Subpanel to consider two bills aimed at ski resort claims, drought

The legislation (H.R. 3189) from Rep. Scott Tipton (R-Colo.) is one of two bills to be taken up Thursday by the Subcommittee on Water and Power.

In 2011, the Forest Service introduced a new clause to its ski area permits that required operators to transfer some water rights to the federal government. The government argued that water rights should stay attached to the publicly owned land. But the Lakewood, Colo.-based National Ski Areas Association sued over the issue, and a federal district court judge ruled that the service had failed to follow administrative procedures in establishing the new permit provisions, remanding the issue back to the service.

The issue promises to become more important as the West faces greater strains on water supplies in the face of changing climate conditions and rising demand, Forest Service Associate Deputy Chief Jim Pena told Colorado's Legislature last month, according to local news reports.

Tipton last month introduced H.R. 3189 to block the departments of the Interior and Agriculture from conditioning any permit, lease or agreement on the transfer of water rights to the federal government. The legislation has drawn six Western co-sponsors, including one Democrat, Rep. Jared Polis (Colo.).

"Long-held state water law protects the many uses vital to Colorado and Western States -- from recreation to irrigation, domestic use and environmental protection," Tipton said in a statement. "Unfortunately, all of this is being undermined by federal intrusion that creates uncertainty and jeopardizes the livelihoods of communities, individuals, and businesses responsible for thousands of jobs."

The committee will also consider legislation (H.R. 3176) from full committee ranking member Peter DeFazio (D-Ore.) to reauthorize the Reclamation States Emergency Drought Relief Act of 1991.

The act allows the Interior Department, which includes the Bureau of Reclamation, to take emergency measures in Reclamation states during drought, including constructing temporary facilities, facilitating water transfers, and moving and storing non-project water. The act also allows Reclamation to provide technical assistance to all states, tribes and territories with drought contingency plans.

The Senate Energy and Natural Resources Committee cleared companion legislation (S. 659) from committee Chairman Ron Wyden (D-Ore.) in May (E&E Daily, May 17).

Schedule: The hearing is Thursday, Oct. 10, at 2 p.m. in 1334 Longworth.

Witnesses: Wayne Crews, vice president at the Competitive Enterprise Institute; David Corbin, vice president of the Aspen Skiing Co.; Randy Parker, CEO of the Utah Farm Bureau Federation; Glenn Porzak, attorney for the National Ski Areas Association; and Tony Willardson, executive director of the Western States Water Council.