Water Transfer Facilitation Act of 2009

Mr. President, I rise today on behalf of myself and Senator Boxer to introduce the Water Transfer Facilitation Act of 2009.

The measure should reduce unnecessary delays in water transfers at a time when Central Valley farmers have been hard hit by a 3-year drought. It would allow new water transfers of roughly 250,000 to 300,000 acre-feet of water per year, depending on the rainfall that year.

Here is how the bill would work: it would grant new authority to the Bureau of Reclamation to approve water transfers between sellers and buyers in the San Joaquin Valley. The measure also would streamline environmental reviews for Central Valley water transfers by ensuring that they occur on a programmatic basis, instead of project-by-project basis as is current practice.

Here is why we need this bill: this past water year, South of Delta agriculture users received 10 percent of their contractual allocation from the Central Valley Project. At the same time others in the San Joaquin Valley, such as the Friant Division and the exchange contractors, had a surplus of water and were willing to sell some of their water to Westlands Water District, where fields have been fallowed and communities have close to 40 percent unemployment--yet there were serious obstacles to making those transfers happen.

That is why I am introducing this bill. It will address those obstacles.

Specifically, the bill will do three things to ease the drought crisis:

First, it would authorize transfers within San Joaquin Valley between Divisions of the Central Valley Project and among contractors within a Division by removing two of the biggest obstacles to these transfers.

Water users tell me that the Bureau of Reclamation has not allowed transfers of water if the water could have been used for irrigation or stored, or if the total amount of water transferred was more than what had been received on average the 3 years prior to 1992. These two conditions previously prevented a whole host of potential transfers of water.

Neither of these restrictions is necessary for environmental reasons, and removal of these two obstacles alone could make up to 100,000 or 150,000 acre-feet of water available for transfer to the communities most in need, according to the Bureau of Reclamation.

So, this bill would explicitly grant the Bureau the authority to approve these types of East-West transfers, as long as they qualify under environmental regulations.

Second, the bill directs the Department of the Interior to facilitate transfers from the Sacramento Valley to the San Joaquin Valley by doing programmatic consideration of all the environmental concerns, rather than requiring individual review on each transfer as is current practice.

Water users and the Bureau of Reclamation estimate that this step could facilitate up to 150,000 or 200,000 acre-feet of transfers each year.

Third, the bill also requires the Bureau of Reclamation to prepare a report and recommendations on how to facilitate transfers more efficiently and expeditiously, including transfers in all directions and between the state and federal projects.

The bill is supported by a great number of water users across the Central Valley, including: Friant Water Users Authority; San Joaquin River Exchange Contractors Authority; Delta-Mendota Canal Authority; Westlands Water District; Metropolitan Water District; Glen Colusa Irrigation District; Northern California Water Association; Banta- Carbona Irrigation District; Tehama-Colusa Canal Authority; Association of California Water Agencies; Placer County Water Agency; Conaway Preservation Group; Reclamation District 2035; and San Luis Water District.

Companion legislation is also being introduced today by Representatives Costa and Cardoza in the House of Representatives.

There is no question that the drought and federal pumping restrictions have had huge impacts on Central Valley Agriculture.

Nearly 500,000 acres of fields have been fallowed. Fields of fruit and nut trees have been stumped and uprooted. Some farmers simply chose to forego planting their row crops at all.

The agricultural industry estimates that about $700 million in revenues have been lost.

About 21,000 agriculture jobs have been lost, nearly all in San Joaquin Valley.

For example, Mendota unemployment is currently 37.4 percent.

Workers who once tended America's ``bread basket'' are now standing in bread lines.

The impacts are not limited to agriculture:

Urban areas like Los Angeles are imposing rate hikes for non- conserving households, limiting lawn irrigation, and other conservation measures.

Municipal industrial users south of Delta are restricted to 60 percent of their contractual allocation.

The truth is that this crisis has been building for some time--and there are several causes to blame.

California's population is close to 40 million, but its water infrastructure hasn't been updated in three decades.

Due to groundwater pumping, the Central Valley lost 60 million acre- feet of groundwater since 1962.

This year, Federal agencies imposed pumping restrictions to protect endangered species--yet there is some misconception about the scope of these restrictions.

In 2009, roughly 25 percent of delivery shortages for farms and water users due to pumping restrictions, about 500,000 acre-feet.

The other 75 percent of the restrictions were due to lack of run-off, about 1.6 million acre-feet.

So, the drought is largely to blame for California's water shortages.

Invasive and non-native species are also a threat. The non-native striped bass, although a popular sport fish, are top predators on native fish like the smelt.

Pollution remains a problem, despite water quality standards. Ammonia discharge may be a problem from wastewater treatment discharge, and toxic insecticides accumulate and contribute to the deterioration of the ecosystem.

So, California's water crisis is a complicated issue that cannot be simply solved by saying ``Turn on the Pumps.''

It is clear that we need solutions for the Delta, both long-term and short-term.

I am working with my colleagues on both.

The bill we are introducing today will provide more flexibility in the system, allowing water to flow more freely around the Central Valley. Just this past water year, 600,000 acre feet were transferred around the Central Valley, and this bill will allow even more water to flow.

But transfers alone cannot provide the entire solution--they are costly, and they are still constrained by the pumping restrictions.

So this legislation is just one of several steps we are taking to provide timely relief to farmers in the San Joaquin Valley.

In the Energy and Water Appropriations bill, there is $10 million for the construction of short term projects that could provide more water supply or flexibility, including Two Gates and the Intertie.

We also provided funding for the science that will be relied on by the Bay Delta Conservation Plan--our best long-term option to restore the Delta and improve water supply.

We also included funding for water recycling projects, and are working to authorize more projects to help communities develop local water supplies based on groundwater and desalination.

Finally, there is $750,000 for the National Academy of Sciences review of the two biological opinions that currently govern water flows in the Central Valley. The independent scientific study, announced by Secretaries Salazar and Locke last week, should be completed within six months.

The National Academy study will assess whether there are other ways to provide the same protections for endangered species, while supplying more water to the drought-stricken Central Valley. And it will put to rest any lingering questions about whether pumping restrictions in the Delta are based on the best available science.

It is a critical step to moving forward with any near-term and long- term solutions for the Delta.

This bill we are introducing today is but one of several steps we are taking to address the water crisis in California.

We look forward to an early hearing on this bill, and working with others towards its passage and implementation. I thank Senator Bingaman for his commitment to hold an early hearing on the bill.

Mr. President, I ask that the text of the bill and the letters of support be printed in the Record.

Mr. President, I rise today on behalf of myself and Senator Boxer to introduce the Water Transfer Facilitation Act of 2009.

The measure should reduce unnecessary delays in water transfers at a time when Central Valley farmers have been hard hit by a 3-year drought. It would allow new water transfers of roughly 250,000 to 300,000 acre-feet of water per year, depending on the rainfall that year.

Here is how the bill would work: it would grant new authority to the Bureau of Reclamation to approve water transfers between sellers and buyers in the San Joaquin Valley. The measure also would streamline environmental reviews for Central Valley water transfers by ensuring that they occur on a programmatic basis, instead of project-by-project basis as is current practice.

Here is why we need this bill: this past water year, South of Delta agriculture users received 10 percent of their contractual allocation from the Central Valley Project. At the same time others in the San Joaquin Valley, such as the Friant Division and the exchange contractors, had a surplus of water and were willing to sell some of their water to Westlands Water District, where fields have been fallowed and communities have close to 40 percent unemployment--yet there were serious obstacles to making those transfers happen.

That is why I am introducing this bill. It will address those obstacles.

Specifically, the bill will do three things to ease the drought crisis:

First, it would authorize transfers within San Joaquin Valley between Divisions of the Central Valley Project and among contractors within a Division by removing two of the biggest obstacles to these transfers.

Water users tell me that the Bureau of Reclamation has not allowed transfers of water if the water could have been used for irrigation or stored, or if the total amount of water transferred was more than what had been received on average the 3 years prior to 1992. These two conditions previously prevented a whole host of potential transfers of water.

Neither of these restrictions is necessary for environmental reasons, and removal of these two obstacles alone could make up to 100,000 or 150,000 acre-feet of water available for transfer to the communities most in need, according to the Bureau of Reclamation.

So, this bill would explicitly grant the Bureau the authority to approve these types of East-West transfers, as long as they qualify under environmental regulations.

Second, the bill directs the Department of the Interior to facilitate transfers from the Sacramento Valley to the San Joaquin Valley by doing programmatic consideration of all the environmental concerns, rather than requiring individual review on each transfer as is current practice.

Water users and the Bureau of Reclamation estimate that this step could facilitate up to 150,000 or 200,000 acre-feet of transfers each year.

Third, the bill also requires the Bureau of Reclamation to prepare a report and recommendations on how to facilitate transfers more efficiently and expeditiously, including transfers in all directions and between the state and federal projects.

The bill is supported by a great number of water users across the Central Valley, including: Friant Water Users Authority; San Joaquin River Exchange Contractors Authority; Delta-Mendota Canal Authority; Westlands Water District; Metropolitan Water District; Glen Colusa Irrigation District; Northern California Water Association; Banta- Carbona Irrigation District; Tehama-Colusa Canal Authority; Association of California Water Agencies; Placer County Water Agency; Conaway Preservation Group; Reclamation District 2035; and San Luis Water District.

Companion legislation is also being introduced today by Representatives Costa and Cardoza in the House of Representatives.

There is no question that the drought and federal pumping restrictions have had huge impacts on Central Valley Agriculture.

Nearly 500,000 acres of fields have been fallowed. Fields of fruit and nut trees have been stumped and uprooted. Some farmers simply chose to forego planting their row crops at all.

The agricultural industry estimates that about $700 million in revenues have been lost.

About 21,000 agriculture jobs have been lost, nearly all in San Joaquin Valley.

For example, Mendota unemployment is currently 37.4 percent.

Workers who once tended America's ``bread basket'' are now standing in bread lines.

The impacts are not limited to agriculture:

Urban areas like Los Angeles are imposing rate hikes for non- conserving households, limiting lawn irrigation, and other conservation measures.

Municipal industrial users south of Delta are restricted to 60 percent of their contractual allocation.

The truth is that this crisis has been building for some time--and there are several causes to blame.

California's population is close to 40 million, but its water infrastructure hasn't been updated in three decades.

Due to groundwater pumping, the Central Valley lost 60 million acre- feet of groundwater since 1962.

This year, Federal agencies imposed pumping restrictions to protect endangered species--yet there is some misconception about the scope of these restrictions.

In 2009, roughly 25 percent of delivery shortages for farms and water users due to pumping restrictions, about 500,000 acre-feet.

The other 75 percent of the restrictions were due to lack of run-off, about 1.6 million acre-feet.

So, the drought is largely to blame for California's water shortages.

Invasive and non-native species are also a threat. The non-native striped bass, although a popular sport fish, are top predators on native fish like the smelt.

Pollution remains a problem, despite water quality standards. Ammonia discharge may be a problem from wastewater treatment discharge, and toxic insecticides accumulate and contribute to the deterioration of the ecosystem.

So, California's water crisis is a complicated issue that cannot be simply solved by saying ``Turn on the Pumps.''

It is clear that we need solutions for the Delta, both long-term and short-term.

I am working with my colleagues on both.

The bill we are introducing today will provide more flexibility in the system, allowing water to flow more freely around the Central Valley. Just this past water year, 600,000 acre feet were transferred around the Central Valley, and this bill will allow even more water to flow.

But transfers alone cannot provide the entire solution--they are costly, and they are still constrained by the pumping restrictions.

So this legislation is just one of several steps we are taking to provide timely relief to farmers in the San Joaquin Valley.

In the Energy and Water Appropriations bill, there is $10 million for the construction of short term projects that could provide more water supply or flexibility, including Two Gates and the Intertie.

We also provided funding for the science that will be relied on by the Bay Delta Conservation Plan--our best long-term option to restore the Delta and improve water supply.

We also included funding for water recycling projects, and are working to authorize more projects to help communities develop local water supplies based on groundwater and desalination.

Finally, there is $750,000 for the National Academy of Sciences review of the two biological opinions that currently govern water flows in the Central Valley. The independent scientific study, announced by Secretaries Salazar and Locke last week, should be completed within six months.

The National Academy study will assess whether there are other ways to provide the same protections for endangered species, while supplying more water to the drought-stricken Central Valley. And it will put to rest any lingering questions about whether pumping restrictions in the Delta are based on the best available science.

It is a critical step to moving forward with any near-term and long- term solutions for the Delta.

This bill we are introducing today is but one of several steps we are taking to address the water crisis in California.

We look forward to an early hearing on this bill, and working with others towards its passage and implementation. I thank Senator Bingaman for his commitment to hold an early hearing on the bill.

Mr. President, I ask that the text of the bill and the letters of support be printed in the Record.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Tuesday, November 10, 2009, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of this hearing is to receive testimony on policy options for reducing greenhouse gas emissions.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510-6150, or by email to [email protected]

For further information, please contact Jonathan Black at (202) 224- 6722 or Gina Weinstock at (202) 224-5684.

Mr. President, the Subcommittee on National Parks had previously announced a hearing to be held on Wednesday, November 4, 2009, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC. In addition to the bills previously listed, the following bill will be included:

H.R. 1287, to authorize the Secretary of the Interior to enter into a partnership with the Porter County Convention, Recreation and Visitor Commission regarding the use of the Dorothy Buell Memorial Visitor Center as a visitor center for the Indiana Dunes National Lakeshore, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify

by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected] .gov.

For further information, please contact David Brooks at (202) 224- 9863 or Allison Seyferth at (202) 224-4905.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and Natural Resources. The hearing will be held on Thursday, November 5, 2009, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of the hearing is to receive testimony on the following bills: S. 1757, to provide for the prepayment of a repayment contract between the United States and the Uintah Water Conservancy District, and for other purposes; S. 1758, to provide for the allocation of costs to project power with respect to power development within the Diamond Fork System, and for other purposes; and S. 1759, to authorize certain transfers of water in the Central Valley Project, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected] .gov.

For further information, please contact Tanya Trujillo at (202) 224- 5479 or Gina Weinstock at (202) 224-5684.

Mr. President, I rise to discuss the Water Transfer Facilitation Act of 2009. Senator Feinstein and I have introduced this legislation to facilitate voluntary water transfers within the San Joaquin Valley.

Three years of below-average precipitation have restricted water supplies for much of California. Drought conditions have particularly affected agricultural communities in the San Joaquin Valley.

As a result of these water shortages, more than 500,000 acres of cropland have been fallowed in the San Joaquin Valley, and some cities on the west side of the Valley are facing nearly 40 percent unemployment.

Senator Feinstein and I have worked with Representatives Cardoza and Costa to identify measures to address these water shortages. We included a measure in the Energy and Water appropriations bill allowing voluntary

water transfers between water users on the east and west side of the San Joaquin Valley.

The final provision included in the conference report will allow these transfers for a two-year trial period. We are now seeking to extend this provision permanently and to enable more water users to participate in these transfers.

In addition, our legislation directs the Department of the Interior to use a programmatic approach to environmental review for certain types of water transfers, helping to expedite them.

Finally, it requires the Department of the Interior to prepare a report and recommendations on how to facilitate water transfers throughout California, including between the State and Federal water projects.

These water transfers are an important tool for improving flexibility in managing water supplies, providing a mechanism for getting water to those communities who need it most. Preliminary estimates suggest that this legislation may enable the transfer of as much as 250,000 to 300,000 acre-feet of water per year to communities in need. This will provide a crucial resource to agricultural communities in California that lost 90 percent of their expected water allocations this year.

I look forward to working with my colleagues in the Senate and in the California delegation to advance this important legislation.

Mr. President, I rise to discuss the Water Transfer Facilitation Act of 2009. Senator Feinstein and I have introduced this legislation to facilitate voluntary water transfers within the San Joaquin Valley.

Three years of below-average precipitation have restricted water supplies for much of California. Drought conditions have particularly affected agricultural communities in the San Joaquin Valley.

As a result of these water shortages, more than 500,000 acres of cropland have been fallowed in the San Joaquin Valley, and some cities on the west side of the Valley are facing nearly 40 percent unemployment.

Senator Feinstein and I have worked with Representatives Cardoza and Costa to identify measures to address these water shortages. We included a measure in the Energy and Water appropriations bill allowing voluntary

water transfers between water users on the east and west side of the San Joaquin Valley.

The final provision included in the conference report will allow these transfers for a two-year trial period. We are now seeking to extend this provision permanently and to enable more water users to participate in these transfers.

In addition, our legislation directs the Department of the Interior to use a programmatic approach to environmental review for certain types of water transfers, helping to expedite them.

Finally, it requires the Department of the Interior to prepare a report and recommendations on how to facilitate water transfers throughout California, including between the State and Federal water projects.

These water transfers are an important tool for improving flexibility in managing water supplies, providing a mechanism for getting water to those communities who need it most. Preliminary estimates suggest that this legislation may enable the transfer of as much as 250,000 to 300,000 acre-feet of water per year to communities in need. This will provide a crucial resource to agricultural communities in California that lost 90 percent of their expected water allocations this year.

I look forward to working with my colleagues in the Senate and in the California delegation to advance this important legislation.