Modernizing America's Water Resource Management and Water Infrastructure

Overview

Purpose and Coordination

Executive Order 13956, titled "Modernizing America's Water Resource Management and Water Infrastructure," represents a strategic effort to modernize the United States' approach to water resource management and infrastructure. Signed by President Donald Trump on October 13, 2020, the order underscores the necessity of abundant, safe, and reliable water supplies for enhancing public health, sustaining the economy, and protecting environmental resources. It aims to streamline government efforts by establishing a Water Subcabinet, a novel interagency body designed to enhance coordination and collaboration among key federal departments such as the Department of the Interior, the Environmental Protection Agency (EPA), and others involved in water-related activities.

Key Policies and Objectives

At its core, EO 13956 seeks to improve interagency coordination, reduce redundancy, bolster the resilience of the nation's water infrastructure, and promote integrated planning for federal investments. The order emphasizes the significance of workforce development in the water sector, acknowledging the need to recruit, train, and retain a dedicated workforce equipped to manage and safeguard water resources. The focus is on addressing multifaceted challenges ranging from ensuring reliable water supply and storage to enhancing water quality and nutrient management through a cohesive federal approach.

Implementation and Reporting

The order charges the Water Subcabinet with the responsibility to regularly report progress to the Chairman of the Council on Environmental Quality (CEQ), the Director of the Office of Management and Budget (OMB), and the Director of the Office of Science and Technology Policy (OSTP). These reports are meant to document advancements on key initiatives such as increasing water storage capacity, improving water systems, and fostering water-related research and technological innovation. The structured reporting aims to guarantee accountability and foster a culture of continuous improvement in federal water resource management practices.

Legal and Policy Implications

Consolidation of Efforts

EO 13956 represents a substantial policy shift by consolidating the multitude of interagency working groups focused on water-related issues. This consolidation is intended to mitigate inefficiencies inherent in redundant federal initiatives. From a legal perspective, this move underscores an administrative reorganization aimed at streamlining operations while ensuring compliance with statutory boundaries and preserving the unique authorities of individual agencies.

Federal Priority Adjustments

The executive order marks a significant adjustment in federal priorities by elevating the status of water infrastructure to a primary concern. This re-prioritization potentially influences the allocation of resources within key agencies like the EPA and the Department of Energy, redirecting funds to support the new initiatives articulated in the order. The broader focus on resilience and modernization reflects a shift in government strategy towards more sustainable water management practices.

Adherence to Existing Legal Frameworks

The order is constructed to operate within the existing legal frameworks governing water resources and environmental policies. Explicit provisions ensure that its implementation aligns with applicable laws and the statutory powers vested in federal agencies. This cautious approach to policy implementation reflects an understanding of the legislative landscape, aiming to avoid conflicts that may arise from overstepping legal mandates.

Who Benefits

Rural and Agricultural Communities

EO 13956 is poised to benefit rural and agriculturally inclined communities that depend heavily on reliable water supplies for irrigation and livestock. By emphasizing drought resilience and water supply reliability, the order directly contributes to the sustainability and productivity of agricultural operations, thereby supporting rural economies reliant on farming activities.

Water Infrastructure Industry

The order creates significant opportunities for the water infrastructure industry, including firms engaged in construction and technological innovations. The focus on modernizing infrastructure invites investment and participation from industry players in federally funded projects, enabling growth and development within the sector.

Environmental and Public Health Advocates

The initiatives promoting water quality management and restoration activities within the executive order are of particular interest to environmental and public health advocates. These efforts, aligning with broader environmental protection goals, are likely to curb pollution and enhance ecosystem stability, indirectly benefiting public health and biodiversity.

Who Suffers

Administrative and Bureaucratic Structures

While EO 13956 aims to streamline federal operations, the process of consolidating numerous interagency working groups could introduce bureaucratic challenges. Agencies may need to adjust their internal structures, which could disrupt ongoing projects and lead to operational inefficiencies as they adapt to the new centralized framework.

Communities Opposed to Federal Overreach

Communities that have historically resisted federal oversight may perceive the expanded federal coordination as an encroachment on state and local authorities. Increased federal involvement could be interpreted as a step toward centralized governance, raising concerns about eroding local autonomy in water resource management.

Small and Local Entities

Smaller entities, including local water management boards, might find it challenging to integrate into the new federal coordination structure. The consolidation efforts risk marginalizing these local players, whose operations may not seamlessly align with broader federal agendas, potentially resulting in reduced influence over water management decisions.

Historical Context

Continuity of Federal Water Policy

EO 13956 fits within a long-standing tradition of federal involvement in water resource management, reflecting continuous efforts across administrations to ensure water security and infrastructure resilience. It continues the precedent of promoting national coordination in water policy and investment, a trend seen in various legislative and executive acts over the past decades.

Trump Administration's Environmental Approach

The executive order is consistent with the Trump administration's broader environmental policy approach, which favors infrastructure development coupled with deregulation. By emphasizing streamlined government operations and technological innovation, the order reflects the administration's commitment to reducing regulatory burdens while fostering economic growth through infrastructure investment.

Addressing Emerging Water Challenges

EO 13956 addresses contemporary challenges in water resource management, such as those posed by climate change-related droughts and aging infrastructure. The focus on resilience and modern technology positions the federal government to proactively address these issues, building upon previous legislative and executive measures designed to secure water resources for future generations.

Potential Controversies or Challenges

Legal Challenges to Federal Overreach

The establishment of a centralized Water Subcabinet may face legal challenges, especially from states and localities that fear federal encroachment on their jurisdictional authority. They might argue that the order infringes upon their rights to manage local water resources without undue federal influence, potentially leading to legal disputes over governance.

Congressional Scrutiny and Pushback

The implementation of EO 13956 could draw congressional scrutiny, particularly regarding its implications for agency budget allocations and policy reorganization. Lawmakers opposed to certain aspects of the order may seek to curtail its impact through legislative actions, intent on preserving existing funding structures or advancing different policy priorities.

Enforcement and Execution Concerns

The ambitious directives of EO 13956 might face execution challenges given the complexity of water resource management across various regions and administrative bodies. Achieving effective coordination and implementation at multiple government levels could demand extensive administrative investment and resources, potentially causing delays and operational difficulties.