Mr. Speaker, I thank the gentlewoman. Some of our colleagues from other States may be experiencing a sense of deja vu right now. Yes, this is the second time this year that the House has voted on a California water bill that would harm…
Mr. Speaker, I thank the gentlewoman.
Some of our colleagues from other States may be experiencing a sense of deja vu right now. Yes, this is the second time this year that the House has voted on a California water bill that would harm northern California fisheries, tribes, and communities; that would undermine State law; that would deprive water managers of the flexibility they need; and it would micromanage the complex water system of California.
To make sure we are all dealing with the same facts, I want to remind my colleagues that the State and Federal water export pumps in the delta right now are operating at more than 5,000 cubic feet per second.
The only reason they are not pumping even faster is not to protect fish and wildlife, not because of the Endangered Species Act, none of the other bogeymen that we hear as a justification for this bill. No, the reason those pumps are not going even faster is because of standards set by the State of California to protect water quality from municipal and industrial and agricultural and other uses in the system.
So the only way that this bill could deliver more water today--well, there is no way it could deliver more water today--and the only way it could deliver more water in other times of the year is by taking it away from other water users and other beneficial uses in our State.
With that inconvenient fact out of the way, let's talk about the process that brought us here today. H.R. 5781 has never been reviewed by the authorizing committee, let alone marked up in open session. Nor have we received the input of State or Federal agencies that have the responsibility over clean water and fisheries management. Nor have we received the input of affected local water agencies, of commercial and recreational fishing interests, of tribes--including ones that I represent--or other communities that will surely be impacted negatively if this were to become law.
The proponents of this bill say that it is the result of bipartisan collaboration. Really? Those of us who represent northern California's fishing industries, tribes, farmers, and communities have been systematically kept out of the room and even kept out of the conversation.
Last month, we learned that members of our State's Republican delegation refused to even brief Senator Barbara Boxer if northern California Democrats like me were even in the room.
This is no way to negotiate something this important. It is a terrible precedent for other States as well, and that is why I am glad that Senator Boxer has been so clear in stating her opposition to it, that it would ignite water wars in California, not solve problems, and I am glad that over the weekend we received a veto recommendation from the Obama administration.
Now, on Saturday, the Pacific Fishery Management Council sent me a letter about the bill. I asked them how they felt it would affect western fisheries in this country. Here is what they said:
H.R. 5781 would override Endangered Species Act protections
for salmon, steelhead, and other species in the Bay Delta in
order to allow increased pumping from the delta in excess of
scientifically justified levels.
In 2008 and 2009, $158 million in congressional aid was
provided to deal with the disaster of the closure of ocean
salmon fisheries off California and Oregon south of Cape
Falcon due to a collapse of the Sacramento River salmon
stocks. These fisheries are an important source of jobs for
coastal communities, which cannot be replaced simply through
disaster relief. Without adjustments to this bill, we fear
such a disaster could be repeated in the reasonably near
future.
Mr. Speaker, I will include this letter in the Record at this time.
Pacific Fishery
Management Council,
Portland, OR, December 6, 2014.
Hon. Jared Huffman,
House of Representatives,
Washington, DC.
Dear Mr. Huffman: Thank you for your letter of November 17
and follow-up on December 3 requesting Pacific Fishery
Management Council (Pacific Council) comment on legislation
related to operation of the State Water Project and Central
Valley Project in California (HR 5781) and its potential
impacts to fisheries. Although the timing of the bill did not
allow for full Council deliberation, we present the following
concerns, which are consistent with previous comments the
Council has made on similar legislation. Absent changes in
the legislation to address these concerns, the Pacific
Council does not support HR 5781 moving forward.
HR 5781 would override Endangered Species Act protections
for salmon, steelhead, and other species in the Bay-Delta in
order to allow increased pumping from the Delta in excess of
scientifically justified levels. These measures also protect
salmon stocks not currently listed under the ESA, which are a
primary source of healthy sport and commercial fisheries from
Central California to Northern Oregon. The bill introduces a
new standard for implementing the Endangered Species Act
concerning Central Valley salmon and Delta smelt, a keystone
species in the Bay-Delta ecosystem. (See Sec 101(3), and
102(b)(2)(a).) It is unclear how severe the negative effects
of this new standard might be, but it would certainly impact
current water management policy that protects ESA listed
salmon stocks from further decline and helps prevent
currently healthy stocks from becoming listed under the ESA.
The bill contains several provisions that override the
salmon and Delta smelt biological opinions (for example
Section 103(d)(2), Section 103(c), and others). Section 103
could result in dramatically higher pumping than is
authorized under the biological opinions, and would cause
significant harm to migrating salmon and steelhead and other
native species. The 1:1 inflow to export ratio for the San
Joaquin at Vernalis overrides the `reasonable and prudent
alternatives' to standard operations that were set out in the
2009 Central Valley biological opinion in order to protect
Sacramento River winter-run Chinook and other salmonid
species. Further degradation of salmon habitat is contrary to
the provisions of the Magnuson Stevens Act
(Sec. 305(b)(1)(D)) and something the Pacific Council
strongly opposes.
Section 103(f)(2) provides exemptions for mitigation of
negative effects on listed fish species, which alleviates the
project from compensating fisheries for negative effects of
its operations; it is unclear if there is an exemption for
mitigation of negative effect on non-listed salmon stocks.
Exempting mitigation responsibility for harm to salmon
populations provides the exact opposite incentive to the kind
of salmon protection and enhancement advocated by the
Council, and essentially amounts to redistributing the value
of salmon fisheries to agricultural or municipal interests,
as well as increasing the risk to ESA listed fish stocks
threatened with extinction. Additionally, the Pacific Council
is concerned about whether Central Valley projects are
achieving their current mitigation responsibility, and
providing these exemptions could preclude seeking remedy. If
this bill moves forward, it should provide direct mitigation
for the proposed actions and risks to which it would subject
fish populations and fishing communities, not avoiding this
appropriate responsibility.
In 2008 and 2009 $158 million in Congressional aid was
provided to deal with the disaster of the closure of ocean
salmon fisheries off California and Oregon south of Cape
Falcon due to a collapse of the Sacramento River salmon
stocks. These fisheries are an important source of jobs for
coastal communities, which cannot be replaced simply through
disaster relief. Without adjustments to this bill, we fear
such a disaster could be repeated in the reasonably near
future.
Thank you again for the opportunity to comment on this
legislation; please don't hesitate to contact me or Ms.
Jennifer Gilden of the Pacific Council office if you have any
further questions.
Sincerely,
D.O. McIsaac, Ph.D.,
Executive Director.
In addition, California's recreational and commercial fishing interests sent a letter on Friday with their concerns that this legislation would ``harm, potentially disastrously, the communities, families, and thousands of fishing jobs in California and Oregon that depend on the health of the Bay Delta and its salmon runs.''
Mr. Speaker, I will include their letter in the Record at this time as well.
Opposition to H.R. 5781
December 5, 2014.
Dear Representative: On behalf of the undersigned
organizations, we write to urge you to oppose H.R. 5781
(Valadao, R-CA), a bill that would dramatically weaken
protections for salmon and other fish and wildlife in
California's Bay-Delta estuary and its tributaries. This
legislation would harm, potentially disastrously, the
communities, families and thousands of fishing jobs in
California and Oregon that depend on the health of the Bay-
Delta and its salmon runs.
H.R. 5781 would undermine existing legal protections for
salmon, endangered species, and other species in the Bay-
Delta ecosystem, in order to pump more water out of the most
important salmon producing system south of the Columbia
River. For example, the bill would rewrite and override
protections required under the Endangered Species Act and
replace the best available science with political micro-
management. Those ESA protections also benefit fall run
Chinook salmon, the backbone of the salmon fishery. This
legislation would also undermine existing federal law, which
establishes fish and wildlife protection and salmon
restoration as a co-equal goal of the Central Valley Project.
It would attempt to redirect water dedicated by law to
restoring fisheries and ecosystem heath. By requiring a
massive new groundwater development project, this legislation
has the potential to divert tens of millions of dollars away
from ecosystem restoration, including salmon restoration
projects. Such groundwater development would likely also
reduce surface waters needed by salmon.
This damaging legislation has never been subject to a
single committee hearing or input from the State, hunting
organizations, sport and commercial fishermen, tribes, and
conservation groups. Frankly put, this last-minute
legislation is a cynical water grab. It doesn't address the
cause of the drought, nor does it offer solutions. Instead,
it is simply an effort to legislate the destruction of the
environment and the salmon industry.
The very real water shortages experienced in parts of
California this year are a result of three dry years, not
environmental protections. Real solutions to the impacts of
the drought include agricultural and urban water use
efficiency, water recycling and other tools that can meet our
needs and that don't sacrifice our environment and fisheries.
This legislation addresses none of those solutions.
This legislation could not come at a more damaging time.
2015 represents the first year that drought affected salmon
year classes will return as spawning adults. We anticipate a
significant, perhaps dramatic, reduction in returning salmon
during 2015-2017. The coming three years will be a critical
time for the salmon industry. This is not a theoretical
concern. In 2008-2009, three years after record diversions
from the Bay-Delta, low salmon populations led to the
complete closure of the salmon fishery. This legislation
could help lead to a repeat of that disastrous closure. The
standards protecting salmon today are too low already.
Further rollbacks could have a devastating impact on salmon
runs that have already been harmed by drought.
Our salmon industry is valued at $1.4 billion in economic
activity annually. The industry employs tens of thousands of
people from Santa Barbara to northern Oregon, including in
California's Central Valley. This industry consists of
commercial fishermen, recreational fishermen, fish
processors, marinas, coastal communities, equipment
manufacturers, tackle shops, the hotel and food industry,
tribes, and the salmon fishing industry at large. All of
these economic sectors and individuals could be harmed by
damaging federal legislation. We all respectfully request
your leadership to protect our future.
For these reasons, we respectfully urge you to oppose H.R.
5781 and any other last-minute attempts to undercut the
existing balance of rights and protections among the users of
the California Bay-Delta watershed. California's drought
requires real solutions, not a return to the imbalanced
policies of the 1940s and 1950s.
Thank you for your consideration.
John McManus,
Golden Gate Salmon Association.
Zeke Grader,
Pacific Coast Federation of Fishermen's Associations.
Dick Pool,
Water4Fish.
Roger Thomas,
Golden Gate Fishermen's Association.
Mark Gorelnick,
Coastside Fishing Club.
Larry Collins,
San Francisco Crab Boat Association.
At the Rules Committee debate, I raised a series of important technical questions about flaws in this bill. Unfortunately, the House majority has decided that it cannot be amended through an open rule.
If we did have the benefit of a hearing or even just an opportunity to amend through an open rule, we may be able to address some of these, but so far, nobody has answered some of these key technical questions.
First, does the bill allow the State water board, basically, to do its job if we head into a fourth year of a critical drought, doing things like issuing curtailment orders and possibly rationing orders? These are tough calls that our State's water referee has to make. This bill does not appear to allow them the flexibility to do that.
Does the bill, which directs the Federal Government to ``provide the maximum quantity of water supplies possible'' next year, allow the Federal Government to do other things necessary to operate the system, like filling reservoirs, holding water for public health purposes, or-- when it might be needed--even for other water contractors?
Does the bill put additional pressure on the Trinity River, which I represent, and the tribes that have depended on it for their traditions and their subsistence on healthy salmon populations for millennia?
There are many other questions that are unanswered about this bill. It is not ready for prime time, it is not good policy, and I urge my colleagues to vote ``no.''