STATEMENT OF JOHN KEYS III before the HOUSE WATER AND POWER RESOURCES SUBCOMMITTEE BOISE, IDAHO OCTOBER 5, 1995 Good Morning. It is a pleasure to address this field hearing of the House Water and Power Resources Subcommittee on the vital topic of water. The Reclamation Act of 1902 established Reclamation as a purely western water resource agency, and laid a strong foundation for a successful state-federal partnership. Section 8 of the 1902 Act provides that the development and operation of Reclamation projects will be undertaken in compliance with state water law. Reclamation has acquired appropriative state water rights for the operation of its projects. Reclamation's water rights include storage rights for the operation of project reservoirs. Subsequent to the Reclamation Act of 1902 some western states enacted special water laws to provide specific authority to develop federal Reclamation projects. These changes and strong local support prompted Congress to authorize and appropriate funds for many Reclamation projects. Today, about 2.7 million acres in the Pacific Northwest are irrigated from Reclamation project irrigation water, a little less than half of all acres irrigated in the Snake and Columbia River Basins below the Canadian border. Later Acts of Congress have modified Reclamation's operating requirements both generally and specifically. Reclamation must also comply with general statutes like the National Environmental Policy Act, Endangered Species Act and the Northwest Power Act. Reclamation projects benefit people throughout the region by serving irrigation, power, flood control, recreation, and fish and wildlife purposes. Reclamation projects in the Snake River Basin date back to the period just after passage of the Reclamation Act of 1902. These early projects were constructed by steam power and horse drawn equipment. Idaho and Oregon have seen considerable change in the intervening decades, but these projects are every bit as successful for irrigation today as they were when first constructed. At the same time, there is sufficient operational flexibility to operate these projects to meet special needs that were often not originally contemplated. Reclamation is a water management agency and we will continue to try for improvements in the operation of projects to meet the needs of all stakeholders. Beginning in 1991, the Bureau of Reclamation has worked closely with the National Marine Fisheries Service (NMFS), the Bonneville Power Administration (BPA), the U.S. Army Corps of Engineers (COE), the Northwest Power Planning Council (NPPC), the U.S. Fish and Wildlife Service (FWS), state, Native American, fishery, hydropower, and irrigation interests in trying to preserve salmon runs in the Pacific Northwest under the Endangered Species Act. Reclamation's salmon restoration efforts have supported the Fish and Wildlife Program of the NPPC and Biological Opinions of the NMFS on the operation of the Federal Columbia River Power System (FCRPS). The current Biological Opinion of March 2, 1995, is the river passage piece of a broader Salmon recovery program outlined in the NMFS draft salmon Recovery Plan that addresses harvest, hatchery operations, habitat, and river passage. The NPPC developed a comprehensive salmon recovery strategy in December, 1991 as part of its Columbia River Basin Fish and Wildlife Program. It called for the delivery of 427,000 acre-feet from Bureau of Reclamation uncontracted storage space and water rentals. This same volume of water is requested by NMFS in the current Biological Opinion. The following volumes of water have been provided from Reclamation projects: a. Additional Water provided by Idaho Power Company for a total of 427,000 acre-feet. Providing these releases has proven to be a challenge. Reclamation has made a sincere effort to keep the water users informed of its actions and preserve the integrity of the Project repayment and spaceholder contracts. Reclamation has fully honored its contract commitments to water users throughout this period. Reclamation will continue to honor its contractual obligations. In order to provide 427,000 acre-feet each year, additional water will be needed, which Reclamation will obtain from willing sellers or lessors. The NMFS Biological Opinion reflects this decision and recognizes Reclamation's close working relationship within state water law by incorporating two important conditions with respect to the 427,000 acre-feet: • Reclamation will only acquire water from willing sellers Reclamation will provide water in accordance with state water law. Idaho and Oregon water users in the Snake River Basin are being contacted about the possibility of renting or purchasing their water supplies. Reclamation has permanently acquired two blocks of reservoir storage from project reservoirs in Idaho totaling some 22,000 acre-feet. It has also rented water from Idaho irrigation spaceholders in four of the last five years. Reclamation's decision to acquire water only from willing sellers was made in the early phases of salmon recovery efforts. Reclamation is proud of its heritage as a western water resource agency that has forged strong partnerships with states and local communities, and is committed to meeting fully the requirements of all applicable laws. The willing seller program, in compliance with state water law, provides powerful protection to private water users. Reclamation's analysis and efforts in providing water have identified many important issues, including: Water needs to be provided from a wide variety of sources, including storage, natural flows, short and long term rentals, and dry year options. • Water should be obtained from the entire area above Lower Granite Dam, including the Idaho, Oregon, and Snake River tributaries below Brownlee. In 1991, the Idaho Department of Water Resources (IDWR) advised Reclamation to file for a change of use under Idaho water law to properly cover any flow augmentation releases as a valid purpose under state water law. Reclamation made such an application in 1992, after which the Idaho Legislature enacted I.C. 42-1763A, specifically authorizing storage releases for flow augmentation through the 1994 season. All subsequent releases of stored water have complied with that provision of state law. Following Reclamation's 1994 application, the Legislature extended I.C. 1763A through the 1995 irrigation season with the condition that Reclamation hold in abeyance all water right change requests for one year. Reclamation complied by asking the Idaho Department of Water Resources to delay processing the application. Reclamation filed change of use applications on May 15, 1995, upon the expiration of the Legislature's moratorium. Reclamation made clear in its application that the change was for 427,000 acre-feet of water. However, because Reclamation cannot know at this time at which storage facilities it will find sellers willing to sell water rights or renters willing to rent water on an annual basis, Reclamation, after consulting with the IDWR and seeking the input of Idaho water users, decided to apply to add salmon flow augmentation as one of the authorized uses for all of its facilities. Reclamation has reiterated on several occasions that the additional authorized use, if granted, is to be conditioned on an upper limit of 427,000 acre-feet, and that if Reclamation were to seek flow augmentation amounts above 427,000, it would need to file a new change of use application. In accordance with the administrative provisions of the IDWR, some 80 entities and individuals, representing a wide spectrum of interests, filed protests or requests for intervention to the May 15 change of use application. Subsequently, and in accordance with IDWR administrative provisions, Reclamation and the Solicitor's Office have had several conversations with water user attorneys and named representatives for the purpose of exploring a mutually acceptable mechanism for providing the water for flow augmentation short of the expensive and potentially divisive hearing process. On September 19, 1995, IDWR Director Dreher approved an interlocutory order approving the stipulation negotiated between Reclamation and the protestants. The negotiated stipulation had been approved verbally or in writing by each and every protestant and intervenor. In compliance with the provisions of the stipulation, Reclamation has had preliminary discussions with several water user representatives and a series of meetings involving the protestants are being planned jointly by the parties for later this year. Thank you for the opportunity to provide testimony about Reclamation's activities. I would be glad to respond to any questions you may have. |