Issue #2008 November 9, 2012 Western States Water Addressing Water Needs and Strategies for a Sustainable Future 5296 So. Commerce Drive / Suite 202 / Murray, UT 84107 / (801) 685-2555 / Fax 685-2559 / www.westgov.org/wswc Chairman - Phil Ward; Executive Director - Tony Willardson; Editor - Nathan Bracken; Subscriptions - Julie Groat ADMINISTRATION UPDATE LaMalfa (R), Jared Huffman (D), Paul Cook (R), Julia Presidential Elections Brownley (D), and Juan Vargas (D), all of whom are current or former California Assembly members. The re- President Obama (D) won a second term on election bids of Representatives Mary Bono Mack (R), November 6, winning at least 303 electoral votes and Brian Bilbray (R), and Dan Lungren (R) are too close to 50% of the popular vote. He defeated former call, but all three trail their Democratic challengers. State Massachusetts Governor Mitt Romney (R), who got 206 Senator Alan Lowenthal (D), teacher Mark Takano (D), electoral votes and 49% of the popular vote. In the Assemblyman David Valadao (R), and Los Angeles City West, Obama again won California, Colorado, Nevada, Councilman Tony Cardenas (D) won open seats in New Mexico, Oregon, and Washington. (WSW #1799) districts with no incumbents. WESTERN GOVERNORS Notably, California adopted a new primary system in Elections which all parties appear on the same primary ballot, with the top two appearing on the general election ballot Only four western states had gubernatorial elections regardless of party affiliation. Under this system, in 2012. Utah Governor Gary Herbert (R), Chair of the longtime Rep. Pete Stark (D) lost to attorney Eric Western Governors’ Association (WGA), won re- Swalwell (D), Rep. Brad Sherman (D) beat fellow Rep. election, as did North Dakota Governor Jack Dalrymple Howard Berman (D), Rep. Joe Baca (D) lost to State (R). Montana Attorney General Steve Bullock (D) will Senator Gloria McLeod (D), and Rep. Janice Hahn succeed Brian Schweitzer (D). Washington’s race defeated Rep. Laura Richardson (D) in re-drawn districts. between Rep. Jay Inslee (D) and state Attorney General Rob McKenna (R) to replace retiring Governor Christine Texas elected eight new Representatives. State Gregoire (D) is still too close to call. Representative Randy Weber (R) will replace Rep. Ron Paul (R), who chose not to run for re-election to focus on CONGRESSIONAL UPDATE his presidential bid. El Paso City Council Member Beto Elections - House O’Rourke (D) beat Rep. Silvestre Reyes (D) in the primaries and won the general election. Rep. Charlie Republicans retained the House with a majority of Gonzalez (D) retired and will be succeeded by State at least 232-192, with 11 seats still undecided. While Representative Joaquin Castro (D). Rep. Quinco most incumbents won re-election, voters elected a Canseco (R) lost to State Representative Pete Gallego (D). Former Texas Secretary of State Roger Williams number of new representatives due to retirements and (R), attorney Filemon Vela (D), State Representative redistricting that followed the 2010 Census. Marc Veasey (D), and former Rep. Steve Stockman (R) In Arizona, Rep. David Schweikert (R) and former won open seats in new or re-drawn districts. Rep. Ann Kirkpatrick (D) won seats in re-drawn districts, with Schweikert (R) defeating Rep. Ben Quayle (R) in Three new Representatives will represent the primaries. Former Rep. Matt Salmon (R) will Washington, including State Senator Derek Kilmer (D) succeed Rep. Jeff Flake’s (R) , who will replace Senator who will succeed retiring House Appropriations Jon Kyl (R) in the Senate. Rep. Ron Barber’s (D) re- Committee Ranking Member Norm Dicks (D). Former election bid is too close to call, as is the race in a new Director of the Washington Department of Revenue district between former State Senator Kyrsten Sinema Suzan DelBene (D) will replace Rep. Jay Inslee (D), who (D) and Paradise Valley Councilman Vernon Parker (R). resigned to focus on his run for governor. Denny Heck (D), former Majority Leader of the Washington House of California voters will elect at least 11 new Representatives, will represent a newly created district. Representatives, five of whom were elected due to the retirements of Representatives Wally Herger (R), Lynn In other parts of the West, Montana businessman Woolsey (D), Jerry Lewis (R), Elton Gallegly (R), and Steve Daines (R) will succeed Rep. Denny Rehberg (R), Bob Filner (D). They will be succeeded by Doug who lost his Senate bid against Senator Jon Tester (D). Former Nevada Rep. Dina Titus (D) will replace Rep. use, as well as state views on shortages and ways the Shelley Berkley (D) who lost her bid against Senator federal government can help meet these challenges. Dean Heller (R). Steven Horsford, Majority Leader of the Nevada Senate, (D) won a seat in a new district. The second study will: (1) evaluate technologies to New Mexico attorney Michelle Lujan Grisham (D) will reduce water consumption in thermoelectric power replace Rep. Martin Heinrich (D), who will take retiring generation, oil and gas drilling, and mining, drinking and Senator Jeff Bingaman’s (D) seat in the Senate. North wastewater, and agriculture; and (2) evaluate Dakota politician Kevin Cramer (R) will succeed Rep. desalination technologies that could expand freshwater Rick Berg (R), who lost his bid to replace retiring supplies; and (3) assess how new technologies could Senator Kent Conrad (D). Oklahoma business benefit water scarce areas. consultant Jim Bridenstine (R) will succeed Rep. John Sullivan (R), who lost in the primaries. Rep. Dan Boren “The climate is warming, and we have to prepare (D) chose not to seek re-election and will be replaced by ourselves for droughts ahead,” said Markey. “We cannot businessman Markwayne Mullin (R). Utah author Chris afford to stick our heads in the sand about this critical Stewart (R) won an open seat vacated by Rep. Jim issue, because if we do, sand will be all that’s left. The Matheson (D), who won re-election in a new district. reports I am requesting will shed light on what needs to be done to ensure that American has the fresh water Elections - Senate needed to survive and prosper.” For more, please see: http://markey.house.gov/press-release/markey-asks-g Democrats retained the Senate, picking up three ao-assess-water-shortages-historic-drought-wears#.UJ additional seats for a 55-45 majority. All six western l6QFVHeXs.email. incumbents up for reelection won their races, including Dianne Feinstein (D-CA), Jon Tester (D-MT), Dean LITIGATION/WATER QUALITY/WATER RESOURCES Heller (R-NV), Orrin Hatch (R-UT), Maria Cantwell (D- Friends of the Everglades v. EPA/Water Transfers WA), and John Barrasso (R-WY). There were also five open seats in the West resulting from the pending On October 26, the 11th Circuit Court of Appeals retirements of Senators Jon Kyl (R-AZ), Jeff Bingaman issued its decision in Friends of the Everglades v. (D-NM), Kay Bailey Hutchison (R-TX), Ben Nelson (D- Environmental Protection Agency (EPA), finding that it NE), and Kent Conrad (D-ND). Their respective does not have original subject matter jurisdiction to hear successors are Rep. Jeff Flake (R-AZ), Rep. Martin a consolidated challenge to EPA’s water transfers rule. Heinrich (D-NM), former Texas Solicitor General Ted EPA’s rule exempts certain water transfers from National Cruz (R), Nebraska legislator Deb Fischer (R), and Pollutant Discharge Elimination System (NPDES) former North Dakota Attorney General Heidi Heitkamp permitting under the Clean Water Act (CWA). (D), who beat Rep. Rick Berg (R-ND). When EPA finalized the rule in 2008, opponents The retirements will open up various committee and immediately challenged it in the Southern U.S. District other assignments with jurisdiction over water-related Court of New York and the Southern U.S. District Court matters. Bingaman chairs the Energy and Natural of Florida. However, in issuing the rule, EPA opined that Resources Committee and the Finance Subcommittee judicial review of the rule could only take place before the on Energy, Natural Resources, and Infrastructure. U.S. Circuit Courts of Appeal, and not the federal district Conrad chairs the Budget Committee and sits on the courts. Given this position, opponents filed protective Agriculture, Finance, and Indian Affairs Committees. challenges in multiple circuits, which were consolidated Hutchison is the Ranking Member of the Commerce in the 11th Circuit. The district court challenges were Science, and Transportation Committee and sits on the then stayed pending the 11th Circuit’s decision. Appropriations Committee. Kly is the Minority Whip and sits on the Finance Committee. Nelson serves on The 11th Circuit found it lacked original jurisdiction to the Agriculture and Appropriations Committees. review the consolidated challenge under the CWA’s plain language. As a result, it dismissed the consolidated CONGRESSIONAL UPDATE/WATER RESOURCES challenge, allowing the two district court challenges to Drought/Energy-Water Nexus proceed. Although the court found that the challenges were improperly filed at the circuit court level, it is The Government Accountability Office (GAO) is expected that the district courts’ eventual rulings on the preparing two studies on water that House Natural rule’s merits will be appealed to their respective circuits. Resources Committee Ranking Member Ed Markey (D- MA) requested in August. The first study will review the The WGA and WSWC generally support EPA’s rule. nation’s freshwater supplies over the last decade and The Attorney Generals of Colorado, New Mexico, and forecast supplies over the next ten years. It will update nine other western states also filed an amicus brief in the a 2003 GAO report that described water availability and case, arguing against NPDES permitting. (WSW #1958) The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming..