The Arid West—Where Water Is Scarce - Water Policies—states Lead The Way

Water shortfalls are first and foremost a local and regional problem. Because of the lack of a cohesive federal water policy, states have become important innovators in devising ways to reduce long-term vulnerability to drought. In 1976–77, during the widespread U.S. drought, no state had a drought plan. In 1982 only three states had them. According to the National Drought Mitigation Center (NDMC), as of December 2003, thirty-seven states had drought plans, four had plans in development, two delegated drought planning to local authorities in lieu of a state plan, and seven remained without plans.

Most, but not all, of the more drought-prone states are committed to drought planning, as are many states in the East. The drought occurrence since 1996 has led to a rapid increase in drought planning in the southwest, south-central, and southeast states. The 2001 report of the National Drought Policy Commission to Congress emphasized the need for drought planning at the local, state, tribal, and federal levels of government.

Most state plans do not meet all the goals of the NDMC recommended planning process. Most of the plans address the response component of drought planning, defining the basic linkages between local, state, and federal entities for coordinated planning and response efforts.

Western Water Policy Review Act of 1992

At the recommendation of the Western Governors' Association, Congress adopted the Western Water Policy Review Act of 1992 (PL 102–575, Title XXX), which directed a comprehensive review of federal activities affecting the allocation and use of water in nineteen western states. The Western Water Policy Review Advisory Commission was appointed and chartered in 1995.

The commission released its findings and recommendations in 1997. In the arid West, providing adequate water supplies to meet future demands remained a top priority. Deep concern exists about the ramifications of the claims being advanced by Native American tribes to water resources and the impacts of those claims on existing rights in nonnative communities. Better cooperative efforts among the states, tribes, and federal agencies are needed.

In addition to the need for more supplies to meet growing water demands, the commission recognized that a need exists to overhaul existing water infrastructure (irrigation canals and ditches, water piping, and water storage devices). There is a significant challenge in addressing these needs while meeting the expanding demands to sustain in-stream flow and water quality for environmental maintenance and enhancement. Overlaying all of these challenges are legal and institutional conflicts that need to be addressed at the federal-state level, between states, and among various water users. The commission recommended the development and implementation of an integrated, coordinated federal policy for federal activities affecting the allocation and use of water in nineteen western states. The policy was to be developed with the full involvement of the affected states.

National Drought Policy Act of 1998

As a result of the devastating $6 billion drought in the West in 1996 and the recommendation of the Western Governors' Association in Status of Drought Report Recommendations (Response Working Group, March 1998) "to develop a national framework that integrates actions and responsibilities among all levels of government (federal, state, regional, local, and tribal)," Congress passed the National Drought Policy Act of 1998 (PL 105–199). The new law established a National Drought Policy Commission to make recommendations concerning the creation and development of an integrated, coordinated federal drought policy. The commission was to seek public input on recommendations for legislative and administrative actions to help prepare for and alleviate drought's adverse economic, social, health, and environmental effects.

In June 2001 the commission released Preparing for Drought in the 21st Century—Report of the National Drought Policy Commission. The commission recommended the following national policy:

National Drought policy should use the resources of the federal government to support but not supplant nor interfere with state, regional, local, tribal and personal efforts to reduce drought impacts. The guiding principles of national drought policy should be:

1. Favor preparedness over insurance, insurance over relief, and incentives over regulation
2. Set research priorities based on the potential of the research results to reduce drought impacts
3. Coordinate the delivery of federal services through cooperation and collaboration with non-federal entities

The policy is a marked shift from emphasis on drought relief, and encourages the adoption of a forward-looking stance to reduce the nation's vulnerability to drought impacts. The commission summarized its findings by stating that preparedness was the key to successful drought management; that information and research are needed to support and achieve preparedness; that insurance against drought impacts needs to be reevaluated and revamped to accommodate some new subscribers and eliminate some historic subscribers; and that a safety net is needed for the period of transition from relief-oriented drought programs to drought preparedness.

The commission recommended that the United States, through its federal government, take up a national drought policy with preparedness at its core. Federal resources should be dedicated to assisting nonfederal interests and the public-at-large to prepare for drought. The commission provided specific recommendations as to how this should be done and urged Congress to pass a National Drought Preparedness Act to achieve the implementation of the recommended policy.