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Water Legislation — recycling, research, efficiency

Following is a roundup of actions in the 111th Congress affecting the US water industry. Topics covered below: water efficiency tax break — water-energy research — water-climate research — California recycling projects — appropriations for Corps-BR-USGS — Central Utah Project — Arizona water rights — Arkansas River pollution — Chesapeake Bay — CWA jurisdiction — more water efficiency bills

PASSED

• Agriculture appropriations (HR2997)
  [see separate story]
       Includes Rural Development, including Rural Utilities funding, as well as the Environmental Quality Incentives Program and other projects.
  Status: Passed House and Senate. Conference report ratified Oct. 7–8. Before the president for signature. 

FAILED

• Bay Area Regional Water Recycling Program Expansion Act of 2009 (HR2442)
  The measure authorized $32 million in federal aid for the design and construction of six water-recycling projects in California as part of the San Francisco Bay Area Regional Water Recycling Program and an increase in the federal share of the costs for two existing projects. A new Congressional Budget Office report estimated that implementing HR2442 would cost $38 million over the 2010-2014 period.
  Status: Failed to achieve two-thirds majority needed under suspension of rules in the House (240-170), after a number of California Republicans said they wanted Southern California water issues addressed as well.

PROGRESSING

• Energy and Water appropriations  (HR3183)
       Includes funding for the Army Corps of Engineers, Bureau of Reclamation and the US Geological Survey.
  Status: The conference report for the Energy and Water bill was adopted by the House Oct. 1, but has not yet been brought to a vote by the Senate.

• Energy and Water Research Integration Act (HR3598)
  A bill to ensure consideration of water intensity in the Department of Energy's energy research, development and demonstration programs to help guarantee efficient, reliable and sustainable delivery of energy and water resources.
      Programs developed would minimize freshwater withdrawal and consumption, increase water use efficiency and utilize nontraditional water sources with efforts to improve the quality of that water; consider the effects climate change may have on water supplies and quality for energy generation and fuel production; and reduce water resource impacts of fossil fuel resource development.
  Status: Discussed, marked up and approved by subcommittee and returned to House Science and Technology Committee. Introduced Sept. 17.
  Sponsor: Rep. Bart Gordon, D-Tenn., committee chairman
    
• HR 2950 — Uintah water prepayments
  At the time of its construction in the mid-1980s, the Jensen Unit of the Central Utah Project was to provide 18,000 acre-feet (22.2 million m³) of municipal and industrial water to the residents of Uintah County, Utah. Although only part of the project has been completed, the Uintah Water Conservancy District wants to prepay for the cost of municipal and industrial water delivery facilities that were financed by the federal government. This legislation would allow that.
  Status:  Passed the House Sept. 29 by voice vote under suspension of rules. Received in the Senate and referred to the Committee on Energy and Natural Resources.
  Sponsor: Rep. Jim Matheson, D-Utah
    
• White Mountain Apache Tribe Water Rights Quantification Act of 2009 (HR1065)
  To resolve water rights claims of the White Mountain Apache Tribe in the State of Arizona.
  Status: Marked up Sept. 30 and reported to the House for a vote.
  Sponsor: Rep. Ann Kirkpatrick, D-Ariz.
     
• Leadville Mine Drainage (HR 3123)
  A bill to address problems with a drainage tunnel near Leadville, Colo. The measure would require the US Environmental Protection Agency to treat and remove approximately 1 billion gallons (3,785,412 m³) of contaminated water pooled behind rubble in the Leadville Mine drainage tunnel in the Arkansas River watershed.
  Status: Passed the House by voice vote Sept. 29 under rule suspension.
  Sponsor: Rep. Doug Lamborn, R-Colo.
     
• Chesapeake Bay Accountability and Recovery Act of 2009 (HR1053)
  Requires the Office of Management and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed and to require USEPA to develop and implement an adaptive management plan.
  Status:  Passed House Sept. 30 (418-1). Received in the Senate Oct. 1 and referred to the Senate Environment and Public Works Committee.
  Sponsor: Rep. Robert J. Wittman, R-Va. Co-sponsors: 6 Democrats, 5 Republicans

HEARINGS

• Chemical Security legislation (HR2868, HR3258 PDFs)
  Oct. 1 by the Committee on Energy and Commerce
  [see separate story]
   
• "The Clean Water Act after 37 Years: Recommitting to the Protection of the Nation's Waters" (S787)
  Oct. 15 by the Committee on Transportation and Infrastructure
   A bill to clarify the jurisdiction over waters of the United States, following two Supreme Court decisions, was favorably reported out of the Senate Environment and Public Works Committee in mid-June.

INTRODUCED

• Drinking Water Adaptation, Technology, Education, and Research (WATER) Act (HR 3727)
  A bill to enhance the ability of drinking water utilities in the United States to develop and implement climate change adaptation programs and policies.
  Status: Introduced Oct. 6 and referred to House Science and Technology Committee. Sent to Subcommittee on Energy and Environment Oct. 8.
  Sponsor: Rep. Diana DeGette, D-Colo. Co-sponsors: 7 Democrats

• Water Efficiency and Conservation Investment Act of 2009 (S 1711)
  A bill to amend the Internal Revenue Code of 1986 to provide tax incentives for making homes more water-efficient, for building new water-efficient homes and for public water conservation.
  Status: Introduced Sept. 24 and referred to: Senate Finance Committee.
  Sponsor: Sen. Harry Reid, D-Nev. Co-sponsors: 1 Republican

• Water Efficiency, Conservation and Adaptation Act of 2009 (S1712)
  A bill to promote water efficiency, conservation and adaptation, and for other purposes.
  Status: Introduced Sept. 24 Read twice and referred to Senate Environment and Public Works.
  Sponsor: Sen. Harry Reid, D-Nev. Co-sponsors: 2 Democrats
    
• Water Efficiency via Carbon Harvesting and Restoration Act of 2009 (S1713)
  A bill to establish loan guarantee programs to develop biochar technology using excess plant biomass and to establish biochar demonstration projects on public land.
  Status: Introduced Sept. 24 and referred to Senate Energy and Natural Resources Committee.
  Sponsor: Sen. Harry Reid, D-Nev. Co-sponsors: 3 Democrats, 1 Republican

Posted: 10/13/2009