On September 4, the Army Corps of Engineers (USACE) hosted a preliminary meeting of the Western Water Cooperative Committee (WWCC) to discuss some organizational logistics and administrative details. The WWCC was authorized by Congress in the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776) (P.L. 117-263). Division H contained the 2022 Water Resources Development Act (WRDA), and §8158 directs the Army Corps of Engineers to establish the WWCC and meet at least once a year in one of the Western States. The purpose of the WWCC is “to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between the operation of Corps of Engineers projects and water rights and water laws in such States.” This includes both USACE-owned flood control projects as well as reservoir projects constructed or operated by other federal, non-Federal, or private agencies that are subject to USACE flood control and navigation regulations and operational guidance under §7 of the 1944 Flood Control Act. A list of both kinds of projects is available in Engineer Regulation (ER) 1110-2-240, Appendices C and D. (See https://www.publications.usace.army.mil/portals/76/publications/engineerregulations/er_1110-2-240.pdf)
The membership of the Cooperative Committee includes: (1) the Assistant Secretary of the Army for Civil Works or a designee, currently filled by designee Lee Forsgren, Principal Deputy Assistant Secretary of the Army (Civil Works); (2) the Chief of Engineers or a designee, currently filled by designee Ryan Fisher, Acting Deputy to the Deputy Commanding General for Civil and Emergency Operations; (3) two representatives from each Western State appointed by the governor and the attorney general, and (4) one employee from each of the impacted regional offices of the Bureau of Indian Affairs (BIA). Of the Western State representatives, all of the governor appointments have been sent to USACE, with four recent appointees pending affirmation from the Secretary of Defense (New Mexico, South Dakota, Texas, and Washington.) For the attorney general representatives, three appointees are pending affirmation (Nevada, Oregon, and Utah), and two representatives have not yet been appointed (South Dakota and Texas). BIA regional representative appointments are in progress.
The first formal meeting is tentatively scheduled for December 1-5 in Bismarck, North Dakota. The duration of the meeting will depend in part on the topics WWCC members wish to discuss during the meeting. WWCC members are invited and encouraged to submit their topics to the WWCC Chair, Chris Brown, and copy the WSWC Deputy Director, Michelle Bushman, no later than September 17, 2025.
Other administrative points on the call included the roles of the USACE designated federal officer, Sean Smith, and alternate federal officer, Virginia Rynk; the need for timely information from all representatives for travel orders to ensure reimbursement of travel costs to the December meeting; and the importance of having a quorum present in person at the meeting (which will be a majority of approved members). The WWCC will develop recommendations to ensure flood control projects align with congressional directives, with a focus on minimizing conflicts with water rights and laws.
The USACE has created a WWCC website: https://www.usace.army.mil/Missions/Civil-Works/Project-Planning/Legislative-Links/WRDA-2022/Western-Water-Cooperative-Committee/
Additional information is also available at the WSWC website: https://westernstateswater.org/topical-resources/western-water-cooperative-committee/