USACE Proposed “Water Supply Rule”

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Presentation transcript:

USACE Proposed “Water Supply Rule” Use of USACE Reservoir Projects for Domestic, Municipal and Industrial Water Supply

Why NWC can & should comment. National Waterways Conference September 27, 2017 J. Tom Ray jtray@lan-inc.com 254.855.0880

Points Background Overview of the Comments to Date – Who is supporting? Is the Rule needed? Recommendations for NWC Consideration “…avoiding consequences & supporting the USACE resolution of the actual problems…”

Location of Corps M&I WS Projects Prior-Appropriation States Location of Corps M&I WS Projects 2014 IWR Database Report

Location of Corps M&I WS Projects Prior-Appropriation States Location of Corps M&I WS Projects 2014 IWR Database Report

DISTRIBUTION OF M&I BY USACE DIVISIONS 13% 21% 46% DISTRIBUTION OF M&I BY USACE DIVISIONS

M&I Use of Storage Space 4.43% as of 2014 Database Review 71.3 % as of 2014 Database Review

Texas M&I Water Supply – Efforts to “Protect” Point 1 – Intra-state river basins Point 2 - Interstate Compacts Point 3 – “Water Master Areas Canadian River Compact Pecos River Compact Red River Compact Rio Grande Compact Sabine River Compact

Why Water Supply Managers are Concerned? Nationwide State Primacy Water Availability vs. Storage Storage Accounting & Allocation Federalism issues Stakeholder/district & division-level input Vague/ambiguous Why Water Supply Managers are Concerned?

Why are Others Concerned?

Review of Comments – USACE Website (to date)

Review of Comments – USACE Website (to date)

Why Others are Concerned? State Primacy Ambiguity/clarity Water availability vs. storage Accounting Federalism issues National application Stakeholder input Why Others are Concerned?

Conclusion? Proposed Rule Lacks Support & Has Generated Concerns No ‘National’ Issue To Address ‘Stakeholder’ Input Substantial Changes Warrant Withdraw & Re- proposing Conclusion?

For NWC Consideration: Comment Letter to USACE Withdraw proposed rule or restrict Encourage COE to identify insufficient / inconsistent regulations Ensure current guidance is applied (post-1986) WS Manual Planning Guidance Hd Areas that need to be address Surplus water pricing Specific studies as needed Initiate ‘stakeholder’ input For NWC Consideration: