Statement of John W. Keys III
Commissioner,
Before the
Subcommittee on Water and Power
Committee on Resources
Mr. Chairman and members of the Subcommittee, my name is John Keys and I am Commissioner of the Bureau of Reclamation. It is my pleasure to be here today to provide the Department of Interior’s (DOI) views on H.R. 135, the Twenty-First Century Water Commission; a bill to develop recommendations for a comprehensive water strategy to address future water needs.
The Department supports efforts to address the future of
Reclamation has a long history of managing limited water supplies in arid environments. However, with increased population growth, aging facilities, severe drought, and environmental and health concerns, our skills and resources are being challenged like never before. Reclamation’s Western Water Initiative is the beginning of what we hope will be the catalyst for a longer-term strategic approach to predicting, preventing, and alleviating water conflicts. It improves upon our historic proactive, rather than a reactive, approach to water management and conservation, desalination research and development, preventing water management crises, and strengthening Endangered Species Act expertise among Reclamation employees. Last year, Reclamation began identifying areas in the West that may have potential water supply problems today or 25 years from now. Using existing information, we identified areas where there was an increase in population, water-dependent federally protected species and severe climatic conditions. The intent of this 25-year water supply study is to help us target funds in the Western Water Initiative to areas with the most critical needs.
The new Western Water
Initiative uses collaboration, conservation, and innovation to make sure every
drop of water counts. This means improved water conservation, investments in
science and technology, and modernization of existing infrastructures. This
initiative will provide a comprehensive forward-looking water resource
management program that will respond to growing water demands. It will position the bureau in playing a
leading role in developing solutions that will help meet the increased demands
for limited water resources in the West. This proactive initiative will benefit
western communities that are struggling with increased water demands, drought,
and compliance with the Endangered Species Act. The Western Water Initiative
involves four major components:
Enhanced Water Management
and Conservation. Funding
will be used for the modernization of irrigation delivery structures such as
diversion structures and canals. This
will also allow Reclamation to use existing intrastate water banks where they
are available, and to promote intrastate water banking as a concept to help
resolve future water supply conflicts.
Preventing Water Management Crises. This initiative will enable us to provide
effective environmental and ecosystem enhancements in support of Reclamation’s
project operations through proactive and innovative activities. For example, we are exploring ways of
addressing issues at projects by identifying and integrating long-term river
system ecological needs within the context of regulated river management. Pilot projects will be selected from a list
of critical areas based on their potential for cost savings that could be
realized from proactive planning. Pilot
projects are anticipated to include environmental enhancements that provide
support for project operations or optimization of project operations for both
water supply and environmental benefits.
Expanded Science and Technology Program. Reclamation will expand its Desalination Research and Development
Program to research cost reduction of water desalinization and waste
disposal. It will also expand the
effective use of science in adaptive management of watersheds. This cooperative effort with the USGS would
assist Reclamation in reaching decisions that are driven by sound science and
research, are cost effective, and are based on performance criteria. Funding will also provide for peer review of
the science used in ESA consultations and other environmental documents issued
by Reclamation. This initiative will
improve Reclamation’s use of science and technology to address critical water
resource management issues.
Strengthening Endangered Species Act (ESA)
Expertise. Funding will be used to strengthen
staff expertise in implementing and complying with the Endangered Species Act,
and will produce identifiable mechanisms in order to achieve continuity in
evaluating biological assessments and/or biological opinions. This initiative
will enable managers to acquire a greater understanding of the purpose, process
and requirements of the ESA as it relates to federal actions that are important
to carrying out Reclamation’s water resources management mission.
My purpose in sharing our strategic vision of the Western Water Initiative with you at this time is because H.R. 135 is generally consistent with this vision.
I am pleased to see the bill has been amended from the version in the last Congress, H.R. 3561, to specifically recognize the role of states on water rights and water uses. Last year I testified that a tremendous amount of research has already been done by federal, state, local, and private entities. I am therefore pleased to see that the Commission would take this existing information into account before requesting additional studies.
For the past century DOI agencies have played an integral
role in the development of Federal water management policy and any new
management policy should continue to have strong input from DOI. As H.R. 135 moves through the legislative
process, we would again encourage you to keep in mind the responsibilities that
Congress (and the Judiciary, in some cases) has placed on DOI -- for example,
the unique role the Secretary plays as Water Master for the lower
I have already outlined for you the steps Reclamation hopes to take to improve water management in order to meet ever-increasing demands for water. Reclamation works in an environment of cooperation with state, tribal, and local governments and other Federal agencies. H.R. 135 also differs from last year’s bill by reducing the number of qualified commission members from 17 to 7. While the reduced committee size will reduce costs and perhaps improve efficiency, we would still advocate that due deference be given on membership to representatives from state government.
Lastly, the Administration objects to Section 8(b)(2) of H.R. 135 which would give the Commission the authority to require federal agencies to detail to “the Commission … such personnel as the Commission considers necessary to carry out the provisions of this Act. Specifically, the Department of Justice has informed us that giving such power to an advisory commission raises constitutional concerns, including potential Appointments Clause problems. The Department of Justice recommends that the provision be amended to authorize (and not require) federal agencies to detail personnel to the Commission.
Thank you for the opportunity to comment. I would be happy to answer any questions at this time.