Water managers from throughout the Colorado River Basin took the stage at the Colorado River Water Users Association conference earlier this month to talk about conserving water in the face of the twin threats to the river: increasing demand and climate change.
The state of Colorado is currently exploring a water-use-reduction program that is largely designed to pay farmers and ranchers on the Western Slope to voluntarily conserve water. While there’s still debate whether such a program should be implemented, the first question many ask is how to pay for such a program. In recent months, some water managers have come up with innovative ways to fund the controversial water-use-reduction plan — known as demand management — that wouldn’t rely entirely on taxpayers.
The drought contingency plan, which water leaders inked at last year’s annual CRWUA meeting, set up a reserve account of 500,000 acre-feet of water that the Upper Basin — Colorado, Wyoming, Utah and New Mexico — could use to store water in Lake Powell as an insurance policy against dwindling reservoir levels.
In November, Colorado voters passed Proposition DD, which is projected to funnel roughly $16 million a year to the Colorado Water Conservation Board, or CWCB, by taxing sports betting. Demand management is one of the two things money from Proposition DD could fund (the other is Water Plan grants).
However, it’s widely accepted that $16 million is not enough to fund either of those things in their entirety. Demand management needs other sources of money.
Although the Glenwood Springs-based Colorado River Water Conservation District still isn’t convinced that a demand-management program is the right approach for the Western Slope, general manager Andy Mueller told the Las Vegas crowd that the Upper Basin has to reduce its water consumption — and explore creative solutions to accomplish that.
“I often talk about the Lower Basin overuse and how that’s driving the problem, and I will say they in the Lower Basin need to fix that problem,” Mueller said. “I will also say we in the Upper Basin … need to reduce our use. The science is pretty clear. Water we all thought was there even 15 years ago is not going be there. You can’t have water for the environment and the people if we are not reducing consumptive use throughout the basin.”
Who should pay?
So, if nearly all water users on the Colorado River, including those in the Lower Basin — California, Nevada and Arizona — would stand to benefit from a demand-management program, who should pay for it?
Not Colorado taxpayers, Mueller said, at least not entirely.
“Eighty million (dollars) a year would need to be out there in payments to get the appropriate amount of water in Lake Powell,” he said. “That cost to taxpayers is too high. So you turn to: Who else benefits from us creating a storage account in Lake Powell?”
One answer: power providers in both the Upper and Lower Basin states, who all need Lake Powell to remain above 3,525 feet, the minimum level required to continue generating hydropower. Some Upper Basin power cooperatives such as Western Area Power Administration, which sell power to local communities, including Aspen and Glenwood Springs, purchase hydropower generated at Lake Powell. Adding a small demand-management surcharge to customers’ bills is something that should be explored, Mueller said.
“Power customers should share in the costs of us storing for demand management,” Mueller said.
Another potential source of funds could be nonprofit environmental groups, since sending more water downstream to Lake Powell would also benefit stream health. The federal government, whose Bureau of Reclamation operates Lake Powell and Lake Mead, also has a role to play, Mueller said.
But no matter where the money comes from, Mueller said it must be channeled through the CWCB in a heavily regulated market to prevent speculation by private buyers.
“We have been very clear it needs to be a guided market if it’s going to happen, with lots of thoughtful, proactive rules to prevent lots of serious consequences,” he said.
The CWCB currently has a workgroup devoted to exploring how to fund demand management. The group has met twice so far, but CWCB facilitator Anna Mauss said the two biggest questions the group is grappling with are these: how much water is needed and what would the cost be. The workgroup, she said, will dive deeper into funding strategies at the next meeting, scheduled for the end of January.
“We are baby-stepping into this, trying to be diligent,” Mauss said. “It’s really just looking at scenarios at this point.”
The state is also encouraging innovative ideas from the private sector. The CWCB recently awarded $72,000 to 10.10.10, a Colorado Nonprofit Development Center project that aims to tackle “wicked problems” in water and climate. Under the program, 10 entrepreneurs will, over 10 days, attempt to tackle 10 systemic issues that are not adequately addressed by government, organizations or institutions.
“Yes, we are looking at demand management, and it could be one of the wicked problems we address,” said Jeffrey Nathanson, president of 10.10.10.
Platform for payment?
While some people work on finding sources of funding, others are already creating a platform to pay irrigators once the money is in place. Southwest Colorado water managers Steven Ruddell and David Stiller think a reverse auction to compensate water users for using less is the best way to go.
A reverse auction, which features many sellers (farmers and ranchers) and one buyer (the state of Colorado through the CWCB), would allow water-rights holders to set the lowest price they are willing to accept to voluntarily send their water downstream. According to Ruddell and Stiller’s paper on the subject, a reverse auction would remove paying for demand management from a political process and move it into a market-based process that lets water-rights holders bid the fair-market value of their water. It would also keep costs down for the CWCB.
Ruddell and Stiller presented their reverse-auction idea at the Upper Colorado River Basin Forum at Colorado Mesa University last month.
“We’ve tried to bite off a small piece of demand management by suggesting we use an auction that people are familiar with,” Ruddell said. “It’s used to determine the value of something, especially in the ag world.”
There are still many questions surrounding how a demand-management program might be paid for.
“There are all sorts of options,” Mueller said. “We shouldn’t just focus on raising taxes in our state.”
Aspen Journalism collaborates with The Aspen Times and other Swift Communications newspapers on coverage of water and rivers. This story appeared in the Dec. 30 edition of The Aspen Times.
Click here to view the Twitter hashtag #CRWUA2019 from the conference.
Opinion: Think we’re too polarized to do anything meaningful? Tom Buschatzke and Ted Cooke prove that even those who disagree can work together.
The Lower Basin Drought Contingency Plan is nothing short of historic.
Not necessarily because it’s a good deal. The multi-state agreement, which was signed in May, is costly and doesn’t solve any of the problems that threaten the Colorado River, which supplies about 40% of Arizona’s water supply.
DCP is monumental because it proves that people with wildly different viewpoints can learn to work together and accomplish things that matter. Even now, despite how divided our country has become.
California, Nevada and Arizona agreed to leave water in Lake Mead to keep it from reaching catastrophically low levels. Arizona also created its own plan to lessen the impact of those cuts on Pinal County farmers, who would have been heavily impacted by the deal.
That was a massive lift. Ironically, though, it probably never would have come together if two guys hadn’t decided to bury the hatchet – and in doing so, led a group of vastly different water interests to a deal they could all support.
It’s why Tom Buschatzke, director of the Arizona Department of Water Resources, and Ted Cooke, general manager of Central Arizona Project, are The Arizona Republic’s 2019 Arizonans of the Year.
Their agencies had locked horns over the deal’s basic details, including how to manage water levels at Lake Mead. Dueling op-eds were published in The Republic, with Buschatzke vowing not to sign CAP’s proposed plan.
Then, in May 2018, after water bills stalled in the state Legislature, Buschatzke and Cooke decided to become Switzerland – and agreed to co-chair a steering committee that produced an insane amount of water policy in a matter of months.
“It wasn’t like Switzerland,” Cooke said in a joint interview with Buschatzke. “It was as if the two most visible combatants agreed to put down their swords and take another approach.”
Their first few appearances were awkward. Words were chosen carefully. There was a palpable tension lying just below the surface, and the long hours and tense negotiations took a toll on the pair, who by February looked pale and gaunt, like they had been through the war.
But that tension helped bring the deal together.
Their example spread behind the scenes
There were a lot of strange bedfellows working on this deal, groups that had vastly different ideas about who should get the water and how it should be used. Yet they kept trading ideas, even when many felt the effort was DOA.
Some later said they were compelled to keep at it when talks broke down (and they broke down a lot) because of the example Buschatzke and Cooke were setting.
It was a poorly kept secret that their partnership had its share of “lively discussions behind closed doors,” as Buschatzke characterized it. But Buschatzke and Cooke said they were going to work together for DCP’s sake – and everyone involved knew they meant it.
There were many other players who orchestrated major compromises behind the scenes, including Paul Orme, an attorney representing Pinal County irrigation districts, and HighGround, a public-affairs consulting firm that for two years facilitated meetings between cities and farmers.
Without their efforts, this deal would not have come together.
Equally instrumental were those who put money and water on the negotiation table, including the governor, non-profit environmental groups like the Environmental Defense Fund and the Gila River Indian Community. In fact, Arizona’s plan is one of the first major Western water agreements where tribes were actively involved and treated as key players in the deal.
No one was willing to let the effort die
That’s what makes DCP so remarkable.
It’s easy to dig in on water rights, and historically, disputes over limited supplies have devolved into a zero-sum game.
Yet farmers, cities and tribes made sacrifices and compromises that might not necessarily be in their best interests because they knew that being left out of the regional deal would put everyone’s water at risk.
When talks started to get off track, Gov. Doug Ducey wrote an op-ed that spelled out the principles that should be guiding the effort.
Few people liked the plan CAP passed to spare farmers from such drastic, immediate cuts. But it served as a catalyst for the plan that ultimately succeded.
Lawmakers were heavily involved – which was critical, considering they ultimately had to pass the plan – and in addition to the countless meetings that occurred behind closed doors, stakeholders met frequently in public to hold each other accountable.
These lessons have been noted repeatedly in committees that are tackling the state’s next big water crisis, a depleting groundwater supply.
Even now, collaboration continues
Even better, the working relationships that were created during DCP have continued far beyond the state’s many study groups.
The math driving DCP works only if Pinal farmers drill wells to use once their Colorado River water goes away. That means farmers will soon be pumping a lot more from an aquifer that ADWR contends does not have enough water to support everyone for the next 100 years.
Though the Legislature earmarked some cash to refurbish and relocate the wells farmers need, the project also relies on federal funding to be completed quickly.
Irrigation districts knew they would need partners to compete for that cash and began working with universities, municipal water providers, conservation districts, environmental groups and others, who have all ponied up cash to match the grant. They also have expanded the project, earmarking additional funds for farmers to experiment with low water-use crops and irrigation techniques.
According to the grant application, the goal is to involve at least 6,000 acres in these low water-use projects. The newly drilled wells also will help entities like CAP recover water they had previously stored underground for times of shortage.
This is about more than water policy
That’s a better solution than what we arrived at during DCP negotiations – one that aims to reduce the impact of groundwater pumping and spread use of the wells to more than just farmers.
And it’s yet another model that Arizona can point to as it works through water problems (or any problems, for that matter).
DCP is historic – and the example set by Buschatzke and Cooke is worth lauding – not because everyone is suddenly on the same page about our water future. Deep disagreements remain.
DCP matters because it proves that people with vastly different interests can get in a room and talk it out, maybe even shout it out in private. But they keep talking to each other. Keep looking for solutions they can live with, even if the ideas aren’t perfect.
Because they know that’s how you accomplish meaningful things.
This is an opinion of The Arizona Republic’s editorial board.
Colorado River Water Conservation District (CRWCD) board member Bill Trampe spoke to the county commissioners this past fall on behalf of the neighboring river district. Kathleen Curry, the chairman of the Gunnison Basin Roundtable, also spoke with commissioners during that meeting.
Trampe reported that the transfer of ownership of Wolford Mountain reservoir near Kremmling in Grand County occurs on January 1, 2020. “So at that point in time Denver Water gets 40 percent of the ownership,” he said.
Trampe said demand management and drought contingency planning is always front and center for the board, and said the board is frustrated with the state process moving forward and its slowness putting the nine working groups involved in the state water planning process (Colorado’s Water Plan) to work…
Trampe described issues relating to water resource demand management, with “interests” on the Western Slope trying to make deals with Front Range entities.
Trampe said the district felt that individual groups making those deals could lead to a lot more “working the market and eventual condemnation rather than purchase—meaning condemnation by force rather than a deal between parties. If condemnation starts, I think that’s going to ruin everything.”
The solution, he said, is to work together with Western Slope entities and keep a strong base in the river district to negotiate more collectively. “If there’s one pot of money under state control to pay for demand management, then that’s the way it ought to be. There shouldn’t be individual groups out there doing their own thing.”
County commissioner John Messner asked if there’s been discussion among river districts about a de-Gallagherizing measure to open up current tax funding constraints. De-Gallagherizing refers to ballot measures that freeze the residential property tax rate as a way to stabilize budgets of rural governments.
Messner asked if the CRWCD has an opinion on whether a measure will address special districts such as this one.
“We considered a ballot issue for this fall, but didn’t think we were ready,” replied Trampe. He said the reason to wait was to start more outreach to the public in terms of what the districts are and what they do beforehand. He said the districts are hoping to do this in 2020.
“Whether it’s de-Gallagherization, or TABOR issues, we’re still trying to decide. But yes, we’re going to do something. We’ve got to do something,” he said.
Looking to support a water survey on the Crystal River basin
Commissioner Jonathan Houck reported that during a fall Gunnison Basin Roundtable meeting, members discussed the Upper Crystal River watershed at length.
That watershed has an application in with the state to conduct a water study, because the 2018 drought demonstrated that several subdivisions in that basin, some of which are in Gunnison County, had no water plan or storage without the Crystal River’s regular flow.
The Water Supply Reserve Fund (WSRF) is managing that application, and the Gunnison Roundtable considered and ultimately decided on drafting a letter of support…
Curry noted that a project in a different river basin asking an adjacent roundtable to write a letter is “a little out of the ordinary. So that threw our roundtable a little bit, wondering if that was even the right role. But I put it on our agenda since, if it involved looking at storage feasibility near Marble, in Gunnison County, I thought [commissioners] might be interested in that,” said Curry.
Houck responded that the county should send a message as well. “We want to see good, thoughtful water planning per all residents within the county. Due to the size and geography of our county we actually span two watersheds. And it’s important for us to advocate for that but understand that the funding needs to come from the appropriate basin,” he said…
Last, Curry said that the roundtable is preparing to submit a Basin Implementation Plan (BIP) in contribution to Colorado’s Water Plan, and that will include an updated project list. “This is our opportunity to change our project list,” she suggested, with additions or deletions as appropriate. The roundtable formed a subcommittee to begin the process, and its first meeting was this fall.
Standing atop Hoover Dam, peering over the chain-link fence down its 726-foot concave face of concrete, you simply feel impressed. The dam tamed the Colorado River’s floods and created a reservoir, Lake Mead, able to hold 26.1 million acre-feet of water, not quite two years of annual flows, when full at an elevation of almost 1,220 feet.
But Lake Mead has been nowhere close to full for most of the 21st century. The widening “bathtub ring” of white in the once-black, volcanic rocks of Boulder Canyon documents the reservoir’s 190-foot fall. Despite a rambunctious runoff from the previous winter’s snowpack in the Rocky Mountains, the reservoir was 61 percent empty by mid-August 2019. The U.S. Bureau of Reclamation that same month projected the reservoir would be below 1,090 feet on January 1, 2020. That finding triggered the first-ever delivery cuts to Arizona, Nevada and Mexico under the Lower Basin Drought Contingency Plan, or DCP, signed by the basin states in 2019.
It’s a new era in the lower Colorado River Basin. The 20th century was one of engineering triumphs, ever more straws inserted into the river in defiance of geography and the innate aridity of the lower basin, the region below Lee Ferry, Arizona. This includes portions of Arizona, Nevada and California along with the Mexican states of Sonora and Baja California but also tribal lands, sovereign yet part of the United States. Water stored in Mead and other vessels gives Las Vegas Boulevard its fountains and faux falls, grocery stores across the country a reliable delivery of broccoli, lettuce and spinach in mid-winter, and Phoenix, San Diego and other metropolitan areas their prosperity.
Now comes a period of cutting back, pinching water deliveries for a time or perhaps forever. The first rude shock of this new challenge arrived during the first four years of the 21st century, the river delivering only 63 percent of what was then defined as normal at Lee Ferry. During the same period, in 2003, then-Interior Secretary Gale Norton ordered annual Colorado River deliveries to California cut to 4.4 million acre-feet, the state’s legal apportionment under the Boulder Canyon Project Act of 1928. The state had been taking 5.3 million acre-feet. It did so because it could. Nobody was being shorted, save for the river’s delta at the Gulf of California, which has not reliably seen water since the 1960s.
The Bureau of Reclamation then began working with the seven U.S. basin states to develop a plan if water-short years continued. The result in 2007 was the Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lakes Powell and Mead. By identifying cuts in water deliveries to the lower basin keyed to reservoir elevations, the guidelines aimed to keep Mead from falling to worrisome levels. At 1,075 feet, the crisis would become real and deliveries to Arizona and Nevada would be cut. Those cuts deepen at 1,050 feet, when Mead is at 29 percent of capacity and hydroelectric production at Hoover Dam ends. More cuts come at 1,025. At elevation 895, Mead can no longer release water downstream. It’s called dead pool.
Water levels in Mead have flirted with but never crossed 1,075, the trigger for a shortage declaration under the interim guidelines. In 2013, after two years of exceptionally low flows, the Bureau of Reclamation and the seven states agreed an additional cushion was needed. That’s what the Lower Basin DCP provides, with cuts to lower basin states beginning sooner, at 1,090 feet, and greater cuts at lower elevations.
The Lower Basin DCP can be seen as part of the broader Colorado River DCP and a 2017 agreement called Minute 323 that was tacked onto the 1944 U.S.-Mexico water treaty, committing Mexico to deeper shortage sharing.
Two giant issues still loom, unresolved by the DCP. First, it does not address what experts call the “structural deficit.” Lower basin states have been using 1.2 million acre-feet annually more than the river delivers on average. Evaporation and system losses are not assessed against the lower basin.
Second, the river will likely deliver even less water in the future. Rising temperatures have been robbing the river of water, part of a climatic shift with no end in sight.
Belt-tightening identified in the DCP, though temporary, should suffice until a broader reassessment of Colorado River operations is completed. The DCP and interim guidelines expire in 2026, by which time a new river management plan will likely be in effect.
Of the lower basin states, Arizona has the most at stake in keeping Mead above crisis level. The Colorado River Compact apportions the state 2.8 million acre-feet annually, dwarfing Nevada’s allocation of 300,000 acre-feet. The Colorado River provides nearly 40 percent of Arizona’s water.
The Central Arizona Project, or CAP, delivers 1.6 million acre-feet, more than half of the state’s Colorado River supply. In 1968, when authorizing CAP funding, Congress conceded California’s demand that CAP water be junior in priority to California. That means CAP users take shortages first if Mead levels decline.
Before signing the DCP, Arizona had to develop an intra-state plan. It was a pained but ultimately self-affirming experience. Arizona began its discussion in 2015 but got little done amid internal squabbling. Then a good snow year in the Rockies caused Mead to rise. One CAP director even wondered publicly whether planning for future shortages was necessary. That myopia was dispelled by the winter of 2017-2018. It was the fifth-driest year on record, with flows from the upper basin, source of 92 percent of the river’s water, just 41 percent of average. As Arizona dithered, Reclamation Commissioner Brenda Burman warned that if Arizona and other states didn’t take action by January 31, 2019, her agency would.
With a hard deadline and a sharp decline in river flows, Arizona’s major water agencies, the Arizona Department of Water Resources and CAP, coalesced by June 2018 to lead a transparent and inclusive 42-member task force. The result was 14 distinct agreements that together constitute compromises, payments, and water transfers to reduce use, some temporarily and others permanently. Then Arizona legislators had to approve their state’s drought contingency plan.
“It was emotionally charged, because not everybody was going to be pleased,” says Rosanna Gabaldón, a state representative whose district straddles Tucson and rural areas. For a time, Gabaldón doubted Arizona could agree on a drought package. But the legislation was signed with six hours to spare. Upon her review, Burman said both Arizona and California hadn’t completed their work, but they met her extended deadline of March 4.
Arizona’s cuts come almost entirely from the 1.6 million acre-feet pumped from the Colorado River through the CAP. CAP’s 336-mile canal crosses Phoenix and Tucson and reaches farmers in Pinal County, between the metropolitan areas. In 2020, because the Bureau of Reclamation’s August 2019 24-month study projected Lake Mead to fall below 1,090 feet by January 1, 2020, Arizona this year will take 6.9 percent less, or a 192,000 acre-foot cut. If Mead drops to 1,075 feet, as remains distinctly possible, Arizona could lose up to an additional 512,000 acre-feet, though some of that water could be recovered at a later date if storage recovers. At 1,025 feet, it cuts back up to 720,000 acre-feet, or nearly 26 percent of its Colorado River water.
Cities fare well enough in this squeezing exercise. Phoenix and six of its suburbs will see successive cuts beginning at Mead elevations of 1,075 feet. For Tucson, the spigot tightening begins at 1,045 feet and tightens even more at 1,025. However, only if Lake Mead falls to 1,000 feet would Tucson possibly have to cut water sent to homes or businesses.
Agriculture takes Arizona’s biggest hit. That was expected. If agriculture was the primary argument for the CAP in the 1960s, it had the lowest priority among the contracts. This use is almost entirely in Pinal County. Flat and mostly rural, most drivers on Interstate 10 between Phoenix and Tucson hurry through it. The county’s 200 farms produce 45 percent of Arizona’s cattle, 42 percent of its cotton and cottonseed, and 39 percent of its milk, according to a study commissioned by Pinal County irrigation districts. Cities were unimpressed. The total economic output of these Pinal County farms, they pointed out, was half that of the state’s golf courses.
Groundwater was the sole source of water in Pinal County from 1940 to about 1990, when CAP water arrived. Farmers, though, couldn’t repay even the subsidized costs of CAP’s capital-intensive infrastructure. In 2004, they agreed to a shorter-term contract for Colorado River water while being relieved of infrastructure costs. This lower-priced water is also subject to availability, however. Irrigators were already scheduled to stop receiving CAP water entirely by 2030. The plan was for farmers to then return to exclusive groundwater use. Arizona’s DCP will cause the farmers to lose a third of their water in years 2020-2022 and lose deliveries altogether in 2023, seven years earlier than previously scheduled.
Arizona’s compromise yielded the Groundwater Infrastructure Fund, which identifies $50 million—$20 million of it state money—for Pinal County farmers to finance new groundwater-pumping infrastructure. Not all legislators supported the aid.
“But many of us drew the line at funding groundwater-pumping infrastructure, which to us was going backwards. The last thing we should be doing is returning to depleting our groundwater aquifers”, says Airzon State Rep. Kirsten Engel, a Democrat from the Tucson area.
Will this cause farmers to pump groundwater below Pinal County to extinction? Probably—assuming that Lake Mead continues to sag. Application of Colorado River water across the cotton and alfalfa fields allowed the aquifer to rise to nearly 1940 levels. With no river water percolating into the aquifer, it will inexorably decline. Other, less thirsty crops have been getting attention: industrial hemp and a shrub called guayle, which produces an alternative to rubber. But these conversations occur in the margins.
New conservation efforts, including those in agriculture, will benefit from $2 million appropriated by state legislators. Arizona Gov. Douglas Ducey also replaced a council focused on water augmentation with one responsible for studying innovation and conservation.
New political strength of tribes, particularly those in Arizona, was evident in the drought contingency planning. Arizona tribes get 12.5 percent of the state’s water directly from the Colorado River and another 17.5 percent of CAP water. The Gila River Indian Community alone has 311,000 acre-feet, the largest single contract for CAP water. Their reservation just south of Phoenix was created in 1859, giving it the highest priority. The intra-Arizona DCP gives the Gila River Indian Community $92 million for 200,000 acre-feet lost in the DCP’s seven-year life. They also lose additional water that tribal officials value at $30 to $50 million. For the Gila River Indian Community, the DCP negotiations were something of a coming-out party. With European settlement, the tribe was dispossessed of their water until the Arizona Water Settlement Act of 2004 allowed the tribe to use water rights that had previously existed only on paper. Even so, the Gila were not invited to be at the table at the outset of DCP planning. “Tribes have to be at the policy table,” said Governor Stephen Roe Lewis. Now, they definitely are.
The Colorado River Indian Tribes—consisting of four distinct tribes, the Mohave, Chemehuevi, Hopi and Navajo, with a reservation that stretches along the Colorado River in Arizona and California—also played a significant role. They divert nearly 600,000 acre-feet directly from the Colorado River at the border between Arizona and California, with priority dates from 1865-1874. “This is not CAP water. It is not subject to being cut. It is the highest priority water in the lower basin,” explained Margaret Vick, special counsel to the Colorado River Indian Tribes, at the June 2019 Getches-Wilkinson Center Summer Water Conference at the University of Colorado-Boulder. After a history of being taken advantage of, the tribes are now “partners with the state legislative leaders,” she said.
The four tribes agreed to take 10,000 acres of farmland out of production for three years, allowing the water to instead remain in Lake Mead. In return, the tribes receive $38 million, including $30 million from the state and $8 million from the Environmental Defense Fund and the Walton Family Foundation.
“I don’t think Arizona could have met their requirements without the water that the tribes put on the table,” says Larry MacDonnell, an adjunct law professor at the University of Colorado-Boulder and a member of the Colorado River Research Group.
California has different tensions. The state has more Colorado River water, 4.4 million acre-feet, the majority of it claimed for agriculture prior to the Colorado River Compact.
About a quarter of southern California’s water comes from the Colorado River. Metropolitan Water District of Southern California delivers this Colorado River water, along with water imported from northern California, to smaller agencies that collectively serve 19 million people. Metropolitan’s basic annual apportionment of Colorado River water is 550,000 acre-feet, and it gets about 400,000 of additional Colorado River water through transfers and exchanges, largely from irrigation districts. Under the DCP, if Lake Mead drops below 1,045 feet, California will contribute between 200,000 and 350,000 acre-feet of water a year, depending on the lake’s elevation. Because of the wet year in 2018-2019, Reclamation estimates a less than 10 percent chance that the reservoir will fall to that level by 2026.
California’s contribution under the DCP is shared by two of the state’s three big irrigation districts and Metropolitan. Initially, the Imperial Irrigation District (IID) was also planning to participate. It conditionally approved the plan in December 2018 but in March 2019, just before a federal deadline, IID decided it would not support the DCP as negotiated because one of its conditions—federal funding for the Salton Sea—had not been satisfied. Metropolitan’s board of directors voted to contribute an additional 250,000 acre-feet to Lake Mead if necessary to cover the Imperial Irrigation District’s portion. But these contributions are not permanent. Metropolitan, along with others in California, Arizona and Nevada, can in the future withdraw water left in Lake Mead under a provision in the 2007 guidelines called “intentionally created surplus,” or ICS.
ICS water is made through projects that create water system efficiency, conservation, or even importation of water into the Colorado River Basin. ICS water temporarily augments reservoir levels but is then available for later drafting by whomever contributed it. The Bureau of Reclamation reported provisionally that in 2018 Nevada had 700,448 acre-feet, California 698,432 acre-feet, and Arizona 343,052 acre-feet of ICS water stored in Mead.
This water might better be understood as a savings deposit. Metropolitan has stored and withdrawn water three times. But what if an entity wants to withdraw when those savings are most desperately needed? Imagine the scene from the movie “It’s a Wonderful Life,” when the panicked townspeople of Bedford Falls show up at the savings and loan, demanding their C-notes.
Brad Udall, senior scientist and scholar at Colorado State University, told a U.S. House subcommittee in February 2019 that this illustrated an implicit flaw in the concept. “These water storage efforts allowed us to push the problem forward in time, hoping Mother Nature will rescue us,” Udall said.
Bill Hasencamp, manager of Colorado River resources for Metropolitan, says his agency’s savings balance is responsible for about a 12-foot increase in Mead—contributing significantly to keeping the reservoir out of shortage. But he agrees that the savings device is not the long-term answer to the oversubscribed Colorado River Basin. “Eventually we have to make some permanent cuts in the lower basin, and that’s what we’re gearing up for in 2026 negotiations,” Hasencamp says.
More tension revolves around the shrinking Salton Sea, located 125 miles northeast of San Diego. It’s an ancient sea bed, below sea level, and filled sporadically through the ages by the Colorado River as it wandered on various paths toward the ocean. Its current iteration dates to 1905, when the river wrestled free of an attempt to channel it into orderly submission. It’s a shallow, salty marvel with twice the surface area of Lake Tahoe that also serves as a major stop for migrating birds, some listed on state and federal endangered and threatened lists, along the Pacific Flyway.
Water levels were sustained by 1.3 million acre-feet of annual runoff from Imperial Valley farms until 2003, when the Imperial Irrigation District began transferring water saved through conservation measures to San Diego County, Metropolitan, and the Coachella Valley Water District. The sea has fallen 9 feet since those transfers began, the saline water lapping onto shore at 237 feet below sea level in July 2019. As it does, the Salton becomes saltier, some 4 million tons of salt arriving through farm runoff each year, increasing the salinity 1 percent annually.
The Pacific Institute’s Michael Cohen, whose work for the past 20 years has focused on revitalizing the Salton Sea, identifies two problems. First is the decline of the sea in size and in its capacity for sustaining fish. It has dramatically fewer fish than 20 years ago, which in turn sustain resident and migratory birds. Birds have also lost roosting and breeding habitat.
A second issue is the human health impact of the wind blowing chemical-laden dust from the receding shores. The 650,000 residents of the Coachella and Imperial valleys already had a high incidence of asthma. The American Lung Association gives Imperial County an “F” score in high ozone and particulate pollution. The county seat, El Centro, is ranked eighth worst among 203 metro areas across the country for annual particle pollution. As transfers from irrigation districts to cities ramp up in the next decade, Salton Sea levels are expected to drop another 15 feet or so, exposing more toxic dust and more chronic respiratory issues. The shoreline by then will have receded 5 miles since 2003.
A 10-year Salton Sea mitigation plan, approved in 2017, has had stubby financial legs. To implement the phase-one plan requires $400 million, of which $300 million has somewhat belatedly been secured. That’s just the start of a longer-term plan for wetlands restoration and other mitigation.
For the Imperial Irrigation District, mitigating Salton Sea problems became the defining issue in the DCP. The district has legal rights to 18 to 20 percent of all Colorado River Basin water, 3.1 million acre-feet altogether, including use of 2.68 million acre-feet pre-compact, as of 2019. District directors in December voted to support the overall DCP framework. However, that support was contingent upon the federal government delivering $200 million for Salton Sea remediation.
Led by Metropolitan, California supported the DCP without the provision of contingency upon the federal funding. In March, Imperial sued Metropolitan and three other water districts, citing absence of a thorough environmental review of the drought plan. “Just as it is hydrologically connected to the Colorado River, the Salton Sea is inseparable from the DCP, and any attempt to sweep it aside or pretend it doesn’t exist is as unsustainable as it is cynical,” said Erik Ortega, president of the district, in a March 1 statement. “We all need to cross the finish line together, in California and across the two basins, but that won’t happen by taking shortcuts, environmental, economic or otherwise.”
In April 2019, on the day President Trump signed the DCP into law, Imperial asked a California court to suspend approvals of the lower basin DCP until after an environmental analysis was completed. With that, California, the lower basin, and all seven basin states moved forward on the DCP without the Imperial Irrigation District and without solving the problem of the Salton Sea.
Mexico is also part of the Colorado River Basin, apportioned 1.5 million acre-feet annually by the 1944 Mexican Water Treaty. It, too, is a partner in the effort to keep Mead from declining. A 2012 binational agreement specified that a shortage declaration under the 2007 interim guidelines would reduce deliveries to Mexico of up to 125,000 acre-feet. That agreement, Minute 319, also produced the historic 2014 pulse flow that used Mexico’s water stored in Lake Mead to wet the delta for the first time in 16 years. Minute 319 has since been supplanted by Minute 323. Signed in 2017, Minute 323 authorizes Mexico to continue storing water in Lake Mead and also commits the United States to financially support water efficiency projects in Mexico with the goal of leaving 200,000 acre-feet of water in Mead to benefit both countries. It also requires both countries to provide water and funding for delta habitat restoration.
Looking forward, Jennifer Pitt, director of Audubon’s Colorado River Program, sees need to build on existing binational relationships. “I think Mexico has already demonstrated that they are willing to be a partner in the equitable distribution of shortages, and I don’t think we should expect any different,” she says. Equitable, she believes, means proportionate to the shortages absorbed by the lower basin states.
Both the DCP and Minute 323 will expire in 2026. Negotiations between the U.S. and Mexico to determine what comes next after Minute 323, the DCP, and the interim guidelines, “will be tied to their implementation and operating experience [of Minute 323] between now and then,” Pitt says.
Minute 323 identifies specific projects but has no provision for another pulse flow. Pitt sees the river delta being like the Salton Sea: undeniably a part of the Colorado River Basin. The drying of the delta was the first visible signal of water imbalance.
Doing something about it means finding water to create a more resilient ecosystem that can address the habitat needs of birds that used that area as part of their migration path, she says. That this ecosystem is in Mexico also matters. “If the restoration effort were to be abandoned, we don’t know if Mexico would be as willing to share in the shortages with other water users,” Pitt says.
Even before the DCP was signed in May 2019, eyes were already on replacement of the interim guidelines and the DCP. It poses a greater challenge yet. The word “drought” probably should be discarded in the 2026 document’s title because the big overlapping issues of climate change and structural deficit that it must address are broader. “Hard issues left unresolved by the DCP will make the coming negotiations even more challenging,” said Udall in his February testimony to the U.S. House subcommittee.
But the DCP also marks several major achievements. The work was more inclusive, more deliberate in bringing tribes and environmental groups to the table, both of them often overlooked or strictly adversarial in the past. Even where it failed, there was success, as the Colorado River Research Group, in a May 2019 paper, pointed out: “Two of the most problematic features of the current management framework—the inability of Pinal County, Arizona, farmers to easily absorb CAP curtailments, and the environmental and public health challenges associated with limiting Salton Sea inflows—have influenced, and are influenced by, matters that were heretofore considered outside of basin water management planning.”
Too, the DCP carved a path, concrete in its details and immediate in its consequences, to reconcile reality with diversions. Based on the plan’s provisions, the Bureau of Reclamation in August 2019 ordered reduced deliveries to Arizona of 192,000 acre-feet and to Nevada of 8,000 acre-feet in 2020. In addition, under its supplemental treaty agreement, Mexico gets 41,000 acre-feet less. Those cuts were based on projections that Mead’s water would be below 1,090 feet, the new cushion level, on January 1, 2020. That water must remain in the reservoir until Mead rises above an elevation of 1,100 feet. These are the first, marked acknowledgements of the 21st century hydrologic realities.
In Arizona, David White, deputy director of the Julie Ann Wrigley Global Institute of Sustainability at Arizona State University, sees the template that emerged dwarfing the details in importance. “That was a very big win for the state,” says White. Creating an open, transparent process for figuring out how to apportion cuts was vital.
The Arizona Republic was of a like mind. “Let’s be clear. This deal isn’t perfect. It’s costly and painful, and it solves exactly zero of our water problems,” it wrote in a January 31, 2019, editorial. “All DCP does is buy us time. But it showed us how to solve our problems and move forward in a drier future.”
Colorado River users – and the 40 million people served by the river – received clarity moving into 2020 at the 2019 Colorado River Water Users Association (CRWUA) conference in Las Vegas.
There, Secretary of the Interior David Bernhardt announced that “the Department will immediately begin work on a new report that will analyze the effectiveness of current Colorado River operational rules to ensure continued reliable water and power resources across the Southwest – a year ahead of when the current rules require the report.” The report will be a review of the effectiveness of Colorado River operations since enactment of the 2007 Guidelines, including the implementation of the Drought Contingency Plans (DCP) in 2019.
The evaluation of the effectiveness of the 2007 Guidelines is a mandatory first step in what has come to be called the “Reconsultation” – the process that will lead to next set of rules for managing the Colorado River and the River’s major reservoirs when the current Guidelines expire at the end of 2026.
The Secretary’s comments echoed the remarks made earlier at CRWUA by U.S. Bureau of Reclamation Commissioner Brenda Burman, that it was too early to begin work on developing the next set of operating rules – that would get in the way of implementing DCP and the evaluation of the 2007 Guidelines.
Arizona’s next steps in this process are already underway. Central Arizona Project (CAP) General Manager Ted Cooke and Arizona Department of Water Resources Director Tom Buschatzke began meeting with Arizona’s DCP Steering Committee delegates two months ago to initiate post-DCP discussions. The announcements from the Department of the Interior are consistent with the expectations and approach underway by CAP and ADWR.
At the federal level, the immediate work is to prepare a report that will analyze the effectiveness of the Guidelines. This will take some time to accomplish, but the early start sets the stage for the second step of the Reconsultation, which will be the development of the next program, which will need to be in place in 2026. The Secretary estimated it would take about a year to complete the new report. The Basin States and other experts would be consulted as part of the report preparation process.
Said Barnhardt, “This conference brings together the best ideas for managing the Colorado River. This year’s historic agreements once again demonstrated that the best way to protect the Colorado River is collaboration and cooperation, not litigation. Looking ahead, we are eager to complete a review of our current operations by leveraging that collaborative approach to identify lessons learned from rules that have guided our operations since 2007. Thank you to CRWUA for providing the forum for launching this initiative.”
CRWUA is the only association focused solely on Colorado River issues. It provides an opportunity for those with interest in the river to convene and discuss issues. The CRWUA conference also provides the opportunity for the U.S. Department of the Interior to speak to Colorado River users in one venue.
This year’s conference featured a resolution recognizing the 130th anniversary of the International Boundary and Water Commission (IBWC) and the 75th anniversary of the 1944 Treaty Concerning the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande. The 1944 Treaty established a framework that provides significant and enduring benefits to Colorado River water users in the United States and Mexico and stands as an example of international cooperation and collaboration.
At this year’s conference, Central Arizona Water Conservation District (CAWCD) Board President Lisa Atkins moderated the Augmentation Colloquium, which featured a panel including CAP Colorado Programs Manager Chuck Cullom. Central Arizona Project General Manager Ted Cooke also served on a panel regarding the Interim Guidelines.
To learn more about CRWUA, visit its website, which was newly designed by CAP.
The annual Colorado River Water Users Association conference started up Thursday at Bally’s Hotel and Casino…
When it comes to the fight to conserve water, officials at this year’s conference say Nevadans have a lot to be proud of.
“Southern Nevada is on the cutting edge, you are at the forefront of conservation. What this town, what the water users of this town, have been able to do in the last ten years is really remarkable,” said Bureau of Reclamation Commissioner Brenda Burman.
The Silver State is regarded as a national leader in the fight to save the resource, citing investments in conservation infrastructure over the last two decades.
Drought markers along the Colorado River remain; dating back nearly twenty years.
Officials in Nevada are pushing back though. Working alongside reps from other states, water usage on the Colorado River has declined. Emergency drought plans have also been drawn and agreed on.
Saving water on the Colorado River system, funding the state water plan, and preserving more water for streams are expected to top lawmakers’ water agenda when the Colorado General Assembly begins its work Jan. 8
Saving Water on the Colorado River
Last May the seven Colorado River Basin states signed a drought contingency plan that requires the three lower basin states, Arizona, Nevada and California, to cut water use. It also gives the four upper basin states — Colorado, New Mexico, Utah and Wyoming — the option to create a large-scale water conservation program that would add more water to storage in Lake Powell. That water would be credited to the Upper Basin states and protect them from cutbacks if levels in Powell start to fall below those needed to generate power and to meet water delivery obligations to the Lower Basin. Colorado and other Upper Basin states are exploring whether such a conservation program, known as demand management, is feasible. Any water users who contributed to the new Powell storage account would do so voluntarily and would be paid for their participation.
Where would that water come from? Since irrigated agriculture is the largest user, most of it is likely to come from farmers and ranchers. That troubles Colorado Rep. Marc Catlin, R-Montrose, former manager of the Uncompahgre Valley Water Users Association in southwest Colorado. “We’re still looking at agriculture as a living reservoir that we don’t have to build,” he says.
But Catlin sees “some shifting in the conversation” about sharing water cuts with East Slope communities, where there’s a growing recognition that “if it hurts western Colorado, it hurts the whole state.” That’s because East Slope urban water providers rely on transmountain diversions for much of their water supply. Denver Water, for example, counts on Colorado River imports for half its water. And since most of those rights are junior — acquired after the 1922 Colorado River Compact was signed — the metro area, along with irrigators in the South Platte and Arkansas River valleys that receive water via transmountain diversions, would also be affected by any cutbacks in Colorado River water deliveries. It is anticipated that those entities and regions would participate in conservation alongside West Slope irrigators.
While the Colorado Water Conservation Board (CWCB) is now examining whether to create such a program, lawmakers this year will consider a bill that would require CWCB to involve the public and the state’s nine river basin roundtables in developing a demand management program. Although CWCB would have final say, it would have to submit any draft program to the Water Resources Review Committee and consider its feedback.
Funding Colorado’s Water Plan
Implementing Colorado’s Water Plan is projected to cost $3 billion over the next 30 years, or $100 million annually. The CWCB and the General Assembly have provided some funding for the water plan, but those amounts cover only a fraction of the water plan’s estimated costs.
Enter Proposition DD, approved by voters in November. It legalizes sports betting and assesses a 10 percent tax on casinos’ net proceeds. The state can collect up to $29 million per year, with more than 90 percent of that going into a newly created Water Plan Implementation Cash Fund run by CWCB. Experience with sports betting in other states suggests that no more than $16 million in tax revenue will be generated annually, and during the first year just $7 million is expected.
Lawmakers are expected to discuss options giving them some say in how CWCB allocates that revenue, but those talks may not result in legislation this year.
Sen. Bob Rankin, R-Carbondale, a member of the Joint Budget Committee (JBC) and prime sponsor of the general fund water appropriations last year, does not expect Proposition DD to affect JBC’s water plan funding recommendations this year. Last year, for the first time, lawmakers approved $10 million in general fund money for the water plan. But Rankin cautions that appropriating another $10 million in general funds to support water plan implementation and demand management development will depend on how revenue forecasts shake out.
Rep. Dylan Roberts, D-Avon, said he plans to introduce a bill that would expand the existing instream flow loan program. Under current law, a water right holder can loan water to the CWCB to further preserve water for rivers on stream segments where the board already holds an instream flow water right. The loan may be exercised for no more than three years in a single 10-year period. Roberts’ bill would increase the number of years the loan could be exercised from three to five, and allow for two additional 10-year periods.
The proposed bill is similar to one that passed the House of Representatives but was defeated in Senate committee last year. Opposition to that bill centered on the potential impact on historical irrigation return flows from leaving water in the stream rather than applying it on the land, the effects on soils fallowed for long periods, and the tight comment period allotted after a loan application is filed in which opponents can make their case. Those issues were discussed during the interim session, but the Water Resources Review Committee took no action.
Roberts says that recommendations developed by a Colorado Water Congress working group to provide water right holders with more opportunities to comment and protect downstream users will be incorporated into the new bill. With those changes, he’s optimistic that “we have arrived at a place where more of the water community feels comfortable with the program’s expansion.”
The Water Resources Review Committee recommended three other bills for consideration this session. One would address water speculation, with concerns raised that agricultural water rights are being sold to entities with no real interest in farming that are holding those rights for future, profitable transactions. The bill would create a working group to explore ways to strengthen anti-speculation laws and report its findings and recommendations to the committee next year.
Another bill would task the University of Colorado and Colorado State University’s Colorado Water Center with studying new technologies to improve monitoring, management, conservation, and trading of water rights and report back to the committee in 2021.
The final bill would increase the number of state water well inspectors and require rulemaking to help the state engineer identify high-risk wells for inspection.
And although no legislation has yet been drafted, Sen. Kerry Donovan, D-Wolcott, said she anticipates discussion of how to better dovetail water planning with land use development to ensure large new communities have sustainable water supplies.
Larry Morandi was formerly director of State Policy Research with the National Conference of State Legislatures in Denver, and is a frequent contributor to Fresh Water News. He can be reached at email@example.com.
Fresh Water News is an independent, non-partisan news initiative of Water Education Colorado. WEco is funded by multiple donors. Our editorial policy and donor list can be viewed at http://www.wateredco.org.
Water wonks, state and tribal officials, attorneys and irrigation district representatives hit the floor at Bally’s Las Vegas Hotel last week. Not to shake loose the slots. But to gamble on the future of the Colorado River.
During the annual meeting of the Colorado River Water Users Association (CRWUA), stakeholders from the seven US states that share the river’s water met to talk about everything from interagency cooperation to cloud seeding, forecasting to tribal water rights.
But even as the impacts of the Earth’s warming are increasingly clear, there’s still a political and practical disconnect between the cause of climate change—the burning of fossil fuels—and the challenges warming poses to water supplies in the western United States.
That decoupling was hammered home by US Department of the Interior Secretary David Bernhardt, who spoke at the CRWUA meeting. During his keynote speech, Bernhardt avoided mentioning climate change.
When pressed by reporters afterwards, he said he “certainly believe[s] the climate is changing.” But he cautioned that forecasting is speculative.
And he praised the role energy development plays in states like New Mexico.
“The president was very clear when he ran for office on his position on energy; he’s for an all-of-the-above approach,” Bernhardt said. “In New Mexico last year, we sent $1.7 billion from federal lands to the state of New Mexico that went to schools and other things. So, when people tell me they want to stop oil and gas development on federal lands, I say ‘Call the governor of New Mexico.'”
Gov Michelle Lujan Grisham’s office could not answer SFR’s questions by deadline about Bernhardt’s claims related to revenues from drilling on federal land in New Mexico and balancing the disconnect between the state’s energy policies—which have spiked revenues—and emissions from that industry, which exacerbate the state’s water challenges.
The governor’s spokeswoman also could not provide a response to Bernhardt’s statements before deadline…
In 2017, a peer-reviewed study showed that warming was already causing flows on the Colorado River to decline. Between 2000 and 2014, flows averaged 19% below the 1906-1999 average, and scientists found that one-third of those losses were due to higher temperatures, rather than changes in precipitation. They also wrote that if warming continues, the Colorado River’s flows will drop even more—20 to 35% by 2050, and 30 to 55% by 2100.
A follow-up study in 2018 showed that even though annual precipitation in the Colorado River Basin increased slightly between 1916 and 2014, flows declined by 16.5 % during that same time period—due in large part to “unprecedented basin-wide warming.”
“Climate change is water change,” says Bradley Udall, one of the co-authors of both those studies. Udall is a senior water and climate research scientist at the Colorado Water Institute at Colorado State University.
In arid landscapes like the US Southwest, warming affects river flows, snowpack, soil moisture and even the amount of water crops and forests need to survive.
“In our case, [climate change] means these longer, hotter droughts that threaten the Rio Grande and the Colorado River system in ways that are unprecedented,” Udall tells SFR.
“If you’re going to reduce the risk of water shortages for humans and nature, you’ve got to solve the climate change problem.”
And, he says, solving the climate change problem means stopping fossil fuel production: “You can’t solve climate change if you’re going to continue to pursue fossil fuel production willy-nilly.”
And yet, drilling is booming across the world, including in New Mexico. And that development has consequences.
Earlier this year, the World Meteorological Organization showed that carbon emissions have continued to increase. According to a story in the BBC, “Using data from monitoring stations in the Arctic and all over the world, researchers say that in 2018 concentrations of CO2 reached 407.8 parts per million (ppm), up from 405.5ppm a year previously. This increase was above the average for the last 10 years and is 147% of the “pre-industrial” level in 1750.” Not only that, but methane emissions continue to rise, as well—and is now at 259 % what it was before the Industrial Revolution.
Meanwhile, global temperatures continue to ruse. The latest numbers from the National Oceanic and Atmospheric Administration show that the three-month season of September through November 2019 ranked second-warmest on record for the globe—with a global temperature of 1.69°F above average. Already, New Mexico’s average annual temperature has increased by 2°F—just since the 1970s.
Continued warming will have continued impacts across the US Southwest. And even after last winter’s robust snowpack, the basin’s reservoirs, system-wide, sit at just over half-full. The two largest reservoirs, Lake Powell and Lake Mead, are 52 % and 40 % full, respectively. A second year of good snowpack, Udall estimates, would put the system at perhaps 60 % full…
Asked to rectify that with the president’s statements about climate change as a “hoax” and his attacks on climate science, Bernhardt reiterated that Trump has been an “exceptional leader on western water issues.”
“I think it’s very hard to go back and find presidents who have given clear direction in memos to the secretaries, [that] say ‘Get on with it. Solve these situations,'” he said, referring to Trump’s 2018 presidential memorandum on reliable water supplies in the western US. In that memo, the White House directed federal agencies, including Interior, to “work together to minimize unnecessary regulatory burdens and foster more efficient decision-making so that water projects are better able to meet the demands of their authorized purposes.”
Bernhardt also directed the US Bureau of Reclamation to launch its review of the 2007 interim guidelines at the beginning of 2020.
FromThe Las Vegas Review Journal (Shea Johnson) via The Boulder City Review:
U.S. Bureau of Reclamation Commissioner Brenda Burman said Dec. 11 that Nevada has been a national leader in water conservation by reducing demand on the Colorado River and investing in infrastructure over the past two decades.
In Las Vegas for the Colorado River Water Users Association’s annual conference, Burman declined to say, however, whether she sees Nevada’s share of the river’s water increasing, even though it draws the least amount of water than any other state.
Instead she said Mexico and seven Southwestern states served by the river were focused on working within the existing rules and regulations, known as the “Law of the River.”
In an interview with the Review-Journal, Burman said that “desalination is going to be part of the answer” to reducing draws on the river, noting that California has already made major investments on that front, and talks between Mexico and lower basin states have questioned whether desalination is possible in that country.
“We all really need to be looking at an all-of-the-above approach,” she said about viable long-term solutions to river sustainability…
The three-day annual conference culminated with a tour of Hoover Dam with federal officials. It followed a keynote speech by Secretary of the Interior David Bernhardt.