Water Resources & Environment: Federal Role

Federal Government's Role in Water Resources
The federal government's role in water resources development has been significant and enduring with its roots based in the Constitution. Federal commerce authority includes navigation and Congress has jurisdiction over all navigable waters of the United States. Over time, legislation has been passed to define and expand the federal role in water resources development. Clearly, the federal government has had a strong and powerful role in water resources development in the country.

The basic water resources legislation, which governs the conduct of the Corps of Engineers' Civil Works Program, consists of numerous separate enactments of the Congress. The work of preparing and considering much of this legislation is done largely in the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee. The tendency has been for Congress to gradually increase federal responsibility in response to needs of the times. The Corps of Engineers, the primary federal agency with water resources responsibility, began its civil works efforts with an Act of Congress in 1824 for the improvement of rivers and harbors for navigation. Legislative expansion of the Corps of Engineers' responsibilities has included flood control in 1917, water supply in 1944 and environmental concerns and emphasis in the 1970s. More recently, Congress has expanded the Corps of Engineers' role to environmental infrastructure, groundwater protection and wastewater treatment.

In terms of the federal interest in flood control, in the 1936 Flood Control Act, Congress established as a national policy that flood control on navigable waters is in the interest of the general public welfare and therefore a proper activity of the federal government in cooperation with the states and local entities. This act has been built upon over time to identify cost-sharing and non-structural measures for flood control projects.

Today, flood management continues to be a basic mission of the Corps of Engineers and is one of its most active and evolving arenas. In fact, it is forming the basis for the Corps’ multiple-purpose projects which are evolving to address community needs. What has gained more strength and focus under the Corps of Engineers and other federal water resources agency's programs is the restoration and protection of the environment. While we find that over 53% of the loss of wetlands in the contiguous U.S. has been due to human actions, 35% of all federally listed rare and endangered animal species either live in or depend upon wetlands. Congress has recognized this disparity and has taken steps to encourage the Corps of Engineers to develop wetlands and to restore habitat as a priority mission within the basic authorities of the Corps of Engineers' Programs.