Western States Water Newsletter

On March 16, the Army Corps of Engineers opened a public docket seeking input on improving the efficiency of the nationwide permit (NWP) program, with comments due by May 15, 2026, to inform potential updates before the permits expire in 2031. The Corps specifically requested feedback on reducing regulatory burdens, streamlining processes, improving environmental safeguards, and exploring new permit categories and program-wide efficiencies.

On March 17, the Senate Energy and Natural Resources Subcommittee on Water and Power held a hearing on pending water and energy legislation, featuring testimony from Bureau of Reclamation and FERC officials. Lawmakers discussed drought, water infrastructure, and multiple bills addressing funding, conservation, and hydropower, while agency witnesses raised concerns about duplication, costs, and regulatory expansion but expressed willingness to collaborate on key priorities.

On March 18, 2026, the Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife held a hearing on the implementation of the Endangered Species Act (ESA), highlighting both its challenges and opportunities. Witnesses and lawmakers emphasized the need for more collaborative, science-based, and transparent approaches, with recommendations including increased state involvement, incentives for private conservation, and proactive planning to improve efficiency and outcomes.

On March 27, the U.S. Court of Appeals for the D.C. Circuit ruled that EPA and the Fish and Wildlife Service violated the ESA in granting Florida Clean Water Act §404 permitting authority, vacating key program approvals and supporting analyses. The court found significant legal deficiencies in the agencies’ environmental review, including inadequate species impact analysis, improper reliance on streamlined processes, and failure to meet consultation requirements.

On March 26, the Western Governors’ Association submitted testimony to the House Appropriations Subcommittee outlining FY 2027 priorities focused on water infrastructure, energy systems, and federal-state collaboration. The governors emphasized the need for sustained funding, improved permitting efficiency, better data collection, and investment in modernization and resilience across western water and energy systems.