AISubcommittee reviews Western water infrastructure, drought, and hydropower licensing bills

Public Lands and Energy MarkupsSenate Energy and Natural Resources Subcommittee on Water and Power · 2026-03-17 · 119th Congress
The Senate Energy and Natural Resources Subcommittee on Water and Power held its first hearing to examine roughly two dozen bills covering water supply feasibility studies, drought resilience, hydropower relicensing, and fish conservation across Western states. Begins at 0:27:37
Transcript
Highlights

Title

Subcommittee reviews Western water infrastructure, drought, and hydropower licensing bills

Purpose

The Senate Energy and Natural Resources Subcommittee on Water and Power held its first hearing to examine roughly two dozen bills covering water supply feasibility studies, drought resilience, hydropower relicensing, and fish conservation across Western states. Testimony came from the Bureau of Reclamation and the Federal Energy Regulatory Commission (FERC), with subcommittee members outlining their own bills on issues from the Dakota Water Resources Act to hydropower licensing transparency. Begins at0:27:37

Who spoke

Chair John Hoeven (R-ND)0:27:37: Opened the subcommittee's first hearing, framing water access as fundamental to families, agriculture, and business growth in Western states0:28:07; highlighted his Dakota Water Resources Act reauthorization to serve North Dakota and five tribal nations0:29:26; described his FLOWS Act (S.3518) to streamline routine-maintenance licensing and create a pathway for micro hydrokinetic projects0:58:121:02:10, and his waterpower research reauthorization bill with Wyden (S.3684)1:02:36; questioned Palombo on continued cooperation on North Dakota water projects1:03:47 and Turpin on FERC's licensing streamlining efforts1:05:59.

Sen. Ron Wyden (D-OR), Ranking Member0:31:25: Described Western states facing a "1-2 punch" of historic drought and record-low snowpack0:32:25; cited past Klamath legislation as a model0:33:53; introduced his Watershed Results Act, a pay-for-performance pilot for watershed grants0:34:50, and a waterpower technologies bill with Sen. Murkowski0:35:46; pressed Palombo on using private-sector, results-based verification1:13:54 and Turpin on "technological neutrality" in energy permitting1:17:07.

Mr. David Palombo, Deputy Commissioner of Operations, Bureau of Reclamation0:38:22: Walked through Reclamation's positions on the bills, including support for working with sponsors to amend new programs into existing authorities0:39:15; noted concerns that the Lower Yellowstone and urban-canals bills shift financial responsibility onto the federal government0:41:16; confirmed continued support for Hoeven's North Dakota projects1:05:35; detailed Reclamation's fallback legal authorities (1956, 1968, 1928 Colorado River Basin Acts; 1964 Supreme Court decree) if the seven Colorado River basin states fail to reach consensus by 20261:22:081:23:21; said $3 billion of the $4 billion Inflation Reduction Act drought fund has been obligated, with the remaining $1 billion targeted for obligation before the end of FY20261:25:17.

Mr. Terry Turpin, Director, Office of Energy Projects, FERC0:43:51: Said FERC regulates over 1,600 nonfederal hydropower projects (2,500+ dams) representing about 57,000 megawatts0:44:36; noted the commission is processing 187 pending license applications, with over 410 projects entering relicensing prefiling over the next decade0:45:190:45:42; reported FY2025 activity of 172 extension requests, 73 amendments, 612 noncompliance complaints, and 2,085 dam-safety inspections0:46:290:47:15; told Wyden the commission favors "production neutrality" across energy technologies [0:18:25 in transcript reads 1:18:25].

Sen. Steve Daines (R-MT)0:48:36: Noted his retirement after 14 years and highlighted four of his bills, including the Fort Peck Water System Reauthorization Act extending BOR construction authority to December 20280:49:36 and the Lower Yellowstone bill (S.3409) affirming federal ownership of the fish bypass channel to protect farmers from bearing its cost0:50:360:52:43; described Montana's shift away from stocking rivers after finding native fish populations rose when stocking stopped0:53:09; also introduced S.3500 with Sen. Cortez Masto on hydropower licensing transparency0:54:07.

Sen. Lisa Murkowski (R-AK)0:55:16: Praised Daines' points on native species management0:55:48; ceded detailed remarks to Chair Hoeven, who spoke to her bills (S.3518, S.3684) on her behalf.

Sen. Alex Padilla (D-CA)1:08:19: Asked whether programmatic authorizations in his MORE Water Act would speed water infrastructure delivery, which Palombo affirmed1:09:281:09:55; argued agricultural water-efficiency measures can cost up to 90% less per acre-foot than new water supplies and asked Palombo to confirm the value of voluntary efficiency demonstrations, which Palombo did1:11:041:12:13.

Sen. John Hickenlooper (D-CO)1:20:02: Pressed Palombo on what Reclamation will do if the seven Colorado River basin states fail to reach a consensus agreement before 2026 operating decisions1:21:25; asked why $1 billion of the $4 billion Inflation Reduction Act drought-mitigation funding for "Bucket Two" projects has been delayed over a year1:24:45.

Key moments

Hoeven noted North Dakota's Dakota Water Resources Act reauthorization would help realize promise tied to over 1 million acres of irrigation offsetting roughly 550,000 acres of farmland flooded under the 1944 Flood Control Act0:29:53.

Turpin disclosed FERC is currently processing 187 pending hydropower license applications, about 90% of which are relicensing of existing projects0:45:19, and that more than 410 projects (41% of licensed capacity) will enter relicensing prefiling over the next decade0:45:42.

Daines detailed the Lower Yellowstone Fish Bypass Channel dispute: irrigators serving roughly 58,000 acres are being asked to fund maintenance of an "extraordinarily expensive" channel built to protect the endangered pallid sturgeon, and he has received letters from irrigation districts, county commissions, co-ops, and Montana's governor opposing it0:51:360:52:23.

Hoeven cited an Alaska river-turbine project generating power for a 68-person village that has saved nearly 23,000 gallons of diesel per year and let the village shut off generators roughly 275 days a year, while over 100 million sockeye salmon have passed the turbine without injury1:00:221:00:471:01:18.

Wyden acknowledged the irony of a Senate Democrat pushing private-sector, results-based verification while the Republican administration favors program standards, calling it a bipartisan opportunity1:13:54; Palombo agreed to work with Wyden's office to incorporate the approach within weeks1:16:37.

Palombo laid out Reclamation's legal fallback if Colorado River basin states cannot reach consensus: relying on the 1956 and 1968 Colorado River Basin Acts for the upper basin, the 1928 Boulder Canyon Project Act and 1964 Supreme Court decree for lower-basin reductions1:22:381:23:21.

Hickenlooper revealed that of the $4 billion in Inflation Reduction Act drought funding, Reclamation has obligated nearly $3 billion but $1 billion — including approved "Bucket Two" conservation projects — has been held up for over a year1:24:45; Palombo said the agency intends to obligate the remainder before the end of FY20261:25:48.

Padilla stated agricultural water-efficiency measures can be up to 90% cheaper per acre-foot than constructing new water supplies, framing his voluntary demonstration-project bill as a cost-saving tool1:11:04.

Metadata

Official titleHearings to examine S.1034, to establish the Southwestern Power Administration Fund, S.1242, to authorize the Secretary of the Interior to carry out watershed pilots, S.2437 and H.R.3857, bills to amend the Snow Water Supply Forecasting Program Authorization Act, S.2753, to amend the Omnibus Public Land Management Act of 2009 to authorize certain extraordinary operation and maintenance work for urban canals of concern, S.3409, to reaffirm that the Bureau of Reclamation retains exclusive ownership, operational control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel, ensuring long-term conservation of the endangered pallid sturgeon and other native aquatic species in the Yellowstone River while protecting the Lower Yellowstone Irrigation Project and District from undue financial and operational burdens, S.3500, to amend the Federal Power Act to require the Federal Energy Regulatory Commission to annually submit to Congress a report on the status of ongoing hydropower relicensing applications, S.3518, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects, S.3635, to reauthorize the Fort Peck Reservation Rural Water System Act of 2000, S.3684, to amend the Energy Independence and Security Act of 2007 to reauthorize water power research, development, demonstration, and commercial application activities, S.3693, to extend the authorization for a large-scale water recycling and reuse grant program, S.3723, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water from the Missouri River to the Western Dakota Regional Water System, S.3725, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to expand the capacity and reach of the Lewis and Clark Rural Water System, Inc. (doing business as "Lewis & Clark Regional Water System"), in the States of Iowa, Minnesota, and South Dakota, S.3732, to amend the Water Infrastructure Improvements for the Nation Act to authorize assistance under the storage program, S.3736, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to the Dakota Mainstem Regional Water System service area in the States of South Dakota, Iowa, Nebraska, and Minnesota, S.3737, to amend the Reclamation States Emergency Drought Relief Act of 1991 to provide financial and technical assistance to eligible entities for the conduct of innovative approaches to voluntary water partnership agreements among multiple water users and projects conducted by individual agricultural entities, S.3738, to amend the Infrastructure Investment and Jobs Act to reauthorize the large-scale water recycling and reuse program, to establish a Water Conveyance Improvement Program, S.3743, to direct the Secretary of the Interior to carry out a feasibility study on a selective water withdrawal system at Glen Canyon Dam, S.3792, to provide for the establishment of a Water Project Navigators Program, S.4040, to amend Public Law 89-108 to modify the authorization of appropriations for State and Tribal, municipal, rural, and industrial water supplies, and S.4041, to reauthorize the Cooperative Watershed Management Program.
CommitteeSenate Energy and Natural Resources Subcommittee on Water and Power
Chamber / CongressSenate · 119th Congress
Date2026-03-17
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript158 caption blocks · 8,173 words · 1:28:15 runtime
EventCongress.gov 338060