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24 Nov . 24 - Dec . 8 , 2017 VOL . 36 • ISS . 25
Conference Committee Rejects Westlands Drainage Settlement Rider
In a victory for salmon and the Delta , a Conference Committee rejected Congressman Kevin McCarthy ’ s attempt to add H . R . 1769 , Representative David Valadao ’ s rider approving the Westlands Water District settlement on toxic irrigation drainage , to the NDAA ( National Defense Authorization Act ).
A Conference Committee is a temporary , ad hoc panel composed of House and Senate conferees that is formed for the purpose of reconciling differences in legislation that has passed both chambers . Conference committees are usually convened to resolve bicameral differences on major and controversial legislation , as in the case of this bill .
The San Luis Drainage Resolution Act rider was not included the final bill , thanks to political pressure on Senate and House Democrats by the Hoopa Valley Tribe , fishing groups and environmental organizations .
However , Westlands and San Joaquin Valley Representatives said they intend to keep adding the rider to legislation in the weeks ahead until they have passed the bill , according to Restore the Delta . Westlands officials intend to pass the controversial legislation before the court-mandated deadline of Jan . 15 , 2018 .
“ We are looking for any vehicle possible to get the drainage settlement enacted this year ,” Deputy General Manager Johnny Amaral told E & E News .
“ We ’ re looking at different legislative vehicles to move the settlement agreement forward ,” Rep . Jim Costa ( D-Calif .), a supporter of the deal , told E & E News . “ This may not happen in the next week or two , but I am hopeful we can find some vehicle .”
The settlement resulted from a $ 1 billion lawsuit filed by attorney David Bernhardt and others with the federal U . S . Court of Federal Claims in 2012 during the Obama administration . Bernhardt was appointed by President Donald Trump as Deputy Secretary of Interior earlier this year – and fishing and environmental groups and Tribes opposed his confirmation because of his major conflicts of interest .
The bill would facilitate a controversial litigation settlement agreement between the U . S . Bureau of Reclamation and Westlands Water District . It would allow the federal government to walk away from its responsibility to drain agricultural lands in California ’ s Central Valley of toxic salts and selenium without any safeguards that ensure drain water would be managed safely , according to Restore the Delta .
On November 3 , the Soluri Meserve Law Corporation sent a letter on behalf of Restore the Delta and Local Agencies of the North Delta ( LAND ) to Senator John McCain , expressing opposition to H . R . 1769 , the San Luis Drainage Resolution Act .
Restore the Delta and LAND assert that H . R . 1769 is a “ massive giveaway of taxpayer money , undermines California ’ s effort to responsibly manage its scarce water resources , could imperil sensitive fish and wildlife , and threatens water quality in a major California river .”
In addition , Restore the Delta and LAND warned Senator McCain that H . R . 1769 “ includes a litany of gifts for Westlands , with no commensurate benefit for the public . Instead , the bill promises fiscal irresponsibility and peril for fish , waterfowl , and the California environment in general .”
The Hoopa Valley Tribe also said it strongly opposes the San Luis Drainage Resolution Act . Ryan Jackson , Tribal Chairman , said he was alarmed to learn on November November 1 that “ a clandestine effort is underway to include it in the National Defense Authorization Act ( NDAA ).”
“ We urge you to reject its inclusion in the NDAA . We assume that the purported nexus of H . R . 1769 to the NDAA is section 6 ( c ) of the bill which provides for a water service contract for the Leemore Naval Air Station , so there is nothing about H . R . 1769 proceeding through the regular order that will impair national defense ,” he said .
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“ To advance H . R . 1769 outside regular order in the House ( the bill has not been introduced in the Senate ) is particularly egregious . H . R . 1769 is not a germane to the Armed Services Committee ; upon introduction , it was referred only to the Natural Resources Committee . Moreover , CBO reported that H . R . 1769 has PayGo impacts of $ 309 million over the 2017-2027 period ,” he said .
In addition to its adverse fiscal impacts , Chairman Jackson said this bill represents a “ grave risk to the integrity of the Hoopa Valley Tribe ’ s rights and interests under existing federal reclamation law and the federal trust responsibility to the Hupa people .”
“ In its present form , H . R . 1769 puts at risk property rights to water established by federal reclamation and state water laws more than a half-century ago for the Hoopa Valley Tribe and California ’ s economically depressed North Coast communities . The Hoopa Valley of the Trinity River has been the home of the Hupa people and the center of our culture and religion since time immemorial ,” he explained .
“ In its current form , H . R . 1769 leaves unresolved excessive diversion of Trinity water to the Central Valley by the Bureau of Reclamation , in violation of congressional limits established in the 1950 ’ s . Those limits are intended to ensure that water needed by the Trinity Basin communities and Indian reservations would not be taken from the Trinity River Basin to the Central Valley .
He added that Department of Interior officials “ have knowingly and willfully disregarded the rights of the Hoopa Valley Tribe and California ’ s North Coast communities in negotiating the San Luis Unit settlement .”
“ We request that Congress disapprove H . R . 1769 in its present form and instead be guided by Supreme Court Justice Hugo Black ’ s admonition the ‘ great nations , like great men , should keep their word ,’” Jackson concluded .
Action Alert : Please call your Senators and House Representatives and notify them of this problematic process .
Let them that know that by trying to cram through the drainage settlement into any and every bill in Congress , Westlands Water District is misusing Congress and the legislative process for their own gain . In addition , remind them that approving the Westlands settlement deal is “ essentially a bailout of the largest irrigators in California at taxpayer expense ,” according to RTD .
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* Senator Dianne Feinstein - ( 202 ) 224-3841 , ( 310 ) 914-7300 , ( 415 ) 393-0707 ,
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The introduction of the bill comes in the wake of six House Democrats ’ request that the GAO , the federal watchdog agency that conducts investigations and audits on behalf of Congress , issue a legal opinion about a Bureau of Reclamation ’ s funding scheme . The penalty for this type of misuse of public money can include removal from office .
Led by Reps . Jared Huffman ( D-CA ) and Raul Grijalva ( D-AZ ), the Natural Resources Committee ’ s Ranking Member , the Representatives called on the Government Accountability Office ( GAO ) to open a new investigation into the misuse of taxpayer funds by the Interior Department ’ s Bureau of Reclamation .
This would follow last month ’ s revelations that tens of millions of dollars were secretly spent by the federal agency to subsidize private interests and help develop plans for Governor Jerry Brown ’ s massive Delta Tunnels project .
In its September audit , the Interior Department ’ s Inspector General found that the Bureau of Reclamation improperly subsidized the planning process for the California WaterFix project . The audit identified at least $ 84 million in taypayer funds spent without disclosure to Congress as required by law , and kept hidden from other water users , stakeholders , and the public .
“ According to the Inspector General , at least $ 50 million of this total should have been paid by the local water agencies that sought to benefit from the massive infrastructure project , such as the powerful Westlands Water District . Instead , those costs were secretly reassigned by the Bureau of Reclamation so that taxpayers would pay most of the water districts ’ share ,” according to the Representatives in a joint statement .
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