Notice2023-03278
Response to Western Water Quantity (WWQ) Listening Session
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Published
February 16, 2023
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS) hosted a virtual, open, public listening session, on December 17, 2020, with remote participation only, for public input about water quantity in the western United States as it relates to existing NRCS programs. NRCS provided stakeholders both an opportunity to give oral testimony during the listening session and a 30-day public comment period for additional input. NRCS received comments from 66 stakeholders, including representatives from national organizations, individuals or organizations from 13 western States, and one Indian Tribe. This notice responds to comments received during the listening session and the subsequent public comment period, which closed on January 19, 2021, and identifies the actions that NRCS has taken and will be taking in the months ahead.
Full Text
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<title>Federal Register, Volume 88 Issue 32 (Thursday, February 16, 2023)</title>
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[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10080-10085]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03278]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2021-0007]
Response to Western Water Quantity (WWQ) Listening Session
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Notice.
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SUMMARY: The Natural Resources Conservation Service (NRCS) hosted a
virtual, open, public listening session,
[[Page 10081]]
on December 17, 2020, with remote participation only, for public input
about water quantity in the western United States as it relates to
existing NRCS programs. NRCS provided stakeholders both an opportunity
to give oral testimony during the listening session and a 30-day public
comment period for additional input. NRCS received comments from 66
stakeholders, including representatives from national organizations,
individuals or organizations from 13 western States, and one Indian
Tribe. This notice responds to comments received during the listening
session and the subsequent public comment period, which closed on
January 19, 2021, and identifies the actions that NRCS has taken and
will be taking in the months ahead.
FOR FURTHER INFORMATION CONTACT: Martha Joseph; phone: (814) 203-5562;
email: <a href="/cdn-cgi/l/email-protection#264b4754524e47084c495543564e665355424708414950"><span class="__cf_email__" data-cfemail="24494556504c450a4e4b5741544c64515740450a434b52">[email protected]</span></a>. Persons with disabilities who require
alternative means for communication should contact the USDA Target
Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Background
On December 17, 2020, NRCS hosted a virtual, open, public listening
session, with remote participation only, for public input about water
quantity in the western United States as it relates to existing NRCS
programs. NRCS provided stakeholders both an opportunity to give oral
testimony during the listening session and a 30-day public comment
period for additional input. NRCS requested input about the challenges,
needed breakthroughs, and priorities, and identified that it would
consider this information in its evaluation of existing programs and
efforts to position these programs to achieve positive outcomes.
NRCS is taking this opportunity to provide a summary of the
comments it received, responses to questions and comments made, and
describe the actions NRCS is currently taking. In particular, NRCS
charged its State Conservationists to work with its stakeholders to
identify the priority water quantity issues in their State, the current
agency response to addressing them, and the key barriers, challenges,
or gaps that stakeholders may be able to help fill. NRCS evaluated this
information to develop western water quantity strategies through a
framework for conservation.
Discussion of WWQ Comments
The Federal Register notice for the WWQ listening session, which
was published on December 3, 2020 (85 FR 78114-78115), included a 30-
day comment period that ended January 19, 2021. NRCS received comments
from 66 stakeholders, including representatives from national
organizations, individuals, or organizations from 13 western States,
and one Indian Tribe. These organizations represented State and
national conservation partners, State and local governments, one
Federal agency, one Tribal government, NGOs, and several individuals.
NRCS received comments as follows:
<bullet> 40 speakers provided testimony during the listening
session; 12 of these speakers also sent in written comments during the
comment period; and
<bullet> 26 additional commenters provided written comments outside
of the listening session.
NRCS did not receive any comments from Missouri River Basin States.
Additionally, while most of the 574 Federally-recognized Indian Tribes,
including Alaska Native Corporations, are in the West, NRCS only
received one comment from an Indian Tribe. NRCS has identified this as
a particular area of concern to increase its outreach specific to
assistance for water resources.
The Federal Register notice for the Public Listening Session
encouraged the stakeholders to provide feedback on any of the following
questions:
1. For agricultural producers: What is your most pressing water
related issue that may constrain or currently constrains your
operations?
Response: Overall, NRCS received responses from producer groups
which represent thousands of producers and individual producers. These
producer groups expressed interest in a range of topics, but surface
water availability and water rights spurred the most interest. The
topics of groundwater, interagency collaboration, locally-led
conservation, climate and weather variability, funding, irrigation,
programs, soil health, and wildlife habitat were each mentioned.
2. For non-producers and organizations: What is your most pressing
water related issue that is needed by the agricultural community you
assist?
Response: While these comments spanned the complete range of
administrative and natural resource topics, there was significant
interest around funding, NRCS standards and specifications, interagency
collaboration, and program eligibility. Other areas of particular
interest included: irrigation; climate and weather variability;
groundwater; locally-led conservation; related water quality issues;
planning assistance; and surface water.
3. For producers and organizations: What is your most pressing
water related issue with which NRCS can help you through a technical or
financial assistance program or through facilitating and engaging in a
collaboration or partnership?
Response: The comments identified that groundwater, irrigation,
climate and weather variability, and surface water were the most
pressing water-related natural resource issues for which NRCS could
provide assistance. The comments also identified related water quality
issues, water rights, wildlife habitat, soil health, source water,
aquifer recharge, and snow survey and water supply forecasting as
issues with which NRCS could provide assistance.
4. How can NRCS best coordinate with other Federal, State, and
local efforts to address water related issues?
Response: NRCS received significant interest for greater
interagency collaboration and coordination, particularly with respect
to implementation under the National Environmental Policy Act (NEPA).
NRCS received comments that focused specifically on interagency
coordination in Oregon, which recommended an interagency working group.
5. How can State Technical Committees assist in addressing your
most pressing water related issues?
Response: NRCS received comments identifying the State Technical
Committees in three topic areas: locally-led conservation, ground
water, and source water. These comments broadly sought realignment of
State Technical Committee priorities to favor practices that increase
water use efficiency, reduce evapotranspiration loss, and the use of
cover crops to address groundwater supply and aquifer recharge. Some
comments focused on nursery and container operations. A recommendation
was made that representatives from water utilities be on the State
Technical Committees.
6. What additional issues do you confront about which NRCS should
have awareness?
Response: NRCS received comments identifying issues associated with
cloud-seeding, increased partnerships with drinking water utilities,
and whether NRCS can play a role in the retirement of water rights. The
comments recommended that NRCS be given additional authority to engage
with the Department of the Interior's Bureau of Reclamation (BOR) and
the Department of the Army's Corps of Engineers to support and
complement their programs to promote water conservation and increased
water use efficiency.
[[Page 10082]]
Comments Summarized by Topic
In this notice, the comments have been organized and summarized
alphabetically by topic. The topics include aquifer recharge, climate
and weather variability, funding, general comments, groundwater,
initiatives, interagency coordination, irrigation, locally-led
conservation, NRCS standards and specifications, planning assistance,
program eligibility, related water quality issues, snow survey and
water supply forecasting, soil health, source water, water rights, and
wildlife habitat.
Aquifer Recharge
Comment: Comments related to aquifer recharge focused on the
Ogallala aquifer and made calls for increased funding for efforts to
conserve in this area.
Response: NRCS is supporting innovative technology for aquifer and
groundwater recharge through two interim conservation practice
standards, Managed Aquifer Recharge, and Groundwater Recharge Basin or
Trench. NRCS--California will evaluate their effectiveness as part of
their fiscal year (FY) 2022 conservation program delivery. Through the
new framework for conservation, NRCS has identified strategies that
land owners and managers can take, and assistance they may receive, to
reduce groundwater withdrawals and support aquifer recharge.
Climate and Weather Variability
Comment: Comments expressed concern about how weather variability
is causing their livestock and crops to suffer, harming their bottom
lines, creating discontent, and causing litigation between neighbors.
The comments requested additional research and solutions for addressing
climate change, specifically in terms of adaptation, such as cloud
seeding, reduced water use, runoff control, stormwater collection, and
aquifer recharge. The comments also supported mitigation efforts, such
as carbon sequestration.
Response: NRCS helps farmers and ranchers understand the
vulnerabilities of natural resources that changing climatic conditions
exacerbate. NRCS provides financial and technical assistance to improve
conservation of natural resources for the benefit of the production
system and surrounding landscape. NRCS also focuses on information
delivery and assistance to producers and landowners to increase
conservation practices on private lands that help agricultural
operations and their communities build resilience to variable climatic
conditions and extreme weather. Many of these same practices also
provide opportunities to sequester carbon or reduce greenhouse gas
emissions. Categories of conservation practices for climate smart
agriculture and forestry include soil health, nitrogen management,
grazing and pastures, agroforestry, forestry, and upland wildlife
habitat.
Funding
Comment: A wide range of comments related to funding. Most comments
can be summarized as requests to fund repairs or improvements to aging
infrastructure. Comments also related to the types or rates for NRCS
payments, such as funding for practices that maintain streamflow and
use of local economic analysis when establishing payment rates. There
were recommendations that NRCS provide financial incentives for
incorporating voluntary, rotational fallowing with cover crop to
support basin-wide water conservation, including developing financial
incentives that adequately compensate for the costs of taking land out
of production on a temporary or longer rotation to conserve water.
Response: NRCS will continue to improve its outreach efforts to
ensure producers in local areas are aware of their options. NRCS has a
variety of programs that are used to address aging infrastructure,
including Watershed and Flood Prevention Operations, the Watershed
Rehabilitation Program, the Regional Conservation Partnership Program,
and the Environmental Quality Incentives Program (EQIP).
The Infrastructure Investment and Jobs Act also known as ``the
Bipartisan Infrastructure Law'' (BIL), Public Law 117-58, see Division
J, Title I) provides $918 million for implementation of projects
through NRCS watershed programs. In particular, BIL provides $500
million for the Watershed and Flood Prevention Operations Program,
which helps entities of state, local, and Tribal governments (project
sponsors) protect and restore watersheds up to 250,000 acres by
cooperating with them to plan and install projects for a range of
water-related purposes including rural, municipal, and industrial water
supply, and use and disposal of water. BIL also provides $118 million
for the Watershed Rehabilitation Program, which helps project sponsors
rehabilitate aging dams constructed with NRCS assistance. Finally, BIL
provides $300 million for the Emergency Watersheds Program to address
impairment to watersheds caused by natural disasters such as floods,
drought, and wildfires.
Through the Regional Conservation Partnership Program, NRCS co-
invests in public-private partnerships to expand collective
conservation efforts to address drought, poor water quality, and other
natural resource concerns. Eligible farmers and ranchers located in an
EQIP priority area for the WaterSMART Initiative (WSI) are
automatically ranked for funding improvements to managing soil
moisture, irrigation water use efficiency, and protecting irrigation
water sources from depletion. These targeted EQIP-WSI investments are
coordinated with investments made by the BOR's WSI Program in water
conservation and drought resilience projects carried out by water
suppliers in the same area.
General Comments
Comment: Several comments expressed general support for NRCS
activities and suggested that NRCS should do more to address water
quantity issues in the West.
Response: NRCS appreciates the feedback. NRCS has developed western
water quantity strategies through its framework for conservation and is
currently rolling out guidance for implementing them. NRCS charged its
State Conservationists to work with its stakeholders to identify the
priority water quantity and related issues in their state, the current
agency response to addressing them, and the key barriers, challenges,
or gaps that stakeholders may be able to help fill. These issues,
actions, and needs have been evaluated by NRCS subject matter experts
and NRCS will share its findings resulting from this evaluation in its
new framework.
Groundwater
Comment: Comments acknowledged that NRCS programs currently address
groundwater protection but recommend that NRCS should increase program
funding and partnership input on setting priorities.
Response: State Technical Committees, including local work groups,
provide NRCS an avenue for direct stakeholder input to each State
Conservationist, and NRCS strives to be responsive to stakeholder
input. Through its framework for conservation action with respect to
western water quantity and related issues, NRCS encourages stakeholders
to continue to engage with local workgroups and State Technical
Committees to identify priorities, such as groundwater depletion, to
target with NRCS programs, funding, and activities.
[[Page 10083]]
Initiatives
Comment: Comments recommended that the agency develop a specific
program or targeted funding effort that focuses funding for groundwater
depletion in the western region where applicants compete only against
other groundwater projects.
Response: NRCS acknowledges the suggestion to target funds
specifically towards addressing groundwater depletion in the western
region. NRCS currently has multiple initiatives in-place that address
the complex challenges of preventing groundwater depletion across a
vast region. These include the WaterSMART initiative, National Water
Quality Initiative (expanded in FY 2019 to include source water
protection), and others. NRCS believes that an additional program
initiative could create undue complexity and reduce state-level
flexibility.
Inter-Agency Coordination
Comment: Comments about inter-agency coordination related to
overall coordination of activities, including comments recommending
that NRCS coordinate its program implementation with other Federal
agencies, especially BOR.
Response: NRCS has long recognized the importance of Federal agency
coordination on water quantity and related issues, and USDA is a member
of the Water Subcabinet, the Drought Resilience Interagency Working
Group, has a liaison to the Western States Federal Agency Support Team
(WestFAST) of the Western States Water Council (WSWC) of the Western
Governors' Association, and is permanent co-chair of the National
Drought Resilience Partnership. NRCS and the United States Army Corps
of Engineers (USACE) recently renewed their agreement to coordinate on
infrastructure projects and natural resources conservation in
watersheds to benefit communities across the landscape. NRCS
facilitates coordination of its program delivery in each State with
other federal agencies through its State Technical Committee meetings.
Additionally, NRCS participates in meetings held by other Federal or
State agencies to ensure that there is high level coordination between
the State and regional agency heads of other resource agencies and the
broader State Conservation partnership.
Irrigation
Comment: There were multiple comments supporting current efforts
from NRCS to address irrigation issues in the West. Several
stakeholders requested financial assistance for aging infrastructure
such as conveyance systems, municipal and industrial water supplies,
and recreational areas. Comments requested that NRCS and other Federal
agencies align their timelines more closely. Comments referred directly
to irrigation efficiency and recommended the adoption of advanced
conservation technology.
Response: NRCS has several programs that help support the repair or
replacement of aging water infrastructure, including through the EQIP
assistance to water management entities, the Regional Conservation
Partnership Program Alternative Funding Arrangements, and the Watershed
Rehabilitation Program under Watershed Operations. NRCS coordinates the
assistance available through these programs, targeting different
aspects of surface water and conveyance systems. Further, NRCS field
offices work with producers on a daily basis to assist them with
increasing their irrigation efficiency. Irrigation efficiency is
addressed by almost every irrigation-related conservation practice
available to our producers.
NRCS furthers the availability of innovative and advanced
conservation technologies through an appropriate vetting process to
ensure that producers receive a technically sound and operation-
appropriate system. NRCS encourages innovators to consider applying for
funding opportunities through Conservation Innovation Grants and On-
Field Conservation Innovation Trials authorized under the Agriculture
Improvement Act of 2018 (2018 Farm Bill, Pub. L. 115-334).
There were also multiple comments about financial assistance
through NRCS that seem to fall outside of our authority.
Locally-Led Conservation
Comment: Comments related to the locally-led conservation process
in regards to the 2018 Farm Bill program administration. These comments
identified issues related to interaction with the State Technical
Committee, local work group functions, and staffing concerns.
Response: NRCS continues to value coordination at the local level
to help solve western water quantity issues, which is why NRCS
regularly engages local and State stakeholders through State Technical
Committee and local work group meetings. This approach has proven
effective by empowering State leaders and coalitions to establish
funding priorities that ensure critical resource concerns are allocated
proportionate resources.
NRCS supports the installation of site-specific conservation
practices that help farmers manage moisture, reduce drought
susceptibility, efficiently use irrigation water, and conserve ground
and surface water by providing technical and financial assistance
towards:
<bullet> Installing on-farm irrigation water delivery systems and
structures, for example, irrigation ditch lining, irrigation pipelines,
micro-irrigation systems, reservoirs, sprinklers, and subsurface
systems; and
<bullet> Establishing vegetation and improving land management
practices, for example, crop row arrangement, drainage and irrigation
water management, forage harvest management, nutrient management, crop
rotations, residue and tillage management, and cover crops.
NRCS uses interim conservation practices as a mechanism for field
testing new technology for addressing water conservation and drought
not addressed by the existing NRCS suite of conservation practice
standards. For example, two new groundwater recharge practices are
being tested in California as described above.
NRCS uses a multitude of tools to document staffing needs by field,
area, and State offices. These tools are used to help target staff
resources to those areas suffering multiple years of drought to assist
producers who wish to install practices that address water quantity and
related natural resource concerns.
NRCS Standards and Specifications
Comment: Comments related to NRCS standards and specifications,
including coordination of NRCS standards with those of BOR.
Response: NRCS technical leadership will compare NRCS and BOR
standards and will identify if there are any potential conflicts. If
so, NRCS will work with BOR to identify criteria allowances that are
mutually acceptable to NRCS and BOR.
Planning Assistance
Comment: Comments related to planning assistance identified issues
related to ground water depletion, water budgets, funding local water
supply conservation projects, and coordination with public agencies on
regulations and permits.
Response: Through the Watershed and Flood Prevention Operations
Program, NRCS provides planning assistance and feasibility studies
directly to entities of State and local governments and Tribes in need
of help
[[Page 10084]]
with protecting and restoring small watersheds for multiple purposes
including agricultural water management. Agricultural water management
may include water supply structures, ground water recharge, and other
large infrastructure works of improvement in the community. Such
locally-sponsored projects are highly coordinated between sponsoring
and regulatory agencies and involve detailed studies before design and
implementation can begin. NRCS also provides conservation planning
assistance and technical expertise to individual farmers, ranchers, and
forest managers wanting to make conservation improvements to the land
they manage.
Program Eligibility
Comment: Comments related to NRCS conservation program eligibility
as it relates to western water quantity concerns. Comments encourage
NRCS to prioritize water quantity more in its programs.
Response: NRCS appreciates the comments and recognizes that
addressing drought stress and the need to support drought resilience is
increasing the priority that may be placed on water quantity resource
concerns. NRCS encourages partners to participate in the locally led
process and State Technical Committees to influence where NRCS places
priorities. In addition, these needs are incorporated within the new-
framework for conservation action described below.
Related Water Quality Issues
Comment: Comments identified issues related to water quality
including funding on and off farm irrigation systems, funding
community-based organizations, considering the effects of irrigation
systems on both surface and ground water resources, flexibility at
local and state levels, prioritizing large scale projects, interstate
coordination, outcome estimation, final program rules, water
infrastructure, climate change impacts, Strike Force areas, the
importance of healthy soil and soil moisture management to efficient
irrigation water use and water conservation, and the impact of non-
native vegetation on watershed hydrology caused by threats to the
landscape such as wildfire and feral hogs.
Response: NRCS appreciates the suggestions for fully utilizing its
authorities to help communities and individuals across the West address
issues related to the supply and quality of water. Specific suggestions
for each watershed and conservation program have been received by
appropriate national and State level program managers for
consideration.
NRCS has developed a framework for conservation as described below
to coordinate its programs' resources more effectively with those of
other public agencies and private stakeholders in each water resource
region and State. Communication strategies will be included to inform
the public more effectively about available program resources to
achieve desired outcomes for ground and surface waters.
NRCS works in partnership with State Conservation Agencies, State
Associations of Conservation Districts, and other types of partners in
each State or territory, and with Indian Tribes to expand our reach and
put more conservation on the land. NRCS coordinates with other Federal
agencies who help States, Tribes, local governments, and other water
resource managers to leverage Federal resources available for achieving
water resource conservation outcomes from delivering its programs.
Snow Survey and Water Supply Forecasting
Comment: Comments related to snow survey and water supply
forecasting. In general, the comments relate to improving the sharing
of information between agencies and entities involved with water supply
data collection and having a unified focus on addressing the issues in
eastern Oregon.
Response: The NRCS State Conservationist for Oregon has worked in
cooperation with Federal and State agency partners to develop and
provide water supply condition and data reports. The reports are
generated bi-weekly each year to assist in identifying flood potential
in near-real-time in the Umatilla River and McKay Creek watersheds in
eastern Oregon. These reports can be accessed at the NRCS Oregon Snow
Survey website at the following link: <a href="https://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/or/snow/?cid=nrcseprd854607">https://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/or/snow/?cid=nrcseprd854607</a>. Interested parties
can sign up (subscribe) to receive the reports at the link as well.
At the request of the Oregon State Climatologist, the NRCS Oregon
Snow Survey Supervisory Hydrologist serves as a lead technical
consultant to provide guidance for Oregon's input to the National
Drought Monitor (DM). The goal of these efforts is to make Oregon's
drought designation mimic the national model so that a unified message
is provided by the State of Oregon, relating drought to partners and
stakeholders.
NRCS Oregon is a lead technical member of the Governor's Drought
Readiness Council and Water Supply Availability Committee. The Drought
Readiness Council and Water Supply Availability Committee members
include Federal and State agency representatives that review drought
and water supply conditions monthly to provide input to the Governor's
office and to make decisions based upon critical water supply
conditions across Oregon.
Soil Health
Comment: Comments expressed that soil health is important,
especially in a rangeland setting.
Response: NRCS appreciates this comment supporting soil health and
agrees that soil health is very important in rangelands to improve
water infiltration and retention.
Source Water
Comment: Comments suggested source water considerations should be a
part of the western water quantity strategy. The comments recommended
that NRCS consider involving drinking water providers or other source
water stakeholders in setting priorities, including in the State
Technical Committees.
Response: Protecting drinking water sources is a priority for NRCS
and partners and is incorporated into our program implementation as
identified by the 2018 Farm Bill. NRCS will continue to address this
priority and agrees that having source water stakeholders participating
in State Technical Committee meetings is a good idea. Interested
stakeholders should contact their NRCS State Conservationists to
receive information about State Technical Committee participation.
Water Rights
Comment: Comments suggested that NRCS needs to have greater
involvement in processes related to State determinations of water
rights, such as a curtailment by a State engineer.
Response: NRCS does not have a role with the purchase, sale,
enforcement, or adjudication of water rights under State law.
Wildlife Habitat
Comment: Comments addressed a multitude of wildlife habitat issues.
Response: NRCS has strong relationships with its Federal and State
wildlife partners, and greatly appreciates the coordination of its
programs with these partners under the Working Lands for Wildlife
(WLFW) partnership. Through WLFW, USDA uses a win-win approach to
[[Page 10085]]
systematically target conservation efforts to improve agricultural and
forest productivity which enhances wildlife habitat on working
landscapes. Target species are used as barometers for success because
their habitat needs are representative of healthy, functioning
ecosystems where conservation efforts benefit a much broader suite of
species. NRCS recognizes that water availability is a need for wildlife
as well as agriculture, and partners help NRCS to identify mutually
beneficial solutions for both.
Framework for Conservation
In January 2021, NRCS convened a working group of State and
national subject matter experts to review input received from the
public listening session and written comment period. Based on the
working group's analysis, NRCS developed a western-focused strategic
framework to address challenges posed by water scarcity and guide
program delivery at the State and local level. Referred to as NRCS's
Western Water and Working Lands Framework for Conservation Action, the
broad planning guidance will help NRCS leaders in each State improve
their business plans to better address cross-cutting issues related to
protecting water resources in their State.
The first step of developing the new framework was completed in the
summer of 2021 when State Conservationists briefed State Technical
Committees with a summary of input received during the listening
session and provided them an opportunity to advise further. NRCS
experts reviewed all the input received and formulated strategies for
increasing conservation opportunities that address challenges related
to managing water resources across western landscapes. The next step
will be for NRCS leaders in each State to use the framework to develop
targets for increased conservation actions over the next few years.
Terry Cosby,
Chief, Natural Resources Conservation Service.
[FR Doc. 2023-03278 Filed 2-15-23; 8:45 am]
BILLING CODE 3410-16-P
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