Source: United States Senator Kevin Cramer (R-ND)
WASHINGTON – The U.S. Senate passed bipartisan legislation introduced by U.S. Senators Kevin Cramer (R-ND), Ranking Member of the Senate Environment and Public Works (EPW) Transportation and Infrastructure Subcommittee, and Jeff Merkley (D-OR), Chairman of the EPW Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight, to establish a Western Water Cooperative Committee. The Western Water Cooperative Committee will ensure the U.S. Army Corps of Engineers (Army Corps) flood control projects in Western States are operated consistent with congressional directives and adhere to state water rights and water laws. The committee also establishes a platform for Western states to work out water appropriation and other issues with the Army Corps.
“North Dakotan and Western water issues are often the result of the Army Corps overrunning state authority. Our bill creates the Western Water Cooperative Committee to provide our states with a new avenue for input and cooperation with Army Corps leadership. This increased communication and transparency will help bring about the cooperative model Congress envisioned between states and the Army Corps, ultimately bringing about better policies, water management, and recreational opportunities for the West. The passage of the Western Water Cooperative Committee will benefit North Dakota for years to come and I look forward to its swift implementation,” said Senator Cramer.
“Oregon, like other Western states, has endured and continues to deal with extreme weather conditions, devastating wildfires, and mega-droughts—taking a huge toll on regional water resources, and deeply affecting families and businesses throughout our state,” said Senator Merkley. “The Western Water Committee, in collaboration with the U.S. Army Corp of Engineers, will work to ensure water projects in Western states are operating and abiding by state water rights and laws. By establishing the Committee, we can ensure Western states have the resources, operations, and the advocacy needed for fair and equitable water rights—a win for all Western states, especially as climate chaos worsens.”
Language for the creation of a Western Water Cooperative Committee was included in the Water Resources Development Act (WRDA) of 2022, which passed the Senate with overwhelming bipartisan support in July.
Senators Cramer and Merkley’s legislation is endorsed by the Western Governors’ Association, Western States Water Council, and Conference of Western Attorneys General.
“Western Governors applaud Senator Cramer and Senator Merkley for their steadfast bipartisan efforts to include language in the National Defense Authorization Act that will facilitate collaboration between states and the Corps of Engineers when developing flood control projects. Western Governors recognize the important role of federal agencies in water resource management in the western states. The federal government has long recognized the right to use water as determined under the laws of the various states. Senators Cramer and Merkley’s work provides that the Corps will work with western states and protect states’ rights to develop, use, control and distribute surface water and groundwater resources,” said Western Governors’ Association Executive Director Jim Ogsbury.
“The Council wants to thank our respective Congressional representatives for their hard work in coming together to bring another WRDA bill to fruition. Particularly as the drought crisis in the west continues, WRDA becomes another tool to assist state and local water management leaders. We specifically thank Senators Cramer (R-ND) and Merkley (D-OR) for helping to establish the Western Water Cooperative Committee to help improve collaboration between the western states and the Corp of Engineers. The Corps owns and operates significant infrastructure in the west and has numerous federal priorities it considers. The Corps’ interpretations and implementation of its priorities often conflict with the States’ water management laws and policies. The Council is hopeful that the Committee will strengthen a spirit of cooperation and problem-solving as water management continues to be critical to western states,” said Western States Water Council Chair Jennifer Verleger.
“The Conference of Western Attorneys General applauds Senators Cramer and Merkley for their bipartisan legislation creating the Corps of Engineers Western Water Cooperative Committee,” said Karen White, Executive Director of the Conference of Western Attorneys General. The bipartisan legislation recognizes the need for increased collaboration between states and the Corps to harmonize operation of federal flood control projects with the right of each state to develop and allocate its water resources to meet present and future needs of the state. White said, “The legislation reaffirms the cooperative federalism approach to flood control Congress envisioned when it enacted the Flood Control Act of 1944 and the Water Supply Act of 1958,” said Conference of Western Attorneys General Executive Director Karen White.
Click here for bill text.
Background:
At a Senate Environment and Public Works hearing in January, Senator Cramer discussed states’ water rights and emphasized his desire to remove unnecessary layers of the bureaucracy with Assistant Secretary of the Army for Civil Works Michael Connor and U.S. Army Corps of Engineers Commanding General and Chief of Engineers Lieutenant General Todd Spellmon.
“As we pursue now a new WRDA, I think we should consider setting up some sort of a venue or a commission that would allow states to have a platform to discuss and sort these issues out with the [Army] Corps. It would provide North Dakota and other Western states the forum to bring localized problems they may be experiencing directly to you,” proposed Senator Cramer.