Friday, May 8, 2015

What We Learned This Week - "The rain in Plains stayed mainly off the grains"

There was a fertilizer spill in Indiana with "only a few dead fish," and yet another in a series of oil production brine spills in North Dakota. Lawmakers and industry representatives agree that microbead plastic particles should be kept out of U.S. waters. However, exactly how to define those "U.S. waters" continued to be a point of political disagreement. Minnesota's state senators passed a microbead bill.  That state's Health Department called farmland-related nitrates a "growing chemical threat" to drinking water, while the state's Governor talked about clean water, wastewater infrastructure, and being called a stream buffer bully.  USDA will make over $200 million available this year for farm and ranch land conservation through a regional partnership program. A USDA economists suggested that the Department reframe how it implements voluntary conservation programs related to water quality improvement. Missouri River runoff in April was half of what it usually is due to low Dakotas' rainfall.  The week's Plains' rainfall fell mostly outside of already-drought-stricken areas.  Mississippi River megafloods likely wiped out the largest ancient Native American civilization in what is now Illinois. Kentucky's hemp production is getting higher, and U.S. planting zones "have shifted ever so subtly" because of climate warming. Louisiana Sens. Vitter and Cassidy were critical of the impact flood insurance rates might have on economic growth and they suggested that FEMA drop a new rule's linkage between mitigation grants and state climate change planning. The last time the Earth had this much carbon dioxide in the atmosphere was more than a million years ago. North Dakota Sen. John Hoeven wants to "improve on" a new U.S. EPA coal ash disposal rule. A judge ruled that the federal government must pay for Hurricane Katrina damages amplified by the Mississippi River-Gulf Outlet system. Missouri state-endangered lake sturgeon are reproducing in the Mississippi River. The Pennsylvania House voted to thin its own ranks along with those of the state Senate. A new round of South Dakota hearings on the Keystone XL pipeline project will once more pit anti-pipeline activists against project supporters. And last but not least, "underutilized seafood" like Asian carp and other "trash fish" will be highlights of an exclusive Chicago dinner later this month.

Mississippi River Basin Water Resource Weekly News

~Most of the Water News - None of the Spin~
It's a Budget!
For the first time since the 2010 fiscal year, both chambers of the U.S. Congress agreed on the same budget. On Tuesday,
the Senate passed a nonbinding budget conference report (S.Con.Res. 11) on a 51-48 vote (every Senate Democrat and two Republicans voted against the budget). The House passed the budget conference agreement last Friday before taking this week off. Next, the House and Senate Budget committees will use the resolution's budget framework to establish guidelines for each chamber's twelve Appropriations subcommittees to follow in crafting the 2016 fiscal year's spending bills. Recall that the House last week passed its fiscal year 2016, $34.5 billion energy and water appropriations bill, the first spending bill out of that chamber this year.

Appropriations subcommittees with jurisdiction over funding for Federal departments and agencies that manage key Mississippi River Basin programs, and links to their web pages are:
  • Agriculture, Rural Development, Food and Drug Administration, and Related Agencies (USDA, except the U.S. Forest Service) (Senate and House web pages) 
  • Energy and Water Development, and Related Agencies (Army Corps of Engineers, Department of the Interior-Bureau of Reclamation) (Senate and House web pages)
  • Homeland Security (Department of Homeland Security, including the Federal Emergency Management Agency) (Senate and House web pages) 
  • Interior, Environment, and Related Agencies (USEPA; U.S. Forest Service; Department of the Interior, except Bureau of Reclamation and Central Utah Project) (Senate and House web pages)
You can track the status of and link to each House and Senate subcommittee spending bill for the next fiscal year at this Congress.gov web site.

Noteworthy @UpperMiss Twitter Postings for the Week

Water Quality -
Waters of the United States Issue
  • Spending bill that would block Army Corps' WOTUS rule implementation passes House but with less than a veto-proof majority http://ow.ly/MooMD
  • Majority Leader Kevin McCarthy's House agenda for week of May 11 http://ow.ly/MtDk8  includes WOTUS-blocking bill (H.R. 1732 http://ow.ly/MtDoS)
  • NRDC and NWF launch Waters of the U.S. ad campaigns aimed at swaying Sen. Amy Klobuchar (D-MN); NRDC Minneapolis Star Tribune ad: http://ow.ly/MF6Mv and NWF radio ad: http://ow.ly/MF7bp (Also see this related E&E Greenwire article re: ad campaigns aimed at influencing Sens. Casey (D-PA) and Klobuchar (D-MN) http://ow.ly/MF7LZ)
Other Water Quality News
  • USDA economist: USDA must reframe how it implements voluntary conservation programs to effectively address water quality issues http://ow.ly/MosLM
  • Lawmakers and industry representatives back plan for federal phaseout of microbead plastic particles http://ow.ly/MtEre
  • Capitol Hill briefing recap: "Nutrient Trading – Can it Help Make the Lake Less Green?" http://ow.ly/MuNPO
  • West Virginia DEP says new Freedom Industries liquidation plan would shortchange 2014 chemical spill site cleanup http://ow.ly/MxeTw
  • Whitewater River (Indiana) shows little impact from Sunday fertilizer spill (no elevated ammonia; "only a few dead fish") http://ow.ly/MxfGv
  • Oasis Petroleum notifies North Dakota officials of oil production products' spill near Smishek Lake (White Earth River) http://ow.ly/MAvxL (also see: "significant" 63,000-gallon brine spill enters North Dakota lake http://ow.ly/MDTIb)
  • Public comment sought on Wisconsin point source phosphorus discharge multi-discharger variance concept http://ow.ly/MAwci
  • EPA issues health advisory values that states and utilities can use to protect consumers from elevated levels of algal toxins in drinking water http://ow.ly/MBwkE (see related story, below)
  • New EPA cyanobacterial microcystin advisory differs from WHO recommendation, leading to officials’ questions http://ow.ly/MEEAb
Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, Supplies, etc.) -
Photo: Vincent Laforet/New York Times
  • Wildlife Mississippi sign-on letter to Army Corps' supports findings and approach of draft Lower Mississippi River Resource Assessment http://ow.ly/MDK91 (link to draft Assessment here: http://ow.ly/MDKCj)
  • Missouri River runoff half of average in April; a result of lack of Plains snowpack and below average Dakotas' precipitation http://ow.ly/MARRx
  • Sens. Vitter and Cassidy (R-La.) hold New Orleans field hearing on flood insurance rate impacts on small businesses and economic growth http://ow.ly/MtIdT 
  • New Federal Emergency Management Agency policy requiring states to address climate change before they can become eligible for grant funding is drawing fire from congressional Republicans http://ow.ly/MADKM (see related article below)
  • Senators Vitter and Cassidy (R-La.) want FEMA to drop new rule's linkage of mitigation grants to climate change action http://ow.ly/MAyKe
  • Supporters ask for $48 million in Minnesota bonding money this year for project to carry Missouri River water to Iowa, South Dakota and southwestern Minnesota http://ow.ly/Moqky
  • Judge rules that federal government must pay for Hurricane Katrina damage due to Mississippi River-Gulf Outlet's role in amplifying storm surge http://ow.ly/MtArI (see related article, below)
  • Federal judge rules that federal government must pay for some of the flood damage from Hurricane Katrina and subsequent storms http://ow.ly/MuQoS (see ruling here: http://ow.ly/MuPLr)
  • Advocates highlight need for large, Mississippi River diversions as part of Louisiana’s coastal restoration plan http://ow.ly/Mv6tA
  • "Steady progress" continues at the site of the Red Rock Hydroelectric Project (Des Moines River) http://ow.ly/Mv71S
  • USGS report: aquifer recharge from Little Arkansas River likely slowing advance of Equus Beds salt plume toward Wichita water supply wells http://ow.ly/MAzug
  • Arkansas River communities' engineers release report describing project, estimating costs for several low-water dams http://ow.ly/MBCiA
  • El Paso County's flood mitigation project on its way to Colorado Governor's desk, after months of controversy (Arkansas River) http://ow.ly/MEumT
  • In wake of tornadoes, flood warnings issued for Oklahoma, Nebraska, Louisiana streams, Mississippi River http://ow.ly/MEqis
  • New Ceres report ranks food companies on water risk management; to encourage companies, shareholders to protect waterways http://ow.ly/MEH1y
  • Brookings paper on financing transportation infrastructure calls on Army Corps of Engineers to carry out high-priority projects funded by the Harbor Maintenance Trust Fund's surplus http://ow.ly/MEFLX
Agriculture -
  • USDA Natural Resources Conservation Service (NRCS) issues new conservation practice standards, updating the National Handbook of Conservation Practices.  Changes go into effect immediately http://ow.ly/MACrz (also see National Conservation Practice Standards web site)
  • USDA makes $235 million available for farm and ranch conservation through Regional Conservation Partnership Program (pre-proposals due July 8) http://ow.ly/MwSVA (also see this AgriPulse article: http://ow.ly/MwXmg)
  • University of Illinois agricultural economist provides an overview of USDA's revised conservation compliance regulation http://ow.ly/Mooie
  • Energy Department's Argonne National Laboratory: study linking U.S. biofuel policies to the loss of grasslands lacked statistical proof http://ow.ly/MwUuP (original article that DOE commented on: http://ow.ly/MwUdO)
  • Colorado embarks on federally-backed $3.4 million water efficiency project tapping irrigation water to generate electricity http://ow.ly/Mxcle
  • Kentucky's hemp production is expected to surpass 1,700 acres this year http://bit.ly/1EOslxn
  • Op-ed: Management Of Resources Is Important To A Farmer’s Image http://ow.ly/MBB1U
  • What farm cooperatives can do for the food system and farmers http://ow.ly/MDLFj
Photo source: NOAA (click to enlarge)
Climate and Weather -
  • NOAA: in April for the first time, the ppm of atmospheric CO2 were over 400 globally for a month http://ow.ly/MBMuB (story: http://ow.ly/MBMwJ)
  • Obama administration convenes local and state leaders and experts to encourage infrastructure planning incorporating climate change preparation http://ow.ly/MxwX5
  • US drought update: abnormal dryness expands into Missouri, northwestern Iowa; drought expands in Minnesota; the week's Plains rains fell outside most primary drought areas http://ow.ly/MDRvD
  • NOAA: U.S. planting zones "have shifted ever so subtly over the past few decades in response to warming climate" http://ow.ly/MtG2h
  • Northern Plains Regional Climate Hub publishes "Regional Vulnerability Assessment" encompassing Montana, North Dakota, South Dakota, Wyoming, Nebraska, and Colorado; press release: http://ow.ly/Mx8dB (assessment: http://ow.ly/Mx80F
Photo credit: Creative Commons
Biodiversity, Wildlife and Invasives -
  • Western Minnesota Cooper's hawk is first wild bird in the state to test positive for H5N2 virus http://ow.ly/Mo0FI
  • Invasive Emerald ash borer regulated area expands in Minnesota with the addition of Dakota County http://ow.ly/Mo1e3
  • Minnesota invasive-species research center under fire for not doing enough http://ow.ly/MDUyw
  • Anglers confirm that Missouri state-endangered lake sturgeon are reproducing in the Mississippi River http://ow.ly/Mv8Cl
  • Four Tennessee groups file suit in Federal District Court to protect threatened blackside dace from strip mining http://ow.ly/Mxeac
  • Tamarisks once used to stabilize riverbanks and to provide Plains windbreaks has become a pervasive, water guzzling, invasive http://ow.ly/Mxpfs
  • Over reliance by farmers on glyphosate for weed control is leading to more resistant weeds; problem bigger in soybean production http://ow.ly/MxyUS
  • Fish and Wildlife Service proposes new Rocky Mountain Arsenal National Wildlife Refuge comprehensive conservation plan http://ow.ly/MAkAC
  • Lesser prairie Chicken has lost over 80 % of its range to oil and gas, wind energy sector development http://ow.ly/MDYUB
  • Wisconsin wildlife officials considering BNSF Railway request to construct La Crosse River marsh railroad line during endangered black tern nesting season  http://ow.ly/MEt5T
In the Cities -
  • Advocate for sustainable Pittsburgh riverfront development pushes for improvements to Allegheny River trail http://ow.ly/MuWGw
  • Washington, Missouri poised to buy land on Missouri Riverfront for trail extension http://ow.ly/Mv83x
  • A multi-million dollar green space project is under construction along the Ohio River in Newport, Kentucky http://ow.ly/MBz8o
  • Des Moines advances plans for rail port transloading facility http://ow.ly/MEvl7
In the States-
  • Minneapolis Star Tribune editorial: Don't backpedal on Minnesota Gov. Dayton's "buffer
    States in the news this week
    strips" bill http://ow.ly/MAxVY
  • Minneapolis Star Tribune op-ed decries "massive finger-pointing campaign against (Minnesota) farmers" http://ow.ly/MDUWV
  • Winona Daily News op-ed:  proposal to require Minnesota stream buffer strips is one of state's most important conservation initiatives in decades http://ow.ly/Mxgri
  • Minnesota Gov. Mark Dayton says he's not about to relent on plan requiring farmers to leave more space between cropland and sensitive waterways http://ow.ly/MDNCN
  • Bill banning the sale of soaps and other personal care products containing plastic microbeads passes the Minnesota Senate http://ow.ly/MC0BD
  • Cost of complying with new Wisconsin phosphorus-reduction water quality regulations could be more than $7 billion over 20 years http://ow.ly/MC4ho
  • Missouri House of Representatives passes H.B. 479; would stop release of farmers' and ranchers' private information to the public http://ow.ly/Mv2XQ (link to bill: http://ow.ly/Mv2ZE)
  • Nebraska counties looking to expand livestock operations could receive planning and infrastructure funding under state senate bill http://ow.ly/MArgX (link to bill: http://ow.ly/MArms)
  • Environmental groups, including Save the Illinois River, express concern about the reach of upcoming Oklahoma “Right to Farm” amendment ballot measure http://ow.ly/MBDhn
  • Colorado enacts law promoting water conservation in the land use planning process http://ow.ly/MxDm5
  • Pennsylvania House votes to cut their own ranks from 203 to 151, and to reduce the Senate from 50 to 37 http://ow.ly/MBanR
  • Forty-six states begin fiscal year 2016 on July 1. As of May 4, eight Mississippi River Basin states have enacted budgets for FY 2016 http://ow.ly/MxADq (seven Mississippi River Basin state legislatures have adjourned for the year http://ow.ly/MxBqb)
Gulf Coastal Region-
  • NOAA launches searchable website with post-Deepwater Horizon oil spill data http://ow.ly/MwTpD (link to site: http://ow.ly/MwTjS)
  • NOAA announces long-term Gulf of Mexico ecosystem research priorities (RESTORE Act spending) http://ow.ly/MBxm4
  • St. Bernard Parish (Louisiana) votes down hurricane protection levee and drainage infrastructure maintenance tax hike http://ow.ly/MC008
  • Environmental groups, locals worry Louisiana’s Atchafalaya Basin may be destroyed by a proposed industrial facility http://ow.ly/MEtv9
Resource Development -
  • Study: Pennsylvania’s Marcellus Shale fracking wells and associated pollution disproportionately in poor rural communities http://ow.ly/MAx6n (link to study abstract: http://ow.ly/MAx8F)
  • Minnesota appeals court hears sand mine owner argument that they should be exempt from trout stream setbacks http://ow.ly/MnDbX
  • Freedom of Information Act-obtained documents reveal existing Keystone 1 pipeline had deeply corroded in multiple spots http://ow.ly/MnHS6
  • South Dakota Public Utilities Commission sets Keystone XL pipeline certification  hearing for July 27-31 http://ow.ly/Mulug (see related article below)
  • New round of South Dakota hearings on Keystone XL project construction permit may pit activists against pipeline supporters http://ow.ly/MAyqN
  • U.S. Sen. Shelley Moore Capito (R-WV) introduces bill to speed up federal approval process for oil and gas pipelines http://ow.ly/MDXQ6
  • Obama administration conducting last review step of proposed annual ethanol and biodiesel blending mandates for 2014, 2015, 2016 http://ow.ly/MAB86
  • Seven Senate Democrats (six from Mississippi River Basin states), and several biodiesel producers hold press conference to push EPA to set strong RFS mandates through 2017 http://ow.ly/MGQv0
Federal Budget -
Events - Information on all past and future events listed here each week can be viewed in the on-line calendar, located above and to the right (and here as a stand-alone calendar)
  • "Artists' Eye at Coldwater Spring" Saturday, May 9, Minneapolis - via the Mississippi River News and Insights http://ow.ly/MDBrC
  • Fifth Blue Vision Summit in Washington DC, May 11-14 http://ow.ly/MnOTc
  • National (climate change) Adaptation Forum: Action today for a better tomorrow, May 12-14, St. Louis, Missouri http://ow.ly/MnQgI
  • St. Croix River Association public meeting about planned Enbridge oil pipeline across St. Croix headwaters; May 14, Spooner, WI. http://ow.ly/MDEhB
  • Value of Water Coalition public forum: Riding the Wave of Water Innovation, Minneapolis, MN, May 15, 8 -10:30 AM CT http://ow.ly/MtF3X
  • Eight nationally-renowned chefs to cook "underutilized seafood" like Asian carp at "Trash Fish
    Chicago;" May 18, 6:30 pm CT http://ow.ly/MohAC
  • Wisconsin Manufacturers and Commerce 2015 Environmental Policy and Awards Conference, May 21, Waukesha, WI http://ow.ly/Mo2R7
  • NOAA Webinar: Precipitation Patterns, Supply Planning and Demand Curves: The Complexity of Assessing Water Supply Risks; May 21, 1 PM ET http://ow.ly/MnRmn
  • NOAA Webinar: Water Hazards and Community Resilience; June 4, 1 PM ET http://ow.ly/MnSCU
  • Society of Environmental Journalists Conference: Weather, Water, Energy: News in Every Neighborhood; October 7-11; University of Oklahoma, Norman, Oklahoma http://ow.ly/MnTq2
  • American Water Summit, October 20-21, Denver, Colorado http://t.co/dFIodWFS9D
e-Newsletters, Publications, Journals, Multimedia  -
Other news-
  • International River Foundation's 2015 North American Riverprize Finalists include Sun River
    Credit: Samuel Munoz
    Watershed Group (aka "Medicine River" - Missouri River watershed) http://ow.ly/Mo4gZ
  • Pennsylvania Department of Conservation and Natural Resources to protect 27-square miles of high quality Clarion River tributaries, habitat for several species of concern (Ohio River Basin) http://ow.ly/MonFn
  • Proposed Minnesota and Wisconsin bills could cut funds for aesthetics planned for interstate bridge over Mississippi River http://ow.ly/Mor28
  • Authorities are hunting for vandals who spray-painted a cliff face in the Ozarks National Scenic Riverways in Missouri http://ow.ly/Mosnw
  • The Wisconsin Chapter of The Nature Conservancy is currently recruiting for a Freshwater Strategy Manager http://ow.ly/MveAO
  • The City of Minneapolis, Minnesota seeks to fill Water Resources Regulatory Coordinator vacancy http://ow.ly/MGSzE
  • Northern Plains Nitrogen plans massive fertilizer plant for northwest of Grand Forks, North Dakota http://ow.ly/MwVoO
  • Mississippi River megafloods wiped out biggest ancient Native American civilization of Cahokia http://ow.ly/Mxlvg
  • Sen. John Hoeven (R-ND) says Senate coal ash disposal amendment is likely at some point to "improve on" an EPA coal ash disposal rule http://ow.ly/MAm9m
  • Missouri National Recreational River visitors spent over $5.5 million dollars and supported 88 jobs in local area http://ow.ly/MBzKm
Politics and People-
  • Prairie Rivers Network names new Executive Director, Carol Hays http://ow.ly/Myj8U
  • U.S. Forest Service ranks second (behind the State Department) of federal government agencies in Forbes annual America's Best Employers list, followed by the NIH, Coast Guard, NASA and Army Corps of Engineers; Arkansas is the top state employer http://ow.ly/MAL6C
Your Moment of Zen (for Mother's Day) - 
Photograph: Marc Latremouille/Media Drum World

Monday, May 4, 2015

Capitol Hill Briefing Recap: "Nutrient Trading – Can it Help Make the Lake Less Green?"

On April 27, the Northeast-Midwest Institute hosted a Washington, DC briefing on Capitol Hill focused on the potential for nutrient trading to address water pollution management challenges across the U.S.  Event speakers highlighted the many aspects, challenges and benefits of nutrient trading; trading's capacity to improve the health of water resources affected by nutrient pollution; and the potential for nutrient trading to be one part of a more comprehensive nutrient management package, whether in the Great Lakes watershed, the Mississippi River Basin, or elsewhere. A briefing audio recording can be found here, and briefing slides, here.

Briefing presenters included Bruce Knight (Strategic Conservation Partnerships), Alex Echols (Terra Altus), Brent Fewell (Troutman Sanders, National Water Quality Trading Alliance), Elin Betanzo (Northeast-Midwest Institute), and Victoria Pebbles (Great Lakes Commission).  An overview of each of their presentations follows.
  • Knight and Echols provided political, policy and technical background on the issue, and addressed the need for innovative solutions to manage nutrients, 
    Source: EPRI, Ohio River Basin Project
    including recent technological advancements that allow for precision farming and innovative nutrient trading to work (technologies such as targeted soil quality monitoring and fertilizer application).  They also stressed the potential money-saving potential of those innovative tools. 
  • Fewell described the necessary components of and challenges to trading, including trade ratios that require greater projected nutrient reductions from nonpoint pollution sources (i.e., compared to point sources), and the need to account for weather-related and other uncertainties. He also also emphasized the potential pitfalls associated with nutrient trading, and the need to effectively manage liability and credit trading contracts.
  • Betanzo described tools for measuring nutrient trading program water quality outcomes, and presented preliminary results from a soon-to-be-released report on water quality monitoring in the Lake Erie Basin. That study indicates that sizable nutrient reduction goals, and five- to ten-year monitoring windows will be necessary to reliably detect water quality changes resulting from nutrient trading or other nutrient reduction strategies. 
  • Pebbles provided an overview of the mechanics involved in a Fox P Trade pilot trading project in the Green Bay watershed, Wisconsin.  That pilot focused on the potential for phosphorus trading between agriculture and point sources, including wastewater treatment plants. 
Questions regarding the briefing, and briefing materials may be directed to Danielle Chesky, Director, Great Lakes Washington Program at the Northeast-Midwest Institute (telephone: 202.464.4012; email: dchesky@nemw.org), who is the primary contributor to this article.

Capitol Hill This Week - What to Watch For

Below are the U.S. Senate activities currently scheduled for this week that relate to Mississippi River Basin water resources.  The House is in recess for the week, but that chamber has put its Waters of the U.S.-blocking bill, H.R. 1732 (the "Regulatory Integrity Protection Act of 2015"), at the top of its agenda for the week of May 11.

Links are provided to the relevant committee web pages, and to related pieces of legislation.  Many Congressional proceedings are webcast live, and these should be, as well (follow the appropriate link).  All times are Eastern.  This page will be updated as warranted.

Tuesday
  • Senate Energy and Natural Resources Committee hearing on the Federal government’s role in wildfire management, impact of fires on communities, and potential improvements to be made in fire operations; 10:00 AM, room 366 Dirksen Senate Office Building.
Wednesday
  • Senate Environment and Public Works Committee hearing to examine the proposed fiscal year 2016 budget estimates for the Fish and Wildlife Service, and to examine several bills to amend the Endangered Species Act; 9:30 AM, room 406 Dirksen Senate Office Building.  The bills to amend the Endangered Species Act include: 
S.855, to permit state governors to regulate intrastate endangered species and intrastate threatened species, 
S.736, to require disclosure to states of the basis of determinations under the Act, 
S.655, to prohibit the use of funds by the Secretary of the Interior to make a final determination on the listing of the northern long-eared bat under the Endangered Species Act, 
S.293, to establish a procedure for approval of certain settlements, 
S.292, to require publication on the Internet of the basis for determinations that species are endangered or threatened, and
S.112, to require the Interior Department to publish and make available for public comment a draft economic analysis at the time a proposed rule to designate critical habitat is published.
  • Senate Homeland Security and Governmental Affairs business meeting to consider several bills, including S.280, the Federal Permitting Improvement Act of 2015; 10:00 AM, room 342 Dirksen Senate Office Building.

Friday, May 1, 2015

What We Learned This Week - "Make Way For Ducklings"

A new Minnesota Pollution Control Agency report reaffirmed  what the Agency already knew - that agricultural and urban runoff contribute significant to the pollution of state waterways. Forty-five environmental and conservation groups lined up against "dirty water" provisions added to a state spending bill. The Des Moines Water Works switched its water supply to avoid having to remove high levels of surface water nitrate.  A whistleblower alleged that Leavenworth, Kansas defrauded the federal government over flood payments, and illegally dumped sewage into a Missouri River tributary. The Senate teed up a new bill blocking the Administration's "Waters of the U.S." rule; while the House kicked a related bill into next month.  The Army Corps of Engineers granted a permit for construction of a controversial second railroad track through a La Crosse River marsh. Three million gallons of raw sewage flowed into the Kansas River at Topeka following a pump station power outage and backup generator failure.  A duck call ringtone on a firefighter's phone helped to rescue six ducklings from a Slidell, Louisiana storm drain.  Two-thirds of U.S. undeveloped hydropower potential is concentrated mostly on the Ohio, Mississippi, Alabama, and Arkansas rivers. Fragmentation and dewatering are transforming Great Plains stream fish communities in a not-too-good way. Conservatives are among the most politically active Americans.  An Oklahoma Scenic Rivers Commission administrator urged people to still care about the Illinois River.  Indiana Gov. Mike Pence is both more broad-minded and remains skeptical about climate change.   Rep. Betty McCollum's "Turkey, Sweet Potato, and Wild Rice" recipe won the Annual Minnesota Congressional Delegation Hotdish competition.   On a Monopoly board, the Ohio and Illinois spaces would each be worth over eight times either North or South Dakota.  And last but not least, South Dakota’s new ad campaign really is "Why die on Mars, when you can live in South Dakota?"  Really.


Mississippi River Basin Water Resource Weekly News

~Most of the Water News - None of the Spin~

Water Policy and Money Mix on Capitol Hill
The House began debating H.R. 2028, its fiscal year 2016, $34.5 billion energy and water spending bill, on Wednesday, and soon thereafter considered two amendments offered to remove provisions in the spending bill blocking changes to the way the Clean Water Act is implemented. One amendment would have removed a spending bill provision barring the Obama Administration from changing the definition of fill material under the Clean Water Act. A second amendment sought to remove a provision that effectively blocks the Army Corps from using funds to implement the proposed "Waters of the United States" rule or related guidance. Both amendments were defeated on a voice vote.  Numerous other amendments (see a full list here) were considered (and a majority were passed) by the House late Wednesday and Thursday.  Several of those amendments increased spending lines for Army Corps construction, operation and maintenance, and investigations beyond the levels included in the Committee-passed measure. One prohibits the use of funds for the Missouri River Ecosystem Restoration Program, and one reduces funding for the Corps' Regulatory Program by $424,000. The House is scheduled to complete consideration of the spending bill today (Friday), with passage expected.

One Waters of the United States Bills Introduced; One Delayed
At a Thursday morning press conference, Senate Environment and Public Works Committee
Sens. Inhofe (right) and Barrasso (left) introducing 
Senate bill blocking "Waters of the U.S." rule
members announced the introduction of a bill from Sens. John Barrasso (R-WY) and Joe Donnelly (D-IN).  The bill, S. 1140, the "Federal Water Quality Protection Act," would block implementation of the Obama Administration's proposed Waters of the United States rule.

Just the day before, the Administration issued a veto threat for a companion House bill (H.R. 1732) that would direct the U.S. Environmental Protection Agency and Army Corps of Engineers to withdraw the current proposal within 30 days and then within three months to consult with state and local officials on the issue. H.R. 1732, the "Regulatory Integrity Protection Act of 2015," was initially on the House schedule for this week, but floor action has now been delayed until after next week's House recess.

Senate-House Conference Budget Plan Passed by House
The House on Thursday passed a joint House-Senate budget conference plan that aims to balance the federal budget within 10 years by cutting over $5 trillion in spending over the next decade, including $496 billion in discretionary funding for domestic programs, and $4.2 trillion in mandatory spending. The GOP-crafted budget would limit appropriators to using only $19 billion for making changes to mandatory programs (known as "CHIMPS") during fiscal years 2016 and 2017 (mandatory farm bill conservation programs, for example, have often been subject to "CHIMPing").  For fiscal year 2016, the plan sticks to a $1.017 trillion discretionary budget cap set in a 2011 budget compromise, although it would circumvent that deal's defense spending cap by increasing a so-called war fund to around $96 billion.  A Senate vote is expected next week.  To see what else the Senate has on tap for next week relating to Mississippi River Basin's water resources, see here.

Noteworthy @UpperMiss Twitter Postings for the Week  
Water Quality -
  • Des Moines Water Works taps into groundwater source as river source nitrate levels exceed federal regulations http://ow.ly/MnpW7
  • Senate opponents of water rule drafted "Federal Water Quality Protection Act" with goal of attracting moderate Democrats http://ow.ly/MlBQ3
  • New Minnesota Pollution Control Agency report reaffirms agricultural and urban runoff as
    Photo: MPCA
    significant contributors to waterways' impairment; news release: http://ow.ly/Mi23b (also see MPR News: http://ow.ly/MkuGA)
  • Congressional Budget Office: House legislation killing Obama administration's controversial waters of the U.S.  rule would cost about $5 million http://ow.ly/Mfikz
  • House Energy and Commerce Subcommittee on Health to explore possible national ban on microbeads this Friday http://ow.ly/MaB6A
  • Indianapolis Nature Conservancy office's stormwater system demonstrates best practices in rainwater harvesting, filtration http://ow.ly/MaKqy
  • Minnesota sewer facilities are aging; expected to cost over one billion dollars in state revolving loan funds to update http://ow.ly/MbI5j (statewide clean water project priority list: http://ow.ly/MbImq)
  • Oklahoma Scenic Rivers Commission administrator: people should still care about the Illinois River; despite pollution progress, problems remain http://ow.ly/MdUJn
  • Three million gallons of sewage released into Kansas River after Topeka pump station power outage and backup generator failure http://ow.ly/Me6aG (related story below, under "In the Cities")
  • States remain concerned about forthcoming coal mining, stream protection rule direction and their involvement after meeting with EPA http://ow.ly/Mimhl
Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, Supplies, etc.) -
  • Plan to divert Canadian water south into the Columbia, Missouri, Mississippi and Colorado River systems is being discussed anew http://ow.ly/Mfhfi
  • Corps of Engineers grants permit for controversial second track through the La Crosse River
    Photo: Peter Thomson, LaCrosse Tribune
    marsh http://ow.ly/MdLAp
  • Oak Ridge National Laboratory report: U.S. has over 77 gigawatts in undeveloped hydropower potential; two-thirds of which is concentrated at 100 sites, mostly owned by the USACE and located on the Ohio, Mississippi, Alabama, and Arkansas rivers http://ow.ly/MdBNA
  • U.S. Transportation Department designates three new Marine Highway Projects, including Mississippi and Illinois Rivers' container-on-barge service http://ow.ly/Mkdmm
  • New House Republican bill would streamline the licensing process for nonfederal hydropower projects http://ow.ly/MaQSr
  • Missouri Department of Natural Resources accepting public comments on Statewide Groundwater Restoration Plan http://ow.ly/MdITT (plan: http://ow.ly/MdIWu)
  • The Oklahoman editorial: Arkansas River basin study should be of keen interest to Oklahoma policymakers http://ow.ly/MdReO
  • Judge rejects federal request to delay Hurricane Katrina flood damages' lawsuit settlement conference http://ow.ly/MdStf
  • Lower Mississippi River Conservation Committee coordinator: partner collaboration has been key to lower Mississippi River health rebound http://ow.ly/MdXRQ
  • NRDC: Three reasons why new federal flood protection standards are a good idea http://ow.ly/Mhk1M
Agriculture -
  • Natural Resources Conservation Service extends deadline to  comment on Agricultural Conservation Easement Program interim rule until May 28 http://ow.ly/MdL1K
  • Newly-introduced "Flexibility to Farm Act" would allow states to opt out of Federal
    Click to enlarge
    regulations that pose "a significant adverse effect" on agriculture operations; bill: http://ow.ly/Mab3F and story: http://ow.ly/Mab2z
  • Department of Justice won't challenge a federal court ruling that USDA and SBA violated environmental laws in providing loans to large hog farm in northwest Arkansas http://ow.ly/MbCU9
  • Federal economist uses land records, Census data, satellite images to estimate continental US, each state's land value http://ow.ly/MdDRJ (see chart to right)
  • Environmental Working Group report: "Boondoggle: 'Prevented Planting' Insurance Plows Up Wetlands, Wastes $ Billions" http://ow.ly/Me7TM (PDF file) Related article: Group blasts prevented planting insurance in Prairie Pothole region http://ow.ly/MfiHH
  • Dynasty Trust succession-planning strategy enables families in some cases to keep farm operations within their bloodline http://ow.ly/Mflot
Climate and Weather -
  • US weekly drought update: severe drought plaguing the West and High Plains continued to expand into Minnesota; dryness eased in Tennessee, Iowa and Illinois http://ow.ly/wmTdv
  • NWS Monthly Drought Outlook for May: outlook for the Plains states and Midwest is uncertain with improvement less likely in the north and across Upper Mississippi Valley http://ow.ly/MlQD9
  • New study links weather extremes to climate change; news coverage: http://ow.ly/MgTbh (study: http://ow.ly/MgT8Y)
  • New study finds that the U.S. experienced a hurricane "drought" over the last nine years http://ow.ly/MlE68
Biodiversity, Wildlife and Invasives -
  • Draft Comprehensive Conservation Plan and Environmental Assessment for Cat Island National Wildlife Refuge (Louisiana) available for public review/comment http://ow.ly/Mnl0a
  • Ecological Monographs paper: "Fragmentation and dewatering transform Great Plains stream fish communities" story: http://ow.ly/Mh0iB (link to abstract: http://ow.ly/Mh0t8)
  • University of Wisconsin-Milwaukee research: Male minnows exposed diabetes drug ubiquitous in wastewater effluent feminizes and impacts fertility of male fish http://ow.ly/Mh8fl
  • USDA confirms that highly pathogenic H5N2 virus is present in Kentucky wild birds within the Mississippi Flyway http://ow.ly/Mh18c
  • Twenty Mississippi River paddlefish being fitted with transmitters to track them, better understand population dynamics http://ow.ly/MhpSl
  • Snake lovers visit Shawnee National Forest in southern Illinois for annual reptilian migrations http://ow.ly/Mhqi5
  • North American Bird Conservation Initiative released its 2014 Farm Bill Field Guide to Fish and Wildlife Conservation this week http://ow.ly/MhxMt
  • U.S. Fish and Wildlife Service designates critical habitat for two freshwater mussel species: the Neosho mucket http://ow.ly/Mkmsu (483 river miles in  Arkansas, Kansas, Missouri, and Oklahoma) and rabbitsfoot http://ow.ly/Mkmog (1,437 river miles in Alabama, Arkansas, Illinois, Indiana, Kansas, Kentucky, Mississippi, Missouri, Ohio, Oklahoma, Pennsylvania, and Tennessee) Federal Register notice: http://ow.ly/Mkmap (related story below)
  • Critical habitat area for two types of freshwater mussels is smaller than originally proposed by Fish and Wildlife Service http://ow.ly/MnpwH
  • US Fish and Wildlife Service: "Healthy Prairies Mean Healthy Monarchs; Welcoming Fire Back to the Landscape" http://ow.ly/MlG7v
  • House Republicans introduce new legislation seeking to reshape Endangered Species Act http://ow.ly/Mnh55
In the Cities -
  • America’s atomic legacy still haunts St. Louis area, including Coldwater Creek and its floodplain (Missouri River tributary) http://ow.ly/Mktg0
  • Obama Administration announces eight additional "promise zones" to build community 
    Photo: Ryan Schuessler
    prosperity; including Indianapolis, Minneapolis, and  St. Louis/St. Louis County in the Mississippi River Basin http://ow.ly/Mfg9j
  • Town of Wyoming, Minnesota is taking legal action against six makers of "flushable" wipes over clogged sewers http://ow.ly/MbHDE
  • Vicksburg's Mississippi Riverfront Park erosion problems mount; could lead to park relocation http://ow.ly/MdWgU
  • Opposition expected against proposed Kansas City, Missouri ordinance requiring large building owners to measure, disclose water and energy use http://ow.ly/MheFM
  • Lawrence, Kansas taking precautions to protect drinking water after Topeka sewage leaks into Kansas River http://ow.ly/Mh9eF
  • Bass Pro Shops opens megastore, tourist destination in Memphis Pyramid http://ow.ly/MhiVk
  • Whistleblower lawsuit alleges that Leavenworth, Kansas defrauded FEMA over flood payments, illegally dumped sewage http://ow.ly/MhoWv
  • POLITICO: "Mayors to Washington: Do something" - workforce education, crumbling infrastructure top mayors' wish list http://ow.ly/MdKvl
In the States-
  • Minnesota House passes $787 million omnibus environment finance bill, would create 
    States in the News
    independent peer review of some water quality standards, legislative approval of others http://ow.ly/MaJre (45 environmental and conservation groups line up against "dirty water" provisions of the bill http://ow.ly/Mbubh)
  • Minnesota state House passes legacy fund bill providing $540 million for environment, arts, parks, trails, other state resources http://ow.ly/Mnjqi
  • Iowa House and Senate subcommittees advance bills limiting use of eminent domain on pipeline and transmission projects http://ow.ly/MhaPB
  • Oklahoma House passes bill calling for statewide vote on whether right to farm, ranch shall be "forever guaranteed" http://ow.ly/MnlEa (link to bill: http://ow.ly/MnlRX)
  • North Dakota State Water Commission budget will provide $4 million for Bismarck area flood levee projects http://ow.ly/MnqrZ
  • Pennsylvania rejects oil and gas association call to remove four members from DEP oil and gas policy advisory board http://ow.ly/MaWVA
  • State senator angered over recent Nebraska Oil and Gas Conservation Commission wastewater decision proposes studying Commission's dissolution http://ow.ly/MdZzP
  • Texas bill would scale back process allowing the public to challenge industrial applications for environmental permits http://ow.ly/MkxAT
Photo: NASA
Gulf Coastal Region-
  • New website allows visitors to see where Deepwater Horizon Oil Spill restoration projects are taking place http://ow.ly/MfhFv
  • Geological Society of America: Engineering a better future for the Mississippi Delta depends on accurate estimates of current subsidence rate http://ow.ly/Mhr3p
Resource Development -
  • Trout Unlimited says proposed Tintina Resources' Montana copper mine project could harm trout-spawning Smith River tributary (Missouri River Basin) http://ow.ly/MlEXX
  • Risks to rivers are a concern leading into public meeting on Enbridge Energy plan to increase oil flow through Wisconsin pipeline http://ow.ly/MhrSJ
  • South Dakota Public Utility Commission postpones decision on renewing expired Keystone XL pipeline permit http://ow.ly/MdYy6
  • Oklahoma Geological Survey scientists suspected oil and gas activity-earthquake link as early as 2007; kept quiet to avoid upsetting industry http://ow.ly/Me0cM
  • Big Ox Energy begins construction of $30 million, South Sioux City anaerobic digestion plant that will convert ag-food organic waste into methane http://ow.ly/Me545
  • Environmental group Appalachian Voices  releases new online mapping tool in fight against mountaintop mining http://ow.ly/MgV9r
Federal Budget -
Events - Information on all past and future events listed here each week can be viewed in the on-line calendar, located above and to the right (and here as a stand-alone calendar
  • Free Stroud Water Research Center webinar: Tips for Success in Establishing and Maintaining Forested Stream Buffers; May 5, 12 pm ET http://ow.ly/MhgkS
  • USEPA Webcast: Getting More Green for your Stormwater Infrastructure; May 5, 1 pm – 2:30 pm EDT http://ow.ly/MgTVZ
  • Dialogue for Agricultural Policies in the Americas, Washington, DC, May 6, 11 am-1 pm (streaming live here: http://ow.ly/MdGkN)
  • Mississippi River Forum, May 8, 8:30 AM-12:30 PM CT, Science Museum of Minnesota, 120 West Kellogg Boulevard, Saint Paul, MN http://ow.ly/Mlkqe (agenda: http://ow.ly/MlktW)
  • EPA public meeting on potential state and public water system actions to prepare for and respond to cyanotoxin health risks in drinking water; May 11, Arlington, Virginia or online via webinar http://ow.ly/MdA43
  • Public meeting: Federal Emergency Management Agency (FEMA) Technical Mapping Advisory Council; May 12–13, Reston, Virginia (related to flood mapping in support of the National Flood Insurance Program) http://ow.ly/MaNV9
  • EPA Webinar: “Interpreting and Using Water Quality Models,” June 3, 1 pm Eastern http://ow.ly/Mb1vq
  • Annual cooperative Water and Natural Resources Tour; Republican River Basin; Nebraska, Colorado, June 23-25 http://ow.ly/MdI2D
  • Tribal Lands and Environment Forum, Minneapolis-St. Paul, MN, August 17-20; Call for Proposals open http://ow.ly/Mne2i
  • Annual Meetings of the Entomological Society of America, American Society of Agronomy, the Crop Science Society of America, and the Soil Science Society of America co-located in Minneapolis, Minnesota, November 15-18 http://ow.ly/Mb6yu
e-Newsletters, Publications, Journals, Multimedia  -
Book jackets :The James (1939), Lower Mississippi (1942),
and The French Broad (1955)
  • J of Freshwater Biology Special Issue: Synthesizing Ecosystem-Level Effects of Consumer- Driven Nutrient Dynamics in Fresh Waters http://ow.ly/Mb7oO
  • Southern Illinois University Edwardsville Library features new digital exhibit  celebrating the Rivers of America series of books http://ow.ly/MgZvp
  • Tulane Institute on Water Resources Law and Policy's April 29 TUWaterWays e-newsletter http://ow.ly/Mi889
  • Association of State Floodplain Managers April "News and Views"  http://ow.ly/MiDfz
  • Green Lands Blue Waters April 30 e-newsletter on efforts to advance Mississippi River Basin agricultural land continuous living cover http://ow.ly/Ml6Vt
  • Minnesota Pollution Control Agency Watershed Connections - April 2015 https://lnks.gd/2/Ldjm6
  • Missouri Coalition for the Environment's spring 2015 newsletter; "The Alert" http://ow.ly/MlDDt
Other news-
  • Senate Environment and Public Works Committee passes S. 544, Secret Science Reform Act by 11-9 vote; Committee Press Release: http://ow.ly/Mfjhe (link to bill: http://ow.ly/MfjF3) (also see two related items below)
  • White House threatens to veto Secret Science Reform Act http://1.usa.gov/1GC2hZM  
  • Senate Environment and Public Works Committee passes GOP bill targeting "secret science" underlying USEPA regulations http://ow.ly/MgUp3
  • DOT gears up for Friday release of rule strengthening tank car and operating standards for trains carrying crude oil http://reut.rs/1GIBhYx
  • U.S. ports see costly delays as cargo ships and volumes grow http://ow.ly/MkPBZ
Politics and People-
  • Rep. Betty McCollum wins Sen. Al Franken's 5th Annual Minnesota Congressional Delegation Hotdish
    Annual Minnesota Congressional Delegation Hotdish Competition
    Competition with "Turkey, Sweet Potato, and Wild Rice Hotdish" http://ow.ly/MhWXC
  • US EPA invites nominations for its Science Advisory Board (nomination deadline May 27) http://ow.ly/MaN4x
  • Pew Research Center: Conservatives are among the most politically active Americans http://ow.ly/MdEVz
  • Indiana Gov. Mike Pence indicates he is more broad-minded about climate change, although he remains skeptical http://ow.ly/Me1MB
  • Democratic New Orleans Mayor Mitch Landrieu announces he won't run for governor http://ow.ly/MedDF
  • Jay Martin hired as Director of Ohio State University "Field to Faucet" water quality program (program to ensure safe drinking water, maintain agricultural productivity in the state) http://ow.ly/Mh3VM
Your Moment of Zen -
Photograph: Dave Haylock/REX Shutterstock

Capitol Hill This Week - What to Watch For

Photo credit: Jim Havard via Flickr
Below are the U.S. House and Senate activities currently scheduled for the week that relate to Mississippi River Basin water resources.  Links are provided to the relevant committee web pages, and, where appropriate, to pieces of legislation. Many Congressional proceedings are webcast live, and these should be, as well (follow the appropriate link).

In addition to the Committee activity listed below, the weekly House schedule indicates that the lower chamber may consider H.R. 1732 (the "Regulatory Integrity Protection Act of 2015") this week. That bill would put a halt to the current "Waters of the United States" (WOTUS) rulemaking process, by directing the U.S. Environmental Protection Agency and Army Corps of Engineers to withdraw the proposed WOTUS rule within 30 days, and then consult with state and local officials regarding how to address the Clean Water Act jurisdiction issue within three months.

Also on the schedule for House consideration this week (on Wednesday) is H.R. 2028, the Energy and Water Development and Related Agencies Appropriations Act, which in part would set spending levels for Army Corps of Engineers Civil Works programs for the 2016 fiscal year (you can see this summary of spending levels for Mississippi River Basin projects and programs). A provision in the bill would prevent the Army Corps from using funds to make or implement any rule or guidance changes to the definition of the Waters of the United States "in effect on October 1, 2012." Another provision of the same spending bill would prohibit the Army Corps from making any "changes to the definition of 'fill material' and 'discharge of fill material' for the purposes of the Clean Water Act."

House-Senate Conference Committee members will continue their quest this week to negotiate a final Fiscal Year 2016 budget resolution that can pass both chambers.  House members have been put on notice that they may be considering a joint Senate-House budget resolution by the end of this week.

All times below are Eastern.  This page will be updated as warranted. 

Tuesday
  • Senate Homeland Security and Governmental Affairs Committee hearing to examine the President's proposed budget request for fiscal year 2016 for the Department of Homeland Security (note: includes FEMA); 9:00 AM, room 226 Dirksen Senate Office Building.
  • Senate Commerce, Science, and Transportation: Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard hearing to examine the resources and priorities of the U.S. Coast Guard; 10:00 AM, room 253 Russell Senate Office Building.
  • Senate Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management hearing to examine the proper role of judicial review in the federal regulatory process; 10:00 AM, room 342 Dirksen Senate Office Building (the topic of legal challenges to environmental regulations is likely to arise).
  • Senate Environment and Public Works Committee markup of several bills, including S. 544, the "Secret Science Reform Act of 2015, S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act;  S. 653, Water Resources Research Amendments Act; and S. 611, Grassroots Rural and Small Community Water Systems Assistance Act" 10:00 AM, room 406 Dirksen Senate Office Building.
  • House Rules Committee meeting to set the rules for full House debate on H.R. 2028 - Energy and Water Development and Related Agencies Appropriations Act, 2016; 5:00 PM, room H-312 The Capitol.
Wednesday
  • House Agriculture Subcommittee on Conservation and Forestry hearing to "review the National Forest System and active forest management" (exploring the explore the U.S. Forest Service use of farm bill authorities on national forest timber management); 1:30 PM, room 1300 Longworth House Office Building.
  • House Natural Resources Subcommittee on Oversight and Investigations hearing on ""Zero Accountability: The Consequences of Politically Driven Science;" 2:00 PM, room 1334 Longworth House Office Building.
  • Senate Appropriations Subcommittee on Department of Homeland Security hearing to examine proposed budget estimates and justification for fiscal year 2016 for the Department of Homeland Security (note: includes FEMA); 2:00 PM, room 138 Dirksen Senate Office Building (general hearing announcement; no individual hearing link available yet).
  • Senate Appropriations Subcommittee on Department of the Interior, Environment, and Related Agencies hearing to examine proposed budget estimates and justification for fiscal year 2016 for the Environmental Protection Agency; 2:30 PM, room 124 Dirksen Senate Office Building (general hearing announcement; no individual hearing link available yet).
Thursday
  • Sen. Inhofe (R-OK), and other Environment Public Works members will hold a press conference on the Waters of the U.S. issue; 10:45 AM EDT, room S-325, U.S. Capitol (and streaming live)
  • Senate Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining hearing to examine the Bureau of Land Management's final rule on hydraulic fracturing; 2:30 PM, room 366 Dirksen Senate Office Building.
Friday
  • House Energy and Commerce Subcommittee on Health hearing regarding H.R. 1321, the "Microbead-Free Waters Act of 2015;" 9:15 AM, room 2123 Rayburn House Office Building.
  • NEW - Senate Small Business Committee: field hearing on "How Flood Insurance Rate Increases and Flood Mapping Policy Changes Will Impact Small Businesses and Economic Growth;" 11:00 AM (10:00 AM Central), Homer L. Hitt Alumni and Visitors Center, University of New Orleans, 2000 Lakeshore Drive, New Orleans, LA