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Issue #2708
HIGHLIGHTS
WestFAST/Water Data
At a September 30 WestFAST webinar, BLM and DRI demonstrated Climate Engine, a free tool that generates standardized drought, vegetation, and site reports used in grazing decisions and NEPA analyses, and showed how OpenET revealed that a Nevada water buyback program paid for roughly twice the water actually being used.
Western Governors/WRDA 2026
Six western governors sent a September 28 letter urging Congress to strip Section 120 from the House-passed 2026 WRDA, which would bar Missouri River water exports outside the basin, and related Corps feasibility studies, without unanimous approval from all ten basin governors. The governors argue the provision undermines long-standing state primacy over water, raises constitutional concerns, and relies on undefined terms that invite litigation.
EPA/Army Corps/WOTUS
On September 24, EPA and the Army Corps briefed states on the September 9 supplemental WOTUS proposal, fielding questions about how its definitions apply to western conditions like effluent-dominated streams, diversion-caused drying, and split wetland jurisdiction. The agencies said determinations will rest on observable physical conditions and urged states to submit detailed written comments with regional examples before the October 9 deadline.
Nebraska v. Colorado
On September 28, Colorado answered Nebraska’s South Platte River Compact lawsuit with affirmative defenses, a motion to dismiss Nebraska’s claim that Colorado’s augmentation system is too “complex,” and a counterclaim alleging Nebraska wells near the state line deplete Colorado’s water.
Senate/Permitting Reform
On September 30, bipartisan leaders of the Senate EPW and ENR committees introduced the Bipartisan American Affordability and Jobs Act of 2026, a package that would narrow NEPA’s scope, set firm review timelines, and limit judicial challenges to 150 days. The bill would also require rulemaking for CWA 304(a) water quality criteria, shorten some Section 401 reviews, extend NPDES and Section 404 general permits to 10 years. A procedural vote is expected on November 9.
House/Water Data
At a September 15 House Science Committee hearing on using AI, sensors, and satellites to reduce natural hazard impacts, witnesses stressed that outdated federal data, such as the NOAA-USDA drought risk atlas last updated in 2017, leads to undersized infrastructure and poor decisions. Witnesses urged integrating NOAA’s Atlas 15 precipitation data into design guidance, prioritizing multi-hazard platforms, and creating a federal disaster innovation center.
WEBINARS & WORKSHOPS
October 14: Natural Hazard Technical Assistance for Updating your Emergency Response Plan, a free EPA SWIFT webinar on tools, templates, and technical assistance for emergency response plans.
October 21: Where Do I Fall in Water Use? Leveraging DOE Tools to Quantify Plant Water Use, part of DOE’s Industrial Water Reuse Webinar Series, featuring a demo of the Plant Water Profiler.
October 21 to 23: WSWC Fall (211th) Meetings in Las Cruces, NM.
