AGENDA ITEM NO. 17. A. - FROM DIRECTOR CERDA

National Water Resources Association August-September 2020 Zoom Video Presentation Report by Director Jose F. Cerda

August 6, 2020 video The Evolving Legal World of Water: Judicial Rulings, Federal Regulations, and State Initiatives

The set of videos from Western Water Resources Association began with a Table Talk Welcome and Comments by Commissioner Brenda Burman, Director of U.S. Bureau of Reclamation, she made opening remarks about the 90-year relationship between NWRA and BoR.

The Bureau of Reclamation has focused on a multipurpose approach to water resource development that includes recreation. Reclamation projects include approximately 6.5 million acres of land and water that is, for the most part, available for public outdoor recreation.

Reclamation also assists local communities in attracting recreation-related investments and involves local citizens in the decision making process. As a result, recreation developments meet public needs and expectations

The BoR has a new hashtag, #waterheroes. Among some of the issue brought up: ● The cost of infrastructure is going up and reinvesting is a priority. ● To make water supply more available. ● The Bureau has dozens of water projects, 14-major projects on the Columbia River. Coley Dam, Cle Elum, to help fish go to Pacific Ocean; title transfers; ● St. Mary Canal in the Midwest, from Montana to Texas; ● Arkansas Valley Conduit; ● Drought Contingency Plans in case the water in Lake Mead fall below certain levels; ● The Oakes Test Area and Emery County Projects; ● Pojoaque Water Basin Project in New Mexico; ● Water supply more reliable in California on Klamath River; increasing storage in California Kern-Friant Canal; Los Vaqueros fo greater storage; WaterSMART Program with Congressional help across the West; Dam Safety is another priority

The second part of the presentations was detailing some of the major water issues. This panel is a must for all water leaders. Recent court decisions, including the Supreme Court ​ decision in Maui v. Hawaii Wildlife Fund and the Baley vs. United States decision (Klamath ​ ​ ​ ​ takings) as well as the 9th Circuit decision in Glaser have major ramifications for water managers. Couple this with the new Navigable Waters Protection Rule and numerous state-level efforts to define “waters of the state,” and water leaders are left facing a legal minefield. Legal experts and water managers will help bring clarity to the new, and increasingly complex, world of water law in light of these evolving issues. August 13, 2020 video Updating the National Environmental Policy Act (NEPA)

From dams to drains the National Environmental Policy Act (NEPA) affects every ​ ​ ​ infrastructure project with a federal nexus. On July 15th the Council on Environmental Quality (CEQ) announced a final rule updating this landmark law for the first time in 40 years. Senior federal officials and natural resource experts discussed how the rule was updated and what it means for water managers.

In a broad sense, the mission of NEPA is to declare a national policy which will encourage productive and enjoyable harmony between humans and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of humans; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.

NEPA establishes this national environmental policy by requiring federal agencies to prepare an environmental impact statement to accompany reports and recommendations for Congressional funding. This impact statement is known as an EIS. NEPA is an action-forcing piece of legislation, meaning the act itself does not carry any criminal or civil sanctions, and therefore, all enforcement of NEPA must occur through the court system.

August 20, 2020 Preserving history and cultural resources: how to do it and still develop water infrastructure

Federal laws require that cultural and historical and cultural values are recognized and considered under infrastructure proposals. Compliance is necessary, just like NEPA or ESA. The session discussed how to navigate those laws. There was a broad and extensive discussion on the Crow project in Montana.

The Crow Nation and the Bureau of Reclamation, in cooperation with the Bureau of Indian Affairs, has prepared a Draft Programmatic Environmental Assessment (EA) to evaluate potential environmental issues associated with the rehabilitation and improvement of an existing irrigation system within the Crow Indian Reservation, Montana.

Irrigation on the Crow Indian Reservation dates back over 100 years. During the early 1900s the Crow Irrigation Project (CIP) was built with federal funding and provided water to irrigate farmlands along the Bighorn River, Little Bighorn River, Pryor Creek, and Lodgegrass Creek. The CIP is managed by the Bureau of Indian Affairs and serves both tribal and non-tribal farmers.

Some of the project facilities are old and need repair or replacement to be able to provide a reliable irrigation water source. There is a need to implement the rehabilitation and improvement work for mutual benefits to the existing users and to address opportunities for future tribal uses.

The amount of work needed to rehabilitate and improve the project is costly and beyond the means of the local water users. As part of the Crow Tribe’s water settlement, the federal government authorized funds to fix key facilities of the irrigation project.

The Settlement Act designates Reclamation as the lead federal agency with a responsibility to protect and conserve trust assets of the Crow Tribe and of Tribal members. This responsibility extends to providing oversight of the expenditure of appropriated federal project funds to best serve the interests of the Tribe and its members. Project reviews are needed to ensure collective government actions taken by Interior agencies and the Tribe fulfill trust asset responsibilities, while meeting environmental laws and regulations.

August 27, 2020 In this session, we will facilitate a dialogue with one of the nation’s most important water management agencies. The U.S. Army Corps of Engineers (USACE).

The U.S. Army Corps of Engineers (USACE) operates and maintains approximately 700 dams nationwide and in Puerto Rico that provide significant, multiple benefits to the nation—its people, businesses, critical infrastructure, and the environment. These benefits include flood risk management, navigation, water supply, hydropower, environmental stewardship, fish and wildlife conservation and recreation.

USACE’s dams are part of our nation’s landscape, integral to many communities and critical to watershed management. Our dam safety professionals carry out a dam safety program to make sure these projects deliver their intended benefits while reducing risks to people, property and the environment through continuous assessment, communication and management. (By comparison there are more than 91,000 dams in the National Inventory of Dams (NID) that are federally, state, locally and privately operated and maintained.)

September 10, 2020 WRDA, Appropriations and the fiscal water puzzle: examining infrastructure funding solutions

The Water Resources Development Act (WRDA) is legislation that is essential to everyday ​ American life. Nearly 80 percent of traded goods that Americans rely on products moved through our ports, harbors, and inland waterways. Projects for flood damage reduction help protect both our rural and urban communities, thus benefiting millions of Americans. And, ecosystem restoration projects restore and maintain our vital natural resources. This work, carried out by the U.S. Army Corps of Engineers, is made possible through the enactment of WRDA.

WRDA is the congressional commitment to our Nation’s water infrastructure. It authorizes studies and project construction and provides guidance on agency practices. Regular consideration of locally-driven, rigorously-studied, and nationally-significant water infrastructure is key to preserving our Nation’s economy, to protecting our communities, and to maintaining our quality of life.

Congress has successfully enacted three consecutive WRDAs in 2014, 2016, and 2018.In this session, we will hear from the individuals driving efforts to develop and fund water infrastructure.

The speakers discussed topics including how to get around challenges involving the Office of Management and Budget and finding innovative methods to fund water projects at the state and local levels. Panelists provided perspectives on the various ways water projects are being successfully funded.

September 17, 2020 Western Water Table Talk: putting information to action!

​​ The Western Water Table Talk Series featured critical information about the future of water infrastructure. Sustainable water infrastructure is critical to providing the American public with clean and safe water. Further, water infrastructure can only be sustainable if the communities it serves are sustainable, and if local decision makers and citizens understand the value of water infrastructure and the services provided.

Federal investments, policies, and actions should support water infrastructure in more efficient and sustainable locations to best support existing communities, enhance economic competitiveness, and promote affordable neighborhoods. Drinking water and wastewater systems should use robust and comprehensive planning processes to pursue water infrastructure investments that are cost effective over their life cycle, are resource efficient, and - are consistent with community sustainability goals.

Systems should also employ effective utility management practices, including consideration of alternatives such as natural or “green” systems and potential climate change impacts, to build and maintain the technical, financial, and managerial capacity necessary to ensure long term - sustainability.

Further, systems should have an on going collaborative process with all stakeholders to - determine where and how water infrastructure investments are made in their communities. Within their capability, customers and local governments should provide appropriate financial support to ensure the sustainability of funded projects.

In conclusion, the format was difficult to follow for two reasons: the scope is complex and the presentation was a broad, 6-week format requiring a lot of attention to remember issues that, frankly, are very difficult to understand. As a board member, my immediacy of water issues are local. I do know that there are regional, state, national, international, and global water issues. The complexity of national issues is the myriad of departments and agencies funded and directed by political bodies: executive, legislative, and judicial orders based on economic and political forces. Some issues are long in time like the Crow Nation issues in Montana; while others are complex in technical and large charge-of-responsibilities, the US Army Corp of Engineers comes to mind. I will continue to wrestle with these issues as a local board member and understand that forces greater to our District are present.