policy and Growth

Analysis future of water management. Western states are ex-

Water scarcity (relative to demand) is reality in periencing large population percentage changes. Ac-
much of the West, but reservoir storage, transbasin cording to the 2000 Census Bureau statistics, popula-
diversions, ground water development, water right tion growth varied significantly by region in the 1990s,
transfers, conservation, and other measures have al- with the highest rates in the West (19.7 percent). The
lowed growth to continue. However, in some areas West increased by 10.4 million to reach 63.2 million
for the first time legal and physical limits are appearing people. Because of differences in growth rates, the
on the planning horizon. In the future, we may not be regional shares of the total population have shifted
able to sustain unlimited growth and still maintain our considerably in recent decades. Between 1950 and
current quality of life. Difficult political choices will be 2000, the percentage of the Nation’s population living
necessary regarding future economic and environ- in the West increased from 13.3 to 22.5 percent. More
mental uses of water and the best way to encourage recently, from 2004 to 2005, five of the six fastest
the orderly transition to a new equilibrium. Among growing states were: Arizona (3.5%); Nevada (3.5%);
other things, these new realities require an evaluation Idaho (2.4%); Utah (2.0%) and Texas (1.7%). Other
of the relationship between water policies and growth. western states are not far behind B Colorado (1.4%),
Oregon (1.4%), New Mexico (1.3%) and Washington
While growth management remains primarily a (1.3%). Notably, many of these states are also the dri-
local prerogative, states are increasingly exercising their est states in the Nation!
influence. States have the primary responsibility for
water allocation and management. They have jurisdic- Water continues to move from farms to cities, with
tion to sanction both new appropriations and transfers expected and sometimes unexpected results. The so-
of existing uses. They also have the primary responsi- cial, economic and environmental results are important
bility for protecting water quality, and the pivotal role and sometimes are not well understood. Third party
in the integration of water quantity allocation and wa- and other direct impacts of water transfers, water con-
ter quality protection. As a result, states can play a servation, declining rural economies based on irriga-
critical role relating to growth in the West where water tion, dwindling surface and ground water supplies and
is a scarce resource and competing demands vie for other water use related changes, as well as growing
rights to its use. In other words, the implications of instream water demands for environmental and recrea-
states’ decisions in this arena have direct implications tional uses, are all redefining our quality of life in the
for growth. West. Further, as municipal and industrial water use
increase relative to older agricultural uses, the demand
It is obvious that changing demographics and val- becomes more inelastic. A farmer can forgo a crop
ues placed on various water uses is transforming the year when water supplies are tight; a municipal water

“In the future, we may not be able to sustain unlimited

growth and still maintain our current quality of life. Difficult
political choices will be necessary regarding future economic
and environmental uses of water and the best way to encour-
age the orderly transition to a new equilibrium.”
4
 system cannot cut back or shut down without
serious consequences to the community served.
Growth is also occurring in agricultural areas
where key water resources are often fragile and
scarce. Natural amenities of the West are being
subdivided and displaced. Ironically, these natu-
ral elements are key factors attracting the very
population movement which is destroying them.
well understood. To encourage sustainable growth
All this is raising concerns related to sustainability.
policies and plans, states should identify the water
Decisions about where and how to grow are rarely demands and impacts associated with future growth.
influenced by the water policy or the availability of Additionally, states should develop integrated growth
water. Nevertheless, where a state undertakes to de- and water resource scenarios so that the consequences
velop and implement a comprehensive growth- of various growth scenarios can be evaluated for both
management strategy, water resources policy should be the near and long term. Further, guidance as to appro-
a component of that strategy. Indeed, many believe priate methods to manage growth through access to
the future of growth-management efforts will revolve water supplies should be provided. Such guidance
around natural resource constraints. State efforts should be sufficiently flexible, within the framework of
should not attempt to preempt local prerogatives, but relevant constitutional restraints, to give appropriate
rather endeavor to inform, guide, and assist local ef- discretion to locally elected officials.
forts. In this context, the follow steps should be
taken. 1.B. States should facilitate collaborative water-
shed-focused planning that balances desir-
Recommendations: able growth and protection of the natural
1.A. To foster sustainable growth policies, states environment that depends on surface and
should identify water requirements needed ground water quantity and quality.
for future growth, and develop integrated There is a growing consensus that, as watersheds
growth and water supply impact scenarios have emerged as the unit for management and action,
that can be presented to local decision mak- they have become a rational framework for undertak-
ers. ing integrated resource management.2 Seen in this
The relationship between population growth and context, addressing growth management concerns
water resources is often significant, but too often not should be within the range of issues that local stake-
holders involved in watershed planning may wish to

2
It is recognized that other sub-state planning units such as “regions” are being used in some states.

“State efforts should not attempt to preempt local

prerogatives, but rather endeavor to inform,
guide, and assist local efforts.”

5
 pursue. Thus, state growth management strategies work of a comprehensive growth management strat-
should recognize and take full advantage of the poten- egy, would be an appropriate step in this direction.
tial of watershed efforts to deal effectively with issues
associated with growth. 1.D. States and local governments should con-
sider the impacts of continued growth that
1.C. In reviewing applications for new water uses, relies on transfers from agriculture and rural
transfers and changes in use, including in- areas, and identify feasible alternatives to
stream flows, states should consider local, those transfers.
tribal and watershed plans and decisions
There is understandable support for the notion of
regarding growth management.
allowing markets to operate to facilitate transfers from
Since the state’s role is to encourage and assist agricultural to municipal and urban use as a means to
local communities regarding growth management, then accommodate the needs of a growing population.
decisions reached by local, tribal, and watershed com- While such transfers have much to commend them,
munities should be given considerable weight in deter- third party impacts should be taken into account, in-
mining whether new applications to appropriate water, cluding adverse effects on rural communities and envi-
or to transfer existing rights, including for instream ronmental values. Alternatives that could reasonably
flow purposes, are in the public interest. Providing avoid such adverse impacts should be identified.
explicit authority to water officials to do so, when con-
sidering public interest needs and within the frame-

6
2. State Needs and Strategies to Meet Future Demands

Analysis virtually every western state as a priority. After several

The availability of water of suitable quality clearly years of consecutive drought, it should not be surpris-
affects sustained growth and prosperity in western ing that in the arid West water supply continues to be
states. Virtually every western state has some type of of vital concern. Fresh water supplies are limited and
state water plan that projects population growth and many if not most surface water and ground water
anticipated increases in water use for various purposes. sources are fully appropriated or otherwise reserved
Most include information on existing uses and gaps in for myriad uses. Environmental and recreational uses
projected supply and demand over different periods of are growing and need to be accommodated by water
time. Similarly, various state, federal and local agencies managers. Energy demands and related water resource
have developed extensive recommendations for meet- needs are significant concerns. As the United States
ing future water needs. Together, these studies pro- expands its domestic energy production, the interac-
vide a snapshot of current conditions and possible tion between energy development and water use in the
strategies to help meet the future water needs of the western states cannot be overlooked. The issues range
West. from how to deal with water produced from extraction
processes to meeting the cooling water demands of
In establishing and implementing water planning, a coal and natural gas fired power plants. Agriculture
new paradigm has emerged which moves away from a accounts for most of the diversions from rivers and
top down approach to identifying problems, projecting streams in the West. Hydropower is also very impor-
needs and suggesting projects and programs towards a tant in water resources development and financing.
bottom up approach that relies on local stakeholders, Water is a unique public and private resource or com-
often on a watershed level, coming together to define modity that can be bought and sold, used and reused.
and bring to state and federal governments their per- However, there are limits, and conflicts among these
ceived needs and most likely solutions to their water competing uses and users are increasing.
supply problems. These can then be compiled and
reconciled with adjacent communities’ needs in the While states underscore the need generally for ad-
form of a general state water plan. Federal agencies’ ditional supplies, many states emphasize in particular
water supply policies, programs and projects need to the need to provide adequate supplies to rural commu-
take into account these planning efforts and ensure nities. In some areas of the West, rural residents must
their mission related activities are as consistent as pos- still haul their own drinking water, or the water quality
sible. is poor. Drinking water systems are expensive and the
costs often exceed rural water users’ ability to pay.
The need for additional supplies to meet growing
and changing water supply demands for both off- Western states recognize the difficulty of con-
stream and instream demands has been identified by structing new large water projects. Instead, projects

“Federal agencies’ water supply policies, programs

and projects need to take into account these
[watershed] planning efforts and ensure their mission
related activities are as consistent as possible.”
7
 for the future are more likely to be more
innovative, environmentally sensitive, and
smaller in scale. Further, before new water
supply projects are built, opportunities to
conserve water in ways that will stretch
existing supplies will be fully examined, and
to the extent practical, implemented.
Water conservation measures and water
markets can be valuable tools in achieving
a new equilibrium between supply and de-
mand. Win-win scenarios are definitely
possible, but they may be difficult to
achieve when third-party impacts are considered. Specifically, western states and water managers
Thus, water transfers and water conservation measures depend on:
must be evaluated on a case-by-case basis. ● USDA’s Snow Survey and Water Supply Forecasting
Such measures should accompany efforts to aug- Program under the Natural Resources Conservation
ment existing water supplies in the West. To enhance Service (NRCS), National Water and Climate Center,
opportunities to meet future water challenges in a sus- which operates Snow Telemetry (SNOTEL) sites and
tainable way, existing and new technologies to increase the Soil and Climate Analysis Network (SCAN) di-
supplies should be further evaluated. rectly monitoring soil moisture;

There is a need for more and better water informa- ● The U.S. Geological Survey’s Cooperative Water
tion, specifically data on water use, efficiencies and Program (CWP), National Streamflow Information
water availability, to facilitate decision making. While Program (NSIP), National Water Information System
there exists a substantial amount of data on stream- (NWIS), National Water Quality Assessment Program
flows, much of which is now available on a real-time (NAWQA); and USGS ground water data base;
basis, there is less data and less reliable information ● Remote sensing capabilities of the National Aero-
related to water quality and ground water and rural nautics and Space Administration (NASA) and the
water supplies. Further, some of the vital water infor- National Oceanic and Atmospheric Administration
mation management systems that are now available are (NOAA), especially the USGS and NASA’s Landsat
threatened by reductions in federal funding and lack of thermal sensing and other imaging capabilities;
necessary maintenance.

“Before new water supply projects are built,

opportunities to conserve water in ways that will
stretch existing supplies will be fully examined, and
to the extent practical, implemented.”
8
● The National Weather Service’s National Environ- fits provided by basic data gathering efforts,
mental Real-Time Observation Network (NERON) which make it an appropriate governmental
and cooperative weather observer network; activity.
● The U.S. Forest Service’s Remote Automated With respect to USGS streamgaging activities, the
Weather Stations (RAWS) network; and other sources Cooperative Water Program continually faces un-
of data. funded federal salary cost increases, which have con-
Additionally, there needs to be better integration sistently led to the loss of important streamgages and
of the data that is being collected. The National Inte- related water resources data. Arguably, this can be
grated Drought Information System (NIDIS) is a good linked to a loss or an increased risk to life and property
model for such integration. related to extreme events such as flooding and
drought. Non-USGS cooperators pay some two-
thirds of the cost of the Coop program. The USGS
Recommendations: National Streamflow Information Program and NRCS
snow survey and water supply forecasting capabilities
2.A. Federal and state agencies should increase
are a very critical component of water management
support and funding for state and federal
that face similar funding problems. Moreover, the
basic water data gathering activities that can
potential future loss of current Landsat thermal band
serve as the basis for sound decision making.
capabilities is a concern, as more and more states rely
Gaps in data should be identified. Remote
on this data to determine evapotranspiration, as well as
sensing capabilities, including Landsat ther-
measure and monitor agricultural water use and evalu-
mal data, and developing technologies, such
ate “what if” scenarios resulting from climate change.
as the use of Doppler radar to measure
Ground water monitoring is of growing importance, as
streamflows, are important tools that need to
is data on water quality. Both lag far behind surface
be retained and fostered. Further, state and
water availability data. Rural areas also lack adequate
federal agencies must find ways to reduce
water information for decision making.
costs related to gathering and disseminating
real-time water data/information, including 2.B. Use the research programs at western state
the acceptance of more in-kind contributions universities to focus research on practical
from cooperators. Moreover, new and stable applications of promising new technologies,
sources of funding are needed. User-pay and identify areas where the increased use of
opportunities or voluntary non-governmental technology (e.g. remote sensing, Supervisory
organization contributions should be ex- Control and Data Acquisition, new water and
plored, while recognizing the general bene- wastewater treatment technologies, energy

9
 and water efficiency) should be promoted to 2.D. The WSWC should encourage states to de-
enable more efficient and cost effective op- velop and implement strong state water
erations. plans and compile a state-by-state and West-
Funding the research, development and application wide summary of existing water uses, water
of new water resources-related technologies and fos- plans and planning efforts, current ground
tering technology transfer opportunities are important and surface water supplies, and anticipated
to more efficient and effective water resources man- future demands, then identify and evaluate
agement. Existing federal and state research dollars trends and common themes. The summa-
should be carefully and collaboratively allocated to ries should address both consumptive and
focus limited resources on priority needs. non-consumptive uses and demands. This
summary should include both existing water
2.C. The WGA and WSWC strongly support en- supply and demand-management policies
actment of the National Integrated Drought and programs, as well as planned or poten-
Information System Act of 2006 (H.R. 5136 tial activities. The focus should be on a
and S. 2751) to make permanent a National grassroots, watershed approach to identify-
Integrated Drought Information System ing water problems and potential solutions
(NIDIS), as well as broader national drought from the ground up, integrating these efforts
preparedness legislation. State and federal into individual state plans. Similarly, re-
agencies should consider steps to pursue gional or multi-state and multiple river basin
creation of a broader integrated water re- strategic plans should be comprised of these
sources information system, which would building blocks.
serve as a basis for water-related planning, Virtually every western state has past and present
preparedness and response activities. water plans and many employ ongoing water planning
Western states have suffered and continue to strug- efforts. These vary widely in detail, style and size, but
gle with the impacts of a multiyear drought. Much of should form the basis for any future efforts to fashion
the potential for drought mitigation requires extensive a western or national water policy or plan, as some
planning and preparation long before impacts are real- have suggested. An evaluation of common compo-
ized. There is no national drought policy, nor a one- nents may lead to the broader application of successful
stop shop for information to aid decisionmakers. practices. State water plans may include management
Moreover, drought is but one hydrologic extreme, with responses which: (1) improve demand management
flood prediction, mitigation monitoring and control and conservation strategies; (2) utilize integrated water
equally important. resource management as an effective method for as-

“An evaluation of common components [of

state water plans] may lead to the broader
application of successful practices.”

10
 sessing adaptation options and their implications in the including water conservation and water use
context of an evolving regulatory environment with its efficiency, demand management (including
competing demands; (3) develop new surface or pricing structures), water and water rights
groundwater storage capacity, including new reservoirs transfers, water banking, water reuse, revolv-
and expansion of existing reservoirs;3 (4) enhance ways ing fallowing of agricultural lands, watershed
to manage all available water supplies, including protection and management, surface and
groundwater, surface water, and effluent, in a sustain- ground water storage alternatives, desalina-
able manner; (5) increase ability to shift water within tion, and weather modification. Based on
and between sectors (including agriculture to urban), the findings, the WSWC should initiate dis-
while mitigating any associated impacts in the basin of cussions on an interstate level to optimize
origin;4 (6) reuse municipal wastewater, improve man- appropriate opportunities to ensure that ade-
agement of urban storm water runoff, and promote quate supplies of suitable quality are avail-
collection of rainwater for local use to enhance urban able to sustain the growth and prosperity of
water supplies to the extent allowed by state water western states.
laws; (7) increase efforts to restore and maintain water-
The above is the charge given to the WSWC by
sheds to improve water cycle functioning (which
western governors in 1965, when water problems that
would include invasive vegetation removal, forest
are now growing acute were first addressed. The
management, etc.) as an integrated strategy for manag-
Council was created as a forum to consider future wa-
ing water quality and quantity; (8) consider the energy-
ter problems, and continues to serve in an advisory
water nexus as a way for both increasing water use
capacity. Many western water challenges have already
efficiency and minimizing emissions of greenhouse
reached or are reaching critical levels that require a
gases (from related energy use); and (9) develop inno-
greater degree of regional collaboration in addressing
vative water augmentation technologies such as
westwide issues related to growth and water supply.
weather modification, desalination, and chloride con-
trol. 2.F. The WSWC should hold a workshop in col-
laboration with relevant federal agencies and
2.E. The WSWC should explore the relative mer- other stakeholders to evaluate federal and
its and obstacles related to various programs
state watershed programs and strategies, and
and technologies and legal and institutional
examine in particular the commitment of
means to augment existing water supplies,

3
Availability of acceptable sites for new dams, as well as the economic, environmental, and social costs associated with reservoir construc-
tion can be limiting factors. Further, reservoirs may be vulnerable to increased evaporation as climate warms. Aquifer storage is another
storage option, however, is very energy intensive when treatment or injection wells are required; in areas where expansion of supply
infrastructure is infeasible, demand management is a particularly sensible strategy to meet future water needs.
4
Water transfer mechanisms include permanent transfers, dry-year contracts, spot markets, and water banking.

11
 resources to the watershed approach and the Many effective watershed based planning groups
level of coordination among federal agencies are in place across the West. These groups should be
and between federal and state agencies, nurtured and encouraged to, where applicable, inte-
Tribes, conservation districts, municipalities, grate all components of land and water management
NGOs, etc. planning. Watershed protection and management
Forestry, range, agricultural and other public/ practices are therefore a marriage of water and land
private land management practices have significant management. Farm Bill 2007 and funding for USDA’s
impacts on water supply and water quality. Further, Conservation Reserve Program, Conservation Reserve
many if not most water resources management prob- Enhancement Program, Environmental Quality Incen-
lems are best addressed first at the local watershed tives Program, and Surface and Ground Water Conser-
level. vation Program are very important in furthering west-
ern state water supply and water quality objectives.

“Much of our infrastructure is inadequate due

to population growth, water quality
requirements and safety threats not anticipated
at the time of its design and construction.”
12
3. Water Infrastructure Needs and Promising Strategies for Meeting Them
Analysis and safety, as well as jobs, economies and natural re-
The future growth and prosperity of the West de- sources would be put at risk. Without the resiliency
pends on our aging water-related infrastructure: dams provided by our present infrastructure, we would be at
and reservoirs; levees; pipelines; pumping plants; hy- the mercy of natural disasters.
droelectric power plants; aqueducts, canals, laterals, Furthermore, as a society, we have also defined
and drains; water and wastewater treatment plants; basic human rights to include access to clean and safe
stormwater management works and other facilities to drinking water, wastewater treatment, flood and
control and manage the water that supports our pre- drought protection, and other water-related public
sent way of life. Much of this infrastructure is being goods and services. Providing these in an efficient and
used beyond its engineered design life, and some parts affordable manner can be challenging, especially in
suffer from the impacts of deferred maintenance. rural and economically disadvantaged areas, but the
Much of the infrastructure was put into place prior to failure to do so can lead to greater public health risks,
enactment of modern safety, security and environ- economic stagnation, environmental degradation, etc.
mental requirements, and upgrades to these facilities or Also, individuals left to meet their own needs through
changes in their operation may be needed to conform piecemeal private development, such as domestic wa-
to appropriate natural resources stewardship principles ter wells, septic systems, private dams and levees and
and meet new demands related to population growth, other works, have no incentive to consider third-party
rural development, environmental restoration, chang- impacts.
ing societal values and national security threats. Underfunding needed capital improvements is a
Much of our infrastructure is inadequate due to chronic problem that States and local governments will
population growth, water quality requirements and have to creatively address, finding ways to finance their
safety threats not anticipated at the time of its design water-related infrastructure needs, with or without
and construction. Redesigning, rebuilding and re- federal assistance. Meeting our current and future
operating public infrastructure will be costly and chal- infrastructure needs will require a long-term public and
lenging, particularly given the fact that most of it was private financial commitment at all levels, and public
built by many different agencies at all levels of govern- education regarding the value of water as both a public
ment with various charges. It is essential that agencies and private good, the value of water-related services,
work cooperatively and “smarter” to maintain that appropriate water pricing, and the need for capital
infrastructure and to expand it to meet present and budgeting. In some cases, consolidation of present
future needs. The consequences of failing to maintain services may allow communities to share capital re-
our present investment in infrastructure and address sources and reduce operation and maintenance costs
our future water needs are unacceptable. Public health associated with water related infrastructure. Further,

“Underfunding needed capital improvements is a chronic

problem that States and local governments will have to
creatively address, finding ways to finance their water-related
infrastructure needs, with or without federal assistance.”
13
 changes may need to be made in the ways we design, may eventually require reauthorization of some federal
bid, build and finance projects at all levels of govern- projects to include new project purposes, while pro-
ment. tecting traditional uses. Likewise, we must fully ex-
At the federal level, the operation and maintenance plore opportunities to apply different management
budgets of the two largest federal water supply agen- strategies and new and innovative uses of technology
cies, the U.S. Army Corps of Engineers and U.S. Bu- to solve existing infrastructure problems and improve
reau of Reclamation, now exceed their construction future facility operations.
budgets. Their operation and maintenance backlog, as While funding and financing future infrastructure
well as their rehabilitation and replacement wish list, needs will be challenging under our current budget
continues to grow. The Environmental Protection constraints at all levels of government, there remains a
Agency’s (EPA) funding for the Clean Water Act and significant federal role in providing assistance when
Safe Drinking Water Act State Revolving Loan Funds needs exceed state and local resources; where Tribal,
(SRFs) is drastically declining while needs continue to environmental, or federal public health and safety re-
grow. Various agencies and organizations have pub- quirements are involved; or where national security is
lished reports rating the condition of our infrastruc- threatened. At the same time, States and local agencies
ture, identifying future needs and highlighting looming must plan how they will meet their own respective
gaps in current federal funding. Increasing public obligations for providing the necessary infrastructure
support and a change in national priorities will be for a sustainable future.
needed to secure sufficient federal money to address Recommendations:
pressing public health and safety needs and meet asso-
ciated federal requirements and obligations. 3.A. The WGA should support continuing stable
federal State Revolving Fund appropriations
Further, meeting future water-related public health at a level of $1.35 billion for the Clean Water
and safety needs in concert with various federal, state, SRF and $850 million for the Drinking Water
tribal and local interests will require expanding current SRF, increased annually by a construction
partnerships and building new partnerships. Increased inflation index. Further, states need flexibil-
focus must be placed on inter-regional and interstate ity and fewer restrictions in addressing their
planning and cooperation to maximize the beneficial priorities.
use of our limited water and financial resources. This
Past and present federal budget requests that pro-
pose significant reductions in SRF funding are incon-
sistent with the need to close the gap between pro-
jected future national clean water infrastructure needs

14
and current levels of spending. Further, to the extent allow the federal government to use these revenues for
federal law has defined a human right to a certain level other purposes.
of treatment for drinking water and wastewater nation-
wide, the federal government has an obligation to help 3.C. The WGA should ask Congress to enact S.
meet those needs. 895 (“The Rural Water Supply Act of 2005”)
to assess rural water supply needs and au-
3.B. The WGA should urge Congress to increase
thorize federal loan guarantees under Title II
appropriations from annual receipts (now
to better enable non-federal project sponsors
over $1 billion) accruing to the Reclamation
to obtain private financing for reimbursable
Fund, for authorized Bureau of Reclamation extraordinary operation and maintenance,
projects and purposes, to help meet western
rehabilitation and replacement costs.
water supply needs, especially for rural com-
munities, to maintain and replace past pro- According to EPA’s 1999 Needs Assessment, ap-
jects, and to build new capacity necessary to proximately 45,000 of the Nation’s 55,000 community
meet demands related to growth and envi- water systems serve fewer than 3,300 people. Regard-
ronmental protection. less of their size and configuration, small water sys-
tems face many unique challenges in providing safe
The Reclamation Act of 1902 provided for water drinking water to consumers. The substantial capital
development in the seventeen western states and cre-
investments required to rehabilitate, upgrade, or install
ated the Reclamation Fund as a source of money to
infrastructure represent one such challenge.
pay for related costs. Receipts accrue from project
water and power sales, federal mineral leasing reve- Federal loan guarantee authority should be pro-
nues, miscellaneous land sales, and other sources. For vided to allow the Bureau of Reclamation to guarantee
decades, revenues were insufficient to pay for con- the repayment of state and local bonds for the rehabili-
struction and program costs, but more recently re- tation, betterment, and construction of projects. At
ceipts have exceeded expenditures, (which must be present, given federal ownership, non-federal project
appropriated by the Congress). The estimated unobli- sponsors – many with project operation and mainte-
gated balance in the Reclamation Fund for FY2006 is nance responsibilities – lack the collateral to secure
just under $6 billion, and by the end of FY2007 it is private financing to meet their repayment obligations
projected to be over $7.2 billion. These revenues from for needed rehabilitation and betterment work or ex-
western resources are authorized for Reclamation pur- traordinary maintenance. Title II’s federal loan guar-
poses, and should be so spent. However, discretionary antees would help remedy this problem.
budget spending limits on appropriations in effect

“To the extent federal law has defined a human right

to a certain level of treatment for drinking water and
wastewater nationwide, the federal government has
an obligation to help meet those needs.”
15
 3.D. Congress needs to enact new authority for portunities to expand the range of interests
the U.S. Army Corps of Engineers, the Water to build a coalition to support necessary
Resources Development Act (WRDA), which funding, as well as evaluate any opportuni-
includes many projects important to the ties to consolidate delivery of water-related
West, and carefully consider planning and services.
prioritization changes to encourage achieve-
The rehabilitation, replacement and reconstruction
ment of the maximum regional and national of much of our current water-related infrastructure,
benefits.
including watershed and dam rehabilitation that will
This legislation authorizes hundreds of navigation take place over the next few decades present a con-
improvement, flood protection and environmental tinuing opportunity to both reevaluate and expand the
restoration projects, project modifications and investi- range of beneficiaries and project purposes to be
gations by the U.S. Army Corps of Engineers. It has served in the future. Win-win scenarios may emerge as
been five years since the last omnibus Corps authoriza- conservation, legal and financing mechanisms allow
tion bill was passed. water to move between users to more uses in return
for cost sharing assistance in maintaining existing in-
3.E. The WGA should encourage all levels of gov- frastructure (and the associated benefits) while accom-
ernment to maximize opportunities for a modating new uses and their beneficiaries.
coordinated regional and/or watershed ap-
proach under state and federal water pollu- 3.G. The WSWC should identify successful water
tion control laws to source water protection, resources-related infrastructure and natural
stormwater management and non-point resources management partnerships and
source pollution. evaluate organizational opportunities for
A holistic watershed or problemshed approach to public/private, federal/state/local, agency/
water problems is practiced with increasing success at agency, agricultural/urban and other effec-
different levels of government. It is gaining growing tive partnerships.
acceptance as an effective means to find solutions and Past partnerships should be evaluated to identify
reduce costs. Federal EPA and USDA spending on transferable programs, policies and operating agree-
related programs is important to meet both water sup- ments that will allow more interests to participate ef-
ply and water pollution control goals. fectively in identifying and meeting our future water
needs. Innovative organizational opportunities and
3.F. The WSWC should identify the beneficiaries collaborative mechanisms may need to be created.
of our existing water infrastructure and op-

16
3.H. The states should develop coordinated pub- 3.I. The WSWC should organize a series of on-
lic education and other outreach programs to going biennial symposia designed to: (a)
help survey and communicate the need for bring stakeholders together to try and find
adequate public infrastructure investments ways to meet our growing western water,
at all levels of government, highlight the wastewater, watershed protection and resto-
consequences of a failure to address our pre- ration, and public safety-related infrastruc-
sent problems, and stress the need to price ture funding needs; (b) find ways to quan-
water-related goods and services so as to tify, evaluate and prioritize funding those
allow for necessary capital budgeting for needs; and (c) highlight the benefits of inte-
project rehabilitation and replacement. grated watershed, riverbasin, regional and
A consistent, long-term public education and out- interstate planning and management.
reach program is needed to help people understand The Council’s successful biennial symposia on
future challenges, our choices, and the consequences. Indian Water Rights Negotiations, with WGA’s sup-
For many reasons water often is undervalued and mar- port, is a model for bringing together various interests
kets and other price-setting mechanisms are sometimes on a continuing basis to help develop partnerships,
skewed in such a manner that appropriate future in- while searching for ways to design and prioritize solu-
vestments in water are discouraged. tions to our future water and related infrastructure
challenges.

“A consistent, long-term public education and outreach

program is needed to help people understand future
challenges, our choices, and the consequences.”

17
 4. Resolution of Indian Water Rights

Analysis settlements have provided practical solutions, infra-

For the past two decades, the Western Governors structure and funding, while saving millions of dollars
have strongly and consistently supported the negoti- of private and public monies through avoidance of
ated settlement of Indian land and water disputes. prolonged and costly litigation, and have fostered con-
Their most recent policy statement reads: “The West- servation and sound water management practices and
ern Governors continue to support negotiated rather established the basis for cooperative partnerships be-
than litigated settlements of Indian water rights dis- tween Indian and non-Indian communities.
putes. The federal government has major responsibil- This successful process is currently threatened by
ity for ensuring successful conclusion of the process, federal fiscal and legal policies. While the Department
including providing information and technical assis- of Interior continues to espouse settlement, it is taking
tance to the tribes, providing federal negotiating teams an increasingly narrow view of its trust responsibilities
to represent one federal voice and further the process, to tribes and its willingness to fund settlements that
seeking approval of agreements, fully funding the fed- benefit non-Indians as well. In coordination with the
eral share and insuring that the settlements are imple- Office of Management and Budget (OMB) and the
mented.” Department of Justice (DOJ), it has been asserting that
The Western States’ sovereign counterparts, the its contribution to settlements should be no more than
Indian nations claiming water rights, have also sup- its calculable legal exposure and that even this can be
ported negotiated settlement of these difficult legal narrowly drawn so that often its financial obligation is
issues. The National Congress of American Indians little or none.
(NCAI) “believes that the settlement of tribal water It has long been the accepted premise that meeting
and land claims is one of the most important aspects the cost of Indian water and infrastructure in Indian
of the United States’ first obligations to Indians and is water rights settlements is the trust responsibility of
of vital importance to the country as a whole.” the federal government. At the same time, it must be
It is critical that Western States and tribes take acknowledged that an appropriate share of these costs
stock of the settlement process, what remains to be of settlement, which correspond to non-Indian water
accomplished and whether the current federal policy – and infrastructure benefits, increasingly a component
and more importantly, practice – is effective in moving of Indian water rights settlements, should be borne by
the remaining settlements forward. the states. The states and the federal government
must work together to jointly design and fund settle-
Over the past 25 years, more than 21 settlements ment projects that provide the greatest benefit for
of Indian land and water rights have been reached in Indian and non-Indian water users alike in those situa-
the western states and approved by Congress. The

Artist’s rendition of completion of Ridges Basin

Dam, being built pursuant to implementation of

18
the Colorado Ute Settlement Act of 2000.
 tions where the interests are inextricably combined by Indian water rights settlements is a finite list of pend-
practical reality. ing problems, one that grows shorter with each settle-
Funding for tribes’ attorneys and technical experts ment. It is a national obligation that can be met in full,
has been so severely reduced over the past few years once and for all, by concluding settlements with those
that it is making it difficult for tribes to meaningfully tribes and pueblos whose rights have not yet been
participate in the process. The Bureau of Indian Af- adjudicated. But, while the number of pending settle-
fairs (BIA) has also recently announced further cuts to ments is set, the cost of implementing them will con-
these vital services to pay for $7 million in attorneys’ tinue to rise - meaning that postponing this duty only
fees for the Cobell litigation. To deny the tribes the increases its cost to the nation, as it perpetuates the
funds necessary to ensure competent legal and hydro- hardship to Indian people unable to enjoy the full use
logic expertise is tantamount to denying them the right of their water rights and the inability of non-Indian
to defend a basic component of their physical and governments to plan for water use in the absence of
cultural survival. firm data on respective use entitlements.

The Western States and Tribes have continued to

work hard to conclude water settlements but can no Recommendations:
longer continue to do so in a virtual vacuum of mean- 4.A. Reaffirm the resolution of the Western Gov-
ingful federal participation and financial commitment. ernors’ Association on settlement of Indian
Settlements in Montana and New Mexico languish water right claims.
because the Interior Department has pulled back on its
funding commitments. The impending crisis may not The Western States and Tribes must renew their
be as dramatic as a hurricane, but the long-term im- commitment to this most important process.
pacts are no less real. Failure to conclude meaningful
4.B. Building on the successes of the past two
water right settlements will undermine the Western
decades, the WGA should engage Congress
States’ planning for sustainable growth and disrupt
in an important discussion of what federal
their ability to meet long-term water demands. Litiga-
policy should be and how these settlements
tion could result in substantial disruption of non-
can be funded.
Indian uses. Further, if tribes are forced to litigate to
protect their water rights, their eventual quantification Whether through oversight hearings or high-level
may be meaningless without federal dollars to develop policy meetings, the message should be clear: there is
their water supplies for their homelands. an impending crisis in western water if this vital settle-
ment process is allowed to languish. The costs of fail-
It must also be observed that unlike responding to
ure for the states and tribes will be too high and op-
random natural catastrophes, the national obligation of

“Failure to conclude meaningful water right settlements will undermine the

Western States’ planning for sustainable growth and disrupt their ability to
meet long-term water demands. Further, if tribes are forced to litigate to
protect their water rights, their eventual quantification may be meaningless
without federal dollars to develop their water supplies for their homelands.”
19
 portunities lost will be gone forever if we do not act grammatic responsibilities related to Indian
cooperatively now. water right settlements.

4.C. The WGA should appeal directly to the new Discussions with the new Secretary should also
Secretary of Interior to begin a meaningful include a review of the benefits of settlements to non-
dialog on the Departments’ trust and pro- Indian communities throughout the West.

Tau-gu, Chief of the Paiutes, overlooking the Virgin

River with John Wesley Powell, Circa 1873,
(Photo from the Grand Canyon National Park Mu-
seum Collection , courtesy of the National Park
Service.)

20
5. Preparations for Climate Change Impacts

Analysis the end of the 21st Century. Precipitation predictions

During the past century, global surface tempera- show a greater range of possibilities, thus they are con-
tures have reportedly increased at a rate near 1.1ºF. sidered more uncertain. The American West could
heat up more than the worldwide average, with re-
The rate of temperature increase has been three times
gional climate models suggesting temperature increases
larger since 1976, with some of the largest temperature
increases occurring in the high latitudes. Average tem- in the West could be 4-13ºF. Projected impacts that
peratures in the West have reportedly risen 2-5ºF dur- could accompany this warming in the West include the
following:
ing the 20th century—greater than in other regions of
the contiguous United States. As the West has ● Smaller snowpacks—winter precipitation could
warmed, snowfall and snowpack have diminished in fall as rain instead of snow; periods of snowpack accu-
major portions of the West, and an increasing fraction mulation could be shorter; and snowpacks could be
smaller, which has serious implications for reservoir
of winter precipitation is falling as rain, rather than storage.
snow. Additionally, Western snowpacks are melting
● Earlier snowmelt—warming earlier in the year
earlier with peak runoff coming 10 to 30 days earlier in could melt snowpacks sooner further increasing the
many cases. The region has generally had increases in length of time between peak water flows and the sum-
precipitation, with significant increases in some areas. mertime peak water needs of cities, farmers, utilities,
However, other areas have become drier and experi- etc. requiring more reservoir storage to capture the
enced more droughts. Wildfire in the West has in- earlier runoff.
creased, particularly in the last two decades. Of the ● Flood-control releases—water managers may be
major mountain ranges in the West—the Cascades, the forced to make changes in reservoir operations and
rule curves.
Sierra Nevada, and the Rockies—trends are more pro-
nounced in the Cascades and the Sierra Nevada and ● More extreme flood events—extreme events
could be more common causing more frequent and
less so in the Central and Northern Rockies, due in
larger floods. In some cases, existing flood control
large part to the temperatures at the affected snowline ‘rule curves’ should be reformulated.
altitudes in the Sierra Nevada and Cascades being
● Receding glaciers—some have suggested Gla-
closer to 32ºF to begin with. cier National Park could be void of glaciers by 2030 as
Although the research on projections for climate a result of warming.
change in the future does not have nearly the same ● More evaporation and dryness—higher tem-
degree of certainty as the observed climate change to peratures could increase evaporation from streams and
date, it does suggest that rising global surface tempera- reservoirs, soil dryness, and the needs of crops and
other plants for supplemental water.
tures and associated climate changes may continue
over the next several decades and beyond. According ● Less groundwater—less availability of surface
water supplies may lead to increased pumping from
to the Third Assessment Report of the Intergovern- groundwater aquifers further stressing groundwater
mental Panel on Climate Change (IPCC), global sur- supplies and hydraulically-connected surface water
face temperatures are projected to rise by 3-10ºF by supplies.

“The American West could heat up more than the world-

wide average, with regional climate models suggesting
temperature increases in the West could be 4-13ºF.”

21
 ● More droughts—more intense, frequent, and Nonetheless, it must be recognized that there is
longer-lasting droughts could result. already substantial stress on the water sector today
● More wildfires—there could be an increase in even in the absence of climate change. There are
number and severity of wildfires and an extended wild- many watersheds that are already over-appropriated,
fire season. and new stresses are coming from population growth,
● Water quality challenges—diminished stream- land use changes, and water needs for instream uses,
flows during drought could result in less dilution of including those necessary to meet federal laws like the
discharges; sediment loading from storm events that
Endangered Species Act and the Clean Water Act. In
follow wildfires, saltwater intrusion along the coast
resulting from rising sea levels, and warmer lake tem- some areas, the new demands may cause major shifts
peratures leading to algae blooms could follow. in water supply and water rights. Climate change may
● Hydroelectric generation—climate changes that pose additional stresses and could result in thresholds
alter overall water availability and timing could reduce being reached earlier than currently anticipated.
the productivity of hydropower facilities; changes in
Because many of the impacts of climate change are
the timing of hydroelectric generation can affect the
value of the energy produced. not predictable, more flexible institutional arrange-
ments are needed in order to adapt to changing condi-
● Water-borne shipping—decreases in river flows
could reduce the periods when navigation is possible; tions including not only climate change, but other ex-
increase transportation costs; and increase conflicts isting stresses as well. Supply-side options are more
over water allocated for other purposes. familiar to most water managers, but demand-side
● Ecosystems—natural ecosystems have limited options are becoming increasingly prevalent.
ability to adapt or cope with climate changes that oc-
cur over a relatively short time frame, which could lead Recommendations:
to irreversible impacts, such as additional species ex-
While recognizing the uncertainties inherent
tinctions.
in climate prediction, efforts should be made to
● Recreation impacts—due to lower lake and focus on vulnerabilities and building increased
stream flow levels, recreation opportunities and econo- resiliency to climatic extremes.
mies could be significantly reduced.
Notwithstanding the seriousness of these potential 5.A. Data Collection
impacts, it is nevertheless not currently possible to
The federal agencies must continue and ex-
predict if and how they will affect a particular area pand funding for data collection networks and
within the region at any particular time, given the exis- activities necessary for monitoring, assessing, and
tence of a number of variables. According to the Na- predicting future water supplies as addressed ear-
tional Assessment Synthesis Team, which is a part of lier herein by the Water Needs and Strategies
the US Global Change Research Program, climate is group recommendation (2A).
not static. Assumptions about the probability, fre- 5.B. Improved Prediction, Modeling, and Impact
quency, and magnitude of extreme events should be Assessment
considered accordingly.

22 Climate change could result in an extended fire season.

 The Western Governors should urge Congress mate change scenarios. Particular emphasis
and the Administration through the Climate should be placed on climate change within the
Change Science Program (CCSP) to fund research context of watershed planning. States, similarly,
for improving the predictive capabilities for cli- should expand or enhance other state plans that
mate change, and assessment and mitigation of include water-related concerns—such as forest
its impacts. Additionally, given the complex cli- management, energy, and economic development
matology in the West, it is important that climate plans—to include the impact of climate-change
change modeling be conducted at a much finer scenarios.
resolution, e.g. watersheds and subwatersheds. It
3) States should coordinate with and include
is also important that the federal government im-
local governments in their climate change plan-
plement research funding recommendations asso-
ning efforts. Local governments are an ever-
ciated with Goals 4 and 5 of the 2003 CCSP Strate-
increasing player in water issues, for example,
gic Plan, including the area of increased partner-
through land use policies, as the developer of new
ships with existing user support institutions, such
water supplies, water transfers, and in implement-
as state climatologists, regional climate centers,
ing water restrictions and water use efficiency
agricultural extension services, resource manage- programs.
ment agencies, and state and local governments.
4) States should evaluate and revise as neces-
5.C. State Planning sary the legal framework for water management to
the extent allowable to ensure sufficient flexibility
1) The Governor of each state should direct
exists to anticipate and respond to climate
their state climatologist, relevant water and envi-
change.
ronmental agencies, and universities to assess
historical, current, and projected climate trends
5.D. Ongoing Coordination & Information Shar-
for their particular state and relate these to poten-
ing Between Scientists, Policy-Makers, and
tial changes in water supply and water quality, in
Water Users
order to prepare for and mitigate the impacts from
climate change and climate variability. Such as- The Governors should convene ongoing, broad
sessments should include an inventory of data stakeholder meetings between state water manag-
sources available for each state, with analysis ap- ers, local water supply managers, scientists, fed-
propriate to watershed-level management. The eral agencies, universities, and others to make
Governors should seek necessary funding to sup- sure water managers understand what the science
port these activities. is saying about climate change and what new
tools exist, and, conversely so that scientists un-
2) States should maintain various water-related
derstand the data and research needs of water
plans, including state water plans, watershed
managers and users.
plans, state drought plans, reservoir management
plans, flood plans, etc. These plans should be
expanded or enhanced accordingly to include cli-

“States should evaluate and revise as necessary the legal

framework for water management to the extent allowable
to ensure sufficient flexibility exists to anticipate and
respond to change.”
23
 6. Coordination and Cooperation in Protecting Aquatic Species under
the Endangered Species Act
Analysis As stated in a 1997 Senate report accompanying
proposed legislation (S. 1180); “the respective rela-
Conflicts have arisen since the enactment of the
tionship of the States and the Federal Government
Endangered Species Act (Act) in 1973 between devel-
over the use or allocation of water has never been pre-
opment and management of state water systems for
cisely fixed. Consequently, the boundaries between
traditional purposes and protection of endangered
State and Federal responsibility have been the subject
aquatic species that are dependent on rivers, streams
of much discussion and debate for many decades in a
and wetlands. From the Tellico Dam snail darter to
variety of contexts . . . . It was ultimately determined
the Rio Grande silvery minnow, balancing water-
that a delineation of the boundaries between the States
related economic and environmental needs has been
and the Federal Government over the use or allocation
challenging. In 1982, recognizing the need for greater
of water was not possible in . . . the [context of] reau-
coordination, the Congress incorporated a policy state-
thorization of the Act. A position of neutrality on this
ment in the Act directing federal agencies to
issue is reflected in this bill.” S. 1180 did not pass.
“cooperate with State and local agencies to resolve
None of the bills pending before the current Congress
water resource issues in concert with conservation of
move away from this position of neutrality in that they
endangered species.” (ESA Section 2(c)(2)). Further,
do not deal with the above-described boundaries be-
ESA section 6(a) requires that “. . . the Secretary shall
tween states and the federal government over water
cooperate to the maximum extent practicable with the
allocation and use.
States . . . . [and consult] with the States concerned
before acquiring any land or water, or interest there- Administrative steps have been taken in the past to
in . . . .” accommodate some landowner and state resource
agency concerns. More needs to be done at both the
Despite these Congressional pronouncements,
federal and state level to expand the use of administra-
conflicts have continued to occur between manage-
tive and management mechanisms. Policy directives
ment and use of water and the needs of endangered
are needed to implement the Congressional pro-
and threatened species in the West. Greater coopera-
nouncement of ESA Section 2(c)(2) that Federal agen-
tion and coordination between federal and state water
cies “cooperate with State and local agencies to resolve
and fish and wildlife agencies is necessary to improve
water resource issues in concert with conservation of
the prospects for aquatic species conservation and
endangered species.” Further, given their primary role
recovery and to assure the continued economic vitality
in water allocation and protection, states should en-
of the West. Congress did not address this reality in its
hance their ability to avoid conflicts under state water
last significant amendments to the Endangered Species
law.
Act (1988).

“Greater cooperation and coordination between federal and state

water and fish and wildlife agencies is necessary to improve the
prospects for aquatic species conservation and recovery and to
assure the continued economic vitality of the West.”
24
Recommendations: limitations that agencies have, but encourage those
agencies, wherever and whenever possible, to advance
6.A. Working with representatives of the federal the expressed objectives and principles.
implementing agencies, and soliciting input
from other federal agencies and stake- The development and implementation of the pro-
tocol would represent a further important step in the
holders, western state representatives under
the auspices of the WSWC should establish a states’ proactive efforts in the development of collabo-
rative solutions to the water challenges posed by the
protocol outlining objectives and principles
ESA. The states have been supportive of the suc-
for implementing ESA Section 2(c)(2). Its
objective should be to minimize conflicts cesses that have been garnered by basin-wide species
recovery efforts such as that in the Upper Colorado
arising between the use of water for the
needs of listed species and other water uses River. States support the expansion of this approach
to other basins, such as those being formulated in the
and to foster cooperation and consultation
Platte and Missouri River basins. The basic tenets that
between Federal and State governmental
entities to enhance species protection and form the foundation of the protocol are critical to
effective, efficient application of the ESA. Implemen-
recovery, while protecting rights to water
use. tation of the provisions of the protocol through part-
nership efforts between the federal implementing
The protocol should be proactive not only in terms agencies and the states would move us toward uniform
of addressing issues in advance of potential crises, but application across the regions, support further basin-
in avoiding subsequent actions under the ESA such as wide recovery efforts and assure that state primacy
future listings. The protocol should provide a road over water allocation decisions remains intact.
map and pathway for the State water development and
6.B. Identify tools under western state water law
management agencies and the signatory federal agen-
cies to enter into appropriate agreements that are mu- that can be used to provide water for threat-
ened and endangered species protection.
tually beneficial.
The protocol should allow for the uniqueness of Actions at state and local levels are often the most
successful in dealing with water issues involving threat-
each local situation and each unique natural resource
ened and endangered species. In their primary role in
that may be at risk thereby allowing agencies to tailor
agreements appropriately. It is important to note that managing water resources, it is therefore important for
western states to consider various approaches for ob-
the protocol should not grant any new authority, nor
should it prohibit the exercise of existing authority. taining water necessary for threatened and endangered
species. It is likewise important for the federal govern-
The protocol should recognize that there are certain
ment, particularly the U.S. Fish and Wildlife Service

“The development and implementation of the protocol would

represent a further important step in the states’ proactive efforts in
the development of collaborative solutions to the water challenges
posed by the ESA.”
25
 (FWS), NOAA Fisheries, and federal action agencies, proaches to using instream flow laws as a tool to pro-
to recognize the availability of state tools to acquire vide water for aquatic species; (3) other instream pro-
water for species protection. Indeed, the federal gov- tection strategies, such as flow release conditions, or
ernment should avail itself of these tools in order to the creation of state wild and scenic rivers; (4) water
provide greater protection for species where required, “banking” and market approaches; (5) an analysis of
while acting pro-actively to avoid the conflicts which cooperative state and federal efforts in river and reser-
have too often characterized the implementation of voir operations to provide water for species; and (6)
this Act. the merits of federal action to help expedite state gen-
A report on this subject should include an analysis eral stream adjudications as a means to enhance the
of: (1) the use of public interest standards/criteria as a protection of species.
means to protect water for species; (2) state ap-

26
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303-623-9378 ● www.westgov.org

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(801) 561-5300 ● www.westgov.org/wswc