July 18, 2005                                                                                                                        Position No. 262

The Honorable Conrad Burns, Chairman

Senate Appropriations Committee

United States Senate

Senate Office Building

Washington, D.C. 20510

Dear Senator Burns:

             The Western States Water Council strongly supports the U.S. Geological Survey’s Cooperative Water Program (CWP) and opposes any effort to force the privatization of related USGS services. We are very concerned about the intent of the following report language accompanying the House Interior and Related Agencies Appropriation bill (H.R. 2361, H.Rpt 109-80 Title I - Department of the Interior p. 53), which reads:

            “The Committee is concerned with reports that suggest that the Water Resource Division (WRD) of the Survey is providing or seeking to provide a variety of commercial services to Federal and non-Federal entities in direct competition with the private sector. The Committee strongly discourages WRD from providing commercially available services to Federal and non-Federal entities through its cooperative water program unless these services are performed by a private sector firm under contract with the Survey or the entity with which the Survey has entered into a cooperative agreement. The Committee encourages the Survey to focus its efforts on carrying out its important mission of serving as a national database for hydrologic data, theory, and research. The Survey should submit a report to the House Committee on Appropriations by December 31, 2005, regarding its past, present and future efforts to avoid competing with the private sector.”

             In the absence of any contradictory Senate report language, the House language is controlling– unless the House-Senate conference committee chooses to address the issue. We urge you, as a member of the Conference Committee, to include express language in the Conference Committee’s report that provides a clear sense of the Conference to protect USGS cooperative programs and projects.

             The House Report language could dramatically change the manner in which the USGS currently interacts with the states and other cooperators. Given that many of the specific capabilities needed to carry out Cooperative Water Program projects are “commercially available,” the USGS could be expected to contract out a substantial portion of CWP work to the private sector. Currently, cooperators have the option of choosing a private contractor or working with the USGS. The House report language could effectively take the USGS option off the table. The USGS role could be reduced to one of merely “serving as a national database.” The hydrologic research and analyses provided by USGS, upon which many western states depend, would suffer.

             For many years, the Council’s member state officials have worked closely along side USGS national and district staff. While states also utilize other public and private experts, an enduring and valuable relationship with the USGS has evolved that can not be replaced. There could be serious negative implications as a result of the House report language.

             Historically, USGS has played a vital role in collecting and disseminating hydrologic data, conducting interpretive studies, developing hydrologic methods, and conducting hydrologic research. USGS has an exceptional reputation and strong record of acceptance for the quality of its work and impartial presentation. As an regional organization of states, the Council believes this is critically important as contentious trans-boundary issues arise among states and internationally. We know that the USGS is well aware of the need to avoid competition with the private sector and has policies in place for this purpose. We would urge them to continue that vigilance and encourage the private sector to engage in dialogue with the USGS on the issue.

             Our members are partners in the Cooperative Water Program and rely on the streamflow data collected and disseminated by USGS, which are the basis for myriad management decisions. Changing the sound paradigm on which this successful federal state-partnership is based and has flourished requires serious consideration and hearings. Otherwise, we risk perhaps irreparable unintended consequences.

             Again, we urgently ask you and other members of the House/Senate Conference Committee to ensure USGS will continue to be able to provide the hydrologic information and analyses that are essential to this vital federal and state partnership.

Sincerely,

Hal Simpson, Chairman

Western States Water Council

cc: Secretary Gale Norton, Dept of Interior

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