Federal Water Tap, December 9: Congress Has Unfinished, Last-Minute Business

The Rundown

• Congress still has a budget, disaster relief, Arizona tribal water rights settlements, and flood insurance reauthorization to complete in the coming weeks.
• EPA publishes more data from utilities that are testing drinking water for unregulated contaminants such as certain forever chemicals.
• House and Senate agree on legislation to authorize Army Corps water projects.
• CDC summarizes data on waterborne disease outbreaks at playground splash pads.
• EPA drinking water council schedules a meeting in January to discuss perchlorate regulation.
• Interior Department allocates $849 million in water infrastructure repair funds.
• Army Corps signs the first contract for a $1.2 billion project to deter non-native carp from the Great Lakes.

And lastly, the State Department represents the United States in a climate change law hearing at the International Court of Justice.

“As explained in the U.S. submissions and those of others, international human rights law, however, does not obligate states to mitigate anthropogenic greenhouse gas emissions. Nor does it currently provide for a human right to a healthy environment, although the United States remains open to participating in a state-led process to develop such a right.” – Margaret Taylor, State Department legal adviser, speaking at the International Court of Justice hearing on international legal obligations related to climate change. Taylor argued that the current UN treaty framework is what should guide international climate action. The ICJ will eventually issue a non-binding “advisory opinion” on the matter.

By the Numbers

12 Percent: Share of public water systems in an EPA drinking water sampling program that had one or more regulated PFAS above the federal standard. The sampling program is collecting data on the occurrence of 29 PFAS in drinking water. Six of those chemicals were regulated in an April 2024 decision. These sampling results are for informational purposes, not regulatory enforcement.

$849 Million: Funding allocated by the Interior Department to improve 77 water infrastructure projects in the western states – from canals and hydropower plants to water treatment facilities.

News Briefs

Unfinished Business
The clock is ticking.

Congress has until December 20 to complete a budget (or pass another continuing resolution that maintains current funding) and to reauthorize the federal flood insurance program so that it can continue to write flood insurance policies.

Congress has not acted on President Biden’s request for some $98 billion to respond to hurricanes Helene and Milton and other disasters. An aid request this summer was rolled into a continuing resolution in September, so the same outcome might occur again.

State and tribal leaders in Arizona are also waiting on Congress to approve a massive $5 billion water rights settlement with the Navajo Nation, Hopi Tribe and San Juan Southern Paiute, as well as a smaller settlement with the Yavapai-Apache Nation. State and tribal officials have already signed the deals.

The House and Senate did advance one big item on their to-do list, agreeing on legislation that authorizes Army Corps water projects such as levees, ports, and ecosystem restoration.

The Senate also passed a bill reauthorizing the Great Lakes Restoration Initiative, a program that funds ecosystem repairs in the region. The reauthorization extends through 2031.

Water Quality Certification
The Federal Energy Regulatory Commission finalized a rule that sets a one-year time limit for states and tribes, once they have received an application, to complete their certification process. This now includes hydropower, in addition to things like interstate gas pipelines.

Certification is the authority for states and tribes to ensure that proposed projects adhere to their water quality standards.

Studies and Reports

Splash Pad Illnesses
Splash pads – the playground water features designed for young kids – can be a source of waterborne disease.

The CDC published its first compilation of data collected from 1997 to 2022 on disease outbreaks from splash pads in the United States and Puerto Rico.

The report tallied 60 outbreaks and 10,611 individual cases.

The biggest risk is the parasite Cryptosporidium, which causes diarrhea. It accounted for 91 percent of cases.

On the Radar

Drinking Water Advisory Council Meeting
The EPA will hold a public meeting to consult with its drinking water advisers about a potential national regulation for perchlorate in drinking water.

The virtual meeting is scheduled for January 9, 2025. An agenda and registration details are not yet available but will be posted here.

Perchlorate is a rocket-fuel ingredient that is linked with impaired brain development in fetuses. Last year a federal appeals court ordered the EPA to set a limit for the chemical in drinking water.

Carp Out
The Army Corps awarded the first construction contract for a nearly $1.2 billion project that will attempt to prevent non-native carp from moving into the Great Lakes.

It is prevention through irritation. The Brandon Road Interbasin Project, in Illinois, will incorporate features meant to annoy and flummox the voracious fish: underwater clouds of bubbles, bursts of sound, and an electric current.

In context: Bubbles and Electricity Designed to Deter Invasive Carp from Lake Michigan

Federal Water Tap is a weekly digest spotting trends in U.S. government water policy. To get more water news, follow Circle of Blue on Twitter and sign up for our newsletter.

Brett Walton

Brett writes about agriculture, energy, infrastructure, and the politics and economics of water in the United States. He also writes the Federal Water Tap, Circle of Blue’s weekly digest of U.S. government water news. He is the winner of two Society of Environmental Journalists reporting awards, one of the top honors in American environmental journalism: first place for explanatory reporting for a series on septic system pollution in the United States(2016) and third place for beat reporting in a small market (2014). He received the Sierra Club’s Distinguished Service Award in 2018. Brett lives in Seattle, where he hikes the mountains and bakes pies. Contact Brett Walton