BOARD00220

• Board Meeting Date: 9/22/2003
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Service conditions to protect minimum streamflows require that diversions stop when river water levels
drop below what they were 100 years ago, before irrigation started.

.While acknowledging that the ESA does not grant powers to federal agencies they do not otherwise have,
he Ninth Circuit cited the National Forest Management Act, Organic Administration Act, Federal Land
Policy and Management Act (FLPMA), and the Multiple Use Sustained-Yield Act to establish that USFS
has "authority to maintain certain levels of flow in the rivers and streams within the boundaries of the
Okanogan National Forest to protect endangered fish." The court further declared, "The permits
themselves, from their inception provided the government with unqualified discretion to restrict or
terminate the rights of way."

GAO Water Supply Report: On July 9 the General Accounting Office (GAO) released a report entitled,
"Freshwater Supply: States' Views of How Federal Agencies Could Help Them Meet the Challenges of
Expected Shortages."

GAO was asked to determine current conditions and future trends for water availability and use, the
likelihood of shortages and the potential consequences, and states' views on how federal activities could
support state water management efforts to meet future demands." GAO conducted a web-based survey of
water managers in 50 states, and received responses from 47 (not California, Michigan and New Mexico).

GAO found that national water availability and use has not been comprehensively assessed in 25 years,
but current trends indicate that demands on the nation's water supplies are growing. Surface water storage
opportunities are limited and ground water reserves are being depleted. Demands for instreamflows for
fisheries and other environmental purposes are also putting pressure on freshwater supplies. Climate
change is also creating uncertainty.

GAO reports, "State water managers expect freshwater shortages in the near future, and the consequences
may be severe. Even under normal conditions, ...36 states anticipate shortages in localities, regions, or
.tatewide in the next 10 years. Drought conditions will exacerbate shortage impacts.... [E]conomic
impacts to sectors such as agriculture can be in the billions of dollars. Water shortages also harm the
environment....

State water managers ranked federal actions that could best help states meet their water resource needs.
They preferred: (I) financial assistance to increase storage and distribution capacity; (2) water data from
more locations; (3) more flexibility in complying with or administering federal environmental laws; (4)
better coordinated federal participation in water-management agreements; and (5) more consultation with
states on federal or tribal use of water rights."

While not making recommendations, the GAO report urges federal officials to review the results and
consider opportunities to better support state water management efforts. GAO staff will review their
findings at the WSWC meeting in Monterey, California on November 6, during the Water Resources
Committee meeting.

Drought Legislation: On July 24 Senators Pete Domenici (R-NM) and Max Baucus (D-MT) unveiled the
National Drought Preparedness Act. The bill is designed to improve delivery of federal drought programs
and to provide new tools for drought preparedness planning and well as to improve forecasting and
monitoring.

The Western Governors' Association has sent a letter to Congress endorsing the bill.

The legislation establishes a "National Drought Council" under the direction of the Secretary of
Agriculture. The Council is to build on existing programs, provide a coordinating and integrating function
for federal drought programs, make recommendations to improve existing drought programs and to .
.evelop a national drought policy action plan consistent with state laws and other applicable federal laws.

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