Watershed governance proposed in Presidential report

Washington, D.C. - A new form of governance for watersheds and river basins, along with drastic changes in the principles of water management for the 21st Century, are the two main recommendations of a commission created by President Clinton in response to a bill passed by Congress (the Western Water Policy Review Act of 1992 - PL 102-575, Title XXX). The plan, entitled "Water in the West: The Challenge for the Next Century", covers 19 Western states. The public comment period ended Dec. 19, 1997.

"...all of the West's available water supplies must be sustainably managed...This will require a fundamentally new approach to governance." (3-1) The commission urges governance at the local level by appointed, unelected watershed councils, from which two representatives would report to a regional River Basin Commission. The regional appointed Commission would coordinate and instruct the local watershed councils as to what federal requirements are to be met. A regional River Basin Budget Coordination Office would be overseen by a "coordinator" appointed by the President.

"Both internationally and domestically, sustainable development serves as a bridge between the diverse elements of the water use community and provides the basis for common dialogue and problem solving..." (3-2) "...sustainable development requires movement to more...experimental forms of governance." (3-6) "Partnerships and collaborative decisionmaking must be encouraged and must involve all levels of Government, business, nongovernmental organizations, community groups and the public and large." (3-6)
Foundational to the Plan is the President's Council on Sustainable Development (PCSD) and the "sustainability" of the water resources.

"...we need new governance processes that better enable the Federal Government to both lead and support State and local sustainable development initiatives...sustainable development can only be achieved in the context of a new vision of river governance..." (3-7)
Despite the Commission's statement that this would be a "top-up" and "top-down" management of water, it would, if the plan is implemented, be a "top-down" management - that is, federal management, rather than local. The local governments would be required to implement what is dictated by the federal agencies. The process to be used, according to the plan, would be a consensus form of government, with the plan primarily implemented by public-private partnerships.

The Commission, according to statements from several Congressmen, far surpassed the authority intended, and attacks irrigated agriculture, dams, mining, logging and other areas of American life.

Says one Congressman, although the intention of the original bill was to make reports and recommendations in one narrow area dealing with federal programs and organization, the Commission took it upon itself to take the authority of delivering a much broader report.

The report was strongly opposed in its content by at least three Congressmen - Rep. Don Young, a member of the Commission himself, Senator Frank Murkowski, chair, Committee on Energy and Natural Resources, and Senator Jon Kyl, Chair Subcommittee on Water and Power.

Young, in a letter dated September 17, 1997, states that the report holds a "tone and obvious anti-commodity agenda", "generally ignores the well-developed body of water law that exists," and "does not affirm the authority of each State to allocate quantities of water within its jurisdiction."

Murkowski and Kyl, in a letter dated Sept. 19, 1997, stated that "the report contains numerous unsupported conclusions," an "antipathy to irrigated agriculture (as well as.. grazing, logging, mining, urban development and off-road vehicle use)", the "persistent attack on agriculture is especially troubling..." "the conclusions and recommendations contained in the draft report are also flawed.." "...we are also troubled by the one recommendation...and that is for a governance structure to recognize the efforts of local watershed groups. What started as a way to support local decisions and local actions has apparently turned into one more effort to impose federal control, thus undermining State jurisdiction and authority."

The draft plan may be reviewed at the web site for the Western Water Policy Review Advisory Commission: http://www.den.doi.gov/wwprac/
For a more comprehensive report, request "Water Plan Report" from NWRI, P. O. Box 3157, Sequim, WA 98382. A donation of $5.00 is requested to help cover cost of copies and postage.