CENTRAL ARIZONA PROJECT Public Policy Committee April 4, 2019 9:00 AM Francisco Grande Hotel 12684 W Gila Bend Hwy Casa Grande, AZ 85193 This meeting will not be livestreamed, but will be recorded. The video will be posted to the CAP website. FINAL AGENDA Times shown are approximate. Some items may take more or less time than scheduled, or the President may grant requests to hear items in an order other than shown. 1. Consideration of Action to Approve the Minutes of the March 7, 2019 Public Policy Committee Cesare 2. Report on State Issues that Could Affect CAP and Possible Consideration of a Recommendation that the Board Take Action on State Issues that Could Impact CAP (Leadership and Public Trust: Relationships Other Stakeholders^) Gray 3. Report on Federal Issues that Could Affect CAP and Possible Consideration of a Recommendation that the Board Take Action on Federal Issues that Could Impact CAP, including but not limited to the Colorado River Drought Contingency Plan Authorization Act (Leadership and Public Trust: Relationships Other Stakeholders^) Gray 4. Public Comment 5. Adjourn ^ Linkage to 2016 CAWCD Board of Directors Strategic Plan.
CENTRAL ARIZONA WATER CONSERVATION DISTRICT Public Policy Committee March 7, 2019 A meeting of the Public Policy Committee ("Committee") of the Central Arizona Water Conservation District's ("CAP" or "CAWCD") Board of Directors was called to order by Chair Cesare on March 7, 2019 at 9:04 a.m. The meeting was held at Central Arizona Project Headquarters, located at 23636 North Seventh Street, Phoenix, Arizona, in the Board Room. Board members present were Chair Karen Cesare, Pima County; Jennifer Brown, Maricopa County; Benjamin W. Graff, Maricopa County; and Heather Macre, Maricopa County. Board member not present was Jim Hartdegen, Pinal County. Staff members present were Ted Cooke, General Manager; Jay Johnson, General Counsel; Bridget Schwartz-Manock, Director of Public Affairs; Jeff Gray, Legislative Affairs Manager; Megan Casey, Public Affairs Management Analyst; Jennifer Miller, Board Support Specialist; and, Jessika Rodriguez, Executive Secretary. 1. CONSIDERATION OF ACTION TO APPROVE THE MINUTES OF THE FEBRUARY 7, 2019 PUBLIC POLICY COMMITTEE - CESARE On a motion (Board Member Macre) and second (Board Member Brown), approved the minutes of the February 7, 2019 Committee Meeting. Motion passed. Voting yes: Not voting: Karen Cesare, Jennifer Brown, Heather A. Macre Benjamin W. Graff 2. REPORT ON STATE ISSUES THAT COULD AFFECT CAP AND POSSIBLE CONSIDERATION OF A RECOMMENDATION THAT THE BOARD TAKE ACTION ON STATE ISSUES THAT COULD IMPACT CAP INCLUDING BUT NOT LIMITED TO HB 2586 - GRAY Jeff Gray, Legislative Affairs Manager, reported 1289 bills were introduced to date, noting that number may increase due to budget bills introduced later in the legislative session. Mr. Gray provided an overview of the status of HB2013, introduced by Representative Griffin and supported by CAP, appropriating $1M to the Arizona Water Protection Fund. Mr. Gray reported on the status of HB2590 (groundwater irrigation efficiency fund; appropriation), noting that the bill failed to pass the House Appropriations Committee and is not moving forward in its current form, but staff will continue to monitor the issue as it may become part of the overall budget discussion. Mr. Gray also reviewed the strike-everything amendment adopted to HB2586, reporting that Legislative Affairs staff worked closely with the sponsor and proponents of the bill to remove
Public Policy Committee March 7, 2019 Page 2 most of the provisions impacting CAGRD. Mr. Gray is requesting a formal position of monitor from the Committee. Mr. Gray gave an update on the following bills that were not heard in committee by the respective deadline: HB2434 (Colorado river transfer; limitation) HB2468 (Colorado river transfer; emergency rulemaking) SB1541 (irrigation districts; qualified electors; definitions) Mr. Gray also reported on the following bills, noting that staff is not recommending CAP take an official position: HB2111 (S/E: water adequacy provision; rescission) HB2467 (S/E: committees; west basin water users) HB2475 (water use; criminal penalty; wells) HB2476 (surface water forfeiture; repeal) HB2477 (adjudication statutes; unconstitutional provisions; repeal) HB2609 (Harquahala non-expansion area; groundwater transfer) HCM2004 (reserved water rights; exclusion) HCR2001 (S/E: Navajo generating station) HCR2019 (S/E: support; water management policies) Chair Cesare reviewed the Public Policy Committee process for reviewing proposed legislation and taking an official position for the new members of the Committee. On a motion (Board Member Macre) and a second (Board Member Brown), the Committee recommend that the Board adopt a position on the following pending state legislation of interest to CAP: HB 2586 water supplies; groundwater replenishment credits (MONITOR). Motion passed. Voting yes: Karen Cesare, Jennifer Brown, Benjamin W. Graff, Heather A. Macre 3. REPORT ON FEDERAL ISSUES THAT COULD AFFECT CAP AND POSSIBLE CONSIDERATION OF A RECOMMENDATION THAT THE BOARD TAKE ACTION ON FEDERAL ISSUES THAT COULD IMPACT CAP - GRAY Mr. Gray reported on federal affairs impacting the budget for both Department of Interior and the Environmental Protection Agency. He reported that the US Senate has confirmed Andrew Wheeler as Administrator of the EPA and President Trump has nominated Dan Jorjani for Solicitor of Interior, which requires confirmation by the US Senate. Mr. Gray provided an update on S.47 Natural Resources Management Act. He said this is one of the largest lands bills passed in many years. 4. PUBLIC COMMENT No public comment.
Public Policy Committee March 7, 2019 Page 3 5. ADJOURN There being no further business to come before the Committee, the meeting adjourned at 9:32 a.m. Karen Cesare Chair
State Update March 26, 2019 March 27 marks the 73 rd day of the legislative session. Of the 1,289 bills introduced by respective deadlines, the Legislature has passed 44 and the Governor has signed 35, while vetoing 1. The last day for bills to be heard in committee in committees in the opposite house is March 28, except for bills that have also been assigned to the Appropriations committees, which get one additional week (April 1-5). There has yet to be any public movement on the state budget, although there have been reports of small group meetings amongst legislators. The Joint Legislative Budget Committee (JLBC) reported this month that the state fell $41.7 million short of its revenue target in February, following a $91 million revenue shortfall in January. Of the February shortfall, $28.6 million is attributed to higher than expected individual income tax refunds. JLBC noted that February marks the beginning of tax filing season and the state typically sees fluctuations in collections this time of year. On the heels of the January loss, JLBC noted that the state will have difficulty meeting the FY2019 baseline revenue forecast on which the FY2020 budget will be based. Other issues that the Legislature continue to focus on include tax conformity, taxation of digital goods, charter schools and education funding, and car-sharing industry regulations. The following State Legislative Issues Update outlines the status of the Board-approved 2019 Legislative Agenda, as well as other relevant state issues. Legislative Affairs staff comes before the Public Policy Committee on a regular basis to seek guidance and direction on these and other proposed legislation and rules that may arise during the year. Central Arizona Project Authorities and Operations CAP Position: Monitor legislative and regulatory efforts that could impact CAP s contractual authorities or directly impact CAP water supplies and operations. No update to report at this time. Colorado River Water Supply CAP Position: Support the Lower Basin Drought Contingency Plan (DCP), including state legislative authorization for the Arizona Department of Water Resources to enter into the DCP agreements with other necessary Arizona and interstate parties. Continue to cooperate with Federal, State, Tribal and other stakeholders to support conservation efforts that protect water elevations in Lake Mead. Legislative Affairs www.centralarizonaproject.com 623-869-2425 [1]
HB2098 appropriation; water districts; infrastructure; DCP (s/e amendment) A strike-everything amendment was offered to HB2098 in Senate Appropriations on March 12 that appropriates $20M from the state general fund in fiscal year 2019-2020 to the temporary Groundwater and Irrigation Efficiency Projects Fund at ADWR. The bill passed 6-3. The strike-everything amendment is identical to HB2590, as amended, which passed House NREW on Feb 19, but failed to pass House Appropriations on Feb 25. Arizona Water Resources CAP Position: Continue to collaborate with elected officials and stakeholders on efforts to address in-state and interstate water resources issues. Monitor legislative efforts that encourage in-state water conservation and augmentation activities. No update to report at this time. Multi-Species Conservation Program (MSCP) Funding CAP Position: Support the Arizona Game and Fish Department's efforts to collect and maintain revenues sufficient to continue its annual contribution toward the costs of the MSCP. Monitor legislative and executive proposals that impact dedicated annual state funding of the MSCP. No update to report at this time. Funding of State Water Agencies and Commissions CAP Position: Support the efforts of the Arizona Department of Water Resources and the Arizona Water Protection Fund Commission to secure sufficient state General Fund appropriations in order to carry out statutory functions. Monitor legislative actions that propose to use funds available to the Arizona Water Banking Authority Commission for other purposes. HB2013 appropriation; Arizona water protection fund would appropriate $1,000,000 to the Arizona Water Protection Fund in FY 2020.The bill passed the Senate Water & Agriculture on March 7 and Senate Appropriations on March 13. CAP Position: SUPPORT Legislative Affairs www.centralarizonaproject.com 623-869-2425 [2]
Central Arizona Groundwater Replenishment District (CAGRD) CAP Position: Monitor any proposed CAGRD-related legislation to ensure its operations are not adversely impacted. Promote awareness of CAGRD s statutory functions, operations, and funding to inform lawmakers of its critical contribution to Arizona s water management and economic development. HB2586 water supplies; groundwater replenishment; credits (s/e amendment) As amended, the bill provides for extension of an Assured Water Supply (AWS) analysis in the Pinal AMA if certain conditions are met, as well as outlines new factors to be considered in the AWS model. It also clarifies the 100yr CAGRD reserve target calculation. The bill was retained in the House Committee of the Whole (COW) on March 4 and has not been placed on a COW calendar since. CAP Position: MONITOR. Agency Rulemaking CAP Position: Continue to monitor state rulemaking and implementation related to energy, air quality, water quality and other issues that may affect CAP operations. No update to report at this time. If you have any questions or would like more information regarding any of the issues contained in this report, please contact CAP Legislative Affairs at 623-869-2425. Legislative Affairs www.centralarizonaproject.com 623-869-2425 [3]
State Legislative Update Public Policy Committee April 4, 2019 Jeff Gray Legislative Affairs Manager State Update 1,289 bills and 98 memorials/resolutions introduced. 44 bills have passed the Legislature. 35 bills have been signed by the Governor. 1 bill has been vetoed by the Governor. The last day for bills to be heard in committee in the opposite house was March 28, except for bills that have also been assigned to the Appropriations committees, which have one additional week (week of April 1-5). 1
State Update House Natural Resources, Energy and Water Committee Presentation On Tuesday, March 19, Board Members Karen Cesare and Sharon Megdal, along with General Manager Ted Cooke, provided a presentation to the House Natural Resources, Energy & Water Committee, chaired by Rep. Gail Griffin. The presentation focused on CAP operations and the CAGRD. Colorado River Water Supply Support the Lower Basin Drought Contingency Plan (DCP), including state legislative authorization for the Arizona Department of Water Resources to enter into the DCP agreements with other necessary Arizona and interstate parties. Continue to cooperate with Federal, State, Tribal and other stakeholders to support conservation efforts that protect water elevations in Lake Mead. HB2098 approp; water districts; infrastructure; DCP (s/e amendment) Appropriates $20M from the state general fund in fiscal year 2019-2020 to the temporary Groundwater and Irrigation Efficiency Projects Fund at ADWR. All monies unencumbered on Dec. 31, 2021 revert to the state general fund. Strike-everything amendment was heard in Senate Appropriations on March 12, passing 6-3. Identical to HB2590, as amended, which passed House NREW on Feb 19, but failed to pass House Appropriations on Feb 25. 2
Funding of State Water Agencies and Commissions Support the efforts of the Arizona Department of Water Resources and the Arizona Water Protection Fund Commission to secure sufficient state General Fund appropriations in order to carry out statutory functions. Monitor legislative actions that propose to use funds available to the Arizona Water Banking Authority Commission for other purposes. Arizona Water Protection Fund HB2013, introduced by Rep. Gail Griffin, would appropriate $1,000,000 to the Fund. HB2013 passed the Senate Water & Agriculture on March 7, and Senate Appropriations on March 13. CAP Position: SUPPORT Central Arizona Groundwater Replenishment District (CAGRD) Monitor any proposed CAGRD-related legislation to ensure its operations are not adversely impacted. Promote awareness of CAGRD s statutory functions, operations, and funding to inform lawmakers of its critical contribution to Arizona s water management and economic development. HB2586 water supplies; groundwater replenishment; credits (s/e amendment) As amended, the bill provides for extension of an Assured Water Supply (AWS) analysis in the Pinal AMA if certain conditions are met, as well as outlines new factors to be considered in the AWS model. Clarifies the 100yr CAGRD reserve target calculation. Retained in House Committee of the Whole (COW) on March 4 and has not been placed on a COW calendar since. CAP Position: MONITOR. 3
Other Bills HB2124 s/e appropriations; courts; water master Status: HB2467 committees; west basin water users Status: Passed Senate W&A 3/21 HB2475 water use; criminal penalty; wells Status: Passed Senate W&A 3/21 with amendment HB2477 adjudication statutes; unconstitutional provisions; repeal Status: Passed Senate W&A 3/14; Senate Rules 3/19 HCM2004 reserved water rights; exclusion Status: Passed Senate W&A 3/14; Senate Rules 3/19 HCR2001 Navajo gen station (s/e Navajo water supply project; support) Status: s/e heard in Senate NRE on 3/27 HCR2019 support; water management policies Status: Passed Senate W&A 3/14; Senate Rules 3/19 SB1440 s/e appropriations; employees; water resources Status: KNOW YOUR WATER Questions? CentralArizonaProject.com ~ CAGRD.com 4
Agenda Number 3. CONTACT: Bridget Schwartz-Manock 623-869-2150 bschwartzmanock@cap-az.com Jeff Gray 623-869-2425 jgray@cap-az.com MEETING DATE: Thursday, April 4, 2019 AGENDA ITEM: RECOMMENDATION: Report on Federal Issues that Could Affect CAP and Possible Consideration of a Recommendation that the Board Take Action on Federal Issues that Could Impact CAP, including but not limited to the Colorado River Drought Contingency Plan Authorization Act (Leadership and Public Trust: Relationships - Other Stakeholders^) - Gray Staff recommends that the Board adopt a position of support of the Colorado River Drought Contingency Plan Authorization Act. FISCAL IMPLICATIONS: No Impact on Budget: None. Additional spending authority requested: None. Impact on Reserves: None. Impact on Rates: None. LINKAGE TO STRATEGIC PLAN, POLICY, STATUTE OR GUIDING PRINCIPLE: CAWCD 2016 Board of Directors Strategic Plan Leadership & Public Trust: Relationships Improve Relationships with Customers and Stakeholders Leadership & Public Trust: CAP Board Leadership Equip Board Members to Effectively Represent CAP and its Positions Water Supply: Optimize Reliability and Sustainability of CAP Water Supply PREVIOUS BOARD ACTION/ACTIVITY: November 1, 2018 Public Policy Committee previewed and discussed the draft proposed 2019 Federal Legislative Agenda. December 6, 2018 ISSUE SUMMARY/DESCRIPTION: Board adopted 2019 Federal Legislative Agenda. This update reports on and requests guidance on bills being considered by the United State Senate and House of Representatives relating to the Colorado River Drought Contingency Plan. See attached documents and issue description. 623-869-2333 From Tucson 520-579-0046 Fax 623-869-2332 CentralArizonaProject.com
SUGGESTED MOTION: I move that the Public Policy Committee recommend that the Board adopt a position of support on the Colorado River Drought Contingency Plan Authorization Act. ATTACHMENTS: 1. Federal-Issues-Update-March2019 2. Federal Update PP April 2019 3. Senate Bill_Colorado River Drought Contingency Plan Authorization Act 4. McSally Press Release 5. House Bill_Colorado River Drought Contingency Plan Authorization Act 6. House Press Release
Federal Update March 26, 2019 Department of the Interior and Environmental Protection Agency Funding: President s Budget Released On March 11, 2019, President Trump released his budget request for fiscal year 2020 entitled A Budget for A Better America. The President s budget request outlines the Administration s priorities for government programs and spending in FY2020. Congress is currently planning its annual appropriations cycle after several years of funding the government through continuing resolutions that culminated in the passage of a FY2019 appropriations package ending a government shutdown that coincided with the beginning of the 116th Congress. The President s budget request proposed significant cuts across the federal budget. Included in the budget proposal is a $2.8 billion (31%) cut to EPA s budget and a $2 billion (14%) cut to the Department of the Interior s budget. While there are cuts overall in Interior s budget, there is increased spending in offshore and onshore energy development, as well as a focus on streamlining permit reviews. These budget priorities are in line with the President s Energy Dominance agenda. The budget proposes $1.1 billion in current appropriations for the Bureau of Reclamation. This represents a $461 million decrease from FY2019 actual appropriations. However, it should be noted that permanent appropriations for the Bureau of Reclamation add $430.1 million for FY2020 and when these permanent appropriations are considered, Reclamation s funding is only very slightly decreased under the budget. The budget request includes a $93 million decrease in funding for WaterSMART, decreasing funding for Title XVI Reclamation and Reuse projects by about $55 million and decreasing WaterSMART grants by $24 million. The Colorado River Basin Salinity Control Basinwide Program is proposed for an increase of $2 million from FY 2019, to $10 million under the President s budget. Enacted Indian water rights settlements would get a combined $179 million from the Bureau of Indian Affairs and the Bureau of Reclamation. While the budget sets out the President s priorities and signals to lawmakers his wishes, the FY2020 appropriations process which is underway must ultimately be initiated by Congress and originate in the Democratically controlled House of Representatives. Interior and EPA Staffing David Bernhardt's nomination for Secretary of the Interior was sent to the Senate, and a hearing to consider the nomination is being held by the full Senate Energy and Natural Resources Committee on March 28, 2019. Bernhardt is currently the Acting Secretary following the resignation of Secretary Zinke. Daniel Jorjani has been nominated to be Solicitor at the Department of the Interior. Jorjani is currently the Principal Deputy Solicitor, a position he has held since May 2017. Andrew Wheeler was confirmed as the Administrator of the EPA on February 28, 2019. Legislative Affairs www.centralarizonaproject.com 623-869-2425 [1]
The following Federal Legislative Issues Update outlines the status of the Board-approved 2019 Legislative Agenda, as well as other relevant federal issues. Legislative Affairs staff comes before the Public Policy Committee on a regular basis to seek guidance and direction on these and other proposed legislation and rules that may arise during the year. Colorado River Water Supply CAP Position: Support the Lower Basin Drought Contingency Plan (DCP), including legislation that directs the Secretary of the Interior to implement the DCP. Continue to cooperate with Federal, State, Tribal, and other stakeholders to mitigate potential impacts on the CAP water supply and support water conservation and augmentation activities, such as the Pilot System Conservation Program, desalination, weather modification, and water reuse and recycling programs, as well as other programs. Continue to support the operation of the Yuma Desalting Plant or suitable alternatives to reduce system losses. Congressional DCP Hearings On March 19, 2019, the Governor s representatives of the seven Colorado River Basin States and key water districts formally submitted Drought Contingency Plans to Congress and requested that Congress swiftly enact federal legislation to allow for implementation. The Department of the Interior terminated its request for input from the Colorado River Basin States on the best way to reduce the risks that the Colorado River is facing. The States have sent a joint letter to members of Congress asking for action on federal authorizing legislation. Congress is holding hearings on the DCP during the last week in March. The Subcommittee on Water and Power of the Senate Energy and Natural Resources Committee is having a hearing on March 27, 2019 and the Subcommittee on Water, Oceans, and Wildlife of the House Natural Resources Committee is holding a hearing on March 28, 2019. The following witnesses will appear in person at the Senate DCP hearing: Brenda Burman, Commissioner of the Bureau of Reclamation, Tom Buschatzke, Director of the Arizona Department of Water Resources, John Entsminger, General Manager of the Southern Nevada Water Authority, and Patrick Tyrrell, the State Engineer of the State of Wyoming. The House hearing will include the same witnesses as the Senate with the addition of John D Antonio, New Mexico State Engineer, James Eklund, Colorado Commissioner, Upper Colorado River Commission, Eric Millis, Director, Utah Division of Water Resources, and Peter Nelson, Chairman, Colorado River Board of California. S. 47 John D. Dingell, Jr. Conservation, Management, and Recreation Act On March 12, the President signed S. 47, the John D. Dingell, Jr. Conservation, Management, and Recreation Act, into law as Public Law No. 116-9. This public lands package combined over 100 bills that were introduced last Congress related broadly to federal land management. Title VIII deals with water and power and includes a provision on title transfer for Bureau of Reclamation facilities as well as an extension of authorization for endangered fish programs. Legislative Affairs www.centralarizonaproject.com 623-869-2425 [2]
The bill also amended authorization for the Bureau of Reclamation s WaterSmart program relating to eligibility of Indian tribes and included a section on Bureau of Reclamation Transparency that requires the Bureau of Reclamation to prepare reports for Congress related to the status of assets including information about major repair and rehabilitation needs. Cybersecurity CAP Position: Monitor legislative efforts to address cybersecurity and potential threats to critical infrastructure and vital computer systems. No update to report at this time. Central Arizona Project Water Infrastructure CAP Position: Monitor proposals by the Executive and Congress to provide financing opportunities to modernize U.S. infrastructure and determine possible opportunities for CAP. Infrastructure Progress Remains at a Standstill The President s proposed budget would reduce the Department of Transportation s (DOT) discretionary budget by 22 percent, with most of the cuts to the Army Corps of Engineers (31 percent cut), the Federal Railroad Administration (FRA) (30 percent cut), and the Maritime Administration (MARAD) (39 percent cut). Efforts to reauthorize the surface transportation program and develop an infrastructure investment bill have not resulted in a clear path forward. Democrats emphasized the need for climate and resiliency considerations, while Republicans advocated for fewer project barriers and a more localized approach. Neither side spent much time addressing how to fund these priorities. Energy Legislation CAP Position: Monitor legislative efforts that may impact CAP operations, including CAP s ability to secure affordable energy and ensure reliable transmission delivery. Continue efforts to engage elected officials, stakeholders, and governmental agencies regarding federal activities that affect the Navajo Generating Station. Green New Deal Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Ed Markey (D-MA) released a draft nonbinding resolution that outlined the policy goals of the Green New Deal. The resolution contains five core goals of the policy which include achieving net-zero GHG emissions, job creation, sustainable industry and infrastructure investment, environmental stewardship for Legislative Affairs www.centralarizonaproject.com 623-869-2425 [3]
future generations, and environmental justice for marginalized groups. The resolution remains vague on how these goals should be realized within the 10-year timeframe referenced in the resolution. Support and opposition of the nonbinding resolution is drawn along party lines. Senate Majority Leader Mitch McConnell (R-KY) put S.J.Res.8, the Senate resolution outlining the Green New Deal, on the legislative calendar for a vote on March 26. The House resolution, H.Res.109, has been referred to applicable committees, but is not scheduled for a vote. Water Quality and Salinity Issues CAP Position: Monitor water quality issues impacting the Colorado River that may affect CAP operations. Support the activities of the Colorado River Basin Salinity Control Forum, including efforts to secure adequate funding and improve water management. Support the efforts of the Lower Colorado River Water Quality Partnership to address water quality issues of the Colorado River. Supporting Appropriations Requests for Salinity Programs The Colorado River Basin Salinity Control Act is funded through programs within three different budgets: the Bureau of Land Management (BLM), the Bureau of Reclamation, and the USDA s Natural Resources Conservation Service s Environmental Quality Incentives Program (EQIP). CAWCD, in coordination with the Colorado River Basin Salinity Control Forum, is submitting statements for the record to support appropriations within each of these budgets to support the program. A statement supporting a $2 million appropriation for salinity control by the BLM was submitted on March 14. CAWCD will also join fellow members of the Colorado River Basin Salinity Control Forum in supporting $12.7 million for the Colorado River salinity within the USDA s EQIP appropriation and $10 million from the Bureau of Reclamation s Basinwide program. Indian Water Rights Settlements CAP Position: Continue to collaborate with Arizona Tribes and other stakeholders on issues related to resolving water rights claims. Continue to support legislation necessary and appropriate to enact the Hualapai Tribe water rights settlement. No update to report at this time. Legislative Affairs www.centralarizonaproject.com 623-869-2425 [4]
Federal Rulemaking CAP Position: Continue to monitor federal rulemaking and implementation related to energy, air quality, water quality, and other issues that may affect CAP operations. No update to report at this time. If you have any questions or would like more information regarding any of the issues contained in this report, please contact CAP Legislative Affairs at 623-869-2425. Legislative Affairs www.centralarizonaproject.com 623-869-2425 [5]
Federal Legislative Update Public Policy Committee April 4, 2019 Jeff Gray Legislative Affairs Manager Meetings with Federal Delegation CAP Board members Terry Goddard, Sharon Megdal, and Karen Cesare, along with staff, visited Washington DC in March to meet with our congressional delegation. Meetings were held with: Congresswoman Lesko, Congressman Stanton, Congressman Schweikert, Congresswoman Kirkpatrick, Congressman O Halleran, Senator Sinema, Senator McSally, as well as staff from the offices of Congressman Grijalva, Congressman Gosar, and Congressman Biggs. Meetings were also held with Senate minority and majority committee staff and the US Dept of Interior. 1
Federal Update President s FY2020 Budget Proposal Released On March 11, 2019, President Trump released his budget request for fiscal year 2020 entitled A Budget for A Better America. The President s budget request makes dramatic cuts across the federal budget. Included in the budget proposal is a $2.8 billion (31%) cut to EPA s budget and a $2 billion (14%) cut to the Department of the Interior s budget. The Bureau of Reclamation s $1.1 billion proposed budget is $461 million below FY2019 appropriated levels, but stable when permanent funding is taken into account. While the budget sets out the President s priorities, appropriations must ultimately be initiated by Congress and originate in the House of Representatives. Colorado River Water Supply Support the Lower Basin Drought Contingency Plan (DCP), including legislation that directs the Secretary of the Interior to implement the DCP. Continue to cooperate with Federal, State, Tribal, and other stakeholders to mitigate potential impacts on the CAP water supply and support water conservation and augmentation activities, such as the Pilot System Conservation Program, desalination, weather modification, and water reuse and recycling programs, as well as other programs. Continue to support the operation of the Yuma Desalting Plant or suitable alternatives to reduce system losses. Congressional DCP Hearings Following up on letters transmitted by basin states expressing support for federal authorizing legislation, the Senate and House have scheduled hearings on the Colorado River Drought Contingency Plan (DCP) on March 27 and 28 ADWR Director Tom Buschatzke is scheduled to testify at both hearings. S. 47 Natural Resources Management Act The omnibus public lands bill has been enacted into law (P.L. 116-9). 2
Water Quality and Salinity Issues Monitor water quality issues impacting the Colorado River that may affect CAP operations. Support the activities of the Colorado River Basin Salinity Control Forum, including efforts to secure adequate funding and improve water management. Support the efforts of the Lower Colorado River Water Quality Partnership to address water quality issues of the Colorado River. CAWCD is beginning the annual process of providing statements in support of appropriations requests, along with other supporters of the Colorado River Basin Salinity Control Forum. Salinity work is funded by the USDA s Natural Resources Conservation Service (NRCS) under the Environmental Quality Incentives Program (EQIP), and within the Bureau of Land Management s Colorado River Salinity Control Program, and the Bureau of Reclamation s Basinwide Program. KNOW YOUR WATER Questions? CentralArizonaProject.com ~ CAGRD.com 3
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 1 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Legislation Tuesday, April 2, 2019 U.S. SENATE Today, U.S. Senator Martha McSally (R-AZ) led the Colorado River Basin Senators to introduce the historic Colorado River Drought Contingency Plan Authorization Act (https://www.mcsally.senate.gov/sites/default/files/2019-04/colorado%20river%20drought%20contingency%20plan% 20Authorization%20Act.pdf). The legislation was developed in a bipartisan, bicameral manner to ensure the wide-reaching Drought Contingency Plan (DCP) forged between the seven Colorado River Basin states and Indian tribes can be implemented without delay while fully respecting important environmental protections in the process. The legislation is co-sponsored by all 14 Senators from the Colorado River Basin which includes: U.S. Senators Kyrsten Sinema (D-AZ), Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), Mike Enzi (R-WY),
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 2 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 Mitt Romney (R-UT), Mike Lee (R-UT), Cory Gardner (R-CO), Michael Bennet (D-CO), Dianne Feinstein (D-CA), Kamala Harris (D-CA), Martin Heinrich (D-NM), Tom Udall (D-NM), and John Barrasso (R-WY). "The Drought Contingency Plan is a landmark grassroots effort that is a state-driven solution to ensure that we continue to provide drinking water to 40 million Americans, irrigation for 5.5 million acres of farmland, and more than 4,000 megawatts of carbonfree hydropower to communities across the West, Senator McSally said. Congratulations to all the states for their hard work. I am honored to lead this bipartisan DCP legislation and will work to get it urgently signed into law. I'm proud to have worked with local stakeholders and Senate colleagues to keep the Drought Contingency Plan on track and ensure Congressional leaders know how important the agreement is to Arizona, Senator Sinema said. I ll keep working across the aisle to pass our legislation and help secure Arizona s water future.
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 3 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 Securing our water future is one of the most important issues we face," said Arizona Governor Doug Ducey. "Earlier this year, Arizona showed we know how to get big things done by coming together to pass the historic Drought Contingency Plan allowing Arizona to join the other basin states on a comprehensive plan to conserve more water. Now, it's Congress' turn to move DCP forward. My thanks to Senator Martha McSally and Representative Raul Grijalva for their leadership and urgency and to all members of Arizona s delegation for making this issue a priority. Let's show the country we can still work together to do the things that matter. Let's get this done."
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 4 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 I applaud Senator McSally and the entire Colorado River Basin delegation for introducing this bill, which is vitally important to the water security of 40 million people out west, Energy and Natural Resources Chairman Lisa Murkowski said. My colleagues on the Energy and Natural Resources Committee have kept me informed about the urgency and progress of this effort over the last few years, and we now look forward to moving it quickly into law so the Basin states can begin saving water and protecting Lakes Mead and Powell this year.
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 5 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 I applaud the Colorado River Basin States for coming together to address the ongoing threat of drought to our states economy, public safety, and the daily lives of millions, said Senator Cortez Masto. I look forward to working together with my colleagues to pass this bipartisan legislation that protects the Colorado River, should a shortage be declared, and supports and protects our urban areas, agricultural and grazing lands, and recreational as well as tourism economies. I ll do all I can in the Senate to collaborate with my western state colleagues to protect Lake Mead, the Colorado River, and the water resources of those who live in Nevada and across the west. Conserving water in the Colorado River is important for Wyoming and for many states in the West, Senator Enzi said. I am glad the states worked together in developing this plan to help protect those who rely on the Colorado River basin and ensure there is sufficient water for years to come.
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 6 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 For the last nineteen years, my home state of Utah has been in a severe drought, with Lake Powell currently at dangerously low levels, Senator Romney said. The Colorado River is critical to the survival, livelihood, and recreation of Utahns, and we must do everything we can to sustain it. By implementing drought contingency plans for the Colorado River Basin, this bill is an important step toward managing Utah s waters and the communities that depend on them. I d like to commend the many individuals from all the state involved for their hard work, Senator Lee said. The Colorado River is managed under a complicated set of compacts, statues, court decisions, and other agreements; given these constraints, negotiating a compromise among all the stakeholders is quite the accomplishment.
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 7 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 40 million people in the western United States depend on the health of the Colorado River to provide water for agricultural, municipal, and consumptive use, Senator Gardner said. The river also supports a growing recreation economy. However, in the face of long term drought, the basin states have come together to create coordinated plans that should aid efforts to prevent severe water shortages in the west and stabilize water storage levels at Lake Mead and Lake Powell. I congratulate the states on the successful collaboration that has produced this plan, and I urge my colleagues to move this legislation without delay.
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 8 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 Severe droughts will become more frequent in the West as our climate continues to change, so we have to be prepared by saving more water from the wet years for the dry ones, said Senator Feinstein. This is especially important in the Colorado River basin, which supplies water to seven states and 40 million people. By working together in a collaborative way, we can help ensure the Colorado River remains a sustainable water source for the communities and wildlife that depend on it. As climate change continues to disrupt our environment, it s critical that we do everything we can to ensure equitable and fair access to water, said Senator Heinrich. New Mexico s cities, farmers, and tribes all rely on water from the Colorado River Basin, and the Colorado River Drought Contingency Plan Authorization Act will ensure that all New Mexicans can count on having they water they need to live and work even in times of drought.
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan Le... Page 9 of 14 https://www.mcsally.senate.gov/node/201 4/2/2019 In New Mexico, we live by the saying agua es vida -- water is life -- because we know how vital this precious resource is to preserving our economy, our environment, and our way of life in the West, especially as climate change threatens our water supplies, Senator Udall said. Drought is the new normal, and this legislation is an important step in securing sustainable water supplies throughout the Southwest, and minimizing future conflicts and litigation. The Drought Contingency plan is the product of close collaboration between Colorado River Basin states, the federal government, and Indian Tribes at a time when climate change is making New Mexico and the Southwest hotter and drier, and putting a strain on our already scarce resources. For New Mexico, the plan will protect future flows from the San Juan-Chama project, which brings water from the Colorado River Basin into New Mexico. By working together rather than against each other we were able to devise a plan
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan... https://www.mcsally.senate.gov/node/201 Page 10 of 14 4/2/2019 that will benefit everyone, from Indian Tribes and farmers to the growing communities of Santa Fe and Albuquerque. Water is one of our most precious resources especially for Western states like Nevada, said Senator Rosen. I was proud to see so many local stakeholders come to the table to negotiate a sustainable and historic conservation plan. This legislation will codify this agreement, allowing all of the Colorado River Basin states to continue to have access to water for future generations.
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan... https://www.mcsally.senate.gov/node/201 Page 11 of 14 4/2/2019 From irrigation and ranching, power production and recreation, water is central to the way of life in Wyoming and the West, Senator Barrasso said. In the face of nearly two decades of drought, new management practices are needed to sustain these uses for future generations. The drought contingency plan is the process of great collaboration and consensus throughout the Colorado River Basin. It will help protect water users and prevent unnecessary government intervention. We are very pleased that Congress is moving so swiftly to implement DCP, Stephen Roe Lewis, governor of the Gila River Indian Community, said. It is critical for us that this legislation is approved quickly so we can start storing water in Lake Mead this year. I want to thank Senator McSally and the entire Arizona Congressional delegation for all their work and support to move this critical legislation.
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan... https://www.mcsally.senate.gov/node/201 Page 12 of 14 4/2/2019 Since time immemorial, the River has protected the Aha Makav people. Now it is our turn to protect the River, said Dennis Patch, Chairman of the Colorado River Indian Tribes. CRIT strongly supports this legislation and looks forward to working with Congress to ensure it is swiftly enacted. The legislation is available here (https://www.mcsally.senate.gov/sites/default/files/2019-04/colorado%20river%20drought%20contingency%20plan% 20Authorization%20Act.pdf). The Colorado River Basin drains more than 246,000 square miles across seven states and Mexico. More than 40 million people in Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming depend on the river for drinking water, farming irrigation, and hydropower. Since 2000, the Colorado River has experienced its most severe drought in 100 years of record keeping and what may be the one of the driest periods in the last 1,200 years according to paleo-records. The Drought Contingency Plan otherwise known as the DCP was negotiated between the seven Colorado River Basin States and Indian tribes to respond to this prolonged drought. It is designed to protect Lakes Mead and Powell from reaching certain critical water elevations that would
McSally Leads Colorado River Basin Senators to Introduce Drought Contingency Plan... https://www.mcsally.senate.gov/node/201 Page 13 of 14 4/2/2019 trigger severe water supply reductions and hydropower impacts, including the risk of reaching crises levels where operational control of the Colorado River System is lost. Issues General (/issues/general) ### (/NODE/200) PREVIOUS SUBSCRIBE E-NEWSLETTER First Name * Last Name * Email * Subscribe
G:\M\16\GRIJAL\GRIJAL_029.XML 116TH CONGRESS 1ST SESSION... (Original Signature of Member) H. R. ll To direct the Secretary of the Interior to execute and carry out agreements concerning Colorado River Drought Contingency Management and Operations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. GRIJALVA introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To direct the Secretary of the Interior to execute and carry out agreements concerning Colorado River Drought Contingency Management and Operations, and for other purposes. 1 2 3 4 5 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Colorado River Drought Contingency Plan Authorization Act. g:\vhlc\032819\032819.244.xml (722826 3) March 28, 2019 (4:31 p.m.) VerDate Mar 15 2010 16:31 Mar 28, 2019 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\ECBLOUNT\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\GRIJAL_029
G:\M\16\GRIJAL\GRIJAL_029.XML 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 SEC. 2. COLORADO RIVER BASIN DROUGHT CONTINGENCY PLANS. (a) IN GENERAL. Notwithstanding any other provision of law expressly addressing the operation of the applicable Colorado River System reservoirs, immediately upon execution of the March 19, 2019, versions of the Agreement Concerning Colorado River Drought Contingency Management and Operations and the agreements attached thereto as Attachments A1, A2, and B, by all of the non- Federal parties thereto, the Secretary of the Interior shall, without delay, execute such agreements, and is directed and authorized to carry out the provisions of such agreements and operate applicable Colorado River System reservoirs accordingly. (b) EFFECT. Nothing in this section shall (1) be construed or interpreted as precedent for the litigation of, or as altering, affecting, or being deemed as a congressional determination regarding, the water rights of the United States, any Indian Tribe, band, or community, any State or political subdivision or district of a State, or any person; or (2) exempt the implementation of such agreements and the operation of applicable Colorado River System reservoirs from any requirements of applicable Federal environmental laws. g:\vhlc\032819\032819.244.xml (722826 3) March 28, 2019 (4:31 p.m.) VerDate Mar 15 2010 16:31 Mar 28, 2019 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\ECBLOUNT\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\GRIJAL_029
Press Release Press Releases Media The House Committee on Natural Resources https://naturalresources.house.gov/media/press-releases/chair-grijalva-will-introduce-colo-ri... Page 1 of 5 4/2/2019 04.02.19 Chair Grijalva Will Introduce Colo. River Drought Contingency Plan Authorization Act Today Vows Swift Committee Movement, Urges Senate to Act Fast Washington, D.C. Chair Raúl M. Grijalva (D-Ariz.) today will introduce the Colorado River Drought Contingency Plan Authorization Act, a bill to approve the water management agreement recently reached by the seven states in the Colorado River Basin to reduce to impacts of drought and climate change-induced water shortages across the West. Grijalva has vowed to move the bill available at http://bit.ly/2ylpfai quickly through the Natural Resources Committee, which oversees the U.S. Bureau of Reclamation, the federal agency responsible for implementing certain provisions of the agreement. Grijalva has played a central role in helping advance solutions to address the historic drought in the Colorado River Basin. James Eklund, Gov. Jared Polis (D-Colo.) lead Colorado River policy representative, praised Grijalva s strong leadership today, saying his efforts have put states throughout the Colorado River Basin in position to wisely manage this lifeline of the American West. Statements of support for the bill, including a supportive letter from a coalition of seven environmental organizations, are available below. States worked together, and now it s time for Congress to work together and finish this process while we still have time, Grijalva said today. The House will move this bill quickly and the Senate should follow suit. Any foot-dragging or needless delay is going to worsen an already risky situation for the millions of people who rely on Colorado River water every day.
Press Release Press Releases Media The House Committee on Natural Resources https://naturalresources.house.gov/media/press-releases/chair-grijalva-will-introduce-colo-ri... Page 2 of 5 4/2/2019 The agreement between Arizona, New Mexico, Colorado, Nevada, Utah, California and Wyoming was the subject of a March 28 hearing in the Water, Oceans, and Wildlife Subcommittee, where each of those states respective Colorado River management officials and Bureau of Reclamation Commissioner Brenda Burman offered their support. The bill is cosponsored by Reps. Jared Huffman (D-Calif.), Grace Napolitano (D-Calif.), Rob Bishop (R-Utah), Ruben Gallego (D-Ariz.), Doug Lamborn (R-Colo.), Debbie Lesko (R-Ariz.), Alan Lowenthal (D-Calif.), Tom O Halleran (D-Ariz.), Lucille Roybal- Allard (D-Calif.), Greg Stanton (D-Ariz.), Chris Stewart (R-Utah), Diana DeGette (D-Colo.), Paul Gosar (R-Ariz.), Deb Haaland (D-N.M.), Mike Levin (D-Calif.), Ben McAdams (D-Utah), Ed Perlmutter (D-Colo.), Adam B. Schiff (D-Calif.), David Schweikert (R-Ariz.), Dina Titus (D-Nev.), Liz Cheney (R-Wyo.) and Andy Biggs (R-Ariz.). The agreement establishes new water conservation measures to protect reservoir levels at Lake Mead and Lake Powell. The bill and underlying agreement use voluntary water reductions and innovative management strategies to avoid historic lows in Colorado River reservoirs, which would trigger dramatic water delivery cuts to the seven states. Statements of Support As the Headwaters State, Colorado supports this legislation and the Colorado River contingency plan that strengthens its environments and communities. Water stress exacerbated by climate change is here now, so we must act. Chairman Grijalva s strong leadership has put the Basin States in position to wisely manage this lifeline of the American West. James Eklund, Colorado Commissioner, Upper Colorado River Commission Thanks to Chairman Grijalva for bringing diverse stakeholders together, including Arizona and the Basin States, water users, tribes and environmental groups, in support of this bill, which is vital to protecting the health of the Colorado River. I want to express my gratitude to the Arizona delegation, whose bipartisan support is indicative of the importance of this bill to the state. Thomas Buschatzke, Director, Arizona Department of Water Resources