[House Hearing, 110 Congress] [From the U.S. Government Publishing Office] COMPREHENSIVE WATERSHED MANAGEMENT AND PLANNING: DROUGHT-RELATED ISSUES IN THE SOUTHEASTERN UNITED STATES ======================================================================= (110-106) HEARING BEFORE THE SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT OF THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION __________ MARCH 11, 2008 __________ Printed for the use of the Committee on Transportation and Infrastructure ---------- U.S. GOVERNMENT PRINTING OFFICE 41-492 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE JAMES L. OBERSTAR, Minnesota, Chairman NICK J. RAHALL, II, West Virginia, JOHN L. MICA, Florida Vice Chair DON YOUNG, Alaska PETER A. DeFAZIO, Oregon THOMAS E. PETRI, Wisconsin JERRY F. COSTELLO, Illinois HOWARD COBLE, North Carolina ELEANOR HOLMES NORTON, District of JOHN J. DUNCAN, Jr., Tennessee Columbia WAYNE T. GILCHREST, Maryland JERROLD NADLER, New York VERNON J. EHLERS, Michigan CORRINE BROWN, Florida STEVEN C. LaTOURETTE, Ohio BOB FILNER, California FRANK A. LoBIONDO, New Jersey EDDIE BERNICE JOHNSON, Texas JERRY MORAN, Kansas GENE TAYLOR, Mississippi GARY G. MILLER, California ELIJAH E. CUMMINGS, Maryland ROBIN HAYES, North Carolina ELLEN O. TAUSCHER, California HENRY E. BROWN, Jr., South LEONARD L. BOSWELL, Iowa Carolina TIM HOLDEN, Pennsylvania TIMOTHY V. JOHNSON, Illinois BRIAN BAIRD, Washington TODD RUSSELL PLATTS, Pennsylvania RICK LARSEN, Washington SAM GRAVES, Missouri MICHAEL E. CAPUANO, Massachusetts BILL SHUSTER, Pennsylvania TIMOTHY H. BISHOP, New York JOHN BOOZMAN, Arkansas MICHAEL H. MICHAUD, Maine SHELLEY MOORE CAPITO, West BRIAN HIGGINS, New York Virginia RUSS CARNAHAN, Missouri JIM GERLACH, Pennsylvania JOHN T. SALAZAR, Colorado MARIO DIAZ-BALART, Florida GRACE F. NAPOLITANO, California CHARLES W. DENT, Pennsylvania DANIEL LIPINSKI, Illinois TED POE, Texas DORIS O. MATSUI, California DAVID G. REICHERT, Washington NICK LAMPSON, Texas CONNIE MACK, Florida ZACHARY T. SPACE, Ohio JOHN R. `RANDY' KUHL, Jr., New MAZIE K. HIRONO, Hawaii York BRUCE L. BRALEY, Iowa LYNN A WESTMORELAND, Georgia JASON ALTMIRE, Pennsylvania CHARLES W. BOUSTANY, Jr., TIMOTHY J. WALZ, Minnesota Louisiana HEATH SHULER, North Carolina JEAN SCHMIDT, Ohio MICHAEL A. ACURI, New York CANDICE S. MILLER, Michigan HARRY E. MITCHELL, Arizona THELMA D. DRAKE, Virginia CHRISTOPHER P. CARNEY, Pennsylvania MARY FALLIN, Oklahoma JOHN J. HALL, New York VERN BUCHANAN, Florida STEVE KAGEN, Wisconsin ROBERT E. LATTA, Ohio STEVE COHEN, Tennessee JERRY McNERNEY, California LAURA A. RICHARDSON, California VACANCY (ii) Subcommittee on Water Resources and Environment EDDIE BERNICE JOHNSON, Texas, Chairwoman GENE TAYLOR, Mississippi JOHN BOOZMAN, Arkansas BRIAN BAIRD, Washington JOHN J. DUNCAN, Jr., Tennessee DORIS O. MATSUI, California WAYNE T. GILCHREST, Maryland JERRY F. COSTELLO, Illinois VERNON J. EHLERS, Michigan TIMOTHY H. BISHOP, New York FRANK A. LoBIONDO, New Jersey BRIAN HIGGINS, New York GARY G. MILLER, California RUSS CARNAHAN, Missouri ROBIN HAYES, North Carolina JOHN T. SALAZAR, Colorado HENRY E. BROWN, Jr., South MAZIE K. HIRONO, Hawaii Carolina HEATH SHULER, North Carolina TODD RUSSELL PLATTS, Pennsylvania HARRY E. MITCHELL, Arizaon BILL SHUSTER, Pennsylvania JOHN J. HALL, New York CONNIE MACK, Florida STEVE KAGEN, Wisconsin JOHN R. `RANDY' KUHL, Jr., New JERRY MCNERNEY, California, Vice York Chair CHARLES W. BOUSTANY, Jr., ELEANOR HOLMES NORTON, District of Louisiana Columbia JEAN SCHMIDT, Ohio BOB FILNER, California CANDICE S. MILLER, Michigan ELLEN O. TAUSCHER, California THELMA D. DRAKE, Virginia MICHAEL E. CAPUANO, Massachusetts ROBERT E. LATTA, Ohio GRACE F. NAPOLITANO, California JOHN L. MICA, Florida MICHAEL A ARCURI, New York (Ex Officio) JAMES L. OBERSTAR, Minnesota (Ex Officio) (iii) CONTENTS Page Summary of Subject Matter........................................ vi TESTIMONY Begos, Kevin, Executive Director, Franklin County Oyster and Seafood Industry Taskforce and Riparian County Stakeholder Coalition...................................................... 10 Boyd, Hon. Allen, a Representative in Congress from the State of Florida........................................................ 5 Burch, Tim, Board Member, Georgia Peanut Commission.............. 10 Feldt, J. John, Hydrologist-in-Charge, National Weather Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce......................................... 30 Hamilton, Sam D., Regional Director, Southeast Region, U.S. Fish and Wildlife Service, Department of the Interior............... 30 Hunter, Robert J., Commissioner of the Department of Watershed Management, City of Atlanta.................................... 10 Johnson, Jr., Hon. Henry C., a Representative in Congress from the State of Georgia........................................... 8 Lewis, Hon. John, a Representative in Congress from the State of Georgia........................................................ 4 Schroedel, Brigadier General Joseph, Commander, South Atlantic Division, U.S. Army Corps of Engineers......................... 30 Weaver, Jess D., Regional Executive, Southeast Area, U.S. Geological Survey, Department of the Interior.................. 30 PREPARED STATEMENT SUBMITTED BY MEMBERS OF CONGRESS Boyd, Hon. Allen, of Florida..................................... 44 Carnahan, Hon. Russ, of Missouri................................. 47 Costello, Hon. Jerry F., of Illinois............................. 48 Everett, Hon. Terry, of Alabama.................................. 50 Johnson, Jr., Hon. Henry C., of Georgia.......................... 57 Lewis, Hon. John, of Georgia..................................... 59 Mitchell, Hon. Harry E., of Arizona.............................. 61 PREPARED STATEMENTS SUBMITTED BY WITNESSES Begos, Kevin..................................................... 63 Burch, Tim....................................................... 68 Feldt, John...................................................... 73 Hamilton, Sam D.................................................. 80 Hunter, Robert J................................................. 92 Schroedel, Brigadier General Joseph.............................. 202 SUBMISSIONS FOR THE RECORD Westmoreland, Hon. Lynn A., a Representative in Congress from the State of Georgia, report on water resources programs in Atlanta 22 ADDITIONS TO THE RECORD Apalachicola Riparian County Stakeholder Coalition, David McLain, Coordinator, written statement................................. 210 Water Resources Coalition, written statement..................... 213 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] HEARING ON COMPREHENSIVE WATERSHED MANAGEMENT AND PLANNING: DROUGHT- RELATED ISSUES IN THE SOUTHEASTERN UNITED STATES ---------- Tuesday, March 11, 2008 House of Representatives, Committee on Transportation and Infrastructure, Subcommittee on Water Resources and Environment, Washington, DC. The Subcommittee met, pursuant to call, at 10:00 a.m., in Room 2167, Rayburn House Office Building, the Honorable Eddie Bernice Johnson [Chairwoman of the Subcommittee] presiding. Ms. Johnson. I would like to call the Subcommittee to order and immediately apologize for being late. Today, we will be holding a hearing on Comprehensive Watershed Management and Planning and the Drought-Related Issues in the Southeastern United States. As many of you know, the Chairman is unable to attend this morning's hearing because he is undergoing a medical procedure. I would like to ask, therefore, for unanimous consent that his statement along with that of any other Members of the Committee be entered into the record. Ms. Johnson. It is a Committee practice not to ask questions to the Members, and I request unanimous consent that Congressman Westmoreland can sit in the Committee. I, first, want to also welcome Mr. Boozman who is the new Ranking Member. I am delighted to have him; he is from Arkansas. I have worked with Mr. Boozman on numerous occasions, and I look forward to a productive relationship on this Committee. I would like to also acknowledge Congressmen John Lewis and Hank Johnson as well as other Members of the Georgia Congressional delegation for requesting the Subcommittee to hold this hearing on the southeastern drought. This group is all too aware of the scarcity of water that grips that region and, ultimately, the country and of the need to resuscitate a dialogue to resolve the ongoing disputes over water resources between Georgia, Florida and Alabama. Congressman Allen Boyd of Florida will also provide testimony today on the impacts of the ongoing water dispute in his district. So, thank you all for being here and holding this hearing on drought issues in the southeast and the need for proactive water resources management. I want to emphasize that the road to an equitable solution lies not in the courts but at the negotiating table. I would encourage the governors of Georgia, Florida and Alabama to return to their talks and, once and for all, resolve the water disputes that are impacting the region so dearly. I was planning to have said this to the governors myself but, to our surprise, they did not come. I think all three of them declined the invitation to testify at this hearing. Given that the Tristate Drought Agreement negotiations recently collapsed, I am very disappointed that the governors would neither appear themselves or send any member of their staff to testify today. Alabama, Florida and Georgia have been fighting each other and the Federal Government in the courts since 1990 with the collapse of talks that had been facilitated by the U.S. Department of Interior. It, unfortunately, seems that the rivers will run even drier as this drought continues, and unending litigation will flow on and on. While they did not show up today, an ACF compact can be reached if the governors of these three states demonstrate the commitment to arrive at an equitable arrangement_but first they must show up. Effective water resources management in the southeast requires an effective partnership between the Federal and State governments. In periods of drought, this is even more the case. The Federal Government can provide a host of services to the States. These range from management of facilities to drought forecast and technical assistance to facilitating negotiations as Interior Secretary Kempthorne did earlier this year. However, for this partnership to be effective and for these services to be utilized, the States must embrace them. Similarly, for Federal services and expertise to be useful for the States, the Federal Government must encourage negotiations and offer services before a drought takes place. Otherwise, we will just end up behind the curve, setting ourselves up for more fights in the courts. This point is underscored by the fact that river basins across the southeast are under stress as a result of ongoing drought. The Catawba and Broad River Basins in North and South Carolina, the Neuse River Basin in North Carolina, and basins throughout the Tennessee Valley are experiencing drought conditions. All of these require steadfast and determined work by the States and Federal agencies working in concert with one another. Along these lines, this Subcommittee looks forward to the future when it will explore new watershed approaches and strategies to water quality protection and water resource management. I welcome our witnesses here today, and I now yield to Mr. Boozman for his opening statement. Mr. Boozman. Thank you very much, Madam Chair, and I certainly look forward to working with you and your staff and appreciate your leadership. While I appreciate the Subcommittee holding a hearing on this very important issue, I hope that today the Committee will focus on solutions to the problem rather than just describing the ongoing controversy in one watershed. Congress begins the hard work of tackling one of the most important and difficult environmental and economic issues facing our Nation, ensuring we have an adequate supply of clean water. We need water for our homes, farms and factories. Water also supports navigation, generates power and sustains our environment. Communities cannot grow or even exist without adequate water. As we enter the 21st Century, demands for water are growing and are outstripping supplies in many areas, both in the west and east, leading to disputes over water supply and allocation. The drought of 2007 in the east has made it clear that while water may be abundant in many areas, it is not limitless and even our Nation's most water-rich regions can run dry. Between 1990 and 2000, water use in Georgia increased 30 percent, and officials are still grappling with how to provide for a projected doubling of demand over the next 30 years. The drought has had real-life consequences as well. According the Metro Atlanta Landscape and Turf Association, almost 14,000 in landscaping-related industries have lost their jobs in Georgia alone. Policy makers can no longer ignore this issue. We need to start planning for the future and help start that planning process by looking at our Nation's available water supply and the projected demand for water in the future. One way to begin is for this Committee to favorably report H.R. 135, the 21st Century Water Commission Act as written by our colleague from Georgia, Mr. Linder. We have passed this legislation in overwhelming fashion in each of the last two Congresses, and we should do it again in the 110th Congress. Another thing we can do is have a hearing to look for ways we might be able to expand or adapt existing Federal services in a way that would encourage States and regions to engage in long-term water management planning. The State of Texas is widely recognized as having one of the best water planning approaches in the Nation, yet we are not hearing from them today. Let's hear from their experience and see what we can learn. In addition, the Tennessee Valley Authority recently updated their reservoir operations manual and has proven to be very effective in addressing drought in the Tennessee Valley. Let's hear from them and other Federal agencies to see what we can learn. Ultimately, States have the primary role in addressing water supply issues, but Congress needs to begin laying the groundwork to ensure we are fulfilling our obligations by requiring the Federal Government to operate in a coordinated and efficient manner to guarantee an adequate and safe water supply for the 21st Century. While I wish we were discussing solutions and I hope we will discuss solutions today, I really look forward to hearing from our witnesses. Thank you, Madam Chair. Ms. Johnson. Thank you. Are there any opening statements? Okay, we will go right to our witnesses. We are pleased to have a very distinguished panel of witnesses on our first panel this morning. First, we have Congressman John Lewis of the 5th District of Georgia. Next, we have Congressman Allen Boyd, the 2nd District of Florida. Our final witness on the first panel is Congressman Hank Johnson from Georgia's 4th District. Your full statements will be placed in the record. We ask that the witnesses try to limit their testimony to five minutes oral summary of their written statements as a courtesy to other witnesses. We will continue to proceed in the order in which the witnesses are listed on the call. Congressman Lewis. TESTIMONY OF THE HONORABLE JOHN LEWIS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF GEORGIA Mr. Lewis. Thank you very much. I would first like to take this opportunity to thank my good friends and colleagues, Chairwoman Johnson and Ranking Member Boozman, for agreeing to hold this important hearing. Georgia is in crisis, Madam Chairwoman, and I want to tell you how much I appreciate your Subcommittee's attention to this important matter. Georgia is going through a harsh drought. The lack of water has hurt the environment, hurt the local economy and disrupted the lives of Georgia citizens. I will continue to work with leaders in Atlanta, across Georgia, throughout the southeast and in Washington to protect our vital water supply. Water is the most essential resource that we have. Water is necessary to survive. If you don't have water, you don't have much of anything. What we have with today's hearing is an opportunity, an opportunity to share on record and in the public's eye how our water is actually being distributed, why reserves in Lake Lanier continue to be depleted and where negotiations between Alabama, Florida and Georgia went wrong. I am very disappointed that the governors from these three States declined your invitation to appear here today and explain and discuss how, after 5 months of negotiations, discussions were allowed to collapse. The States play such a key role in these issue, and the fact they would choose not to come here today and take part in this dialogue is upsetting. Today, we lay out for the public to see what is really going on and how our most precious resource is being allocated. We have called the Federal agencies who manage our water here today to testify, to explain to us how water reserves have fallen to such a dangerous level. Yet, we also have invited them here to ask the questions: Are the resources of your agencies being utilized by the States? Are State, local and Federal agencies and officials working together to the fullest extent possible? And, finally to ask them, what needs to change? One area where change is long overdue concerns the outdated water control manuals that govern water released from Georgia's key reservoirs. These manuals are not meeting the needs of Georgia's citizens. It is unacceptable that such important plans are over 40 years old. Finally, after all of these years, the Army Corps has begun the process of updating these important manuals for both the ACF and the ACT river basins. Unfortunately, this process will take at least three years to complete, allowing for another three years of mismanagement. This three years timetable does not even take into account the politically motivated, obstructionist language in the Energy and Water Appropriations Bill which prohibits the updated manuals from being implemented. The time is now. We cannot afford to wait any longer. We need these changes. It is clear that our water policy is flawed. Our water policy is reactive. Water is too precious a resource not to have a long-term plan. Water management issues must be agreed upon before we face the type of crisis we are in today. The implementation of the new manuals by the Army Corps is a key component, but not enough. This will only change how the Army Corps manages their own projects. Madam Chairwoman and Members of the Committee, we need to take a step back. We need to see our water issues in the larger picture. We need a comprehensive watershed management study of the entire southeastern United States. I plan to introduce legislation that would do just that. The current piece-meal approach to watershed management does not work. Later today, I will introduce legislation that will direct the Army Corps of Engineers to study and develop recommendations to address current and future water needs in the southeastern United States. It is important to look at the water demands of Georgia, of Florida, of Alabama as individual States from the perspectives of the individual stakeholders, but this narrow-minded perspective is not enough. Water transcends State borders and political boundaries. We need to stop trying to find winners and losers and do what is right, what is necessary to work together. I hope this hearing serves as a new beginning in open and productive negotiations that bring everyone together to meet the long-term needs of the entire southeastern United States. Madam Chairwoman and Members of the Subcommittee, I want to thank you for bringing us here together and holding this hearing. Ms. Johnson. Thank you very much. I now welcome Congressman Allen Boyd from Florida's 2nd District and thank you for testifying today. TESTIMONY OF THE HONORABLE ALLEN BOYD, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA Mr. Boyd. Chairwoman Johnson, Ranking Member Boozman and Members of the Subcommittee, thank you very much for convening this hearing on this most important topic. I apologize for my voice, but that can't be helped. Maybe some good water will help fix it. I listened very carefully to both of your opening comments, and I want to say that both of you are right on. Long-term planning is the only solution to this very severe problem that we have. We don't necessarily have to plan for stormy times, but we do have to plan for droughts, and your comments in your opening statements were right on. For almost 20 years, the Apalachicola-Chattahoochee-Flint water sharing disagreements have presented numerous challenges to the local, State and Federal officials. In order for us to responsibly address this issue, we must look at the bigger picture and tackle both short-term and, as you described, long- term problems. My testimony before the Subcommittee today will focus on the need for the States to plan for their own water needs which Georgia has just only now begun. I have been involved in the Apalachicola River Basin issues along the Florida coast for all of my 19 years in public life. I have worked closely with the water management districts of Florida, especially as they began to focus on regional water supply needs in the late 1970s when water supply issues in the western panhandle were very severe as a result of the 1977 drought. When Florida chose to focus on these water issues over 30 years ago, the Florida legislature created five water management districts by a State constitutional amendment. Actually, they were created in the constitution, and they were given broad statutory authority by the State legislature. We chose to do five regional districts rather than having one State czar, if you will. That way, we thought we could maintain better working relations and more local control. These water management districts were given ad valorem taxing authority in the constitution as well as their statutory authority which includes programs such as land acquisition, regulation, construction, land management and water resource preservation. Again, these water management districts have been constitutionally authorized for over 30 years. I commend the Florida model, Madam Chair, to my friends from Georgia, from the north, as many other States have looked at our model as a very good workable model. In 1982, we completed the first regional water supply development plan. In the late 1990s, the Florida legislature amended the Florida Water Resources Act, directing the State's five water management districts to comprehensively assess the adequacy of water supplies over a 20-year planning period. Let me say that again. In the 1990s, the Florida legislature directed the State's five water management districts to comprehensively assess adequacy of water supplies over a 20-year planning period and to develop regional water supply plans for these areas, identified as either having or being likely to develop future water supply problems. In response, the Florida water management districts established seven water supply planning regions and completed the first district-wide water supply assessments in 1998. In 2003, the demand projections from the assessments were updated through 2025. So, again, even after the turn of this century, we have updated those assessments through 2025. Based on the results of the assessments, the Water District Governing Board determined that water supply demands were not sustainable in three west Florida counties--Santa Rosa, Okaloosa and Walton--because of high concentrations of development taking place in those areas. The Board directed staff to develop a regional water supply plan to include water resource development and water supply development components. This plan was first developed in 2001 and updated in 2006. Thus, Madam Chair and Ranking Member Boozman, for the past 35 years, Florida has followed a long-term Statewide management strategy, while some of our friends to the north have allowed for unbridled development with little to no thought of its increased water needs. This second plan works well until you have a drought, but when you have a drought, all that goes out the window. On the ACF water sharing issue, I have been an advocate for Florida to receive our fair share of water. By the same token, I believe the solution to the water problems in the ACF Basin should be solved by the three States. I agree with John Lewis. Alabama, Florida and Georgia have to get together and solve this problem. They need appropriate oversight by the Federal Government. I believe that the three States should use a transparent process to include the following points: Number one, use independent and local experts to determine the water flows, at the river and the Apalachicola Bay, needed to maintain their productivity. Number two, set limits on water use within the tristate basin. For example, cap the water use to ensure that the river flow requirements can be met. Three, assess the water conservation potential among all users in the basin--agricultural, municipal and industrial--and determine the most cost-effective investments and who will pay for them. And, fourthly, embody these agreements in a durable, tristate compact with strong enforcement mechanisms. Madam Chair, fundamental inequities that currently exist between the States also need to be corrected. Let me give you an example. In Florida, if you go to apply for a building permit, you have to demonstrate that sustainable fresh water already exists to support that new usage for that building permit. Georgia does not require this as part of its new development process. This is the long-term planning part that I am talking about. The recent ruling in the D.C. Court of Appeals that overturned an award of 750 million gallons per day for Atlanta needs to find immediate implementation in actions by the Corps of Engineers to modify the current Exceptional Drought Operations Plan and release the increased amount of water downstream. If Georgia seeks to get municipal and industrial water supply added as a Congressionally authorized use for the waters in Lake Lanier, then there should be another Congressionally authorized use added for the protection and preservation of the health, ecology and productivity of the Apalachicola River, flood plain and estuary. I also believe that Congress should have close oversight over the Corps of Engineers' development of an updated water control plan for the ACF system, including a comprehensive scope for the environmental impact assessment. Madam Chair, I am very excited to have members of the Apalachicola River Riparian County Stakeholders Coalition in Washington, D.C. for your important hearing. Kevin Begos, who is the Executive Director of the Franklin County Oyster and Seafood Taskforce and a member of the Stakeholders Coalition, will testify before your Committee. Kevin is on the front lines of the water sharing issue, and I am confident that he will be a strong voice to speak for our interests before the Subcommittee. Kevin will be joined by other members of the Coalition including Dave McLain of the Apalachicola Riverkeepers, Commissioner Smokey Parrish with the Franklin County Commission and Chad Taylor representing Jackson County on the Riparian Coalition. Their combined expertise and insight on this issue will be invaluable. Madam Chair, thank you again for holding this hearing, and I look forward to working productively with you and my friends from Alabama and Georgia to find long-term good solutions. Thank you much. Ms. Johnson. Thank you very much. Now we will hear from Congressman Johnson. TESTIMONY OF THE HONORABLE HENRY C. JOHNSON, JR., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF GEORGIA Mr. Johnson. Madam Chair Johnson, Ranking Member Boozman, thank you for holding this hearing on Comprehensive Watershed Management and Planning: Drought-Related Issues in the Southeastern United States. I look forward to the testimony of the distinguished panel of witnesses, and I thank you for your efforts. Thank you also for the opportunity to address the Subcommittee on Water Resources and the Environment on such an important issue for my State and my district. As you know, Georgia and much of the southeast is in the third year of what many are calling the worst drought in recorded history. The drought has arrived at a particularly poor time as the manuals directing how the water in the ACT and ACF river basins is managed have not been updated in decades. The U.S. Army Corps of Engineers, charged with the difficult task of managing these two systems in normal years, was initially forced to manage this extraordinary drought without a plan and is now operating under an Exceptional Drought Operations Plan which will expire in the coming months. Meanwhile, the governors of Georgia, Alabama and Florida, failing to reach an agreement on long-term water use allocation, the people of Georgia and the entire region are becoming increasingly frustrated. It is clear, Madam Chair, that the complete failure to properly manage these river basins over the years has led directly to the situation we are currently in. It is deplorable that Federal agencies and elected leaders have been unable to work together to ensure that millions of people across the southeast have adequate access to water for drinking, power generation, fishing and recreation. Unfortunately, these are the facts and there was no plan in place to deal with this drought when it arrived, further exacerbating the situation. Georgians now face very strict restrictions on water use, and municipal water systems across the State are required to reduce their consumption by 10 percent or face steep fines which will then be passed on to already strapped ratepayers. Like my colleagues from the region, I am concerned about the impact that failure to reach a long-term agreement will have on the economy of the southeast. Many small businesses, already squeezed by high gas prices, are now further squeezed by the water restrictions. Many larger businesses may decide not to locate in Georgia, and the millions of people who are expected to move to the region may choose instead to relocate elsewhere. Faced with dramatic increases in their water bills and increasingly strict restrictions on how they can use their water, the people back home want a plan for managing this crisis and a plan for preventing another similar crisis. Federal agencies and elected officials must continue to work toward both a long-term allocation of water as well as a short-term plan for managing this drought. It is unacceptable that negotiations have broken down while the people of this region grow increasingly worried. I, however, am very proud of the citizens of Georgia as they have shown a remarkable ability to come together and adapt. Georgians have met and, in many cases, exceeded the governor's mandated 10 percent reduction in water use. This is a remarkable achievement for a State and a metropolitan area that is rapidly growing, and it shows the commitment to conservation that Georgians are making. This drought has awakened many people to the fact that Atlanta has a very tenuous supply of water. Conservation must be an integral part of an agreement on water allocation, yet the region must also consider options for increasing the amount of storage capacity in order to accommodate the projected growth. I am hopeful that as a result of this hearing and others, the continued involvement of the Secretary of the Interior as well as the Congressional delegations from Georgia, Alabama and Florida, that a workable solution will soon be reached. Once again, I applaud the efforts of the Chairwoman and the Members of this Subcommittee, and I thank you for the opportunity to be present here today. Ms. Johnson. Thank you very much, Congressman Johnson, and I thank all of the members of this first panel. You may now be excused, and we will go with the second panel. Thank you very much for your valuable participation this morning. Our second panel of witnesses consists of Mr. Robert Hunter, Commissioner for the City of Atlanta's Department of Watershed Management, Mr. Kevin Begos testifying on behalf of both the Franklin County Oyster and Seafood Taskforce as well as the Riparian County Stakeholder Coalition, and our final witness is Mr. Tim Burch, a board member from the Georgia Peanut Commission. Your statements will be placed in the record, and we ask that you try to limit your testimony to about five minutes as a courtesy to other witnesses. Again, we will proceed in the order in which the witnesses are listed on the call. So, Mr. Hunter, you may proceed. TESTIMONY OF ROBERT J. HUNTER, COMMISSIONER OF THE DEPARTMENT OF WATERSHED MANAGEMENT, CITY OF ATLANTA; KEVIN BEGOS, EXECUTIVE DIRECTOR, FRANKLIN COUNTY OYSTER AND SEAFOOD INDUSTRY TASKFORCE AND RIPARIAN COUNTY STAKEHOLDER COALITION; TIM BURCH, BOARD MEMBER, GEORGIA PEANUT COMMISSION Mr. Hunter. Thank you, Madam Chair and distinguished Members of the Subcommittee, for holding this hearing and allowing me to testify. I am here in my capacity as the Commissioner of the Department of Watershed Management for the City of Atlanta with responsibilities for the drinking water, wastewater and stormwater systems in serving over 1.2 million people daily. I also represent the water supply providers for Metro Atlanta's five million people. The southeastern United States is currently experiencing a drought of record proportions. Unfortunately, the effects of these drought conditions on the Federal reservoirs and those who depend upon them have been exacerbated by management decisions driven by litigation rather than sound science or effective resource management. What is needed is cooperative, responsible stewardship of the region's water resources for all users. The implementation of science-based sustainable operating plans for the southeast region's reservoirs is the essential first step in moving to a future of sound regional water resource management. We know that such a plan is possible because the water supply providers of the Metro Atlanta area have done the research and developed an alternative plan that is better for all users including protected species and recreation. That is what I would like to discuss today. We have all seen the media coverage of last year's exceptional drought and water crisis and, while we are now in the last month of our rainy season, it is important to note that we are already two and a half inches short of rainfall this year. The drought continues. Knowing that we set records for low water levels last year, it is sobering to note that Lake Lanier water levels are currently almost 13 feet lower than this time last year. If drought conditions persist this summer as predicted, the result could be devastating for the entire ACF Basin. The need for action is immediate. What are the causes of these dangerous water levels? First of all, we are in a record drought. All users should expect significant impacts and all users should be taking appropriate conservation measures. More importantly, it is the management plan implemented by the Corps that has turned a natural disaster into a crisis. The operating plan that caused this crisis is the interim operating plan for the Jim Woodruff Lock and Dam, the IOP adopted in March, 2006. This operating plan is not sustainable because it requires large releases from reservoir storage to meet artificially high minimum flows at the Florida line without ever allowing the reservoirs to refill, in particular Lake Lanier. This unsustainable plan nearly emptied the Federal reservoirs and throughout the system in a crisis in 2007. From May to November, 2007, the water delivered from the Federal reservoirs in the Chattahoochee River to the Apalachicola River amounted to 220 percent of the river's natural unimpaired flow. What is not the problem is that there isn't enough water. The problem is how we manage the water and especially the reservoir system. Some basic facts on water use in the ACF: Metro Atlanta, annual net consumptive use is only 1 percent of the total volume at the Georgia-Florida State line in normal years and less 2 percent during drought years; 4.5 million people; 72 percent of the basin population use less than 2 percent of the water. Comparison to other users: Flint River irrigation, the annual average is 165 percent of the Metro Atlanta use. Peak use is 313 percent for irrigation. The evaporation from reservoirs is 83 percent, and the Port St. Joe diversion from the Apalachicola Basin is 50 percent of the Metro Atlanta use. Protected species requirements for discharge are 20 times that of Metro Atlanta's consumption and the spring sturgeon release is 72 times the volume. All these uses are significant and important, but all users need to be part of the solution and take appropriate conservation measures. A few quick notes on conservation in the Metro area: The North Metro Atlanta Water District has strict conservation in the plan for the Metropolitan North Georgia area. We have a virtual ban on outdoor water use. An example from the City of Atlanta, in 2004, we committed almost $1 billion towards water system improvements. We had tiered conservation pricing. Since that time, we have replaced 55 miles of old pipes with new main. We are moving from design to construction of almost $325 million in new water mains. We are repairing more than 800 leaks per month to our water distribution system which saved 55 million gallons of water in 2005. And, you can grow and conserve water. Between the years 2000 and 2006, the City of Atlanta added 9 percent more water customers but was able to reduce total water consumption by 5.2 percent through water conservation and tightening up our system. What is the solution? First of all, the Corps must also conserve. The amount of water that can be saved through conservation pales in comparison to the amount that is continuing to be wasted through improper reservoir operation. It is literally a drop in the bucket. From the standpoint of Corps operations, the Corps needs to conserve storage to the maximum extent possible. First of all, the Corps needs to stop over-releases. The Corps, in recent weeks, has been making excess releases from Lake Lanier on the order of 400 to 500 cubic feet per second per day for no purpose. The amount of water that is being wasted each day is roughly twice the total amount of water the entire Metropolitan Atlanta area consumes in a day. The Corps also needs to grant Georgia's request to reduce the flow target at Peachtree Creek by 200 cfs. That is a water quality issue during the winter, not a water quantity issue. Not reducing this flow simply wastes water in Lake Lanier that we are very likely to need by late summer for all the users in the system. Finally, the Corps reservoir operations must change. We recommend that the Corps adopt a three-step recovery plan for Lake Lanier. The first step is to adopt an emergency recovery plan. To weather the current prices, the Exceptional Drought Operations Plan must be extended and modified to allow all reservoirs to refill. The second step is to replace the IOP with a better, more sensible plan to ensure we do not repeat the mistakes of 2006 and 2007. And, a third step for the longer term is to adopt a comprehensive water control plan for the ACF Basin that is based on facts and sound science. The City of Atlanta and the other metro area water supply providers strongly support the Corps' current initiative to update water control plans for the ACF Basin. We know this can be done because we have already found a way to do it. On January 10th, 2007, the water supply providers submitted a proposal to the Corps which we call the Maximum Sustainable Release Rule. Our proposal is attached as Exhibit C, and a summary explanation is attached as Exhibit D to my testimony. Our analysis shows that the alternative we propose could be better for all parties including the endangered species that inhabit the Apalachicola River. Ms. Johnson. Mr. Hunter, if you could just wrap up. Mr. Hunter. Madam Chair, thank you for allowing me to provide testimony on this important issue. Ms. Johnson. Thank you very much. I want the record to show that Congressman Bishop from Georgia is entering his testimony into the record. He is scheduled for two other places at the same time, which is not unusual around here. I would like to welcome now, Mr. Kevin Begos, testifying on behalf of the Franklin County Oyster and Seafood Taskforce as well as the Riparian County Stakeholder Coalition. You may proceed. Mr. Begos. Madam Chair and Committee Members, we would like to thank you all for this opportunity to testify on this issue of great importance to the people, economy and environment of north Florida, and we also thank Congressman Boyd for his support. I am speaking on behalf of nearly 2,000 people who work in the Franklin County seafood industry and for the people who live and work in the six-county region bordering the Apalachicola River. Last May, a period of extremely low flows on the Apalachicola River began and stayed that way for nearly six months, the longest recorded period of low flows since recordkeeping began in the early 1920s. As the river vanished, people and businesses began to suffer. The electric turbines that help supply the cities of Chattahoochee and Quincy fell silent, and electric bills began to spike. In the swamps, the Tupelo honey trees that help make the world's sweetest honey delivered just half their normal bounty to beekeepers. Then the lush aquatic grasses that normally cover the upper parts of Apalachicola Bay bean to die off, leaving nothing but barren sand and mud bottoms. The blue crabs disappeared, and fishermen pulled up pots mostly in vain. The summer progressed and soon the effects of the low flows could be seen everywhere. The white shrimp catches crashed to historic lows, and entire oyster bars died off from the combined stress of lack of fresh water and a huge wave of predators that came in from the Gulf. Even the color of the water in the bay changed. The entire ecosystem was impacted, and at this time we still don't know the full extent of the damage because the drought is not over. Madam Chair, this is not a case of people versus mussels. It is about finding a way for all the vital needs along the river to be fairly balanced, from cities to farms to seafood producers to the environment. The seafood industry drives our economy in Franklin County, and many of our neighbors upstream rely on the Apalachicola River. The bay is one of the most productive estuaries in the northern hemisphere, a nursery for species from all over the Gulf of Mexico. Recreational fishermen, commercial fishermen, beekeepers, the timber industry and the tourism industry all benefit from and depend on this natural chain. The National Oceanic and Atmospheric Administration has designated 246,000 acres of the lower river and bay as a National Estuarine Research Reserve, and the United Nations has also designated it as an International Biosphere Reserve which draws visitors from all over the world. Here are some details of what a lack of fresh water can do to the system: For generations, shrimp fishing has been a cornerstone of our economy. Yet, in 2007, the white shrimp harvest crashed by about 90 percent, and the brown shrimp harvest declined by 65 percent according to preliminary figures. Boats fell into disrepair and even sank at the dock, and shrimp houses fell silent too, depriving workers of paychecks. The blue crab catch from the bay in 2007 declined by about 70 percent from the previous year, and the flounder catch declined by about 30 percent. Even with different life cycles and feeding habits, all suffered. Our oyster fishery was hit when entire oyster bars died off during late summer and others failed to produce as they had in the past. So, virtually, our whole fleet of oystermen focused on one area of the bay, threatening to wipe it out. Though ample rainfall over the last three months has eased the pressure, any tristate agreement that fails to take the needs of the entire ecosystem into account could doom our river, bay and way of life by locking in low flows every year. Oysters play a key role in maintaining our water quality since they are filter feeders. If our oyster beds die off, we will head toward the same situation as Chesapeake Bay, where State and Federal authorities have spent vast sums trying to repair the damage done to nature. We say it makes moral and economic sense to protect what we have rather than to destroy and rebuild. Since the late 1960s, hundreds of millions of dollars have been spent, mostly by the State of Florida to put approximately 261,000 acres in Apalachicola River and Bay drainage basin into public ownership. Madam Chair, two closing points, much has been written and said about the disputes between these three States, but in fact the people of north Florida have much in common with our neighbors in Georgia and Alabama. There are deep family, cultural, economic and environmental ties. These river systems belong to us all, not to one. So we say, let's try to work together in a fair and open way to find a balanced solution based on science that meets your needs as well as ours. But to do that, the Federal Government and the States need to move away from closed door negotiations and start a transparent process with all interested parties including Congress. One final point, Madam Chair, some have suggested that these water disputes are simply a matter of big versus small, hinting that those areas with fewer people and less power must lose out. That would set a disastrous precedent not only for our region but for the entire Country. If some say that big must always win, that sets the stage for every minority to lose. That is not the American way. I will close with a nod to the sentiment about small places that Daniel Webster first expressed to the U.S. Supreme Court in 1818, which is still true today. The cities of Apalachicola, Wewahitchka, Blountstown and Chattahoochee are small, yet there are those that love them. The people and environment of north Florida deserve to be treated as equals, and we thank you and this Committee for giving us that opportunity. And, finally, Madam Chair, I would like to say that we had some updated statistics since I submitted written testimony, and we would like your consent to include those in the written record. Ms. Johnson. With no objection. Thank you very much. The Committee now will hear testimony from Mr. Burch. Mr. Burch. Good morning, Madam Chair and Members of the Subcommittee. My name is Tim Burch. I am a native of Baker County, Georgia, which is located in the southwest part of the State. We are part of the Flint River Basin. I have farmed with my brother and father all of my life and live on my grandparents' farm. I grow peanuts, cotton and raise beef cattle. I have served on the Georgia Farm Bureau advisory committees and have been a delegate to the National Cotton Council. I currently serve as Executive Board Member of the Georgia Peanut Commission, and I am also an elected Baker County Commissioner, serving since 1993. The extended drought in the southeast has dramatically impacted agriculture. Irrigation systems, which have become a necessity to produce crops, continue to expand at great expense to the operating costs of our businesses. Increases in energy costs have made our drought problem worse. There is no indication that energy costs will diminish in the 2008 crop year. Drought loses in Georgia during 2007 were approximately $800 million according to the Center for Agribusiness and Economic Development at the University of Georgia. Those losses came primarily from hay, pasture, cotton, peanuts and corn. The greatest losses were in pasture, approximately $265 million. The Center estimates that the 2007 drought had a total economic output impact of 1.3 billion in losses. Output losses are the total sales that are lost to the Georgia economy due to these direct losses reported for each commodity. My home county of Baker was one of the more severe drought counties in the State. Total peanut losses were four to eight million dollars. Cotton losses were six to eleven million dollars. Total losses in Baker County were estimated by the Center to be between 10 and 20 million dollars. This is a lot of money to take out of the economy of a small, sparsely populated rural county. Please note that Baker County has no manufacturing and only a few retailers and agriculture. The water issues in Georgia have been much debated for many years. There are clear concerns for both urban and rural areas. There are two key areas I would like to emphasize this morning for agriculture. First, individual producers recognize the importance water as a shared natural resource. Second, collectively, Georgia producers have participated in planning initiatives for water resources in our State and will continue to do so. With regard to production agriculture, farmers are applying new water conservation methods such as conservation tillage and technologies for irrigation, such as the precision application of water. This latter method is so critical to improving water use efficiency. The Flint River Soil and Water Conservation District recently testified before the House Agricultural Appropriations Subcommittee. The hearing focused on rural broadband issues. This may not appear on its face to be a concern that impacts water conservation, but new technologies advanced by the University of Georgia allow for more irrigation efficiency using internet technologies. Without broadband, this new water conservation efficiency technology is of little value to Georgia producers. In addition to helping our rural kids compete with urban school systems, broadband technology will assist farmers in water conservation. Whether you produce cotton, corn or peanuts in the southeast, irrigation will continue to expand or farmers will not be in business. We have to utilize the most efficient water conservation technologies possible to assure that we are not wasting this precious resource. Expanding rural broadband is a critical piece to this process. The Senate version of the 2007 Farm Bill contains a new conservation rotation program. If this program survives the Farm Bill conference, we believe it will add to water stewardship. The program provides incentives to farmers to practice better crop rotation. Flint River Soil and Water Conservation District estimates that since 2001 agricultural producers have saved over 13 billion gallons of water due to groundwater conservation practices. These savings were due to irrigation water management, conservation tillage, irrigation reservoirs, moisture monitoring and variable rate irrigation. With reference to our collective efforts in Georgia to resolve the water management issue, Georgia Farm Bureau Federation has taken the lead representing Georgia farmers in the State water plan development. Georgia farmers have supported augmenting our water supplies through all reasonable means including more reservoirs of various types, aquifer storage and recovery and desalination. The water plan has now passed the State legislature and become law. It establishes a framework for moving forward on Georgia's water issues. Georgia producers will continue to participate as the plan evolves. I appreciate the opportunity to testify today. We have very serious water issues in our State and the southeast. As one segment of Georgia's economy, we are striving to use the best technologies and conservation practices available to protect our water resources. We are actively involved in the State water management planning. We encourage the Congress to provide as many tools as possible to help southeastern producers use the best available process for conserving water. Thank you. Ms. Johnson. Thank you very much, Mr. Burch, and we will now hear questions from the Subcommittee for the second panel. I will begin by asking Mr. Hunter. Mr. Begos observed in his testimony that Florida links growth to water usage by requiring building permit applicants to demonstrate that there are sufficient water resources to support the proposed construction. What steps has the City of Atlanta taken to similarly ensure that the city's growth does not outstrip the water supplies? Mr. Hunter. I would answer with both a City of Atlanta and Atlanta Metro response to that question, Madam Chair. The Metropolitan North Georgia Water Planning District has been very active for the past several years in terms of our water supply plan and our water conservation plan in conjunction with the Georgia Environmental Protection Division. Only water withdrawal permits for the water utilities that are part of that plan--that includes not only the supply side but the water conservation requirements--are allowed. So, from a macro standpoint for the entire 5 million population region, we have an established control procedure in a plan tied into permitting. On the local level for the City of Atlanta, as I indicated, we have not only increased our population by 9 percent but decreased our consumption by over 5 percent through a very active program of capital investment, replacing 55 miles of water main, repairing over 800 leaks a month, of how we manage our water and how we conserve that water. We also have a million dollar program set up for retrofit rebates on plumbing fixture changes. We have a very aggressive water conservation plan and long-term planning so that we stay within the confines of our permitted capacity. Ms. Johnson. Thank you very much. Mr. Begos, what role do you think that Congress should play in ensuring that the economy and way of life of the north Florida oyster industry is maintained while ensuring that there is sufficient water for upstream users in Alabama and Georgia? Mr. Begos. Madam Chairwoman, we think it is partially just to give us opportunities to speak like this. As you noted, the governors of the three States did not appear here. We felt a little bit shut out from the process recently too. We think a more open process and also what Mr. Boozman referred to of providing some technical information and assistance to the States, and also to the Corps of Engineers and the States so that they can have economic impact studies of Apalachicola Bay. We believe there needs to be a new look at the whole economic impact of the Apalachicola Bay ecosystem and that should be integrated into water control manuals. Ms. Johnson. Thank you very much. Now let me ask this to Mr. Burch. Do you think that the new Georgia water management plan, recently enacted by the Georgia legislature, is an effective system to reduce water consumption and fairly distribute the cost of drought throughout the State and region? Mr. Burch. Madam Chair, I certainly hope that it is a good starting point. Ms. Johnson. Thank you. Mr. Boozman. Mr. Boozman. Thank you, Madam Chair. To the whole panel, we have been hearing a lot about comprehensive watershed planning, and my understanding is perhaps that we will go into that further this year. What role should the Corps of Engineers play in that as far as comprehensive watershed planning? Mr. Hunter, where do you see their role? Mr. Hunter. Mr. Boozman, I believe the Corps of Engineers has a central role to the comprehensive planning. This is not only a Federal and State but a local issue, and I would share my colleague's sentiments, his statements that local water providers and local users must have a seat at the table. The Corps, though, manages the projects along with the power companies in both the ACF and ACT. They control the water plans, the control plans for the projects. It is essential that they take that role. It is essential that it be a thorough, comprehensive evaluation and look at how to maximize the benefits to all the users, and the work that we have done on our modeling indicates that that is not only possible but readily implementable. Mr. Boozman. Very good. Mr. Begos. We believe the Corps does have a central role, but I would say there is also room for other agencies such as NOAA to provide technical support, perhaps National Marine Fisheries Service from our perspective and, most importantly, not just independent experts but even local experts in our case who have knowledge of our specific issues. Of course, I would say the same for my colleagues here, that they should have the right to bring in their independent experts and their local experts for their needs, so we can really have a comprehensive body of data, looking at the whole basin from Lake Lanier all the way down to Apalachicola Bay. Mr. Burch. I certainly feel that the Corps has the lead role. It is terribly important that they take into account all of the water supply issues in the State. Different basins have annual water recharge. We have been under a water restriction in the past in my area on irrigation, a moratorium on well- drilling, and it has been determined that our aquifer recharges on an annual basis. So it does need to be looked at independently. We have got to have representation when negotiations take place. Mr. Boozman. Some suggest that the Federal agencies can play a key role in helping municipalities switch to desalinization, other technologies. Other than funding, what role can the Federal Government play in that respect? Mr. Hunter. Desalinization, internationally, is a viable technology. We have some countries that are completely reversing the flow of their water from east to west, going to west to east, looking at desalinization as the source and water reuse. In the United States, desalinization is primarily a coastal technology. It is growing in popularity. Applications in the ACF Basin don't necessarily involve what is often discussed, which is the big pipeline to Lake Lanier. Atlanta is 250 miles to Savannah and over 300 miles to the Gulf of Mexico. It is a viable technology in terms of providing water closer to the source, whether that is Apalachicola Bay, whether that is the Apalachicola River or whether that is south Georgia in terms of agriculture. Certainly, something that could be a Federal role on a regional basis like that is a support of infrastructure funding. Mr. Boozman. As Atlanta grows, again in looking at alternatives to the lake, what are the impediments as far as building another reservoir or whatever? I am sure that you all have explored that. Mr. Hunter. Well, the metro area has explored a number of reservoirs and, of course, there are several hurdles to overcome there, one of which would be the permitting. Another one would be the substantial cost. Land prices and population have changed a bit in the north Georgia mountain areas since the early fifties. Another aspect, though, that is going on is smaller reservoirs. For example, the City of Atlanta recently purchased a granite quarry which will provide us almost 2 billion gallons of offline storage and will help us extend our water use by managing it, being able to take in flows during high flow periods and save those for summer months. That will extend our water use, our water permit viability by over 15 years. Mr. Boozman. Thank you, Madam Chair. Ms. Johnson. Thank you very much. Mr. McNerney. Mr. McNerney. Thank you, Madam Chair, and I want to thank the panel for coming here this morning. You know this is a wakeup call or more than a wakeup call to the eastern part of the Country. We have seen a lot of these things you are talking about in California for many decades now. For example, the San Joaquin River runs through my district. It used to be a navigable river. Now it is a dry riverbed, and that degraded ecosystem has basically shut down livelihood. People that made a living on the river are now long gone. There are also conflicts between the populated areas that want the water and the rural areas that have the water. I don't want to point fingers, but certain parts of the State have been known to take water from other regions of the Country, and we have to make sure that when we go down that path that we do it carefully and in a way that takes care of both needs. We can't take water for granted, and we need a rationale and flexible--flexible--approach. We need to capture more fresh water when there is a large flow without adversely impacting natural systems. What sort of alternatives are there to reservoirs in the Georgia area that would be useful? I mean, in California, we can recharge groundwater in ways, but I don't if that is viable in Georgia. Mr. Hunter. No, sir. There are a few distinct differences between the situation in north Georgia and most of the California major water projects. For one, only 5 percent of the drainage basin is above Lake Lanier or a little bit more than 1,000 square miles to recharge that lake. That is why even if we get a normal rainfall pattern now, it will probably take three to four years to fill Lake Lanier under current operating plans. The other issue is that we essentially have a thin layer of red Georgia clay over solid granite. I am constructing some very large eight mile long tunnels in Atlanta as part of our Corps project now, and we are boring through solid granite. There are very minor groundwater resources, none sufficient to use to run a large municipal water system. So what we have as a water resource is a small drainage basin, 100 percent surface water that is controlled by the Corps projects. Mr. McNerney. That is what bothers me. We want to look for the way the Fed can help, but the needs are so different depending on what region of the Country you are in, I am, therefore, afraid that mandates would be counterproductive. Do you have any suggestions on how we could build a Federal involvement that would be beneficial across the Nation? Mr. Hunter. Well, certainly, Representative Linder's plan, in terms of the studying and active involvement of multiple groups at all levels in formulating the plan, will be a large help. In the case of Georgia, we certainly are using the experiences and using the knowledge of the western United States as they have gone through that process and the negotiations of the Colorado River and other areas of the west. Perhaps the greatest immediate resource is the sharing of that knowledge as we try to solve this problem that is growing throughout the eastern United States. Mr. McNerney. Well, it is clear that the problem is not going to get better by itself. So I look forward to working with the panel and Members of the Committee to finding rational solutions to this and a flexible way to move forward. I yield back. Ms. Johnson. Thank you very much, Congressman. Congressman Duncan. Mr. Duncan. Well, thank you, Madam Chairwoman, and thank you for calling this very important hearing. I am sorry that a very large school group ran late, and I didn't get to hear the testimony. This problem of the drought in our region has become so serious that there has even been talk in the Georgia legislature about movement of the Georgia-Tennessee border, and there have been a lot of jokes about this proposal, but this is a pretty serious problem. The Knoxville News Sentinel published an editorial just a couple of days ago, and they wrote this. They said: ``The effects of drought are well documented. The Tennessee Valley Authority reported a loss of $17 million in the first quarter of the 2008 year, and the drought is one of the main reasons. In November, reports revealed the reservoirs in Atlanta were close enough to the bottom that dirtier water that contained more bacteria was going to need more expensive purification.'' The Sentinel said now is the time to take a serious look at our water resources and how they are managed, and I think this hearing is an important part of that. On the other hand, over the years, we have had many studies that are on the shelves, and I think people would prefer that we have less studying and more action on some of these problems. We have heard testimony about duplication or various agencies--local, State and Federal--going sometimes in different directions. But about four years ago, we had T. Boone Pickens, the great entrepreneur, in here, who made just an unbelievable fortune off of oil, and he is out buying up water rights in Texas because as one article said in the New York Times. It said water is going to be the oil of the 21st Century, and there are even predictions that there will be wars fought over water in some parts of the world. So this is something that we can't overemphasize the seriousness of what we are dealing with. The problem, it seems to me, I read in the National Journal about three weeks ago that two-thirds of the counties in this Nation are losing population, and that surprises many people, but all over the Country the small towns and rural areas are losing population or barely holding on. People say they want land around them, but they really do not. They still want to be near the malls and the restaurants and the movie theaters. I represent Knoxville and the surrounding area and the tremendous growth in Tennessee is in a circle around Nashville and in a circle around Knoxville, and I am very familiar with the growth that has occurred in and around the Atlanta area. I don't know what the answers are, what all the answers are, but I will tell you that in most of the rapidly developing countries around the world, they do these infrastructure projects in about a third of the time that we do them in. We take 10 years to study a problem before we really act on it. In fact, this is not water, but the newest runway at the Atlanta Airport took 14 years from conception to completion mainly because all the environmental rules and regulations and red tape. It took only 99 days of actual construction. What we are going to have to do, we are going to have to put more emphasis on water projects, in my opinion, where this rapid development is going on, and we are going to have to do a lot fewer studies and a lot more actually taking action or doing some projects where the need is the greatest. Thank you, Madam Chairwoman. Ms. Johnson. Thank you very much. Any other questions? Mr. Westmoreland. Mr. Westmoreland. Thank you, Madam Chair, and I want to thank you and the Committee for allowing me to be here. Mr. Hunter, I want you to go back and congratulate Mayor Franklin on the job that she has done in trying to get Atlanta's water and sewer systems on the right track. I served in the Georgia legislature for 12 years. It was always easy to kick Atlanta and try to fine them and other things for their water situation, but Mayor Franklin has stepped up to the plate in spending money. Madam Chair, I would like to ask unanimous consent to submit this pamphlet to the Committee and put it in the record that gives testimony and some facts and statistics to back up what Atlanta has done to help solve some of these water problems that they have had in the past. [Information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Westmoreland. Mr. Begos, I used to go visit Bay City Lodge and Mr. Jimmy Muscala quite a bit down there, and I have fished in Apalachicola Bay on many occasions and have eaten some of those great oysters down there. Is it true too that a lot of times there is more fresh water in the bay than there needs to be? Mr. Begos. Congressman, that is sometimes true. We are sometimes frustrated by having too much water coming down the system that would shut down oyster harvest for a period of days or weeks. There is a potential solution, long-term, of looking at the whole thing at certain times when you could hold more water upstream. Mr. Westmoreland. I was just talking to a friend that was down there fishing, and he said they were catching a shellcracker almost out to the cut. So that is an indication that there is probably more fresh water down there during these times of heavy rains than have been. You also mentioned about Blountstown. I have been down the river before also, stopped at Blountstown, and I know they get a lot of economic development from that river traffic. Do you know anything about that silting up in that area where it is harder to get boat traffic down and what is stopping the dredging of that area, if anything, and does it need to be dredged? Mr. Begos. Congressman, that is not really my area of expertise. I am more of the Apalachicola Bay area. So I would defer on that. Mr. Westmoreland. I will ask Mr. Burch this same question. Do you think it would help if there was some type of controls put on the Flint River? Right now, the Flint River is basically unbridled and, if they get a large amount of rain and they are still releasing the 5,000 cfs on Lanier, it causes too much fresh water to get into that bay. Have you thought about any type of flood control or any kind of mechanism on the Flint that would help that situation? Mr. Begos. On that too I would defer to the final panel and to the experts, the hydrologists and marinologists for that. My area of expertise is not the Flint or its basin. Mr. Westmoreland. But you have had problems with too much as well as not enough? Mr. Begos. Sure. Droughts and floods are a natural part of the cycle. We are just looking for a fair long-term agreement that doesn't peg us at a such a low level that we are stuck just there. Mr. Westmoreland. I am with you, but if we could keep that flow constant, using both the management of the Flint and the Chattahoochee, I think that would be a better solution. Mr. Begos. Congressman, we are not asking for a constant flow. We are asking for more something that approximates the natural variations. Mr. Westmoreland. Do you know what the natural flow of the Flint or the Chattahoochee were, the natural flow before anything was ever on it? Do you have any idea what that natural flow was? Mr. Begos. I would defer to biologists and hydrologists on that. Mr. Westmoreland. Well, you might want to look at that because it is pretty interesting, what those natural flows are. Mr. Burch, just real quickly, I know that you live in Newton, Georgia. Was it in 1994 that your town was under water? Mr. Burch. Nineteen ninety-four and then again in 1998, the historic downtown was flooded, yes, sir. Mr. Westmoreland. I am going to have some questions for the other panel too about the impoundments on the Flint, but do you think any impoundments on the Flint other than the two small that are on there now would help maybe with your city not being put under water in some of these flood situations and also help the ability for agriculture? Let me make one other point quickly, Madam Chair. As far as agriculture and use of water in Georgia, I think this water plan has done a real good job of working with agriculture and making sure that they don't deplete the water resources. Mr. Burch. A dam certainly would have been a great benefit in 1994 and 1998. I am no expert, but I do know that our aquifer is limestone, and we don't know how much water is flowing underneath into Florida. So I don't know how much water we could hold back due to our substructure. Mr. Westmoreland. Yes, ma'am. Thank you, Madam Chair. Ms. Johnson. Let me thank the witnesses. There are no further questions. Before we proceed, I will ask unanimous consent to submit the report that Mr. Westmoreland offered to go into the record. Any objections? Hearing none, so ordered. Ms. Johnson. I want to thank the witnesses for being here, and I appreciate their valuable participation. The third panel of witnesses consist of representatives from a number of key Federal agencies. Testifying first is Mr. Jess Weaver. Mr. Weaver is a Regional Executive for the Southeast Area of the United States Geological Survey. Next, we will hear the important testimony of Brigadier General Joseph Schroedel from the U.S. Army Corps of Engineers' South Atlantic Division, and his testimony will be followed by that of Mr. Sam Hamilton from the U.S. Fish and Wildlife Service. Mr. Hamilton is a Regional Director of the Southeast Region. The final witness on our third panel is Mr. John Feldt. Mr. Feldt is the Hydrologist-in-Charge for the National Oceanic and Atmospheric Administration's National Weather Service, Southeast River Forecast Center. I thank you for being here, and you may proceed in the order that you are listed. TESTIMONY OF JESS D. WEAVER, REGIONAL EXECUTIVE, SOUTHEAST AREA, U.S. GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR; BRIGADIER GENERAL JOSEPH SCHROEDEL, COMMANDER, SOUTH ATLANTIC DIVISION, U.S. ARMY CORPS OF ENGINEERS; SAM D. HAMILTON, REGIONAL DIRECTOR, SOUTHEAST REGION, U.S. FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR; J. JOHN FELDT, HYDROLOGIST-IN-CHARGE, NATIONAL WEATHER SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE Mr. Weaver. Madam Chairwoman and Members of the Subcommittee, thank you for the opportunity to testify on behalf of the Department of the Interior regarding the current drought in the southeast. I am Jess Weaver, Regional Executive for the Southeast Area of the U.S. Geological Survey. The mission of the U.S. Geological Survey is to assess the quantity and quality of the Earth's resources and to provide information to assist resource managers and policy makers at the Federal, State and local levels in making sound decisions. As part of that mission, in the ACF and ACT Basins, the USGS monitors continuous stream flow at 158 stations, providing the data in real time. In addition, the USGS measures continuous groundwater levels at 77 well sites, collects water quality samples at more than 80 sites and prepares water use data reports. The USGS works in partnership with 12 Federal, 10 State and 60 local government agencies in the ACF and ACT Basins, and part of the 12 Federal include the agencies of the members of the panel sitting to my left. The ACF Basin covers 19,600 square miles extending from the Blue Ridge Mountains with free-flowing trout streams to the ecologically-rich Apalachicola Bay and the Gulf of Mexico. The basin includes parts of Georgia, Alabama and Florida and includes the Chattahoochee, Flint and Apalachicola Rivers. Located at the headwaters of the ACF system, Lake Lanier comprises 62.5 percent of the storage in the system but only 6 percent of the drainage area. Because of its huge storage capacity and relatively small drainage area, it takes longer to refill Lake Lanier than it does other lakes in the system. There are numerous competing demands for the waters of the ACF Basin which provide water supply for about 60 percent of the population of Georgia and about 8 percent of the population of Alabama and about 1 percent of the population of Florida. The groundwaters of the ACF irrigate more than 780,000 acres of farmland. The lower ACF rivers are home to one threatened fish species and two threatened and four endangered mussels. The rivers of the ACF are the source for about 59 public water suppliers, about 41 industrial plants including about 7 thermal electric plants that each withdraw more than 100,000 gallons per day. Additionally, there are more than 80 groundwater withdrawal permits in the ACF Basin for public supply and industrial use. The system also provides flood control, navigation and recreation benefits. At the mouth of the ACF Basin, Apalachicola Bay represents a significant oyster and shrimp fishery. The greatest changes in basin hydrology in the past decades have been driven by increased public supply demands associated with the Atlanta region and increased agricultural withdrawals in the southern portion of the basin. During droughts, Lake Lanier is the storage of last resort to meet minimum flow requirements throughout the system. Another complicating factor is the effect on stream flow from groundwater withdrawals used for irrigation in the lower ACF Basin. The cumulative influence of these withdrawals can change the direction of groundwater flow. Streams that would normally gain water from surrounding aquifers during low flow begin to lose water to these aquifers. These dynamics have been simulated as part of a recently completed study conducted by the USGS. In the ACT Basin, the Alabama, Coosa and Tallapoosa Rivers flow southwestward from northwest Georgia to southwest Alabama, draining approximately 22,800 square miles into Mobile Bay. There are five Federal projects within the basin and eleven non-Federal Alabama power projects. Federal projects compose 22 percent of the total water storage in the basin. The waters of the ACT are used to irrigate about 28,000 acres of farmland. The rivers of the ACT are the source for about 218 industrial and public permitted water suppliers, 155 in Alabama, 63 in Georgia. These permits are required for users to withdraw more than 100,000 gallons per day. Additionally, there are numerous groundwater withdrawal permits in the ACT Basin for public supply and industrial use. The flood control, navigation and recreation benefits of the rivers and reservoirs in this basin provide enormous intrinsic and economic values. Thank you for the opportunity to present this statement, Madam Chairwoman, and I will be happy to answer any questions that the Members of the Subcommittee may have. Ms. Johnson. Thank you very much, Mr. Weaver. Brigadier General Joseph Schroedel. General Schroedel. Thank you, Madam Chair, first for the opportunity to testify here today, but I would also like to take this opportunity to thank all the Members of Congress for your support of our great Army which is engaged in a real war in far off lands to include 800 or so civilian volunteers from the United States Army Corps of Engineers and my own son with the Third Special Forces in Afghanistan on his third combat tour. Thank you very much for your support. Now the Corps generally constructs and operates multipurpose water resource projects and manages those projects as a system within a watershed irrespective of political boundaries. Project purposes can include flood damage reduction, production of hydropower, recreation, navigation, water supply, water quality, irrigation, and fish and wildlife conservation. Our day to day operation of our multipurpose projects seeks to balance these competing purposes. During a drought, that competition for limited water resources is magnified. To better manage these systems during this drought, we have focused on adapting to the uncertainties of the drought and managing the risks associated with those uncertainties. My division area encompasses operations on 13 of the 18 major watersheds from Virginia to Mississippi. We have four districts involved in managing those watersheds, and there are two important things that we have done to help manage the drought in a flexible and adaptive manner. First, our district water managers have been diligent in adjusting operating and drought plans to manage the limited water resources during this drought. When conditions became so severe that our approved plans no longer support the system in accordance with our Corps regulations, the district water managers sought approval for temporary deviations from me, and I can tell you we have approved many deviations throughout the region. We can talk more about that later. The second critical thing we have done, which I would like to emphasize today, is that our district water managers routinely engage Federal, State and local agencies, industry and other concerned stakeholders, striving for both continual communication and complete transparency. Intensive communication is absolutely key during a drought for two reasons: one, to ensure that we, the Corps, understand the concerns of all of those involved in using our water resources and, second, to ensure that we notify the public in advance of management decisions which we intend to make. Our management of the ACT and ACF Basins, I believe, is very instructive in this sense. The ACT and ACF River Basins include Federal multipurpose projects. Under normal rainfall conditions, the Corps manages these systems to meet all authorized project purposes in accordance with draft water control manuals and plans that were developed in the late 1980s. When drought conditions develop, however, and water supplies dwindle, the Corps begins to lose its ability to meet all of the authorized project purposes all of the time. So we are faced with tough choices. On the ACT and ACF, we have faced considerable challenges in balancing project needs. Again, the key is communication. Last year, the Mobile District and the South Atlantic Division and my staff initiated, for the first time ever, weekly drought calls, conference calls on the ACT and biweekly drought calls on the ACF. These conference calls included all interested parties including environmental groups, industry, State and local agencies, Congressional staff and the media, complete transparency. These calls, which are very well attended--we are talking 60 or better people every week--provide an update on basin conditions and describe the Corps management actions, both current and anticipated. They have been valuable venues for promoting two-way information sharing and, because they are direct linked through agencies, Congressional staff and stakeholders provide information to the Corps. I would add that we leverage every means available, TV, newspapers and others, to ensure that we sustain a healthy dialogue with and our responsiveness to the public we serve. We also believe that it is vitally important that Federal agencies act as a cohesive and integrated Federal team, given the complexity of the issues that span multiple State and local governments. I am pleased to report to you today that we are a very cohesive team. These members sitting in this panel and many others talk to each other all the time. Our coordination with the Fish and Wildlife Service, for example, has been extremely successfully. Our team approach to the ESA consultation has allowed both the Corps and the Fish and Wildlife Service to reduce review times to a duration no one would ever have imagined. We personally rely on the NOAA for not only near-term weather forecasts but also long-term forecasts to help manage the risks I mentioned earlier. We rely on the USGS and their gauges to get accurate and timely data on stream flow, and we use their gauges and their information on our lakes. That is something that we have worked hard to do. We are also working hard with the Department of Homeland Security and the Department of Energy in anticipation of possibly having to exercise our authorities under Public Law 8499, should the crisis call for those actions. These are just a few examples. Water resources challenges are here to stay, and I would like to address, for just a second, Mr. Boozman's point earlier about solutions and not problems. Two actions which we are taking today to help shape the future are, first, as most of you know, we have begun our efforts to update our water control manuals and, second, I would like to give a few seconds on another initiative which we began about a year ago, which we believe may help. Our current water control plans are the most important management tool that water managers have. We have now begun the process on both the ACT and ACF. Notice of intent has been filed in the Federal Register, and the process will be about a two to three-year, very open, public process and in complete compliance with NEPA. The second action which we have taken, almost a year ago, I introduced a concept which we call the Southeast Regional Water Resource Council. It is somewhat mirrored after the Western States Water Council, which would be a State-led forum to develop a regional vision for integrated solutions to water resource challenges in the southeast. My intent was to establish a process whereby the Corps and other Federal partners could ensure our programs and priorities are in concert with States' needs and priorities across the region and to foster a more collaborative and consistent effort for development and use of water resources in the region. This would also help us define Federal and State responsibilities. We are now in the process of sharing this concept with the States, the Southern Governors Association, other Federal partners and stakeholders. Working regionally with the States on water issues in the southeast represents a new way of doing business, but we have found that States and stakeholders are receptive to exploring the regional water council concept further. Madam Chair and Committee Members, the south is a national resource. We need to turn the challenges of this drought into an opportunity to shape the future for all of the citizens of this great section of our Country. Madam Chair and Members of the Subcommittee, I appreciate again the opportunity to testify, and I thank you again for your support for our magnificent Army. Thank you. Ms. Johnson. We will now hear testimony from Mr. Sam Hamilton of the U.S. Fish and Wildlife Service. Mr. Hamilton. Madam Chair, Members of the Subcommittee, thank you for giving us the opportunity to testify today on behalf of the Department of the Interior. I am Sam Hamilton, Regional Director of the U.S. Fish and Wildlife Service's Southeast Region, a ten-State region that includes the Caribbean. The Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and habitats for the American people. As you have heard already, we are in a record drought, entering the third year. This had a profound effect not only on the economies of the southeast but also the environment. I want to briefly focus on some key basins, but before I do that I want to mention a few items related to the Fish and Wildlife values in this part of the world. Rivers and streams are really the circulatory system of our Nation. They provide a variety of services: clean drinking water, recreational opportunities, transportation, hydropower and food. The southeast is blessed with the highest biodiversity, aquatic biodiversity, in North America. But, again, it represents the most imperiled group of species in the United States. Two-thirds of the Nation's freshwater mussels are at risk of extinction. One in ten may have already vanished forever. Forty percent of the fish in these river systems are at risk. So rivers and streams are not only valuable for the economy to the southeast, but overall they are an indicator of the health of the environment, and it really became magnified in the drought that we are facing today. The ACF, as you have heard a lot about, drew a lot of public attention, an unfortunate mischaracterization of mussels versus people. This is really a classic example of people versus people, upstream and downstream, States versus States, a 20-year discussion, that has been underway. Some view it as a water war. We work very closely with the Army Corps of Engineers. In my 30 years of working for the United States Fish and Wildlife Service, we have never worked more closely with the Corps on an issue like this. The Department's role is to ensure that there is a balanced approach so that threatened and endangered species, in particular, are not jeopardized as we are charged by Congress. We work very closely with Federal agencies and States, the EPA, USGS, NOAA, and we began consulting on the ACF in the 1990s as some of these species were listed. We worked very closely even dating back to the 1980s with the Corps on the ACF system. We have done a few items to be proactive when it comes to conservation and other planning in the ACF Basin. We provided funding for some agricultural retrofitting to conserve water, streamlined protocols for reservoir reviews, assisted in the development of water supply protocols, and we have passed to the State of Georgia $130,000 for habitat conservation planning for endangered species. The need for this became all too apparent as we entered the drought of 2007. Working with the Army Corps of Engineers and other agencies, we evaluated the interim operating plan of 2006 and wrote a non-jeopardy biological opinion for endangered mussels and the Gulf sturgeon. In 2007, the drought worsened and working very closely in a team approach with the Army Corps and others, an emergency drought plan was developed, and we consulted in record time on that. Typically, we have 135-day consultations under the Endangered Species Act. We did this one in 15 days, recognizing the emergency situation that we were facing. As you well know and as you have mentioned, Secretary Kempthorne has led an ongoing discussion with the governors in the three States in an attempt to work through these issues, and we spent a considerable amount of time working in that arena. On June 1, we expect to update our biological opinion, working with the Army Corps as they revise the plans that they have in place to deal with the current hydrology that is out there. The drought not only affects the ACF, it affects the ACT system which starts in Georgia and flows to Mobile Bay. We work with the Federal Energy Regulatory Commission, Alabama Power, the Corps and the State of Alabama and on the Duck River we are working very closely with TVA in Tennessee. The drought is very pronounced in south Florida, we are working with the Army Corps and the State of Florida on Lake Okeechobee and Loxahatchee National Wildlife Refuge. The final area is South Carolina and North Carolina which are facing devastating droughts in that part of the world as the City of Raleigh struggles with its water supplies, and we are working very closely with them. The Department of the Interior has been very active on water issues since the eighties with expertise and resources. There has been unprecedented collaboration between the Federal agencies to try and deal with these issues. These record droughts are occurring, it appears, more frequently, and the increasing demands on the water that are there are pretty well documented. How we choose to deal with these finite resources in the future is going to be critical to the future not only of the economies of this part of the world but certainly the environment, and they go hand in hand. Madam Chairwoman, thank you for the opportunity to speak today, and I will answer questions at the appropriate time. Ms. Johnson. Thank you very much, Mr. Hamilton. We appreciate it. Finally, now we will hear testimony from Mr. John Feldt, the Hydrologist from NOAA, National Weather Service Southeast River Forecast Center. Mr. Feldt. Well, good morning, Madam Chairwoman and Members of the Committee. Thank you for inviting me to present NOAA's role in coordinating and providing climate and drought information to Federal agencies and States. I am the Hydrologist-in-Charge of NOAA's National Weather Service Southeast River Forecast Center. I have been directly involved in forecasting either weather or water for the National Weather Service for over 30 years now. Today, I will discuss the recent and ongoing severe drought in the southeast. I will then focus briefly on the new National Integrated Drought Information System or NIDIS. In the most general sense, drought refers to a period of time when precipitation levels are abnormally low, affecting human activity and the environment. Primary effects of drought may include water shortages and crop, livestock and wildlife losses. Droughts may also cause secondary effects on areas such as tourism, commodity markets, transportation, wildfires, insect epidemics, soil erosion and hydropower. Drought is normal. It is a recurrent feature of climate and occurs almost everywhere, although its features vary from region to region. As you know, the southeast region of the United States has been in the midst of an exceptional drought for a little over two years now. Just about every day, people ask me, when is this drought going to end? While we do not know how much longer this particular drought in the southeast will last, there are two things that I personally look at quite closely. Number one is the average length of exceptional drought, and the second factor is the prevailing climate signal. In the past, exceptional droughts have typically lasted between two and three years. However, it is important to know that a few droughts have lasted nearly four years. In addition, over the past year, NOAA has been monitoring a La Nina episode which is an unusual cooling of ocean temperatures in the equatorial Pacific. A La Nina episode typically results in dry weather across the southeast U.S., especially from the central part of Georgia and Alabama on further south into Florida. Climate models now show a trend out of this La Nina event into neutral conditions either late this spring or this summer. The recent U.S. seasonal drought outlook for February through May predicts some improvement in the southeast drought condition. NOAA's National Weather Service has been providing information to key decision-makers in support of drought management activities since the onset of the drought. The National Weather Service weather forecast offices have been attending local and State drought management meetings and providing hydrometeorological support and forecast information. My office, the Southeast River Forecast Center, has been front and center in providing ongoing hydrometeorological support to the U.S. Army Corps of Engineers, the USGS and numerous other Federal, State and local decision-makers. My office has also developed several new tools that provide critical information and direct support of drought operations for State, Federal Government agencies, the media and the private sector. These include a product called the Critical Water Watch and the Southeast RFC Journal which are issued on a weekly to biweekly basis to convey technical information relating to critical water supply users. We also issue a weekly Water Resources Outlook which is a 15-minute multimedia presentation where NOAA meteorologists and hydrologists provide expertise and forecast information directly to key decision-makers. These are just a few of the many examples of the work that NOAA does both locally and regionally to provide climate and drought information. I would now like to very briefly focus on a new tool that is in development and helping the Nation better prepare for and respond to the effects of drought, the National Integrated Drought Information System or NIDIS. NIDIS is envisioned to be a dynamic and accessible drought risk information system. The explicit goal of NIDIS is to enable society to respond to periods of short-term and sustained drought through improved monitoring, prediction, risk assessment and communication. Over the next five years, NIDIS will build on the successes of the tools and products provided by NOAA to close the gap between what is currently available and what is needed for proactive drought risk reduction. Just one example would be that municipalities and State agencies will have improved drought information and forecasts when allocating both domestic and industrial water usage. Water resource managers will have access to more information when balancing irrigation water rights with the needs of wildlife, and farmers will be better positioned to make decisions on what crops to plant and when to plant them. While NOAA is the lead agency for NIDIS, NOAA works with numerous Federal agencies, emergency managers and planners, State climatologists and State and local governments to obtain and use drought information. Several efforts are underway to improve drought early warning systems. These include coordinating interagency drought monitoring and forecasting. NIDIS also provides a framework for coordinating the research agenda among participating agencies. Thank you for the opportunity to discuss drought conditions in the southeast and NOAA's role in coordinating and providing climate and drought information to Federal agencies and States. I would be happy to answer any questions you or other Members of the Committee may have. Ms. Johnson. Thank you very much for your testimony. We will proceed now with questions. General Schroedel, you said in your testimony that the Corps' near-term strategy for addressing the drought is updating water control plans. What specific changes to the plans are needed and what will be the biggest difference between the updated plans and the current plans? General Schroedel. Yes, ma'am. The biggest need, after several decades of not being updated, is the first step, which is a basin-wide EIS. The hydrology has changed, the ecosystems have changed, and the demands on the water have changed. The entire situation has changed. So it is important that we start with a basin-wide EIS, gather all the facts in a very open and public process. That will enable us then as a part of that process to generate suitable alternative operations approaches to then balance those competing needs, as I mentioned. So I would say that the basin-wide EIS is the critical first step just to get a good handle on what is really going on. Ms. Johnson. Thank you very much. This question is for Mr. Hamilton. You mentioned that there are many competing uses for water in the ACF Basin, including irrigation, public water supplies, industrial uses and for endangered species. How much water is currently available for endangered species and how much is needed to be sufficiently protective? Mr. Hamilton. The endangered species in the Apalachicola system are three listed mussels and the Gulf sturgeon. We have consulted with the Army Corps in the last year and looked at the required flows for those species. What we found was that the historic numbers that we had looked at, 5,000 cfs, had only been reached one or two times in the history of recorded time in the Apalachicola. Recognizing that we were in an exceptional drought and using the full flexibility that we had in the Endangered Species Act, we consulted and wrote an opinion that enabled the Corps to drop those flows to 4,500 cfs, which is a 10 percent reduction at unprecedented levels. What we don't know right now is, if you continue to do that over an extended period of time, will that jeopardize the future existence of that species? We also wrote an opinion looking at the Gulf sturgeon, using the higher spring flows like today, when you have flows exceeding forty and fifty thousand cfs hitting the Apalachicola Bay. I believe our numbers that we were identifying range between 11,000 and 16,000 cfs for spawning flows for the Gulf sturgeon. Ms. Johnson. Thank you very much. Let me just ask each of you to comment. There is a water shortage around the world, not just in the southeast U.S. Do you know whether or not this has been an understood and accepted thing in the planning of these three States together? Mr. Weaver. Personally, I do not know if they have accepted that fact in their planning. General Schroedel. Ma'am, I would just offer that given how rapidly Georgia, for example, just passed their water plan and the same actions are being taken by all three governors and other governors around the south, I frankly think everyone has recognized that this is a huge problem we have to deal with now. My personal opinion is that there is probably a lot of water out there we are not capturing. Maybe that is what we need to take a look at. So I think they all recognize that. Mr. Hamilton. I would have to agree. I think you see it in the discussions we have had. You have seen it in the plans that all three States have enacted, very much recognizing that these droughts are occurring frequently and with increased demand. So you are seeing more and more discussion on conservation measures and actually implementing some. Mr. Feldt. Madam Chair, I think that is out of my area of expertise, so I would like to defer on that question. But I would like to point out that it is interesting just recently, just last week in our office, we were actually looking at some flooding over parts of the southeast at the same time as we are working drought. So water can be very complicated. Sometimes you can have very close to one area in extreme drought, other areas could have floods. Ms. Johnson. Thank you very much. I am going to now recognize Mr. Boozman. Mr. Boozman. Thank you, Madam Chair. I am curious as to what we have really learned from this. You can't really plan. I guess you can, but it is very difficult for an entity like this that just hasn't happened in a long, long time as far as the severity of the drought. Mr. Feldt, they try and forecast the weather and things. An example of that would be did you feel like your forecasts were good and then did you all use them? Did you change anything and, really, do we have the ability to do that with the current structure? You mentioned, General Schroedel, that you are implementing a rewrite of the plans and all that stuff, but the reality is that is probably going to take years. Do we have the ability? Even though we are in a crisis situation, are we still using old plans based on the knowledge, hopefully, that we have learned for the last year or two? General Schroedel. Yes, sir. I would tell you that the process of managing the systems is a very dynamic process. It is a day to day, hour by hour process of our experts, many of whom have been doing this for three or four decades, processing and assimilating all the information they can to make timely decisions, and we are very flexible in how we do that. This isn't a cookbook solution to managing these reservoirs, not even in the least. A good example would be we were prepared in the October time frame to reduce the flows out of Lake Allatoona, just as an example, the right thing to do based on how we normally manage and what our manuals say. We were about to go below zone one into zone two, which normally our operations guys would direct. Cut the flow from two hours of power to one hour of power. Then, as a result of realizing that there are other needs downstream and the forecast that we got from NOAA that said, wait a minute, the 100 degree temperatures in September are going to sustain themselves into October, which was rare. We said, wait a minute, for cooling purposes and water quality purposes, we cannot reduce the flow out of Allatoona at that point because we have another concern, which we got the heads-up again from NOAA that tipped us off, and then we adjusted. So we actually made that decision about two weeks later than we normally would based on that information. Mr. Boozman. So that is something you have learned. A couple years ago, you wouldn't have done that, perhaps. General Schroedel. I am not sure I would say that. Mr. Boozman. Hopefully, you are a little bit, and I don't mean this bad, but a little more conservative in the water use. General Schroedel. Perhaps. Mr. Boozman. Mr. Hunter mentioned the discharges. He was concerned about the discharges now that are going on. Can you tell us why you are doing that or if that is under the old manual? General Schroedel. No, sir. Again, that is a part of the dynamic balancing process. We treat the entire system as a system. A very important point with respect to the water supply needs, if you will, of Atlanta and water quality needs of Atlanta is that water is not drawn out of Lake Lanier. It is drawn out of the rivers south of Buford Dam, which means it is necessary to release water from Lake Lanier through the dam to satisfy both the water supply needs of Atlanta and the water quality needs as measured at Peachtree Creek. We are about to exercise our authority in line with Congressionally authorized legislation for Buford that says we can reduce the water quality flow requirement from 750 cfs at Peachtree Creek to 650 cfs. So we are about to reduce the flow for water quality by about 100 cfs. Then that is the limit, based on the legislation, that we could go to. The remainder of the flow, you combine intervening flow, the rain that hits and flows into the river south of Buford and between Peachtree Creek, and then we figure out on a day to day basis--actually it is on a weekly basis--how much water needs to be released out of Lanier to make up the difference to supply those needs south of Lanier. Some of the concerns that we are well aware of, Georgia Trout Hatchery which requires 538 cfs, which is south of Buford again and then the water quality piece in Atlanta. Those are the only reasons right now water is being released from Lanier, to satisfy those needs. Mr. Boozman. Is that transparent where people can actually know what is going on? General Schroedel. Yes, sir, absolutely. That is something that we have celebrated quite a bit. With these drought calls that we conduct every week on the ACT and biweekly on the ACF, we inform all of those people who call in on those calls, what decisions we are about to make, what flows, what adjustments we are making to the system, and then we explain to them why. Then everyone who is on the call has a chance to chime in with their concerns. Then, of course, we make sure that we do not violate the FACA laws in terms of participation in Federal decision-making. So we are very deliberate in how we run that process, but we have learned more. Also, we have a web site. I am just reminded. We have a very detailed web site that we maintain every day. So, absolutely transparent, yes, sir. Mr. Boozman. Let me just ask one other thing, and then we have some questions we would like to submit for you that you can fiddle with at your leisure for all of you. General Schroedel. Sure. Okay. Mr. Boozman. Does the Corps need any Congressional guidance or authority to better manage the reservoir system with the contemporary needs? The contemporary needs being that we have a situation now with Atlanta being on board. Certainly, I don't think anybody could envision an area of that large a population 20 years ago or 30 years ago, whenever all these things came about, longer than that. If so, do you need Congressional guidance or do you need more authority? General Schroedel. Sir, at this point, I think our general opinion is that we do not need any additional guidance or authority. It is pretty well laid out. Mr. Boozman. Is there anything we need to be doing? General Schroedel. Sir, at this point, I do not believe so. Mr. Boozman. Okay. Thank you, Madam Chair. Ms. Johnson. Thank you. General, let me ask, how could more water be captured for the ACF system? General Schroedel. Madam Chair, one option might be additional storage. Of course, when I say storage, there are options above ground, below ground, and you have already heard a little bit about the geology that underlies the region, which makes it very difficult for an aquifer recharge, for example. I am reminded that the 1945 Rivers and Harbors Act authorized three flood control projects on the Flint River. Today, there are, I believe, three dams on the Flint River or two that I know of, Crisp County Dam and Albany Dam which are very small and do not provide any flood protection. But then again, I am reminded that WRDA 1986 de-authorized those projects. Those would be the only way that I could think of that you could actually flexibility in the management of the ACF as a system. Today, we have no control over the Flint system. We talked about 5,000 cfs at the Chattahoochee gauge. Today, we are releasing 30,000 cfs, and it may not be the right amount at the right time, but that is basically all that I can see that we could do. Ms. Johnson. You mentioned lowering the flow rate at Peachtree Creek. Does that mean that the water quality downstream would be affected? General Schroedel. No, ma'am. We would not be able to do that. We went through the proper NEPA work to do that, so the FONSI will be signed and then completing the NEPA work. So, no, ma'am, not at all. We would not do that. Ms. Johnson. Thank you very much, General. Mr. Westmoreland. Thank you, ma'am. General Schroedel, you made the comment about the Flint impoundments. So that is something that Congress could do is to look at why, in 1986, the WRDA Bill cut those two impoundments out because I think you agree with me from just what you have said, that we need to do some type of study on that again, a feasibility study to see where we are at. General Schroedel. Yes, sir. I would say if the States saw that as something that would be essential, then that would be a good action to take. Mr. Westmoreland. Yes, sir. Mr. Hamilton, do you know what the natural flows of the Chattahoochee and the Flint were? Mr. Hamilton. I don't have those figures offhand. When you say natural, I am assuming that is pre-dam. Mr. Westmoreland. Yes. Mr. Hamilton. The figures that I am aware of are post-dam that range from 178,000 cfs in the springtime to lows of about 5,000 on the most part, so a wide-ranging amount of water. But maybe USGS might have some information on the historic flows. Mr. Westmoreland. Mr. Weaver, do you have any information on what the normal pre-dam flow was? Mr. Weaver. We actually published a report in about 1995 which listed the pre and post-dam flows, which I could provide to the Committee. We looked at the period from 1929 to 1957 and from about 1957 to 1970 and 1970 to 1993. Mr. Westmoreland. I think that would be interesting to get those. Mr. Hamilton, let me ask you a question. Do you think the sturgeon and the mussel would do better in a natural environment that they had than this man-made environment that we are creating today with the flows? Mr. Hamilton. That is a complex question. Obviously, they did well before all the pressures on the water systems that we have out there, and it is not just water supply. It is water quality, habitat throughout their range. Those species require high flows and low flows, and have all been affected in various ways, so populations have dramatically declined over time. There are those that are endangered and on the verge of extinction and those that are threatened and on the verge of becoming endangered. So I would say obviously they would do better. Mr. Westmoreland. But, normally, species do better in their normal environment than a created environment. Mr. Hamilton. Correct. Mr. Westmoreland. I have so many questions. General Schroedel, the Corps, how does it related to the FERC agreements because of the power plants up and down the Chattahoochee? How does the Corps and the FERC line up as far as FERC guaranteeing a certain amount of flow through an area and the Corps actually managing the river? How does that work? General Schroedel. Sir, it works in a couple of different ways. If I could use the Alabama Power reservoirs on the ATC as an example, they are currently up for relicensing. In the process of that relicensing, as the Alabama Power projects go through the NEPA process and go through that whole licensing process, they will consult with the Corps to determine what sort of flows are required in the aggregate from those projects to meet a navigation requirement, south of Montgomery in this case of 4,640 cfs. Then FERC, in this case, will generally memorialize those flows into their licensing process. Mr. Westmoreland. I guess what my question is who has the authority to regulate the flows, the FERC or the Corps? General Schroedel. It is the FERC. Mr. Westmoreland. FERC? General Schroedel. Yes, sir. Mr. Westmoreland. Okay. General Schroedel. They lay that out as part of the licensing process. Mr. Westmoreland. Okay. So they can require the Corps to up their flow? General Schroedel. They require the Alabama Power. Mr. Westmoreland. That is what I wanted to hear, okay. General Schroedel. Then also through the Fish and Wildlife Service for endangered species, for example, at Jordan Dam, that would be done. Mr. Westmoreland. So if the flow is not meeting what FERC promised or what was in their permit, then they need to increase the flow out of their lakes to make up for that? General Schroedel. There is a way to enforce that, yes, sir. Mr. Westmoreland. Okay. Now the last thing is Chairwoman Johnson asked about the updating of the manuals, and you mentioned two decades. If I remember correctly, the last manual that was approved and went through the full process of being approved was in 1957. General Schroedel. Yes, sir. We have been operating with a 1989 draft. Mr. Westmoreland. Fifty years. General Schroedel. Yes, sir. Mr. Westmoreland. So, Madam Chairwoman, I am going to say that there is something that Congress can do. When you have had the growth up-river and in that basin and let me also point out that the Chattahoochee and the Flint, for some people who don't understand, originate in Georgia. The Chattahoochee originates above Helen. The Flint originates just a little bit south of Atlanta. These manuals have not been updated in 50 years and, Madam Chair, let me say this too, that there are Senators over in the other body that are trying to prevent them from being updated today. That is a disgrace. That is something we need to stop, and that is something we need to work towards to make sure that the Corps has everything, every tool in their arsenal to come up with an updated water plan. Madam Chair, I yield back the balance of my time. Ms. Johnson. Thank you very much. We have no further questioners, and so I declare that the hearing has concluded. Thank you so very much for being here. I look forward to the governors and all getting together and coming up with a good plan and solving the problem. [Whereupon, at 12:05 p.m., the Subcommittee was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]