The Rundown
- White House nominates Ted Cooke to led the federal government’s western water agency.
- Colorado River runoff forecast continues to worsen.
- Army Corps cancels the environmental review of a Utah mine tailings expansion.
- Army Corps also intends to update its nationwide general permits for projects that affect wetlands.
- Bills on Colorado River water conservation payments and lead service line replacements are in Congress.
And lastly, the EPA’s internal watchdog criticizes the agency’s slow process for awarding federal water infrastructure funds to tribes.
“If the EPA does not properly oversee the tribal set-aside programs, [Infrastructure Investment and Jobs Act] funds may not reach tribes in a timely manner, and the Agency cannot ensure that the most critical water projects are funded.” – Excerpt from an EPA Office of the Inspector General report on the agency’s slow process of awarding federal water infrastructure funds to tribes.
By the Numbers
44 Percent of Average: Runoff forecast for the Colorado River into Lake Powell for April through July, according to federal river forecasters. The outlook worsened each month this spring as warm, dry weather stole moisture from streams. Snowpack was nearly average in late March. But less of that moisture entered rivers and reservoirs. This runoff year is expected to be in the bottom 10 percent of those in the historical record.
News Briefs
Reclamation Commissioner Nominee
Six months into the second Trump administration and amid contentious Colorado River negotiations, the White House has nominated a leader for the Bureau of Reclamation, the federal agency that manages dams, reservoirs, and canals in the western states.
The pick for the important water management role is Ted Cooke, the former general manager of the Central Arizona Project, which moves Colorado River water into the center of the state. Cooke retired from the post in January 2023.
Once confirmed, Cooke will have a full plate. Reclamation is in the midst of analyzing new operating rules and water cuts for the basin’s big reservoirs, a process that has failed to produce agreement between states in the upper and lower basins.
Arizona, Cooke’s home, is among the three lower basins states, along with California and Nevada.
Current rules expire at the end of 2026.
Water Bills in Congress
- The Senate passed a bill to reauthorize a pilot program in the Upper Colorado River basin to pay water users not to use water.
- The House and Senate introduced bipartisan bills to facilitate the replacement of lead service lines. The Flow Act would clarify that lead line replacements are not a “private business use” and that municipalities can use bonds to cover the work without proving that a business does not operate from the home.
Studies and Reports
Water Infrastructure Funds Slow to Reach Tribes
The EPA has been slow to award federal water infrastructure funds to tribes, according to a Office of the Inspector General audit.
The audit found that 93 percent, or $140.6 million, of the funds allocated in fiscal year 2022 and 2023 to tribes for emerging contaminants and lead service line replacement had not been awarded as of the end of 2023.
Why the delay? The report says the federal infrastructure bill added steps to the allocation process while the regional offices were waiting on guidance from the national office.
“These factors hindered the regional offices’ ability to award funds to tribes, and regional offices continue to face challenges in meeting timelines to award funds for tribal projects, which could further extend health disparities for tribal communities facing water infrastructure challenges.”
The funds are from the Infrastructure Investment and Jobs Act, signed into law in 2021.
Money for Environmental Data
The Council on Environmental Quality, the White House arm that oversees environmental reviews, was given $62.5 million as part of the 2022 Inflation Reduction Act to improve climate data collection and permitting reviews.
As of the end of 2024, CEQ has entered into agreements for only $16 million, or 26 percent, of the funds, according to a Government Accountability Office audit.
That is before the Trump administration threw into doubt the availability of Inflation Reduction Act funds and CEQ withdrew its environmental review regulations, saying it might not have the legal authority to issue them.
On the Radar
House Hearings
On June 26, a House Energy and Commerce subcommittee will hold a hearing on reusing coal ash, a waste product from burning coal to generate electricity.
Also on June 26, a House Natural Resources subcommittee will discuss forest management and wildfire prevention.
Utah Tailings Expansion EIS Terminated
Due to changes in the definition of federally protected wetlands and streams, the Army Corps of Engineers is ending an environmental review of a proposed expansion of a tailings dam at a copper mine in Salt Lake County, Utah.
The Corps says that the 45 acres of wetlands that would be affected are no longer subject to federal oversight.
Bingham Canyon mine is owned by Rio Tinto, a global mining giant.
The regulatory changes follow the U.S. Supreme Court’s 2023 ruling in Sackett v. Environmental Protection Agency.
Army Corps Nationwide Permits
The Army Corps is proposing to update the permits it uses for projects that are supposed to have minimal environmental impact.
There are 57 categories of nationwide permit – from hydropower and mining to boat ramps and commercial shellfish harvesting – and the Army Corps is proposing to add a new one: for fish passage.
The current permit rules expire March 14, 2026.
Federal Water Tap is a weekly digest spotting trends in U.S. government water policy. To get more water news, follow Circle of Blue on Twitter and sign up for our newsletter.