Federal Water Policy: An Idea Whose Time Will (Finally) Come
By Janet C. Neuman
INTRODUCTION
Here it is, the year 2001. Let's pull a few random cards out of the deck of federal law and see what we find. Here's one: apparently, we have a national policy promoting ‘family well-being‘ that all federal agencies are to take into account in assessing the impact of their activities. And here's another: we may soon have a federal policy, indeed a ‘bill of rights,‘ regarding on-time departures and arrivals for air travelers. Surely family well-being and convenient air travel are important and, arguably, even appropriate concerns of the federal government. But what about the nation's water resources? Here it is, the year 2001, and we still do not have a coherent federal water policy, in spite of repeated calls for action over more than half a century. Of course, hundreds of federal laws and regulations govern a plethora of water related programs and activities. Even using extremely general categories, such as water supply, pollution, dams, hydropower *108 development, navigation, flood control, fisheries, and research, a recent study by the Congressional Research Service catalogued several dozen federal water programs sprinkled throughout numerous federal agencies as diverse as the Department of Defense and Department of Health and Human Services. By default, therefore, federal water policy with a small ‘p‘ can be discerned. What is missing is a rational, consistent, comprehensive, and yet concise federal policy with a capital ‘P.‘ Considering that water is widely recognized to be the looming resource issue of this century, the lack of a clear and succinct federal policy is troubling. This essay suggests that development of a federal water policy is a good idea that just won't go away until it gets the attention it deserves. I begin with a brief reminder of the reasons we ought to have such a policy, reflect a bit on why we do not have one now, and offer some simple thoughts on the necessary characteristics of an appropriate federal water policy.
Here it is, the year 2001. Let's pull a few random cards out of the deck of federal law and see what we find. Here's one: apparently, we have a national policy promoting ‘family well-being‘ that all federal agencies are to take into account in assessing the impact of their activities. And here's another: we may soon have a federal policy, indeed a ‘bill of rights,‘ regarding on-time departures and arrivals for air travelers. Surely family well-being and convenient air travel are important and, arguably, even appropriate concerns of the federal government. But what about the nation's water resources? Here it is, the year 2001, and we still do not have a coherent federal water policy, in spite of repeated calls for action over more than half a century. Of course, hundreds of federal laws and regulations govern a plethora of water related programs and activities. Even using extremely general categories, such as water supply, pollution, dams, hydropower *108 development, navigation, flood control, fisheries, and research, a recent study by the Congressional Research Service catalogued several dozen federal water programs sprinkled throughout numerous federal agencies as diverse as the Department of Defense and Department of Health and Human Services. By default, therefore, federal water policy with a small ‘p‘ can be discerned. What is missing is a rational, consistent, comprehensive, and yet concise federal policy with a capital ‘P.‘ Considering that water is widely recognized to be the looming resource issue of this century, the lack of a clear and succinct federal policy is troubling. This essay suggests that development of a federal water policy is a good idea that just won't go away until it gets the attention it deserves. I begin with a brief reminder of the reasons we ought to have such a policy, reflect a bit on why we do not have one now, and offer some simple thoughts on the necessary characteristics of an appropriate federal water policy.
