U.S. Water Policy: Trends and Future Directions By Adam Reimer (National Agricultural and Rural Development Policy Center) About the Author Adam Reimer is a postdoctoral research fellow with the National Agricultural & Rural Development Policy Center. He received his Ph.D. in natural resource social science from Purdue, where his research included conservation policy and rural landowner environmental behavior. He is currently researching emerging rural policy issues for the Center. Funding This project was funded through a contract with the National Agricultural and Rural Development Policy Center. This is a publication of the National Agricultural & Rural Development Policy Center (NARDeP). NARDeP was formed by the Regional Rural Development Centers in response to the increasingly contentious and complex agricultural and rural development policy issues facing the U.S. NARDeP is funded by USDA National Institute of Food and Agriculture (NIFA) under a competitive grant (Number 2012-70002-19385), and works with the land-grant college and university system and other national organizations, agencies, and experts to develop and deliver timely policy-relevant information. NARDeP is an affirmative action/equal opportunity employer. For information about NARDeP, visit the website: nardep.info. Table of Contents Abstract ........................................................................................................................................... 1 Introduction ..................................................................................................................................... 1 History of U.S. Water Policy ............................................................................................................. 2 Major Federal Laws and Water Agencies .......................................................................................... 8 Water Supply and Infrastructure Policy .......................................................................................... 11 Water Quality and Ecosystem Policy .............................................................................................. 20 Analysis and Conclusions ................................................................................................................ 28 References ..................................................................................................................................... 34 Abstract Water resources in the U.S. are dynamic and diverse but national water policy is fragmented and continually evolving. Numerous federal laws and agencies oversee various aspects of water policy, including both water supply and water quality. The federal government maintains and operates many water supply and storage systems for public and private use, particularly in the western states. The federal government has implemented a number of laws and programs aimed at improving water quality nationally, often in cooperation with states. States and local governments also maintain control over various aspects of water policy, particularly allocation of water rights. Increasingly, water resources are managed for a wide range of purposes, including municipal drinking water supplies, irrigation, recreation, and water quality. Water agencies have increased focus on managing water resources collaboratively in cross-agency efforts that include involvement from nongovernmental organizations and private citizens. River basins and watersheds provide useful biophysical units of action, but challenges arise in coordinating efforts across political boundaries. Population growth and increased water use create concerns about sustainability, particularly in groundwater systems. There is increased attention to water efficiency, especially at the state and local level. For water resources to be managed effectively in the future, agencies will need to work more closely together and incorporate adaptive management principles to meet dynamic and difficult challenges, including climate change. Ecological principles and ecosystem restoration are potential tools for providing sustainable supplies of water while protecting ecosystem services, including flood control, water quality, and habitat. Introduction Water resources in the U.S. are dynamic and diverse. Water policy follows this biophysical trend; the U.S. lacks one cohesive national water policy but instead has a number of governance and policy structures at the federal, state, and local levels. The current array of water policies is the result of a history characterized by increasing interest in the range of benefits water provides, as well as increasing strain on the nation’s water resources. The fragmented nature of water governance is also deeply rooted in the U.S. system of federalism. The water policy realm is indicative in many ways of the evolution of federal power since the founding of the country and the complexity of environmental, economic, and social problems facing the nation in the coming decades. This paper outlines the current water policy system, with a focus primarily on federal policy. I discuss the history of governance in this area, describing the major federal laws governing water, and offer some analysis of the directions future policy might take. Two major umbrellas describe water policy: supply and quality. While these generic areas overlap with each other in many ways, and are increasingly interrelated, policy has traditionally dealt with each separately. History of U.S. Water Policy This section gives a brief overview of policy in this area rather than a comprehensive overview. From a national perspective, water policy has largely followed the development of policy and governance in other areas. In the 19th century, water policy was largely the dominion of states, with the federal government largely focused on territorial expansion and development (Gerlak, 2006; Getches, 2001). For much of the early history of the U.S., the federal government controlled large portions of the country, particularly in the West. The focus of federal resource policy was on encouraging settlement and development of these new portions of the county. As a critical resource for human settlement and many economic activities, including mining and agriculture, water allocation was the primary concern. During this phase of the nation’s history, the federal government largely deferred to state and territorial governments in determining water allocation (Getches, 2001). Federal policy was primarily reserved for ensuring flows of waterways and their usability for economic and domestic purposes (Holmes, 1972; Getches, 2001). 2 Much of the federal policy established in the 19th and early 20th centuries Guide to Water Acronyms focused on maintaining the navigability of major river systems and harbors BMP: Best Management Practice CALFED: California-Federal (Gerlak, 2006). The U.S. Army Corps of Engineers (USACE) was established Bay-Delta Program early on as the primary federal agency responsible for water issues, primarily CWA: Clean Water Act due to their expertise in the types of large-scale projects required to maintain CWSRF: Clean Water State Revolving Fund working waterways, including canals (Hays, 1959; Holmes, 1972). The 19th DWSRF: Drinking Water State Revolving Fund century could be characterized as an era of federal construction projects, EPA: Environmental Protection including canals, improved natural waterways, and levees to facilitate Agency ESA: Endangered Species Act economic growth around major river systems, once called the “public NEP: National Estuary Program highways” of the country (Holmes, 1972). While the federal government NEPA: National Environmental focused on waterways, the allocation of water was left largely to states Policy Act NPDES: National Pollution (allocation policies will be discussed in more length later in this paper). Discharge Elimination System NPS: Non-point source SDWA: Safe Drinking Water Act TMDL: Total Maximum Daily Load USACE: U.S. Army Corps of Engineers USDA: U.S. Department of Agriculture 3 The turn of the 20th century marked a dramatic shift in both the balance of federal-state power in water policy as well as the focus of federal attention. The Roosevelt administration ushered in a new Progressive era of federal policy and a renewed focus on development and conservation of natural resources (Hays, 1959). Federal authority over Figure 1. The Hoover Dam, on the border of waterways expanded through new legislation and the Arizona and Nevada. This Bureau of Reclamation project was built in the 1930s to provide flood creation or expansion of federal resource agencies control, hydroelectric power, and a source of irrigation water for the region. (Hays, 1959; Holmes, 1972). Developing waterways for multiple uses, including transportation, flood control, irrigation, and power generation became additional goals. While some of these areas had been the traditional purview of the federal government, planning and implementation capacity expanded dramatically (Holmes, 1972). The Reclamation Act of 1902, and creation of the federal Reclamation Service (which later became the Bureau of Reclamation), increased the national government’s responsibility to plan and construct irrigation works in the western U.S. (McCool, 2005). The expansion policies of the 19th century increased the population of the west, creating a pressing need to develop water infrastructure in the region (Holmes, 1972; McCool, 2005; Tarlock, 2001). While allocation of water was still