Western Water Cooperative Committee Act
This bill directs the U.S. Army Corps of Engineers to establish a Western Water Cooperative Committee. The committee must make recommendations to avoid or minimize conflicts between corps projects and state water rights and laws.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4695 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4695
To establish a Western Water Cooperative Committee, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2022
Mr. Cramer (for himself and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To establish a Western Water Cooperative Committee, and for other
purposes.
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 ``Western Water Cooperative Committee
Act''.
SEC. 2. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.
(a) Findings.--Congress finds that--
(1) a bipartisan coalition of 19 Western Senators wrote to
the Office of Management and Budget on September 17, 2019, in
opposition to the proposed rulemaking entitled ``Use of U.S.
Army Corps of Engineers Reservoir Projects for Domestic,
Municipal & Industrial Water Supply'' (81 Fed. Reg. 91556
(December 16, 2016)), describing the rule as counter to
existing law and court precedent;
(2) on January 21, 2020, the proposed rulemaking described
in paragraph (1) was withdrawn; and
(3) the Corps of Engineers should consult with Western
States to ensure, to the maximum extent practicable, that
operation of flood control projects in prior appropriation
States is consistent with the principles of the first section
of the Act of December 22, 1944 (commonly known as the ``Flood
Control Act of 1944'') (58 Stat. 887, chapter 665; 33 U.S.C.
701-1) and section 301 of the Water Supply Act of 1958 (43
U.S.C. 390b).
(b) Establishment.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Army (referred to
in this section as the ``Secretary'') shall establish a Western
Water Cooperative Committee (referred to in this section as the
``Cooperative Committee'').
(2) Purpose.--The purpose of the Cooperative Committee is
to ensure that Corps of Engineers flood control projects in
Western States are operated consistent with congressional
directives by identifying opportunities to avoid or minimize
conflicts between operation of Corps of Engineers projects and
State water rights and water laws.
(3) Membership.--
(A) In general.--The Cooperative Committee shall be
composed of--
(i) the Assistant Secretary of the Army for
Civil Works (or a designee);
(ii) the Chief of Engineers (or a
designee);
(iii) 1 representative from each of the
States of Alaska, Arizona, California,
Colorado, Idaho, Kansas, Montana, Nebraska,
Nevada, New Mexico, North Dakota, Oklahoma,
Oregon, South Dakota, Texas, Utah, Washington,
and Wyoming, who may serve on the Western
States Water Council, to be appointed by the
Governor of each State;
(iv) 1 representative with legal experience
from each of the States of Alaska, Arizona,
California, Colorado, Idaho, Kansas, Montana,
Nebraska, Nevada, New Mexico, North Dakota,
Oklahoma, Oregon, South Dakota, Texas, Utah,
Washington, and Wyoming, to be appointed by the
Attorney General of each State; and
(v) 1 employee from each of the impacted
regional offices of the Bureau of Indian
Affairs.
(4) Meetings.--
(A) In general.--The Cooperative Committee shall
meet not less than once each year in a State
represented on the Cooperative Committee.
(B) Available to public.--Each meeting of the
Cooperative Committee shall be open and accessible to
the public.
(C) Notification.--The Cooperative Committee shall
publish in the Federal Register adequate advance notice
of a meeting of the Cooperative Committee.
(5) Duties.--The Cooperative Committee shall develop and
make recommendations to avoid or minimize conflicts between the
operation of Corps of Engineers projects and State water rights
and water laws, which may include recommendations for
legislation or the promulgation of policy or regulations.
(6) Status updates.--
(A) In general.--On an annual basis, the Secretary
shall provide to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a written report that includes--
(i) a summary of the contents of meetings
of the Cooperative Committee; and
(ii) a description of any recommendations
made by the Cooperative Committee under
paragraph (5), including actions taken by the
Secretary in response to such recommendations.
(B) Comment.--
(i) In general.--Not later than 45 days
following the conclusion of a meeting of the
Cooperative Committee, the Secretary shall
provide to members of the Cooperative Committee
an opportunity to comment on the contents of
the meeting and any recommendations.
(ii) Inclusion.--Comments provided under
clause (i) shall be included in the report
provided under subparagraph (A).
(7) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the members of the Cooperative Committee shall
serve without compensation.
(B) Travel expenses.--The members of the
Cooperative Committee shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I
of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in
the performance of services for the Cooperative
Committee.
(8) Maintenance of records.--The Cooperative Committee
shall maintain records pertaining to operating costs and
records of the Cooperative Committee for a period of not less
than 3 years.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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