early March 2003

Madame Chairman, thank you for holding this hearing on two important bills. My statement only relates to one: S. 212, a bill to study and monitor the High Plains Aquifer (Ogallala).

I am concerned that S. 212 provides a window for federal involvement in managing the most scarce and important resource in the West - water.

The Federal Government has repeatedly recognized that states best manage water, and many states have developed successful water management systems. One of the finest of which is in my state of Colorado. It has worked well with the respective federal agencies and Colorado has developed the foremost in-stream flow program in the nation.

S. 212 provides a window for federal involvement in the management of state water. I believe that the sponsors of the bill are well-intentioned, as they recognize many states would like to better monitor their water, but deficits and funding constraints preclude additional spending.

Therefore, S. 212 authorizes funds for participating states to assist in doing the work. However, I am troubled by the level of federal involvement in a few areas.

For example, the bill provides for USGS to monitor water on a county-by-county basis even when states do not opt-in to the program.

Second, the bill allows for state engineers a seat at the Federal Review Panel. However, I am concerned with the level of the states' voice at that table, especially when weighed against Federal interests.

Furthermore, I know that the High Plains Aquifer has been studied in the past. In fact, I am aware of one ongoing study using federal dollars by two distinguished universities.

The difference with that study and the program proposed in this legislation lies in the level of federal involvement in managing a uniquely state resource.

I am certainly not the sole voice of concern with this bill.

I have a letter from the Colorado Farm Bureau expressing their strong opposition to S. 212 for a variety of reasons.

I ask unanimous consent that a copy of which be placed in the Record.

Coming from a state that just experienced its worst drought on record, I recognize the great demands being placed on our water resources. Efficient management of water is necessary for the West to be able to meet its projected future growth.

I look forward to working with my friend, Sen. Bingaman and my colleagues to make sure that we have a bill we all can feel comfortable with, especially the states.

Thank you.