A Senate subcommittee held a hearing on bills directly related to drinking-water issues such as aquifer recharge or appropriations for state and tribal water supplies, as well as heard a brief update on the status of the negotiations for new Colorado River operating guidelines from Camille Touton, the commissioner of the Bureau of Reclamation.

The Subcommittee on Water and Power held the hearing on Sept. 11, 2024, and, in addition to Touton, heard testimony from several senators on 18 bills that are before the subcommittee, 17 of which are directly water related.

Touton described the proposed legislation before the subcommittee as “tools that allow us to meet our mission serve the American west and ensure that communities have sustainable water supplies today and into the future.”

Furthermore, Touton said she’s “confident in the conversations” being held “with the basin states and the tribes” on the new Colorado River operating guidelines. Part of her confidence is based on the “proof of concept” the Bureau of Reclamation has demonstrated in deploying resources that increased water levels at western water sources. 

In 2022, Lake Mead hit the lowest level since filling in 1937, Touton said. The Bureau of Reclamation’s deployment of resources has increased the water level at Lake Mead by 20 feet, and has increased the water level at Glen Canyon Dam by 40 feet, she said adding that less water is being used in southern Nevada, especially in Las Vegas.

Touton also identified new projects that are “key” to the Bureau of Reclamation’s work, including programs that address the drought in the Colorado River Basin and that assist the bureau in those efforts. She said the Biden administration has invested more than $4.2 billion across 566 projects in seven Colorado River Basin states that have increased water storage, increased water recycling and desalination, improved system efficiency, and repaired aging infrastructure.

“So in two years we’ve shown a proof of concept that we can conserve water and we can still have vibrant communities moving forward. That we can save for a rainy day,” Touton said.

The stakeholders impacted by water from the Colorado River are aware an operating plan is needed by August of 2026 so it will be in place by January 2027, according to Touton. “So people are at the table,” she said.

In addition, she said “several of the bills” before the subcommittee “provide us (the Bureau of Reclamation) with additional tools to be successful on the Colorado River.”

That includes the Hoover Dam Act (S. 4016) which allows the Bureau of Reclamation to access unused funds totaling approximately $48 million collected since 2000 to support ongoing operations and maintenance of critical infrastructure over the next five years. Current estimates are that the Hoover Dam will require $110 million in major plant investment over and above routine operation and maintenance, according to Touton.

Furthermore, reauthorization of the Colorado River System conservation pilot program is the goal of S. 4576, the Colorado River Basin System Conservation Extension Act, by amending the Energy and Water Development and Related Agencies Appropriations Act, 2015, Touton said, adding that “given the complexity of the projects,” the Bureau of Reclamation “would like to better understand the impacts of this legislation.”

The proposed legislation is listed below by identification number, the name of a bill if it has a name, and a brief description of what each bill seeks to accomplish.

            S. 2927, the WaterSMART Access for Tribes Act, to amend the Omnibus Public Land Management Act of 2009 to increase tribal access to water conservation and efficiency grants.

            S. 4016, the Help Hoover Dam Act, to amend the Boulder Canyon Project Act to authorize the Department of the Interior (DOI) to expend amounts in the Colorado River Dam fund.

            S. 4242 and H.R. 4385, the Drought Preparedness Act, to extend authorization of the Reclamation States Emergency Drought Relief Act of 1991.

            S. 4245 and H.R. 5770, the Water Monitoring and Tracking Essential Resources Data Improvement Act, also known as the WATER Data Improvement Act, to amend the Omnibus Public Land Management Act of 2009 to reauthorize certain U.S. Geological Survey water data enhancement programs.

            S. 4347, the Swanson and Hugh Butler Reservoirs Land Conveyances Act, to provide for the conveyance of certain federal land at Swanson Reservoir and Hugh Butler Reservoir in Nebraska.

            S. 4458, the Rural Water Supply Program Reauthorization Act, to reauthorize the Reclamation Rural Water Supply Act of 2006.

            S. 4576, the Colorado River Basin System Conservation Extension Act, to amend the Energy and Water Development and Related Agencies Appropriations Act, 2015, to reauthorize the Colorado River System conservation pilot program.

            S. 4996, the Dakota Water Resources Act Amendments of 2024, to amend Public Law 89–108 to modify the authorization of appropriations for state, tribal, municipal, rural, and industrial water supplies.

            S. 4999, to amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

            S. 5000, to prohibit the use of amounts from the Upper Colorado River Basin Fund to implement a certain record of decision entitled the ‘‘Record of Decision for the Glen Canyon Dam Long-Term Experimental and Management Plan Final Environmental Impact Statement”.

            S. 5005, to authorize additional funding for the San Joaquin River Restoration Settlement Program.

            S. 5011, the Sacramento River Improvement and Vitality for Ecosystem Restoration Act of 2024, also known as the Sacramento RIVER Act of 2024, to establish the Integrated Water Management Federal Leadership Committee and to provide for improved drought resilience and dam safety.

            S. 5012, the Lower Colorado River Multi-Species Conservation Program Amendment Act of 2024, to establish an interest-bearing account for the non-federal contributions to the Lower Colorado River Multi-Species Conservation Program.

            S. 5013, to make certain modifications to the cost share for the Arkansas Valley Conduit in Colorado.

            S. 5014, the Water Project Navigators Act, to provide for the establishment of a program called the “Water Project Navigators Program” that supports implementation of multi-benefit water projects within eligible states.

The only non-water related bill considered by the subcommittee was H.R. 6062, which seeks to restore the ability of the people of American Samoa to approve amendments to the territorial constitution based on majority rule as authorized by Congress.

Subcommittee Ranking Member James Risch (R-Idaho), who sponsored S. 4999, said “western water issues are localized and they're nuanced” in ways that “one size fits all models really don't work” and that “our friends east of the Mississippi don't have a really good grasp of how important water is to us out west. As a result of that, we do spend an inordinate amount of time on it.”

Sen. Alex Padilla (D-Calif.), who introduced S. 5005, S. 5011, and S. 5012, said, “As the West continues to adapt to the climate crisis and a historic drought, it’s more important than ever to ensure that the federal government is meeting these challenges with more thoughtful, innovative and comprehensive strategies.”

Padilla provided overviews of his bills saying “they are intended to assist” the DOI and the Bureau of Reclamation. S. 5011 would authorize the DOI to set a federal leadership committee to improve coordination of ecosystem restoration projects. Furthermore, the bill would also allow water users to retain revenues from the sale of surplus water that happens from time to time. “These proceeds would go to fund drought resiliency and dam safety activities. This change would also serve to incentivize water utilities to generate surplus water that is drinkable in times of drought that would relieve the water shortages and improve water, drought resiliency and dam safety,” he said.

Subcommittee Chair Ron Wyden (D-Ore.) said “western communities have enough to worry about with the current situation without having to use their limited capacity to jump through a wave of hoops for drinking water. The Committee on Energy and Natural Resources is not alone in recognizing this problem” and “it's time to use existing water resources to help communities now.”

For “rural communities and tribal communities” are “hard hit,” Wyden said.

“Water is not an abstract issue. This is life and death and community well-being,” he said. Wyden proposed working with Touton to “fast track” the allocation of existing funds “to get the money out in 90 days.”

Nonetheless, the bills that were the subject of the subcommittee hearing have yet to be debated and voted on by the full Committee on Energy and Natural Resources, and those that are approved would then go to the full Senate for a vote.