Municipal Water Leader September 2016

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September 2016 Volume 2 Issue 8

Pioneering New Approaches to Sustainability: A Conversation With Metropolitan Water Reclamation District of Greater Chicago’s David St. Pierre


Leading Innovation By Kris Polly Mr. David St. Pierre, the executive director of the Metropolitan Water Reclamation District of Greater Chicago (MWRD), is a leader. His exuberance for the work and accomplishments of MWRD jumps from the pages of his interview. He is a great example of one of those water people whose job is so much more than job; it is his personal mission, purpose, and cause. It is clear he is well matched with MWRD. As Mr. St. Pierre enthusiastically explains, MWRD was formed in 1889 to protect the quality of Chicago’s water supply and has a rich history of innovation. “If I were to describe the district’s spirit since 1889, it has been big ideas,” Mr. St. Pierre explains. From installing the first sewers and wastewater treatment plants in the nation to envisioning and then creating the Tunnel and Reservoir Plan (TARP), MWRD has been, and is, a world leader in solving water problems. Initially purposed as a flood control project in 1968, TARP is now MWRD’s combined sewer overflow plan. With 109 miles of tunnels connecting two, and eventually three total, reservoirs, TARP has eliminated 85 percent of the runoff that would have gone to the Chicago area waterway system. While the photos in this issue give our

readers an idea of the size and scale of TARP, the video on MWRD’s website of the Thornton Reservoir’s first major use is a must-see. The reservoir goes from empty to feet deep in runoff water in minutes. Most impressive is the district’s management of the construction costs for its ratepayers. “It always costs less up front if you are leading rather than following,” Mr. St. Pierre explains. As a result of its planning, MWRD has maintained rates that are 50 percent of the national average. Mr. St. Pierre best describes the philosophy of MWRD in his final interview answer, “We believe that as utility leaders, we should be engaged in the issues, not hiding from them, and we strive to be on the frontier and leading innovation.” Kris Polly is editor-in-chief of Municipal Water Leader and Irrigation Leader magazines. He is also president of Water Strategies LLC, a government relations, marketing, and publishing company he began in February 2009 for the purpose of representing and guiding water, power, and agricultural entities in their dealings with Congress, the Bureau of Reclamation, and other federal government agencies. He may be contacted at Kris.Polly@waterstrategies.com.

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For more information, please contact Kris Polly at

(703) 517-3962 or Kris.Polly@waterstrategies.com 2

Municipal Water Leader


SEPTEMBER 2016

C O N T E N T S 2 Leading Innovation By Kris Polly

VOLUME 2 ISSUE 8 Municipal Water Leader is published 10 times a year with combined issues for July/August and November/December by Water Strategies LLC 4 E Street SE, Washington, DC 20003 STAFF: Kris Polly, Editor-in-Chief Valentina Valenta, Writer Robin Pursley, Graphic Designer Capital Copyediting LLC, Copyeditor SUBMISSIONS: Municipal Water Leader welcomes manuscript, photography, and art submissions. However, the right to edit or deny publishing submissions is reserved. Submissions are returned only on request. For more information, please contact John Crotty at (202) 698-0690 or john.crotty@waterstrategies.com. ADVERTISING: Municipal Water Leader accepts one-quarter, half-page, and full-page ads. For more information on rates and placement, please contact Kris Polly at (703) 517-3962 or Municipal. Water.Leader@waterstrategies.com. CIRCULATION: Municipal Water Leader is distributed nationally to managers and boards of directors of water agencies with annual budgets of $10 million or more; the governors and state legislators in all 50 states; all members of Congress and select committee staff; and advertising sponsors. For address corrections or additions, please contact our office at Municipal.Water.Leader@ waterstrategies.com. Copyright 2016 Water Strategies LLC. Municipal Water Leader relies on the excellent contributions of a variety of natural resources and water industry professionals who provide content for the magazine. However, the views and opinions expressed by these contributors are solely those of the original contributor and do not necessarily represent or reflect the policies or positions of Municipal Water Leader, its editors, or Water Strategies LLC. The acceptance and use of advertisements in Municipal Water Leader do not constitute a representation or warranty by Water Strategies LLC or Municipal Water Leader magazine regarding the products, services, claims, or companies advertised.

Cover photo: David St. Pierre, executive director of the Metropolitan Water Reclamation District of Greater Chicago, stands along the main branch of the Chicago River in downtown Chicago. Municipal Water Leader

4 Pioneering New Approaches to

Sustainability: A Conversation With Metropolitan Water Reclamation District of Greater Chicago’s David St. Pierre

14 Bob Dawson Reflects on the Water

Resources Development Act 1986 at 30

18 Both Chambers Pass WRDA Bills: Race

Is On to Complete WRDA Work in 2016 By Stephen A. Martinko, James A. Sartucci, and Sarah M. Beason

24 The World’s Largest Ecosystem

Restoration Project: Many Accomplishments With Many to Come

28 As Security Threats Evolve, WaterISAC

Supports the Water Sector By Michael Arceneaux

INNOVATORS

32 Coatings Are Fighting the Mussel

Invasion: Elgin Industries and Cook Legacy Coating Company Are Leading the Fight

34 How Metropolitan Water District Used

Donuts, Soccer, and Pandora to Cut Water Use By Rebecca Kimitch

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Pioneering New Approaches to Sustainability: A Conversation With Metropolitan Water Reclamation District of Greater Chicago’s David St. Pierre

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any people talk about innovation and how important it is to technological and social progress. The Metropolitan Water Reclamation District of Greater Chicago (MWRD) has been leading water resources innovation since the late 19th century. MWRD built many of our nation’s earliest water quality projects and reversed a river’s flow to protect Chicago’s water supply. Today, the district works on the frontiers of resource recovery and has completed a system of underground tunnels and reservoirs that has become a standard for solving wet weather problems across the country. Municipal Water Leader’s editor-in-chief, Kris Polly, spoke with David St. Pierre, executive director of MWRD, about the district’s unique mission, its impressive infrastructure system, and its groundbreaking resource recovery program. Kris Polly: Please tell our readers about MWRD. What is your mission and service area? How many homes and businesses do you serve? David St. Pierre: We were created in 1889 with the mission to protect Lake Michigan, Chicago’s water source.

Maggie Daley Park in Chicago was opened in 2014 after two years of construction, and it used 3,000 tons of MWRD composted biosolids to establish turf grass and to plant more than 1,400 trees.

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Back in the day, everybody was throwing waste into the Chicago River. A branch of this river, located where the stockyards were, is actually named Bubbly Creek. The stockyard proprietors would just throw the carcasses of cattle into the water. The water bubbled, and there was scum where animals could walk across the creek; it was just horrible. So, the district was created to solve the problem of the polluted water intake cribs out in Lake Michigan, and the first thing the district did was build a canal channel into Chicago and reverse the Chicago River so that everything flowed in the other direction. The district has been working on water quality ever since. Having been founded early—in 1889—means the district has been the first in developing many projects in the wastewater treatment industry. The district built seven wastewater treatment plants that were the first secondary treatment plants in the country. Chicago actually installed the first sewers in the United States. The city jacked up the buildings downtown and put the sewers underneath them because we have such a flat environment. We currently serve 5 million people, and when you add in our commercial customers, we serve about 10 million people. We treat 1.2 billion gallons of wastewater a day, which is the most of any district in the country. We have a lot of fun doing that. Kris Polly: Please tell us about your background, education, and career, and how you came to such an important position.

Municipal Water Leader


David St. Pierre: I have an interesting story. I was working as an engineer in the petrochemical field in Eugene, Oregon, when I was looking for a career change. At the time, I had a family to feed, so I changed careers and went to work for about 2 years with the city of Eugene in its wastewater treatment plant. Then I went to Seattle, where I worked for a consulting firm doing controls work for King County Metro, which managed Seattle’s bus system and wastewater. Then I moved to St. Louis, Missouri, where I spent 14 years working for Metropolitan St. Louis Sewer District, ultimately serving as director of operations. My next stop was Atlanta, where I started working for the city as deputy commissioner of wastewater management. I had a very successful career in Atlanta and rose to become the deputy director of operations, supervising both wastewater and drinking water systems. From Atlanta, I was fortunate to have joined the ranks of MWRD.

water. We produce a lot of clean water—1.2 billion gallons a day. We currently have a partnership with American Water with the goal of supplying reused water to the industrial sector at the rate of about 10 million gallons per day. And, in an area where water is plentiful, that target is quite an ambitious goal. We certainly believe that we can use water more than once and provide value. The nice thing is that if you have water by the source, you use less energy to deliver that water and you are also conserving fresh water from our drinking water supply in Lake Michigan.

Kris Polly: Your bio includes the following: “Among other tasks, the District is leading efforts among utilities in adopting a resource recovery model.” Can you please share with our readers a summary of the resource recovery model? What is the status of the initiative? David St. Pierre: There is a lot of buzz in the industry about the utility of the future, and a big part of the portfolio of utilities of the future really has to do with recovering resources from the wastewater that is being sent to and cleaned up in treatment plants. The idea is to change the paradigm of strictly dealing with waste to producing resources from the plants that we run and operate. So, at MWRD, we are focusing on four different resources that we can recover. One of them, of course, is

This historic photograph was taken on September 3, 1895 and features a large group of spectators witnessing the placement of a granite tablet near the top of the northwest wall of the Chicago Sanitary and Ship Canal near the Cook-Will County Line. The canal was completed in 1900 and connected the Chicago River to the Des Plaines River and beyond to the Mississippi River, thus reversing the flow of the Chicago River away from Lake Michigan to protect the source of the area’s drinking water.

Large piles of rock spoil along the banks of the Chicago Sanitary and Ship Canal can be seen during excavation from 1892 to 1900.

The McCook Reservoir, a major part of MWRD’s Tunnel and Reservoir Plan, will hold 10 billion gallons of combined stormwater and sewage when complete in 2029. The first stage comes online in 2017 and will hold 3.5 billion gallons. The McCook Reservoir will provide more than $114 million per year in flood damage reduction benefits to 3,100,000 people in 37 communities. Municipal Water Leader

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Another resource we are seeking to recover is biosolids. In pursuing this goal, we had to ask Springfield for help, because Illinois was one of the few states that did not recognize the federal exceptional quality designation for biosolids. Just last year, the state adopted exceptional quality standards. We can produce 144,000 tons a year of Class A biosolids, and we are currently moving toward that market. In addition to our efforts to enter that market, we are also blending Class A biosolids with yard waste. We have a zero waste law that we are trying to meet for Chicago. Part of the waste that is being hauled to landfills is wood chips and yard waste. We are creating a local outlet for those materials by blending those with our biosolids to produce a high-value compost. The district is garnering quite a revenue stream from receiving that material. Energy is the third resource we are attempting to recover. Our Calumet plant currently has digester capacity to process 400 tons of food waste daily. We have a contract now. We are building a processing facility and a receiving station. The product we are recovering is natural gas. In this area, electricity is very inexpensive, so natural gas is the form of energy that actually makes sense from a financial perspective. We are doing a lot of things in energy recovery. We also have a thermal process that uses the constant temperature of our water to heat and cool our treatment plants. We have some solar panels and other technologies, but the really big target is food organics. In terms of the carbon footprint, the amount of carbon reduction you can achieve through processing food waste locally and not hauling it to landfills is enormous. And then, of course, we are targeting our energy sales to vehicle fuels, and these sales produce a tremendous reduction in our carbon footprint. The fourth resource we are producing is phosphorus. We just started the largest phosphorous recovery facility in the world at our Stickney plant, which is still the largest wastewater plant in the world. We are producing 10,000 tons a year of highquality fertilizer product that can be blended because it does not dissolve in water. Instead, it dissolves with the plant acid and does not cause nutrient runoff. All the nutrient value gets to the plants. We are also experimenting with algae as a nutrient remover at our O’Brien plant. We calculated that we can produce 24 tons 6

The Thornton Composite Reservoir, another major component of the Tunnel and Reservoir Plan, has a storage capacity of 7.9 billion gallons and went online in 2015. This photo shows approximately 36,000 tons of dolomite limestone being blasted from the reservoir’s wall during excavation in August 2013.

This photo shows the connection between MWRD’s Mainstream Tunnel and McCook Reservoir Main Tunnel, more than 250 feet underground near the McCook Reservoir; both are 33 inches in diameter and convey flow to the reservoir.

The Thornton Composite Reservoir took on water for the first time during Thanksgiving 2015. Approximately 400 million gallons of combined sewage and stormwater flowed into the reservoir during the storm event. The water level reached 17 feet, or 5 percent of the reservoir's 7.9 billion gallon capacity. The water was conveyed to the Calumet Water Reclamation Plant for treatment. Municipal Water Leader


MWRD President Mariyana Spyropoulos and U.S. Army Corps of Engineers Lt. Col. Kevin Lovell hold the large scissors to cut the ribbon on the Thornton Composite Reservoir on September 1, 2015. They are joined by MWRD Vice President Barbara McGowan, Chairman of Finance Frank Avila, and Commissioners Timothy Bradford, Cynthia Santos, Debra Shore and Kari Steele; MWRD Executive Director David St. Pierre; U.S. Senator Dick Durbin; Congresswoman Robin Kelly; former U.S. EPA Region 5 Administrator Susan Hedman; former Illinois EPA Director Lisa Bonnett; Secretary/Treasurer of Chicago Federation of Labor Robert Reiter; South Suburban Mayors and Managers Association Executive Director Ed Paesel; and Friends of Chicago River Executive Director Margaret Frisbie.

of algae a day, and that algae can be used for a bioplastics process. We can stimulate the Chicago regional economy by locating a plastics partner near our treatment plant. That could just transform the industry. It could be a game changer. Algae could be the best resource recovery product that we have hit on so far, but there is a lot of work to do. Stay tuned! Kris Polly: What is your Tunnel and Reservoir Plan (TARP)? Please give us an overview. David St. Pierre: TARP is the district’s combined sewer overflows (CSO) plan. It was actually envisioned in 1968, which is four years before the creation of the Clean Water Act. So prior to the Clean Water Act’s implementation, Chicago envisioned a flood plan for the city. TARP is 109 miles of tunnels that connect three major reservoirs in three major systems in the Chicago region. TARP is beyond the scope of any other CSO program in the country. When it is fully built, it will store more than 20 billion gallons of water. Kris Polly: We understand that phase I of TARP was intended primarily for pollution control and is made up of four distinct tunnel systems. We also understand that it’s been operating since 2006. Please give our readers an overview of phase I of TARP and how it is contributing to the solution of CSOs in the area. Municipal Water Leader

David St. Pierre: Though TARP was not originally designed for the city’s CSO control plan, the U.S. Environmental Protection Agency originally looked at the tunnel system as a CSO control plan because it captures the first flush. The 109 miles of tunnel stores about 2.3 billion gallons of water. That 2.3-billion-gallon storage area captures the first flush and has eliminated 85 percent of the pollution load that was overflowing to the Chicago area waterway system. So it has had a tremendous positive effect on the river system. Mayor Rahm Emanuel now talks about the river system being the second waterfront. There is a lot of investment going into the Chicago Riverwalk, and building along the river has significantly increased since the implementation of the plan. When we started on TARP, only two fish species were found in the Chicago area waterway system. Today, over 70 fish species populate these waters, and a diverse aquatic wildlife population flourishes within the Chicago area waterway system. Kris Polly: We understand that phase II of TARP consists of reservoirs intended primarily for flood control, but it will also considerably enhance the pollution control benefits being provided under phase I. Can you explain how phase II of TARP works and what the current status of the project is? David St. Pierre: Two of the three reservoirs making up phase II are online now. The reservoir in our sanitary system 7


is in place and has eliminated overflows in that system. In addition, we recently put online the Thornton Reservoir, a 7.9-billion-gallon system. Thornton has been in service for nine months, and we have had only one overflow during that time. That overflow occurred recently and was during a 6-inch rain event that occurred in a very short period of time. During this event, Thornton overperformed—well above our expectations. Actually, our technical people have determined two easy fixes that will resolve the recent overflow. So it looks like Thornton, which serves our entire south system, is going to eliminate overflows in the Cal-Sag Channel, which is our south river. TARP is the largest and, I am convinced, will be the most effective and successful CSO program in the country. It was really visionary for 1968. McCook Reservoir phase I is coming online next year, and it can handle 3.5 billion gallons. I am anticipating a very similar kind of system response as Thornton. There is a little more complexity in that part of the system, including a combined collection system, so I do not know if we will get to zero, but it will definitely be in the one or two range of CSOs. In terms of flood protection, because Chicago has such a flat landscape, it does wonders for providing that other drain to keep the system flowing. It will significantly reduce basement back-ups as well. Kris Polly: Please tell our readers how TARP is improving the water quality of the Chicago River. Can you cite some of the evidence for these improvements?

David St. Pierre: We have been studying not only the Chicago area waterway system, but also about 130 miles of the Illinois system, for about 50 years. We engaged Argonne Labs two years prior to the reservoirs coming online so we could get a baseline of the water quality in the system. They are using a DNA analysis to create a model, to look at river health before and after the advent of the reservoirs coming online. The first report will be published in October 2016. Following this report, they will look at Thornton and McCook. What we are finding is that the violations we struggle with right now are dissolved oxygen, which is primarily caused by the CSOs. So, by turning those off in the Thornton system, we haven’t had any dissolved oxygen violations in that part of the system. In fact, two weeks ago, I took the plunge. I jumped into the Cal-Sag Channel to make the statement that it really is safe. As far as water quality, there has been such tremendous improvement in that system. We have more than 20 monitoring points across the system, so we’ll continue monitoring the water quality. Kris Polly: TARP is certainly a monumental achievement for water quality for Chicago. Can you please reflect on the district’s experience with the project and share the most important water quality lessons for other cities facing similar problems?

Visitors enter MWRD’s Thornton Composite Reservoir tunnel after the ribbon cutting ceremony on September 1, 2015.

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Municipal Water Leader


David St. Pierre: It’s been a long road. We actually broke ground in 1975 after the initial phase of the design. At that time, nobody had built tunnels like this. The district and the industry have learned a lot about tunneling, tunneling equipment, and tunneling jobs in general. TARP is really an archive of experience for building tunnels. Last year, officials from the city of London, England, came and looked at our tunnel system to help them resolve their tunnel issues. Officials from Singapore also visited us and looked at potential solutions for their issues. MWRD really has become a center for people all over the world—a place where they can come and draw on our experience about how to deal with water pollution as well as capacity problems that exist in every major city around the globe. We have learned that it is important to stick with large projects. We have always had tremendous support from our visionary board of directors. The district has stayed with the vision and the plan. Today, TARP is slated to be one of the most successful CSO control plans in the country and the world. The district really took a big risk by saying we needed to do this for water quality and flooding. Every generation learns a lot managing projects like this. Phase I was done with the Environmental Protection Agency, and when there were more significant amounts of grant money. One of the lessons is to be proactive on any of these issues because it always costs less up front if you are leading rather than following. Because of our visionary oversight, we did not have to overburden our community. Our rates for our services are about 50 percent of the national average, and in the Midwest, about 40 percent less than the national average. Our competitive rates come from the district’s foresight in addressing these issues proactively instead of being forced to come up with an idea to meet a consent decree. That is a great lesson for the utility community. Kris Polly: You recently updated your strategic business plan in a paper titled, Recovering Resources, Transforming Water. Can you tell us briefly what this strategy is and how you will finance and execute the plan? David St. Pierre: The plan focuses on utility excellence. Being a utility of the future, we want to determine what that future will look like. Albert Einstein said that the most powerful force in the universe is the imagination. I believe recovering resources and pursuing excellence will be very important for the utility of the future. Utilities must strive for excellence; they have to move into this area. If you look at the various goals of our plan, there are a lot of goals that have to do with the excellence of the everyday employee—of being an excellent utility. So you have to lead by excellence and add value. You have to develop leading partnerships. You want to be out in front on the environment. You want to be a leader in the recovery of resources. You want to influence the industry locally. You want to influence the industry at the state level and at the federal level, and even be so bold as to influence it at an Municipal Water Leader

Cyclists ride along the new 2.7-mile 606 multiuse trail in Chicago. The trail’s landscape features 1,400 trees and 200 plant species that have thrived from the use of MWRD biosolids.

international level. Resource recovery itself is important. There are specific resources that we are targeting at this time in terms of recovery that we discussed earlier. In terms of financing those goals, we demonstrate financial strength as an organization. In Illinois, we maintain a AAA rating and two A+ ratings. We have a budget of $1.2 billion a year. We maintain a strong capital program. For resource recovery initiatives, we specifically look at return on investment. In other words, we are making decisions based on value to the customers we serve, ensuring that the resources we recover are paying for our capital outlay and providing an additional return on investment that really benefits our customers. Kris Polly: What is most unique about MWRD? David St. Pierre: If I were to describe the district’s spirit since 1889, it has been big ideas. You rarely rebuild a river system and reverse its flow. The architect of reversing the flow of the Chicago River finished the Panama Canal. So the spirit of the district has always been innovation. At MWRD, we focus on technology innovation and developing our employees. We are trying to carry on that spirit of innovation in today’s world to address the issues that remain, such as nutrients. We are currently looking at technologies for nutrients. We have a farm, and we farm 5,000 acres. We are looking for best management practices for farm runoff. We believe that as utility leaders, we should be engaged in the issues, not hiding from them, and we strive to be on the frontier and leading innovation. 9


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Start of aqueduct work celebration, Cabazon, CA., 1933.

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Bob Dawson Reflects on the Water Resources Development Act 1986 at 30

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obert K. Dawson came to Washington from Alabama in the 1970s to work for Congressman Jack Edwards. He played football on a scholarship at Tulane University, where he earned a bachelor of science degree. He later earned a juris doctor degree at Samford University. Mr. Dawson became Congressman Edwards’ legislative director, and Congressman Bob Jones, chairman of the House Transportation and Infrastructure Committee, appointed him the committee administrator, which is the equivalent of today’s chief of staff. In 1981, Mr. Dawson joined the Reagan administration as deputy assistant secretary of the Army for Civil Works. The assistant secretary was California water legend William Gianelli. When Mr. Gianelli left the administration, Mr. Dawson was promoted to assistant secretary. He was in that job when the Water Resources Development Act (WRDA) of 1986 was enacted and signed into law. After his successful stint as assistant secretary, President Ronald Reagan promoted Mr. Dawson to associate director of the Office of Management and Budget, where he oversaw budget and policy for about one-fourth of the federal budget, including the U.S. Departments of Agriculture, Energy, and the Interior; the U.S. Army Corps of Engineers; the U.S. Environmental Protection Agency; and the National Aeronautics and Space Administration. After leaving government at the end of the Reagan administration, Mr. Dawson founded the Dawson & Associates government relations firm, which today occupies a place on the A list of Washington firms. Dawson & Associates offers a wide array of services, including land use approval, flood risk management, energy permitting, surface transportation permitting, superfund remediation, federal contracting, natural resources permitting, urban river restoration, and waterways and marine transportation. Dawson & Associates has an impressive set of accomplishments, including Clean Water Act permitting, Endangered Species Act mitigation, congressional appropriations and authorizations, federal waterway policy advocacy, and Everglades restoration. Mr. Dawson is one of America’s most respected water resources professionals. On August 5, 2016, at a gala honoring achievement in the engineering community, Lieutenant General Todd Semonite, Commanding General of the Army Corps of Engineers, presented Mr. Dawson with the 2016 Gold de Fleury Medal. This is the highest award given by the Army Engineer Regiment. Mr. Dawson joined Municipal Water Leader’s writer, Valentina Valenta, for a conversation recalling his role in the landmark WRDA 1986 on the 30th anniversary of its enactment. 14

Bob Dawson speaking with Municipal Water Leader’s writer, Valentina Valenta, about the history and landmark reforms of the Water Resources Development Act of 1986. (Photo courtesy of Dawson & Associates)

President Ronald Reagan, surrounded by congressional sponsors, including Senator Lloyd Bentsen, Congresswoman Helen Bentley, Senator Pete Domenici, and Assistant Secretary of the Army for Civil Works Bob Dawson, (fourth from right), signing the Water Resources Development Act 1986. (Photo courtesy of U.S. Army Corps of Engineers)

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Valentina Valenta: How would you sum up President Reagan’s policy agenda and vision for a revitalized federal water resources program and a revolutionary WRDA? I understand it went beyond cost sharing and financing reform. Bob Dawson: When President Reagan came to Washington, DC, he understood the value of water projects. During his time as governor of the state of California, he had engineered, with the help of Bill Gianelli, director of the California Department of Water Resources (DWR) from 1967–1973, the now-famous State Water Project that moves water from Northern California to Southern California. President Reagan knew the importance of water resources in growing the national economy and maintaining an edge in international competitiveness. The foundation for support was good, and it was not only about financing but also creating jobs and prosperity. President Reagan brought Mr. Gianelli to Washington to run the Corps of Engineers. Mr. Gianelli was the administration’s point man on reforms for WRDA 1986. President Reagan and Mr. Gianelli brought a strong commitment to economic development in California with them to Washington, DC. Valentina Valenta: I understand that WRDA 1986 ushered in the current Corps policy of the federal–local project sponsor cost-share model. How did financing for Corps projects operate prior to the Reagan administration? Bob Dawson: Prior to WRDA 1986, cost sharing for the development of Corps projects did not exist. Cost sharing was stimulated by budget shortages, which President Carter emphasized as well as his environmental hit list, which indicated to those who favored water projects that they needed to do something different. Cost sharing

was a good way to prove the worth of a project. It was actually hard to get the bill passed, but not because of any perceived flaws in the bill. Some members of Congress and stakeholders had trouble accepting the cost-share reforms in WRDA 1986. The sponsors had to make tough choices. We also hadn’t seen a WRDA passed in 10 years, and WRDA 1986 was very different. The sponsors had to put money toward their water infrastructure study as well as construction. The credibility of Corps of Engineers programs increased dramatically under cost sharing. WRDA 1986 cost $11.5 billion. Valentina Valenta: Please tell us about the role of Bill Gianelli in the Reagan administration’s water policy and WRDA. Bob Dawson: Mr. Gianelli was the father of WRDA 1986 even though he returned to California in 1984. He brought the idea and the courage to implement major financing reform. He essentially said to Congress that a more rigorous study process and a cost-sharing test must be applied. He would say that in hearings, and he made it clear that idea was neither Democrat nor Republican. I give Mr. Gianelli a huge amount of credit for the reforms in WRDA 1986. He had already accomplished similar efforts in California and had the confidence of the White House. We started working on WRDA 1986 in 1981. It took nearly six years from the inception of bill to get it passed. We had a first draft ready from the administration in 1984. President Carter’s hit list of water projects had really caused a debate over the value of water projects. Valentina Valenta: How do you think the congressional committees of jurisdiction over water resources view WRDA today?

Lt. Gen. Todd Semonite, commanding general of the Army Corps of Engineers, and Command Sergeant Major Antonio Jones presenting the 2016 Gold Medal de Fleury to Bob Dawson at the 148th Annual Engineer Castle Ball, held in Arlington, Virginia, on August 5, 2016. (U.S. Army photo by Alfredo Barraza) Municipal Water Leader

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Bob Dawson: The committees may grind their teeth about one provision or another under WRDA 1986, but I believe they would say that the bill gave them something to compete with against social programs and defense projects. WRDA 1986 provided the ticket by saying, “These projects are worthy, prima facie, because the sponsors are willing to pay.” So I think they would say that it was really good that we got cost sharing done. There hadn’t been a WRDA since 1976. Mr. Gianelli and I saw that the time was right to make major changes and give the program a firmness that it just didn’t have before. The Office of Management and Budget respected that. Valentina Valenta: A political science theory says that there was an iron triangle underlying support for Corps projects: The Corps, Congress, and the project beneficiaries. Please tell us how the administration pursued its WRDA policy reforms with the elements of the triangle. Bob Dawson: The Corps is a wonderful institution and it is used to following orders as part of the military. So the Corps was receptive to a change if articulated well. The reforms under WRDA 1986 would never have occurred had the Corps not traveled around the country a year prior to the bill’s passage getting cost-sharing agreements signed with project sponsors. The Corps was able to sell the bill by saying, “If you want to be one of the early projects, sign here.” Without that cooperation, WRDA 1986 would not have happened. Some of the former leaders of the Corps explained to the members why WRDA was good for the country. One of the former chiefs, Jack Morris, a legend, had worked quite a bit with President Carter. Fred Clarke, another ex-chief, had also gone to the Hill to talk about the importance of reforms. President Carter had been unable to get WRDA passed. That made Congress more willing to accept some changes. Some members of Congress would call and say they were with us, but they wanted an exception. One member of Congress at the time approached me and agreed to support the bill only if I could manage to include a very expensive project that had a very negative cost-benefit ratio. I knew that if I gave him any hope of doing that, the bill would be dead. Every member would have expected his own special project to be in the bill. WRDA 1986 presented a great opportunity to get projects back on a regular cycle. Members knew the competitive nature of the appropriations process would only get worse. Water resources organizations and trade associations were also very supportive. They understood that there would be no bill unless reforms, such as cost sharing, were included. Some of these groups even testified in support of the changes. Mr. Gianelli knew how to sell more than just a project. He could sell a vision and pointed to his success in getting the State Water Project online. That made my job in gathering support for the bill in the halls of Congress easier. 16

Valentina Valenta: You were the assistant secretary of the Army for Civil Works when the bill finally moved and passed. Starting with how you came to the job, please tell us how this major event came together. Besides you, who were the key players that carried the effort down the stretch? Bob Dawson: I came to Washington as Jack Edwards’ legislative assistant. After some time, I was packing up to leave to go back to Alabama to practice law when Congressman Bob Jones, chairman of the Public Works and Transportation Committee, called me into his office. I assumed he thought I was going home to run against him, and he wanted to talk me out of it. Instead, he offered me the staff director position on the full committee, which was an incredible opportunity for a 26 year old. So I went home and unpacked the boxes. I worked under three Democrats, and I really bonded with them. In those days, it was not unusual to work as a staffer for both Democrats and Republicans in Congress. My experience on the committee really helped me with WRDA 1986. In 1981, Congressman Edwards received a call from President Reagan. Congressman Edwards called me and asked if I would like to work in the assistant secretary of Army Corps’ office as Mr. Gianelli’s deputy. I was certainly interested. I learned a tremendous amount from Mr. Gianelli during his three years at the helm. He was a manager, an administrator, and an engineer, and he knew water programs better than anyone in the business. The three people who pushed WRDA 1986 over the finish line were Bill Gianelli, Senator Jim Abdnor, (who sadly lost his election that year because he stayed in Washington, DC, to get the bill passed rather than returning to his state to campaign), and Chairman Bob Roe. Valentina Valenta: Most historians of the Corps, amateur as well as professional, cite WRDA 1986 as the beginning of the current era of water resources at the Corps. What did the act do, why was it so important, and why does it continue to be so important? Bob Dawson: WRDA 1986 proved that the beneficiaries were willing and able to pay. The ongoing budget for the Corps, which is supported by the White House and the Congress, demonstrates that the federal government understands the value of our nation’s water projects. The Corps authorization committees have now committed to getting WRDA done every two years. That shows the importance and priority of the Corps programs, and it also gives us a forum to adjust the policy. We are still learning from WRDA 1986. Valentina Valenta: We are in a presidential election year, and Washington, DC, is embroiled in campaigning and politicking. Some members of Congress may be facing a lot of criticism from their constituents for their votes on costly Municipal Water Leader


bills. They may be asking themselves why they should support another WRDA bill so soon after the last one was passed, especially if they don’t have any projects specific to their districts included in the bill. Bob Dawson: I would tell them that we have to think on a national scale. It really is a competitive world out there, and there are a lot of countries that want to emerge from the fight economically stronger than the United States. We have to have better ports, better inland waterways, and better flood protection that doesn’t wipe out cities like New Orleans. Valentina Valenta: What were some of the most important projects that originated under WRDA 1986? Bob Dawson: The ports were a highly visible part of the process, especially Baltimore, New York, and Norfolk. In fact, right before the bill was either going to get passed or not, I asked Mr. Bory Steinberg, a great Corps of Engineers careerist, to get a cost-sharing agreement signed with Norfolk and Baltimore. Mr. Steinberg undertook shuttle diplomacy and got them both to sign the new cost-sharing agreements based on the terms of WRDA 1986. Later on, those ports were clearly beneficial to the nation, not only to the cities where the ports were located. The Everglades and the environment were certainly part of the WRDA 1986 legacy. WRDA 1986 created the process for federal–state negotiations and cost-sharing that the Everglades Restoration Project was born out of. Speaking of the environment, the first environmental authority or mission provided to the Corps was in WRDA 1986, section 1135. It is interesting that many of the environmental groups who opposed my confirmation helped get the bill passed. My nomination took over a year. There were four hearings. I was fortunate to have a great supporter, Senator Howell Heflin from Alabama, who was a Democrat. In addition, Senator Phil Gramm from Texas came into one of my hearings and threatened to hold up any of the bills that my opposition was promoting if they didn’t confirm me immediately. That said, environmentalists could see that WRDA 1986 would enable smaller projects and environmental reforms that wouldn’t happen without the cost-share formula. Though the environmental groups didn’t support my initial confirmation, they became great allies on the bill. You can’t take anything personally in Washington, DC. Your detractors one day can be your great supporters the next. For me, though, rather than one project standing out, the most important thing to come out of WRDA 1986 was the idea that a lot of work, jobs, and competitiveness for the nation occurred because of the bill’s reforms. That was the most important part of the measure. Municipal Water Leader

Valentina Valenta: The Water Resources and Reform Development Act of 2014 dealt with some unusual issues, including the disputes among Alabama, Florida, and Georgia and over the apportionment of their river basins. Do you believe that WRDA is the right place to resolve the Southeast’s water wars? Bob Dawson: WRDA certainly provides a debate point for issues of interstate conflict, but there can’t be a resolution in the bill because somebody has to lose in those water wars. The best hope, I think, is for the three governors to come together and try to reach an agreement. Valentina Valenta: Please share with our readers some of the great friendships you developed during your work on WRDA 1986. Bob Dawson: Bill Gianelli is a great friend. I got to know Senator Jim Abdnor quite well. The chief of engineers at the time was Vald Heiberg, and he became a great friend. He passed away. Those battle station experiences provided great bonding experiences. Ed Dickey was at the Army, and he was a shining light. He has a great mind. Mr. Dickey was the translator of economic theories—a great practitioner of that art. He is a stalwart colleague and friend. Mr. Dickey is a part of my firm now. I also developed a great working relationship with the Office of Management and Budget. Don Crable, another person who worked on WRDA 1986 is legendary in the world of water projects. Those friendships were intensified if not totally attributable to the work we did in getting WRDA 1986 signed into law. Valentina Valenta: Thirty years later, WRDA 1986 continues to be the framework for the Civil Works program. Events seldom stand still. Perhaps one of the most discussed issues today is the reality that sufficient federal money is unlikely to be found to build all the projects that nonfederal sponsors have supported with a funding commitment and which have been authorized for implementation. What are the possibilities for meeting this challenge as we look toward the future? Bob Dawson: I think the future is very bright. If you look at the president’s budget for the Corps, it’s a large amount of money. However, proponents have to do a better job of convincing the power structure that these programs are really good and are better than certain social or defense programs. Hill leadership in the committees of jurisdiction is strong. The Corps leadership is also great. However, constituencies and local sponsors, including individuals and local counties, need to push their projects with the committees, the Corps, and even the Office of Management and Budget. Their engagement truly matters. 17


Both Chambers Pass WRDA Bills:

Race Is On to Complete WRDA Work in 2016

By Stephen A. Martinko, James A. Sartucci, and Sarah M. Beason

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he Senate and House both passed Water Resources Development Act (WRDA) bills in September, bringing Congress two major steps closer to returning to a regular, biannual process of authorizing projects and activities related to the key missions of the U.S. Army Corps of Engineers. Congressional aides hope to bridge the differences between the two bills in an informal conference while Congress is recessed during October to have a negotiated package ready for swift approval when lawmakers return after the election. However, the clock is ticking, and a narrower House WRDA bill must be reconciled with the Senate’s much broader measure, which includes sweeping changes to the country’s water and wastewater programs. Further complicating pending negotiations, the Ranking Member of the House Transportation and Infrastructure (T&I) Committee, Representative Peter DeFazio (D–OR), voted against the House WRDA bill.

Senate Passes WRDA

In a 95–3 vote, the Senate overwhelmingly approved its WRDA bill (S. 2848) on September 15. The legislation authorizes 30 Army Corps projects with a Chief of Engineers report, including major harbor investments, flood-control measures, and environmental-restoration work, as well as certain modifications to existing projects. Also of note, the bill builds on the reforms in the Water Resources Reform and Development Act of 2014 to the Harbor Maintenance Trust Fund (HMTF) by clarifying the targets for increased HMTF funding and extending prioritization for donor and energy transfer ports and emerging harbors. Going beyond the scope of a traditional WRDA, the Senate bill provides investment in the country’s aging drinking water and wastewater infrastructure, assists poor and disadvantaged communities in meeting public health standards under the Clean Water Act and Safe Drinking Water Act, and promotes innovative technologies to address drought and other critical water resource needs. The bill also responds to the drinking water crisis in Flint, Michigan, by providing emergency assistance to Flint and other communities across the country facing drinking water contamination.

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House Follows Suit and Approves WRDA (With Flint Amendment)

Following the Senate’s approval of WRDA, the House passed its WRDA bill on September 28, authorizing $17.4 billion in water projects to be carried out by the Army Corps. The bill passed by a vote of 399–25. Despite the lopsided vote tally, House consideration of WRDA was not without significant controversy. On the heels of the Senate’s approval of its WRDA bill, the House initially hoped to quickly move its bill under suspension of the rules, a procedural mechanism that would have allowed for expedited consideration of the measure. However, those plans were derailed over a provision in the House bill aimed at ensuring that revenues from a tax on goods passing through U.S. ports be used for their intended purpose: dredging and maintaining the country’s harbors. For years, much of the proceeds from the HMTF have been used to offset other federal spending, which has frustrated port interests and their allies in Congress. T&I committee Ranking Member DeFazio included the provision in the House bill, but members of the appropriations and budget committees expressed strong opposition due to its significant budgetary effects. Ultimately, the HMTF provision was stripped from the bill when it came to the House floor for consideration. The striking of this provision received significant opposition from House Democrats. Ranking Member DeFazio commented, “I’m incredibly disappointed that the Republican leadership has

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sabotaged a good, bipartisan bill that would have maintained and strengthened our ports, harbors, and waterways, and our nation’s economic competitiveness.” During the WRDA floor debate, T&I committee Chairman Shuster expressed empathy with DeFazio, noting “that user fees paid into the Harbor Maintenance Trust Fund should be used to improve our transportation system.” However, the provision “conflicted with House rules” and could not be resolved. Chairman Shuster said he wants to continue working “to find a solution,” as the House and Senate work to reconcile differences in their WRDA bills. Ultimately, Ranking Member DeFazio voted against final passage of WRDA due to the exclusion of the provision. Also complicating House WRDA consideration was the issue of whether to send federal aid to help Flint recover from its long-running drinking water crisis. While the Senate-passed WRDA bill includes $220 million in Flint funding, the House WRDA bill included no Flint aid. The issue of Flint aid had tied up the year-end government funding continuing appropriations resolution because Senate Democrats were insistent on including emergency funding for Flint. A compromise was reached that set a path for providing aid to Flint as part of the WRDA bill and enabled passage of a short-term continuing resolution to keep the federal government open. Under the compromise, House leadership agreed to consider an amendment to the House WRDA bill to provide assistance for Flint. The bipartisan amendment from Representative Dan Kildee (D–MI) and John Moolenaar (R–MI) would authorize $170 million in funding for Flint and other cities where the president has declared an emergency because of contaminated water. The amendment was approved by the House and added to WRDA by a vote of 284–141.

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Racing to Beat the Clock to Reconcile Differences

The Flint aid package likely stands to be among the most controversial of the differences between the bills. There are significant differences between the House and Senate approaches on Flint, with the House’s authorization for a future appropriation of $170 million a far cry from the immediate $220 million in mandatory budget authority contained in the Senate bill. The addition of Flint to the House bill also broadens the scope of House–Senate negotiations. Discussions are all now but guaranteed to include the House Energy and Commerce Committee, which will also likely be involved in negotiating other drinking water provisions within its jurisdiction that are in the Senate bill but not in the House bill. Additionally, key House Republicans continue to express concern regarding the federal government paying for local infrastructure problems. Representative Bob Gibbs (R–OH), chairman of the T&I subcommittee with jurisdiction over water, has stated, “I’ve got some concerns . . . because you’re opening up a whole new area that feds haven’t really been that involved in because that’s really a state and local issue, and of course it’s a man-made issue.” However, working out the details of a Flint package should prove to be vastly easier than jockeying for position on whether it will be included, which should help smooth the path forward for negotiations since both bills now include Flint provisions. Ranking Member DeFazio’s opposition to the Housepassed bill also presents potential complications. HMTF issues could remain a stumbling block. Additionally, the Oregon Democrat has also said he is concerned about a number of parochial amendments that were added to the bill on the House floor that could carry broader consequences. “There’s a bunch of stuff that was thrown in . . . that’s got to come out,” DeFazio has said. “We have little tiny local problems where the chairman has allowed them to change national policy. . . . These are big deals.” Finally, any compromise measure, particularly if it includes some of the Senate’s broader provisions, will likely need to remain fiscally conscious to stay viable in the more conservative lower chamber. Despite the complications, both Senate and House leaders have expressed optimism they will complete work on a final WRDA package this year. In a joint statement, Senate Environment and Public Works Committee Chairman Jim Inhofe (R–OK) and Ranking Member Barbara Boxer (D–CA) said, “The strong, bipartisan vote in the House of Representatives is a clear sign that we can reconcile the House and Senate bills swiftly and smoothly. We are confident that Congress will send to the president’s desk this year another robust bipartisan infrastructure

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bill.” T&I committee Chairman Shuster echoed those sentiments following passage of the House bill, stating, “The House and Senate now need to finish their work and send a final WRDA measure to the president before the end of the year. We can’t afford to delay this critical bill.” Expect little rest for weary congressional aides this October as they seek to finalize a negotiated package for lawmakers to consider when they return after the November elections. The clock is ticking, and the race is on to complete WRDA before the 114th Congress ends. Stephen Martinko is a government affairs counselor in K&L Gates’ public policy and law practice. He concentrates on federal legislative and regulatory advocacy, engaging on a wide range of policy issues with a focus on transportation and infrastructure, maritime, and energy matters. His diverse public policy and management experience includes service as executive director of the Port of Pittsburgh Commission, deputy staff director of the U.S. House of Representatives Transportation and Infrastructure Committee, and chief of staff to Congressman Bill Shuster (R–PA), chairman of the Transportation and Infrastructure Committee. Stephen can be reached at stephen.martinko@ klgates.com. Jim Sartucci is a government affairs counselor in K&L Gates’ public policy and law practice. He has more than 13 years of practical experience on Capitol Hill, working inside the legislative process on issues such as maritime, Coast Guard, Homeland Security, transportation, oceans, fisheries, and science programs and policy. Prior to joining the firm, Jim spent 9 years working for Senator Trent Lott (R–MS), for whom he served as legislative director. Jim can be reached at jim.sartucci@klgates.com. Sarah Beason is an associate in the firm’s Washington, DC, office. Sarah can be reached at sarah.beason@klgates.com.

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The World’s Largest Ecosystem Restoration Project:

Many Accomplishments With Many to Come

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his article brings readers a glimpse of the complex ecosystem restoration project known at the Comprehensive Everglades Restoration Plan (CERP). The plan was authorized in the Water Resources Development Act (WRDA) of 2000 and now awaits WRDA 2016 to advance a major new component that will start bringing back the “river of grass,” written about by Marjorie Stoneman Douglas. In addition, the Everglades federal, state, and local partnership looks forward to an exciting new opportunity to store and clean water south of Lake Okeechobee. In 1947, Marjory Stoneman Douglas, a former Miami Herald reporter, published her famous book, The Everglades: River of Grass. The “river of grass” refers to the shallow sheet of water, 60 miles wide and 100 miles long, that once flowed slowly from Lake Okeechobee to the Florida Bay at the very southern tip of the state. Projects diverted water from this large wetland for flood control purposes to support farming and population growth. The Everglades is still the largest single wetland system in the continental United States, but the ecosystem is now half its original size. Central Everglades Restoration Project: Levees, dikes, and dams. (Photo courtesy of U.S. National Park Service, R. Cammauf)

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Restoration Needs Arise From the Water Management Successes of the Past

Bob Graham, the former Florida senator and governor, used to regale audiences with the story of Hamilton Disston, a Philadelphia entrepreneur, who came to Florida in the 1880s with money and time that he committed to digging ditches and building canals meant to drain the swamp known as the Everglades and tame it for human occupation. The early drain, ditch, and dike approach was not immediately successful until, as Senator Graham used to recall, the Army Corps Engineers was called in and some progress was made. Hurricanes and floods have played a large role in the history of Florida. Hurricanes in the first half of the 20th century challenged state and local efforts to dry up swamps. One hurricane, the so-called Labor Day Hurricane of September 1935, killed over 400 people. The disastrous flood of 1947, which followed a severe drought in 1945, and the serious intrusion of saltwater gave rise to a demand for a new and effective water management system. In response to public demand, the Army Corps of Engineers Jacksonville District conducted public hearings throughout southern Florida to collect information on how best to revamp the water management system. The Army Corps Jacksonville District prepared a comprehensive report and submitted it to Corps headquarters in December 1947. The report cited the problems of flood protection, drainage, and water control, and determined that the St. Johns, Kissimmee, Lake Okeechobee, Caloosahatchee, and Everglades drainage areas composed a single system and economic unit. The report included a plan to deal with the problems of water management. This plan became the Central and Southern Florida Flood Control (C&SF) project.

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The C&SF project was approved by Congress as a part of the Flood Control Act of 1948. The stated goal of the plan was to “restore the natural balance between soil and water in this area insofar as possible by establishing protective works, controls, and procedures for conservation and use of water and land.” This project enabled over 5 million people to live and work in the 18,000‑squaremile area that extends from south of Orlando to Florida Bay. Land use and the aquatic ecology also responded to the project. By 1983, the Chicago Tribune would say, “The projects have transformed Dade Country into one of the nation’s top agricultural production areas—95 percent of the country’s fresh produce is grown here from November to April—but they also have disrupted the food supply and biological rhythms of much of the wildlife that depends on the marshes for survival.” Many believed that the projects caused these far-reaching and devastating environmental effects. By the early 1980s, Governor Graham had begun to develop a restoration plan. In response, in 1992 Congress directed a restudy to modify the C&SF project and to restore the Everglades and Florida Bay ecosystems, while providing for the other water-related needs of the region. The restudy developed the multibillion-dollar CERP that was authorized by Congress as WRDA 2000. The CERP is the world’s largest ecosystem restoration project and is a partnership of the U.S. Army Corps of Engineers, the State of Florida (South Florida Water Management District), and other federal and state agencies. All the partners were charged to share a commitment to sustainable development, protection, and restoration of the Everglades. Following WRDA 2000, additional successes followed when more projects were authorized in WRDA 2007 and WRDA 2014.

Restoration Interests Recount Successes

Perhaps no one has been more dedicated to the restoration of the Everglades than Mary Barley, the present chair of Everglades Trust. She and her late husband, George Barley, founded the Everglades Foundation and the Everglades Trust. She recently delivered a speech in which she spoke about the history of the Everglades restoration effort and recounted successes and disappointments along the way. Mary recalled, “One day at our home in the Florida Keys, my husband, George, and I went outside to discover our Florida Bay—which was once filled with beautiful, clear water—had changed into what could be best described as pea soup. Green, slimy algae had invaded the water. And it wasn’t just our area; algae were present in the water all around the Upper Keys. Beyond the stench, this slimy mess was impacting our clean water supply and the health of one of the most treasured and diverse ecosystem in the world. It was at that moment that

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A great egret in the Everglades. (Photo courtesy of U.S. National Park Service, R. Cammauf)

George and I decided that we had to do something. And the Everglades Trust was born, and our mission and our advocacy grow stronger each day.” She recounted successes. In 1996, 68 percent of Florida voters passed the Polluter Pay Amendment to the Florida Constitution, requiring those who cause water pollution in the Everglades Agricultural Area (EAA) to be responsible for paying the costs of cleaning up that pollution. The passage of this amendment was a win for Florida taxpayers and the environment; however, the Florida legislature has refused to implement this constitutional amendment. In 2000, Congress passed the CERP to restore, protect, and preserve the water resources of central and southern Florida. This plan includes some 68 separate restoration projects, including a 60,000-acre reservoir in the EAA. The CERP is the backbone of restoring America’s Everglades. It is the guiding document for Everglades restoration. In 2014, 75 percent of Florida voters again voted a new constitutional amendment to designate about a billion dollars a year to purchase, restore, and manage land conservation projects, including Everglades. Mrs. Barley counted other successes. “Restoration of the Kissimmee River, Picayune Strand, Big Cypress, the C43 and C44 reservoirs, Tamiami Trail bridging, protecting the western Everglades from the mistakes we made on the eastern borders, Everglades Headwaters National Wildlife Refuge—more than $15 billion from federal and state funding so far and the purchase of nearly 60,000 acres in 1998.” The proponents of Everglades restoration are proud of work to lead the grass roots effort to advance the projects 25


critical to the restoration of our treasured Everglades. This year, Mary Barley and her allies look forward to two more milestones on the way to the goal that Governor Graham set out in the early 1980s: the Central Everglades Planning Project and water storage in the Everglades Agricultural Area.

The Central Everglades Project Awaiting Authorization in WRDA 2016

The Central Everglades Planning Project aims to start bringing the “river of grass” back to life and to start recovering its former size. The goal of the plan is to restore more natural water flow, depth, and durations into and within the central Everglades. The plan includes six project components to increase storage and treatment and to move water south of Lake Okeechobee, remove canals and levees within the central Everglades, retain water within Everglades National Park, and protect urban and agricultural areas from flooding. The Army Corps’ Chief of Engineers recommended his plan in his report in December 2014. The project is included in both the House and Senate versions of WRDA 2016. The total estimated cost is $1,951,000,000 (federal: $976,375,000 and nonfederal: $974,625,000).

Central Everglades Restoration Project: Levees, dikes, and dams. (Photo courtesy of U.S. National Park Service, R. Cammauf)

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Water Storage in the Everglades Agricultural Area

Florida’s estuaries have been hard hit in recent years by releases of excess, nutrient-rich water from Lake Okeechobee to the St. Lucie and Caloosahatchee Rivers. Algae blooms have contributed to toxic conditions in the connected estuaries. Fish have developed lesions and other problems. Large regional tourist-related economies on the east and west coasts of Florida have suffered substantial losses in revenues. Environmentalists and others indicate that the toxic algae blooms and seagrass die-offs plaguing Florida’s coastal estuaries and the Florida Bay show why Everglades restoration is more important than ever. Since its inception, the CERP has called for a reservoir in the EAA to receive Lake Okeechobee water and reduce the harmful discharges to the estuaries. In July 2016, Representative Patrick Murphy wrote to Assistant Secretary of the Army for Civil Works JoEllen Darcy, saying, “I urge the Corps to begin the planning phase for EAA water storage as soon as possible, currently slated for 2021 per the 2015 update to the Integrated Delivery Schedule. Identifying and planning for water storage both north and south of the lake will demonstrate a true and thoughtful commitment to reducing devastating discharges and restoring the Everglades.” In August 2016, Secretary Darcy responded to Congressman Murphy. “As you stated, a study of the Everglades Agricultural Area is scheduled to start in 2021 and will investigate opportunities to create water storage areas south of the lake. The Army is prepared to initiate this study quickly, once a non-federal sponsor for the study is identified.” Secretary Darcy’s response to Representative Murphy establishes a commitment to move forward on water storage in the EAA subject to the traditional study sponsorship and cost sharing required under WRDA 1986. This was followed by another boost for EAA storage. On August 9, Florida State Senator Joe Negron, the incoming president of the Florida Senate, announced his plans for reducing harmful water discharges from Lake Okeechobee. He proposed to initiate planning for water storage south of the lake in the EAA. Senator Negron’s own Stuart community has been seriously affected by toxic algae blooms due to water releases from Lake Okeechobee. In addition to committing to the planning for EAA storage, he also proposed a $2.4 billion state and federal plan to buy 60,000 acres of land and construct reservoirs that would capture and cleanse the nutrient-rich water that would otherwise be discharged from Lake Okeechobee into the Caloosahatchee and St. Lucie estuaries. This clean water would then be released into Everglades National Park and the Florida Bay, where it is so desperately needed. Municipal Water Leader


As result of these developments, Everglades proponents are eager to push to implement these bold plans to store and clean water in reservoirs south of Lake Okeechobee where the Everglades once moved without obstruction. Keeping their eyes on the prize is paying dividends.

The Economic Benefits of Restoration

In some contexts, restoration interests have not always stressed the economic implications of restoring sensitive ecological resources. This is not the case among the proponents of Everglades restoration. In her recent address, Mary Barley points out, “Losing jobs, losing revenue . . . these are all losses that are already happening due to the collapsing Everglades ecosystem that generates 76 percent of Florida’s employment and a whopping 78 percent of Florida’s gross domestic product. Those are incredible numbers. The ecosystem also provides drinking water to one in three Floridians.” In fact, the Everglades Foundation met the challenge of economic analysis head on in a late-2010 study by Mather Economics. That pioneering study found that restoration “will produce an increase in economic benefits of approximately $46.5 billion that could range up to $123.9 billion based on an investment of $11.5 billion.” In addition, “The study shows that for every one dollar spent

The timeless world of Everglades ecology.

on Everglades restoration as part of the CERP, $4.04 will be generated in economic benefits. Projections indicate that there will be an incremental impact on employment of about 442,644 additional jobs over 50 years. The U.S. Army Corps of Engineers also estimates there will be 22,966 new short- to mid-term jobs created as a result of actual restoration projects.”

Much Remains to Be Done

The world’s largest ecosystem restoration project has been advancing well since the CERP was approved in WRDA 2000. The scientists on the National Academy of Sciences studying the project support the efforts and believe the ecology is recovering. Senator Graham has often compared Everglades restoration to heart surgery. He points out that you cannot start open heart surgery and give up in the middle. He stresses that the same is true of ecosystem restoration in the Florida Everglades. “You can’t give up in the middle of the process.” Much remains to be done, but it is a credit to the federal, state, and local agencies, Congress, and restoration interests that this effort continues to move ahead. We can take encouragement that the legions of Everglades supporters will not be giving up in the middle of the process.


As Security Threats Evolve, WaterISAC Supports the Water Sector By Michael Arceneaux

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rinking water and wastewater utilities in the United States face many potential security threats, and the threats are more serious than ever. Threat actors include terrorists, insiders, hackers, common criminals, and, perhaps the biggest threat, natural disasters. At risk is the very mission of water systems: the treatment and delivery of safe water and the collection and treatment of wastewater. Terrorists have the ability to make bombs that can be deployed as easily at a pump station as in a commercial district. At the same time, utilities report crimes committed by disgruntled former employees, contractors, customers, and common criminals. Of course, contamination— intentional and unintentional—of water is always a concern. Utilities’ cybersecurity is also at risk. Cybercriminals have compromised utilities’ networks to hold data hostage in return for ransoms, and hackers have tapped into utilities’ process control systems. Other active cyberthreats include the business email compromise, whereby cybercriminals send a utility’s accounts payable office an email that appears to be from a top executive directing the office to make an electronic payment to what appears to be a legitimate business. The threats of most concern to utilities, according to managers, are from natural disasters. Storm surges and flooding can inundate treatment works, strong winds and ice storms can knock out power supplies and telecommunication networks, and damage from earthquakes and tornadoes can put utilities out of business for weeks or months. To help water and wastewater systems protect their facilities, personnel, and customers from these threats, utility managers formed the Water Information Sharing and Analysis Center, or WaterISAC, in 2002, soon after the terrorist attacks on September 11, 2001. This nonprofit membership organization delivers to its members current threat information; threat and incident analysis; 28

after-action reports; and resources on threat mitigation, preparedness, recovery, and general resilience. The information delivered to members comes from dozens of sources, ranging from the U.S. Department of Homeland Security, the Federal Bureau of Investigation, and other government agencies to private security firms, think tanks, and national associations. The information— some of which is considered sensitive—is gathered by a dedicated intelligence analyst who shares it with members via a secure online portal and the twice-weekly Security & Resilience Update. Another service WaterISAC provides to its members is access to contaminant databases, including proprietary databases and one from the U.S. Environmental Protection Agency. These databases contain occurrence levels, treatment, laboratory methods, and other critical information for ricin, anthrax, and hundreds of other biological and chemical agents. The databases have proven useful to utilities that have experienced threats of intentional contamination. The chairman of the WaterISAC board of managers is John P. Sullivan, chief engineer of the Boston Water and Sewer Commission. Mr. Sullivan says that WaterISAC is like an insurance policy. “Many members may log in to the WaterISAC portal on a daily basis, but for many others, knowing that they have access to the contaminant databases and other resources, should they be needed during an incident, is worth the investment in membership.” WaterISAC also hosts members-only, monthly online cyberthreat briefings and webinars on various topics. Recent events included a two-part webinar on active shooter/workplace attack preparedness and another on how cyberthreat intelligence can improve utility security. The webinars are conducted live, and they also can be downloaded from the portal and viewed later. In times of disaster, WaterISAC helps utilities by soliciting loans of equipment and other resources from unaffected utilities. Such was the case in the aftermath of Hurricane Sandy. “After Sandy, WaterISAC reached out Municipal Water Leader


Utilities are adopting best practices to improve the security of process control systems.

Natural disasters are one of the biggest threats to water and wastewater utility operations.

to other utilities on our behalf when we urgently needed a vital piece of equipment,” said Joseph Bella, executive director of the Passaic Valley Water Commission in New Jersey. In addition to posting information to the membersonly portal, WaterISAC sends e-mail alerts about threats and suspicious activity, such as when WaterISAC notified utilities in the Phoenix metropolitan area about several suspicious incidents occurring in a short period. “WaterISAC alerted members in the area in a matter of minutes,” said Kathryn Sorensen, the director of Phoenix Water Services. Of WaterISAC’s nearly 10,000 members, most are employees of water and wastewater utilities, primarily in the United States but also in Canada and Australia. These utilities serve both rural and urban populations. Members include general managers; chief information officers; and staff from security, emergency preparedness, information technology, and water production departments. Other members include water and wastewater sector consultants, government agency employees, and law enforcement personnel. Located in Washington, DC, WaterISAC is governed by a board of utility managers appointed by the major national water and wastewater associations and research foundations—the American Water Works Association, the Municipal Water Leader

Association of Metropolitan Water Agencies, the National Association of Clean Water Agencies, the National Association of Water Companies, the National Rural Water Association, the Water Environment Federation, the Water Environment & Reuse Foundation, and the Water Research Foundation. Also on the board is an appointee of the Association of State Drinking Water Administrators. There are two tiers of WaterISAC membership: pro and basic. Basic members are provided free access primarily to information from government agencies and information in the public domain. Pro members have access to that information plus sensitive information marked for limited distribution, the webinars, contaminant databases, WaterISAC’s biannual threat and incident report, and much more. For utilities that are not yet pro members, WaterISAC is offering a free three-month trial. WaterISAC can be found at www.waterisac.org. To learn more about WaterISAC, contact Michael Arceneaux, managing director, at (202) 331-2820 or arceneaux@waterisac.org.

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Coatings Are Fighting the Mussel Invasion:

THE INNOVATORS

Elgin Industries and Cook Legacy Coating Company Are Leading the Fight Zebra and Quagga Mussels Are Costly Invaders

The zebra and quagga mussel invasion of U.S. waters has an interesting, albeit unverified, history. These nuisance animals are believed to have arrived in the United States by attaching themselves to the bottoms of maritime vessels coming to our nation’s ports from Eastern Europe. Regardless of their pathway to the United States, they have expanded their invasion significantly since the first zebra mussel was reported in the early 1980s. Their growth and spread in the Great Lakes has had a devastating effect on the food chain in the lake and has reduced zooplankton populations to such an extent that larger fish in the water have been affected by the reduced food supply. Zebra and quagga mussels invade water intakes and can become so massed that they clog these intakes and severely disrupt a water supply system or a hydropower plant. Zebra and quagga mussels are costing water facilities hundreds of millions of dollars. Controlling zebra and quagga mussels has been challenging. Technology has not yet advanced enough to eliminate them. Fortunately, Elgin Industries, Cook Legacy Water and Energy, is manufacturing coatings for the metal surfaces of water infrastructure that prevent the mussels from attaching.

In 1999 and in the first quarter of 2000, the young company did its due diligence on the coating. They set out to prove to themselves that the coating worked. The first thing they did was reach out to the copper development agency that Mr. Masty’s brother-inlaw had worked with on the coating. The company worked with the agency to get an independent outside laboratory to test the coating to make sure that it did not leach copper into the environment. Mr. Masty and his new company were able to prove that the coating did not leach copper into the environment. The actual leach rate of the coating was a mere 0.003 parts per billion, which is far below federal regulation. Next, to determine that the coating worked, the fledgling company contacted potential customers with whom Mr. Masty’s brother-in-law had worked prior to 1999. These people had been testing some of the coating samples. In summer 1999, the company coated about eight screens and sent them back to the owners. By the next spring and summer, the screen owners reported that they had zero mussel attachment. These screens were located in the Lake Champlain area, around Vermont and New Hampshire. Elgin supplies screens for four common orientations: tee screen, drum screen, hemi screen, and flat panel. Mr. Masty explains, “At this point, we began selling

Elgin Industries Has Solutions for Water Intakes

Tim Masty, director of sales for Elgin Industries, started his company back in 1999—it was born of a tragedy in his family. His sister and brother-inlaw were killed in a tornado in Cincinnati, Ohio, on April 9, 1999, leaving Mr. Masty’s nephew and niece orphaned. Mr. Cook had been working on coatings to address the problems of zebra and quagga mussel invasion. Mr. Masty recalls, “My brother-in-law, Leon Cook, completed his work on the invention in 1997 and applied for the patent on our product, known as Jacquelyn™ Coating, two years prior to the tragedy.” Two days after the tragic event, a patent was granted on the coating. Mr. Masty said, “We reassigned the patent to his children, and the journey began.” Mr. Masty, his brother, and a cousin formed a company called Cook Legacy Coating Company. They started the company with just the coating material.

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Cooling water intake pipe protected by Jacquelyn. Municipal Water Leader


coated screens to screen manufacturers. We have done a lot of work in Texas, Oklahoma, Oregon, and Washington. We coated intake projects in the New York area. We have also worked around the world. We developed a coating for seawater intakes in the West Indies. We even developed a coating for pump strainers in Michigan. We have screens in areas where there are both quagga and zebra mussels. Both of those mussels are repelled by the coating and do not stick to it.” Mr. Masty recalls, “In 2011, we really started growing and doing a lot of work with Elgin, so Elgin bought Cook Legacy at that time. We had a lot of synergy.”

Jacquelyn Coating Is Effective, Safe, Long Lasting

Jacquelyn is a permanent metal coating that inhibits zebra mussel attachment through ionic surface action. It is applied through a customized thermal spray process. Jacquelyn is both safe for the environment and long lasting, with a 15-year service life. The company recently sent six coated water intake screens to Quitman, Texas. Elgin has done a number of projects in Texas and is currently helping design a big project in the Houston area; for this project, Elgin will be coating the pump cans and the screens. Elgin also builds screens. Almost all the waters east of the Mississippi River are infested with zebra mussels, and the company’s main emphasis has been east of the Mississippi.

Elgin Uses Innovative Materials

Elgin’s coatings contain copper-nickel and other proprietary material. Mr. Masty says, “The thing about our coating is that it specifically keeps zebra mussels from

attaching to the surface of the screen. When we put it on stainless steel, it’s much stronger than copper-nickel screens, and it is much more economical than building copper-nickel.” The only substrates that the company can coat are stainless steel and aluminum. The company has improved the coating since 1999 and has had the coating NSF certified (C 0187360-01). The key to the coating’s effectiveness is having a good substrate for it to attach to and getting a good profile on that substrate to get the coating to adhere to it. Jacquelyn’s effectiveness in preventing zebra mussel attachment has been proven in a number of instances. For example, an island resort was plagued by biofouling. Elgin helped the resort owner retrofit his existing intake system (an offshore strainer) with a new passive screen system. Elgin worked with the site owner to develop a custom flow modifier within the system to ensure consistent flow and to make the screens so they could be easily installed and removed. To address biofouling concerns, Elgin coated the screens with Jacquelyn. In another case, a power plant was retrofitting its cooling water intake system to comply with U.S. Environmental Protection Agency regulation 316(b). The water body was infested with zebra mussels. In addition, the flow rate through the system was going to be decreased to a flow rate optimal for zebra mussel growth. The facility needed to maintain ample cooling water to avoid costly thermal discharge penalties or a system outage. Jacquelyn Coating was able to address these concerns. Elgin’s certified fabricators built the pipe and applied Jacquelyn Coating to the inside of the pipe array. This application led to a significant reduction in capital cost over the use of exotic material for the piping. At a small hydroelectric plant in Montana, biofouling threatened the system. To protect the system, the owner retrofitted the existing structure with an array of flat panels coated with Jacquelyn Coating. Elgin provided a solution that simply worked.

Elgin Warranties Its Coatings

Elgin gives a five-year warranty on the coating. If there is a 10 percent or greater interruption of water flow due to zebra or quagga mussel infestation during the five-year time period, Elgin will retain a diver for the remainder of the warranty period to clean up the mussels or retain a diver to remove the screen and recoat it and reinstall it. Mr. Masty is proud to say, “We have great faith in our product, and we stand behind it. Since 1999, we have not had to send divers out.” For additional information about Elgin's Jacquelyn coating, you can contact Tim Masty at (770) 414-1861 or tim.masty@elginindustries.com.

Municipal Water Leader

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How Metropolitan Water District Used Donuts, Soccer, and Pandora to Cut Water Use By Rebecca Kimitch

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Unveiling of the Let's All Take a Turn ad over Los Angeles’ giant iconic rooftop donut at Randy’s Donuts. (Photo courtesy of Metropolitan)

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ast year, when Governor Jerry Brown ordered residents and businesses to cut their water use by 25 percent in the face of an unprecedented drought, success was far from guaranteed. Many wondered whether Californians would really respond with sufficient conservation. To ensure they would, the Metropolitan Water District of Southern California made history. The agency boosted its investment in conservation from $20 million to nearly half a billion dollars—the largest investment of this type in the United States ever. Much of it went to Metropolitan’s highly publicized turf removal program and other rebates for water-saving devices. But those programs alone could not slash Southern California’s water demand to the extent the governor required. Metropolitan needed to find a broader way to reach the region’s 19 million residents. The key was to capitalize on the public’s awareness of the drought and the media’s interest in the turf-removal program. So in July 2015, Metropolitan launched its Let’s All Take a Turn advertising and outreach campaign. Using a variety of images of colorful faucet handles and knobs, the message was clear: During this ongoing drought, every drop counts and everyone must do their part to cut water use. The $5.5-million campaign featured television, radio, digital, and outdoor advertising in five languages—Spanish, Chinese, Korean, Vietnamese, and English—

Municipal Water Leader


and reached diverse audiences through social media, including Facebook, Twitter, and Instagram. Metropolitan staff also found nontraditional ways to reach the public. It set up water-lover playlists on Pandora and the Spanish-language streaming station Uforia, featuring water-themed songs that lasted less Bus shelter ad in Vietnamese. (Photo than five minutes—the courtesy of Metropolitan) perfect length of time for a water-saving shower. Metropolitan also held several high-profile outreach events, including one in which the giant iconic donut sign on the roof of Randy’s Donuts in Inglewood was covered with the Let’s All Take a Turn campaign’s centerpiece red knob. That event, along with the campaign as a whole, generated significant media interest, which took Metropolitan’s conservation message to an even broader audience. The Let’s All Take a Turn campaign got results. More than half of all Southern Californians were aware of the campaign, and the vast majority liked it. The television, radio, digital, and outdoor advertisements had 1 billion views. Metropolitan’s Facebook posts had 30 million views. And traffic to Metropolitan’s conservation website, bewaterwise.com, increased by 380 percent, as measured by page views.

Most importantly, Southern California’s water use dropped by more than 25 percent. Thanks to that conservation, as well as some welcome precipitation in Northern California last winter, state water officials decided to end Governor Brown’s conservation mandate earlier this year. But their decision did not end the challenge facing Metropolitan and other water agencies. With the drought lingering, pumping restrictions limiting imported water deliveries from Northern California, and climate change threatening long-term water reliability on several fronts, Metropolitan’s need for conservation remains as strong as ever. But now that call for conservation is not a mandated response to the drought; it is a broader effort to encourage permanent reductions in water use. Figuring out how to transition from pushing emergency conservation to promoting conservation as a way of life was challenging. “It was a challenge. But it was also an opportunity,” said Sue Sims, Metropolitan’s manager of external affairs. “We had the public’s attention. Residents and businesses heard the conservation call last year and responded. We just needed to help them understand the value of making those cuts to their water use permanent.” To do so, Metropolitan launched a new campaign this summer, H2Love, with the tagline, “Love Water, Save Water.” “When we think about conservation as a way of life, it becomes very personal. We want to encourage residents to make that personal connection to water as a valued resource and to show their love for water by conserving it,” Sims said. The H2Love campaign is not just about emotion. H2Love photo on StubHub stadium scoreboard. (Photo courtesy of Metropolitan)

Municipal Water Leader

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Every element refers audiences to Metropolitan’s water-saving website, bewaterwise.com. There, visitors can find a wealth of practical information on how to make permanent watersaving changes, including classes on water-wise gardening and rebates for water-saving irrigation systems and appliances. The website is now available in English, Spanish, and Chinese. With a smaller $2.2 million budget, the H2Love campaign moved away from television and billboard ads. Instead, it targeted diverse audiences by running ads in 53 community newspapers, many in Spanish, Vietnamese, Chinese, Korean, and Tagalog. Metropolitan Sue Sims manning the LA Galaxy booth. (Photo courtesy of Metropolitan) has also encouraged the community newspapers to publish small articles written by Metropolitan staff that provide the public with Metropolitan’s six-county service area. additional information on why and how to conserve. But perhaps the most creative platform in the H2Love Similarly, instead of running full-length radio ads, campaign was Metropolitan’s partnership with Major the 2016 campaign has featured five-second radio sound League Soccer’s LA Galaxy. As part of the partnership, drops that give quick reminders to conserve. Hundreds Galaxy goalie Brian Rowe starred in a conservation public of the spots have aired on 18 radio stations throughout service announcement that was shown during home games and on social media. Metropolitan and the Galaxy also distributed H2Love conservation materials to the public during games and other Galaxy-sponsored events. And the partnership reached far beyond the StubHub Center, where the Galaxy plays. The games created opportunities to reach a much broader audience on social media, through Facebook Live broadcasts, Snapchat geofilters, and the H2Love hashtag. “We wanted to find cost-effective and creative ways to get our message to the public, particularly people who may not encounter advertising on traditional platforms. The Galaxy and social media provided just that opportunity,” Ms. Sims said. “And just like the rest of our campaign, we were met with great enthusiasm.” “We’ve found Southern Californians want to conserve. They understand the need. They just need the tools to do so, and a little encouragement,” she continued. “That’s good news, because as the need for conservation continues, so will our push.”

Snapchat filter available during the game. (Photo courtesy of Metropolitan) 36

Rebecca Kimitch is a principal public affairs representative at Metropolitan Water District of Southern California. She can be reached at (213) 217‑6450 or rkimitch@mwdh2o.com. Municipal Water Leader


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2016 CALENDAR September 23–24

Water Quality Association of Wisconsin, Annual Convention, Wisconsin Dells, WI

September 24–28

Water Environment Federation (WEFTEC), 89th Technical Exhibition and Conference, New Orleans, LA

October 12–14

Texas Water Conservation Association, Fall Meeting, San Antonio, TX

October 16–19

2016, Association of Metropolitan Water Agencies, 2016 Executive Management Conference, Scottsdale, AZ

October 26–28

WESTCAS, Fall Conference, Phoenix, AZ

November 3

Columbia Basin Development League, Annual Conference, Moses Lake, WA

November 3–4

Idaho Water Users Association, Water Law Seminar, Boise, ID

November 14–16

National Water Resources Association, 85th Annual Convention, San Diego, CA

November 20–22

Nebraska Water Resources Association & Nebraska State Irrigation Association, Joint Convention, Kearney, NE

November 29–December 2 Association of California Water Agencies, 2016 Fall Conference & Exhibition, Anaheim, CA December 14–16

Colorado River Water Users Association, 2016 Annual Conference, Las Vegas, NV

___________________________________________________________________________ To include your event in the calendar, e-mail Municipal.Water.Leader@waterstrategies.com.


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