Unsurprisingly, 2016 will be all about the elections. And like most election years, especially presidential elections, the majority of legislation brought up for a vote will be “messaging bills” that members can use to campaign. With the presidency at stake, plus control of the Senate, both parties will be angling for any advantage.

Lawmakers will, however, have a narrow window in 2016 to move any legislation that is not considered a “must-pass” bill. Although the current budget agreement goes through the end of Fiscal Year 2017, lawmakers still need to pass the 12 appropriation bills needed to fully fund the federal government, as well as reauthorize the Federal Aviation Administration.

Looking ahead, the House will start work on a new Water Resources Development Act bill. The WRDA bill sets policy for the Army Corps of Engineers and it’s in that bill that projects get “teed-up.” Preliminary and oversight work is expected to begin soon. The current bill’s authority expires in FY19.

As it relates to the ongoing drought, Congress continues to be stalled on two basic issues:

• The House’s intent, led by Rep. David Valadao (Hanford, Calif.) and with whom we have spoken to, in increasing deliveries of water to the Central Valley farmers, which generates major opposition from environmental groups; and
• The California senators’ desire to increase funding for water projects that the House won’t accept.

Neither of these issues made it very far in 2015, although they were fairly close to passing drought legislation in 2014. Efforts are expected to continue in 2016, albeit with continued struggles. Many believe that, to generate broad support and move forward, drought legislation has to be “westwide.”

On a positive note, the Consolidated Appropriations Act of 2016 (spending bill) did provide additional funding to address the ongoing drought throughout the West. This is explained in more detail below.

2016 Omnibus – Western Drought Response

The 2016 spending bill allocates $100 million toward “Western Drought Response,” double the amount that was appropriated last fiscal year.

Additionally, Congress included similar language to last year, where it specified that:

“Funding provided under the heading ‘Western Drought Response’ may be allocated to any authorized purpose, but shall be allocated to those activities that will have the most direct, most immediate, and largest impact on extending limited water supplies during current drought conditions. Reclamation is encouraged to use all available authorities to provide for additional water supplies through conservation, minor changes to the operations of existing projects, drilling emergency wells, or other means authorized under current law. This additional funding may be used alone or in combination with any other funding provided in a program, project, or activity.”

While Congress did not specify where the money may be used, it limited its use to “authorized” purposes. A look back at FY15 and the Bureau of Reclamation’s FY16 Budget Justifications can help determine how the $100 million will be allocated.

In February 2015, the Bureau of Reclamation announced it would use the $50 million to address seven projects:

• Central Valley Project, which includes funding for the Delta Division, Friant Division, Shasta Division and water and power operations, California ($19.9 million);
• WaterSMART Grants, Title XVI Water Reclamation and Reuse Program, and Drought Response and Comprehensive Drought Planning ($14 million);
• Lower Colorado River Basin Drought Response Action Plan, California, Arizona and Nevada ($8.6 million);
• Native American Programs ($4 million);
• Yakima River Basin Water Enhancement Project, Washington ($2 million);
• Lewiston Orchards Project, Idaho ($1 million);
• Carlsbad Project, New Mexico ($500,000).

Additionally, in its FY16 Budget Request, the Bureau stated that it “anticipates awarding funding under three program elements to: 1.) develop and update comprehensive drought plans; 2.) implement projects that will build long-term resiliency to drought and 3.) implement emergency response actions.”

While the Bureau has yet to release any details, it is a safe assumption that program funding will be used to support drought contingency planning and drought resiliency projects.