From the Western Governors Association:
Western Governors have expressed concern to Agriculture Secretary Tom Vilsack about the United States Forest Service’s (USFS) recent Proposed Directive on Groundwater Resource Management.
Western states are the exclusive authority for allocating, administering, protecting and developing groundwater resources, and they are responsible for water supply planning within their boundaries. That authority was recognized by Congress in the Desert Land Act of 1877 and reasserted in a 1935 Supreme Court ruling.
Despite that background, the Proposed Directive only identifies states as “potentially affected parties” and asserts that the proposed actions would “not have substantial direct effects on the states.”
An initial review of the Proposed Directive, however, leads Western Governors to believe that this measure could have significant implications for states and their groundwater resources. (Read our letter)
As a result, the Governors are requesting that USFS seek “authentic partnership” with the states to help achieve policies that reflect both the legal division of power and the on-the-ground realities of the region. In addition, the letter from the Western Governors’ Association — signed by WGA Chairman and Colorado Gov. John Hickenlooper and Vice Chairman and Nevada Gov. Brian Sandoval — also asks a number of questions, including:
Given the legislative and legal context, what is the legal basis for the U.S. Department of Agriculture (USDA) and USFS assertion of federal authority in the context of the Proposed Directive? How will USFS ensure that the Proposed Directive will not infringe upon, abrogate, or in any way interfere with states’ exclusive authority to allocate and administer rights to the use of groundwater? How will definitions be established, particularly regarding the definition of “groundwater-dependent ecosystems?” Will states be able to weigh in with information regarding the unique hydrology within certain areas? To read all of the Western Governors’ questions, download our letter.
More groundwater coverage here.