I thank the gentlewoman. One hardly knows where to start, when you take California water law and push it aside and preempt it with Federal water law, really running over the top of the State of California, and then you steal 800,000…
I thank the gentlewoman.
One hardly knows where to start, when you take California water law and push it aside and preempt it with Federal water law, really running over the top of the State of California, and then you steal 800,000 acre-feet and transfer it to your buddies--yes, you're going to come up with a lot of reasons why it makes sense. But the reality is quite different.
Let us understand very clearly here that 150 years of California water law is thrown out and a new Federal law is put in place that preempts California water law. The 1994 CALFED agreement was an interim agreement. It was never, ever intended to be a permanent statutory agreement on how water would be delivered in California.
In addition to that, let me understand--yes, I see your little chart over there that you're going to throw up. That was 1994, and it said precisely what we ought to do today. And that is: today, we ought to be working together to solve the problems of California water. And guess what, California is.
But with this law in place, it won't happen. The ability of California to work together to solve its problems are thrown out. What sense does that make unless you want to steal 800,000 acre feet of water and take an agreement that was forged over 20 years ago to solve a problem on the San Joaquin River that is not for year-round salmon flows but only for the spring salmon flows. Why would you want to do that, except you want to take somebody's water?
The water is the water of the fishermen as well as the water of the farmers.
By the way, facts are ugly little things. There are no 3,000 people that lost their jobs, no 60,000 people that lost their jobs. The University of California, Berkeley, the University of California, Davis, and the University of the Pacific all say that the losses were less than 7,000, which almost equaled the loss of the fisheries.
When we get to the end of this story, it is going to be a story of the rest of the Nation. If you happen to be a Western State, if you happen to be a Midwestern State that has a Federal water project from the Bureau of Reclamation, beware, because this is the first-ever attempt to throw aside 100 years of reclamation law in which deference is given to the States over the power of their water rights and their water laws.
Yes, you can say section 4 of this bill deals with that. No, it doesn't. It does not deal with the totality of California law. In fact, the bill destroys that totality.
Western States are opposed to this. The list has been given. Other States, watch out. This is a power grab. This is a water grab. This is an imposition of the Federal authority over the States, and specifically over California.
Yes, Mr. Chairman--excuse me, if I might, through the Chair--you said that there is 100 percent water. No water district except those that preceded the Federal project have 100 percent allocation. Every other water district has shortage provisions in those water contracts.
By the way, whatever power we may have, we don't have the power to overcome a natural drought, which is precisely what is happening in California today and happened during the period that this bill speaks to. It was a natural drought. Yes, there were restrictions placed on the pumps, restrictions that were necessary to protect an endangered species.
By the way, the judge that you cited took a job 45 days after he quit with the water contractor that is supporting this bill. Figure it out yourself. Figure out what is going on here. This is a theft of 800,000 acre feet of environmental water. This is an overturning of California water law, and we ought not do it.
Announcement by the Acting Chair
If you know California water, you know that we can get pretty wound up about it, and the solution for California water is not to be found in this particular piece of legislation. Facts are difficult things to deal with, but they are facts. There has been no manmade drought. There was a very real drought. In addition to that, there were restrictions on the pumping.
Let us understand that the principal advocates of this bill have the shortest straw. They came last in line, and therefore they're not first--they're last. Their contract provided for shortage provisions for a variety of reasons, among them droughts and environmental restrictions. So they should have planned for that. Apparently, they did not.
The losses to the agricultural community were significant to be sure, but at the same time, the agricultural community in the Central Valley prospered, having the best years to any previous year that occurred during this drought period. Certain farmers were shorted--no doubt about that--but they had a contract that called for those shortages.
Now let us understand that this bill has profound implications on every State, some 21 States that have contracts with the Bureau of Reclamation. This bill, should it pass and become law, is a signal to every State that you cannot count on State law allocating the water within your district. Instead, it will be Congress that will allocate the water within your State. That is a profound change: 100 years of reclamation law are pushed aside by this piece of legislation. For the State of California, it is a total preemption of State law--a total preemption of State law--and the State constitution is pushed aside.
There is within the California constitution a thing called the ``public trust.'' The legislature and the government of California hold in trust for the people of California the water of California, and this legislation pushes that aside and gives that water to a very special group.
Groups Opposed to H.R. 1837
Statement of Administration Policy
U.S. Department of the Interior
State of Colorado
State of Montana
State of New Mexico
State of Oregon
State of Wyoming
Western States Water Council \1\ ---------------------------------------------------------------------------
\1\ 18 member body, composed of governor-appointed
representatives from the 18 Western states. ---------------------------------------------------------------------------
Elected Officials
California Secretary for Natural Resources
Congresswoman Anna Eshoo
Congressman John Garamendi
Congressman Mike Honda
Congresswoman Zoe Lofgren
Congresswoman Doris Matsui
Congressman Jerry McNerney
Congressman George Miller
Congresswoman Grace Napolitano
Congresswoman Jackie Speier
Congressman Mike Thompson
Congresswoman Lynn Woolsey
Senator Barbara Boxer
Senator Dianne Feinstein
Newspapers
The Sacramento Bee
The San Francisco Chronicle
The San Jose Mercury News
Water Districts and Local Governments
Central Delta Water Agency
City of Sacramento
City of Stockton
Contra Costa County Board of Supervisors
Contra Costa County
Grassland Water District
Reclamation District 999
Sacramento County Board of Supervisors
Sacramento County
San Joaquin Council of Governments
San Joaquin County
San Joaquin County Board of Supervisors
San Mateo County Harbor District
Solano County
South Delta Water Agency
South San Joaquin Irrigation District
Water Replenishment District of Southern California
Yolo County
Business and Civic Groups
BIA of the Delta
Business Council of San Joaquin County
California Delta Chambers & Visitor's Bureau
California Rural Legal Assistance Foundation
Concerned Citizens Coalition of Stockton
The Contra Costa Council
Environmental Entrepreneurs
Hawkeye Marketing
Silicon Valley Leadership Group
Stockton Chamber of Commerce
Environmental Groups
Alameda Creek Alliance
American Rivers
AquAlliance
Audubon
Battle Creek Alliance
The Bay Institute
Berkeley Conservation Institute
Biodiversity Conservation Alliance
Butte Environmental Council
California League of Conservation Voters
California Public Employees for Environmental
Responsibility
California Save our Streams Council
California Water Impact Network
Cascade Action Now
Center for Biological Diversity
Center for Sierra Nevada Conservation
Clean Water Action
Conservation Congress
Coast Action Group
Defenders of Wildlife
Desal Response Group
Earth Law Center
Earthjustice
Ebetts Pass Forest Watch
Endangered Habitats League
Endangered Species Coalition
Environmental Defense Fund
Environmental Protection Information Center
Food and Water Watch
Foothills Conservancy
Forests Forever
Forest Unlimited
Friends of Butte Creek
Friends of the Calaveres
Friends of Del Norte
Friends of the Eel River
Friends of the Gualala River
Friends of the Lower Calavera River
Friends of the North Fork American River
Friends of the River
Humboldt Baykeeper
Institute for Fisheries Resources
KS Wild
Living Rivers/Colorado Riverkeeper
Madrone Audubon
Merced River Conservation Committee
Mid-Klamath Watershed Council
Mono Lake Committeee
Monterey Coastkeeper
National Parks Conservation Association
Natural Resources Defense Council
Nature Abounds
The Nature Conservancy
Northcoast Environmental Center
North Coast Rivers Alliance
Northern California River Watch
Oceana
Oregon Waterwatch
Oregon Wild
The Otter Project
Palos Verdes Audubon Chapter
Planning and Conservation League
Protect our Water
The Public Trust Alliance
Redwood Regional Audubon Society
Restore Hetch Hetchy
Resource Renewal Institute
Restore the Delta
The River Project
Rocky Mountain Wild
Rose Foundation
Russian Riverkeeper
Russian River Watershed Protection Committee
Sacramento Audubon Society
Sacramento River Preservation Trust
Safe Alternatives for our Forest Environment
San Francisco Bay Keeper
San Joaquin Audubon
Santa Clara County Creeks Coalition
Santa Clarita for Planning and the Environment
Santa Cruz Women's International League for Peace and
Freedom
Save the Bay
Save the Frogs!
Sierra Club California
Sierra Foothills Audubon
Sierra Nevada Alliance
Siskiyou Land Conservancy
South Fort Mountain Defense Committee
South Yuba River Citizens League
Southern California Watershed Alliance
Trinity Lake Revitalization Alliance
Trust for Public Land
Tuolumne Conservancy
Tuolumne River Trust
Unitarian Universalist Ministry for Earth
United Outdoorsmen
Upper Mokelumne River Watershed Council
Waldo Holt Conservancy
Western Nebraska Resources Council
Whidbey Environmental Action Network
The Wilderness Society
Commercial and Recreational Fishing and Hunting Organizations and
Businesses
Ankeny Street Sportfishing
American Sportfishing Association
Auburn Flycasters
Back to Class Guide Service
Bob Sands Fishing
Bob Sparre's Guide Service
Bodega Bay Fishermen's Marketing Association
Bodega Bay Sportfishing
Boyce Image
California Inland Fisheries Foundation
California Sportfishing Protection Alliance
California Striped Bass Association
California Striped Bass Association--Sacramento Chapter
California Striped Bass Association--West Delta Chapter
Checkmate Charters
Chris' Fishing Charters
Chubasco Charters
Coastside Fishing Club
Delta Fly Fishers
Diablo Valley Fly Fishermen
El Dorado III Charters
Emeryville Sportfishing
Fishery Foundation
Fish Sniffer
Flash Sportfishing Charters
Flying Fish Charters
Foothills Angler Coalition
Fred Hall Shows
Golden Gate Fishermen's Association
Golden Gate Salmon Association
Golden West Women Flyfishers
G. Pucci and Sons Manufacturing
Granite Bay Flycasters
Hi's Tackle Box
Hog Heaven Charters
Huck Finn Charters
Humboldt Area Saltwater Anglers
Humboldt Fishermen's Marketing Association
Jim Cox Sport Fishing Charters
Johnson Hicks Marine
Kokanee Power
Leisure Sales
Lower Sherman Island Duck Hunters Association
Lovely Linda Sportfishing
Lovely Martha Charters
Lower Sherman Island Duck Club
Mission Peak Fly Anglers
Monterey Fish Market
New Captain Pete Charters
New Easy Rider Charters
New Ray Ann Charters
New Salmon Queen Charters
Northern California Council Federation of Fly Fishers
Northern California Guides Association
Northwest Guides and Anglers Association
Northwest Sportfishing Industry Association
Outdoor Pro Shop
Outer Limits Charters
Outwest Marketing
P Line
Pacific Catch Fish Grill
Pacific Coast Federation of Fishermen's Associations
Pacific Fishery Management Council
Pasadena Casting Club
Pro-Troll Fishing Products
Queen of Hearts Charters
Que Sera Sera Charters
Rapala USA
Randy's Fishing Trips
Recreational Fishing Alliance
Reel Steel Sportfishing
Riptide Charters
Roy Gray & Associates
SalmonAid Foundation
Salmon King Lodge West
Salmon Water Now
Sandy Ann Charters
San Francisco Crab Boat Owners Association
Santa Clarita Casting Club
Santa Cruz Fly Fishermen
Save our Wild Salmon Coalition
Sep's Outdoors Inc.
Sierra Pacific Flyfishers
Sir Randy Charters
Soleman Sportfishing Charters
Small Boat Commercial Salmon Fishermen's Association
Sonoma County Abalone Network
Southwest Council Federation of Fly Fishers
Sportfishing Association of California
Spring Creek Guide Service
Stagnaro's Charters
Star of Monterey Charters
StriperFest
Sunny's Electric Marine
Ted's Sports Center
Telstar Charters
Trek II
Tri-Valley Fly Fishers
Trout Underground
Trout Unlimited
USA Fishing
Vance's Tackle
Wacky Jacky Charters
Water for Fish
West Marine
Tribal Groups
Karuk Tribe
Mocdoc Nation
Winnemen Wintu Tribe
Wishtoyo Foundation
Agricultural Groups
Friant Water Authority \2\ ---------------------------------------------------------------------------
\2\ Opposition limited to San Joaquin River Restoration
provisions. ---------------------------------------------------------------------------
Organic Sacramento
Recreation Groups
Adventure Connection, Inc
American Whitewater
California Outdoors
Camp Lotus
Mokelumne River Outfitters
The O.A.R.S. Family of Companies
River and Rock Adventures
River Runners, Inc.
Rubicon Whitewater Adventures
Sport Sales
Whitewater Connection
Whitewater Voyages
There is always the rest of the story. And while this amendment deals with one of the pernicious parts of the legislation that would have been a perpetual contract, it does not deal with the remaining pieces of the Central Valley Improvement Act, which dealt with the issue of how those contracts were to be renegotiated at the end of 40 years. In fact, those parts of the Central Valley Improvement Act said that, in the renegotiation process, the Federal Government needed to take into account the issues of water availability. You know, maybe there's not that much water available and we need to downgrade, or maybe we need to increase the amount of water, take into account the environmental issues. So those very, very important qualifications on how the contracts would be renegotiated disappeared in the underlying bill.
You did deal with one of the problems, and that is the perpetuity issue, and we understand that. But, nonetheless, there is a very, very serious problem that remains in the negotiation or the renegotiation of the contracts; and, therefore, the amendment, while dealing with one problem, allows the remaining problems to exist. And those remaining problems are how and under what circumstances is the Federal Government to carry out the negotiations; that is, do we take into account environmental issues, fish in the river or not, and availability of water or not.
Sometimes on this floor you just shake your head and wonder if you may have fallen down the rabbit hole and ``Alice in Wonderland'' is really real, where up is down and down is up, and left is right and right is left, and this confusion abounding.
I just heard the most amazing argument I could possibly have imagined, that somehow this bill will stop the peripheral canal. I think not. Perhaps it will because it will totally destroy any opportunity that there may be for California to come together around a comprehensive solution to its water situation.
It just makes me wonder what in the world is going on here, particularly my colleague from California who wants to represent this county of Tuolumne who may want to read his own bill where he wipes out all of the contracting provisions in the Central Valley Improvement Act in which the Tuolumne County Regional Water Agency is given the right to water out of the New Melones Reservoir. That is gone.
By the way, if you happen to care about veterans who might somehow be placed in the San Joaquin Valley National Cemetery, their 850 acre-feet of water is also wiped out.
This bill has far-reaching effects. It has far, far-reaching effects in wiping out the Central Valley Improvement Act. It also wipes out the environmental laws, wipes out the water for the Central Valley National Cemetery, it wipes out the water for Tuolumne County. What effect it has on the peripheral canal, I just can't understand other than it will destroy whatever comity and working together there is in California to solve the overarching problems.
By the way, you are stealing 800,000 acre-feet from the delta in this bill. That's water that the delta community needs. That's water that the delta community needs for its citizens, for water quality, and for agriculture.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I've heard some of the most amazing things in the last 20 minutes that I'm absolutely sometimes unable to even respond to them.
First of all, let's get a couple of things straight before I go to the amendment.
The water that is delivered by the Central Valley Project either under the CVPIA or under the original law is water that is under contract. It is not a property right. It is water that is granted by reason of a contract between the Federal Government and the individual water districts that take that water. It is not a property right.
Now, certainly the farmers own their property, and that is a property right. But the water is not. And by the way, that water--on every one of those contracts, there is a shortage on most of those contracts, particularly the ones that are not replacing riparian water rights. Those contracts all have shortage provisions, so that when we have a drought--and we certainly have been in that situation in California today, and we were back in 2008 and 2007--there are specific requirements in the contracts to reduce the amount of water.
So all of this poppycock that we've been hearing around here today about 100 percent, it's just not the way it has ever been and never will be unless the contract provisions remain, or if this bill become law, and that's where my amendment comes in. It simply removes from this bill the contract provisions in the bill and goes back to the original law.
Now, the original law, which is the CVPIA, which amended the earlier law, has many, many provisions, and in fact it does provide up to 850 acre-feet of water for the national cemetery in the San Joaquin Valley. That, by the way, is wiped out, and also wiped out by the proposed bill before us is the water for the Tuolumne County regional water agencies. So if I represented those counties, I might be concerned about what was happening here.
Understand that many other provisions of this law are important. We did not know back in 1990 1992 what was going to happen with water. The State was in the process of adjudicating the water rights, the Water Resources Control Board, and so the law took into account their decision.
Now, what's happening here in this bill is the removal of the power of the State to allocate its water, to look at the water resources and to make some sense out of what is happening with water. Apparently, we're not going to care about that anymore, and we're simply going to bring to the Federal Government the power to appropriate water in California. That's precisely what happens here.
Now, there was an improvement. I'll grant the chairman of the subcommittee credit for eliminating the perpetual nature of the contracts that were in the original bill that was brought to the floor. Good as far as it goes. But all of the other requirements that are in the CVPI that are wise requirements about how the water is to be allocated from north to south, from the environment to the farmers, and among the farmers, are all removed. And the power of the State to allocate that water using the Water Resources
Control Board, which has been the traditional method, is also removed. Giving rise to this point that this bill overrides State law. And if you are any other State that has a reclamation project in it, beware. Beware what is happening here in the House of Representatives this day. You, too, could be at risk of some interest group in or out of your State seizing your water.
I reserve the balance of my time.
Mr. Chairman, may I inquire as to the time remaining?
Well, first of all, if the gentleman would listen carefully, I was always referring not to the 1956 law but rather to the CVPIA, the 1992 law. Indeed, the 1992 law did change for the better, recognizing the unique situation in California where we had both a State and a Federal water project operating and many other appropriators operating on the rivers in California.
Taking that into account, and taking into account the rapidly growing population and need in California and allowing the State to determine what might be done for the need of that water--I would refer the gentleman, if he cares to take a look, at section 3404, limitation on contracts and contracting reforms. This is what you've wiped out in your bill. It specifically provides that the California State Water Resources Control Board, in concluding their review of the California Court of Appeals--in other words, you have wiped out in your bill the ability of the State of California through the Water Resources Control Board to allocate the water, to take into account court decisions. The bill overturns 150 years of California water law and wipes it out.
In fact, the CVPI took very specific account of California law and wrote it into the Federal law.
What's wrong with that? Nothing that I could think about, because California is unique in so many, many ways, and the CVPIA allowed that to happen.
Now, if I might just take a few seconds and clarify a few things.
Yes, indeed, you were talking about the Deputy Secretary of the Department of Interior. That's me. I did conduct those negotiations.
Mr. Chairman, I demand a recorded vote.
We are going around and around here. At the end of the day, I think we need to step back from the heat of the debate and realize exactly what's happening here.
In this particular amendment is an effort to try to make sure that the taxpayers of the United States are adequately compensated for the money that they have loaned for the development of the Central Valley Project and for the money that they have loaned for the specific elements within the Central Valley Project. These are the specific authorized sub-portions of the Central Valley Project. For example, with the San Luis Unit, the taxpayers loaned a vast amount of money.
When you look at the details in this bill, you will find that there is a very artful way of avoiding the full cost of repayment through early repayments. The way in which the bill is written, the water districts are able to pay off their loans without having to pay off the interest, and then going forward, they're not having to share in the ongoing cost of maintenance of the major reservoirs and water facilities.
In other words, they are simply charged with the cost of the water, not for the ongoing operational repair and other costs. It's very interesting, very artfully done and, once again, provides an enormous subsidy to those who have had a very good subsidy for many years. It's not right. It ought not occur.
The amendment before us simply says that, if you're going to get a loan, you are going to have to pay interest.
You will hear this from the other side as they close, Oh, but you are going to be able to get some $300 million. Yes, that money will flow more quickly into the treasury to be sure because it allows the water districts, as a result of the way in which this bill is written, to achieve an enormous advantage. They will be able to get water into the future without having to pay the full cost of that water.
So when you look at it from the total accounting procedures, you wind up with an additional subsidy going to these water districts. It's not right, and it's not fair to the taxpayers.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, once again we need to step back and really understand the full impact of this particular piece of legislation that is before us. It has profound impact on California. We heard earlier discussion about the delta, two amendments put forth by my colleague, Mr. McNerney, and as he spoke to the issues of the delta and the sensitivity of it.
The delta is the largest estuary on the west coast of the Western Hemisphere, and it includes the San Francisco Bay. It's a very sensitive estuary. It's dependent upon a flow of freshwater at certain times of the year, and this legislation very artfully, in a very complex series of languages and changes in law and word, takes 800,000 acre-feet away from the environment of the delta, that would be the aquatic environment, and delivers it to the water contractors, the south-of-delta water contractors. It's done in a way that it is hard to recognize; but when I asked the chairman of the committee what the purpose was, he stated unequivocably that it was to take the 800,000 acre-feet of water.
The impact of that will be profound. So whatever you may say about the species in the delta, the salmon, the striped bass, the smelt or any other species, this theft of 800,000 acre-feet of water will have a profound and negative effect.
It's water that is there to be used certain times of the year to carry out the necessary protection of species, water that would flow down the river when the salmon want to migrate up the river, water that would be there for the smelt when they are breeding or when they are moving into their breeding habitat.
It is one of the biggest water grabs, at least in the last half century, and it will have profound negative effects. When taken with the other provisions of the bill that wipe out entirely, entirely wipe out the Environmental Protection Act, the Endangered Species Act, the EPA Clean Water Act, all of those are gone in this bill, and now you are taking the water.
California protections for the environment, the California laws that replicate the Federal laws, they too are pushed aside by this bill. Then you wind up taking the water on top of it.
What is left for the delta? What is left for the species in the delta, the fish, the aquatic? What is left for San Francisco Bay? Not much. Not much. That's why this bill is the worst environmental bill in many, many decades. Call it any other way you like, but that's exactly what it is.
I reserve the balance of my time.
Mr. Chairman, may I inquire as to the time remaining?
The chairman of the committee, if I did say the chairman of the committee, I believe I said the chairman of the subcommittee. In which case if I did, Mr. Hastings, you are quite correct; you were not there. The chairman of the subcommittee was to whom I was referring.
With regard to the effect, you can try to spin this any way you like, but the reality is that in the Central Valley Improvement Act, 800,000 acre feet of water was dedicated to the environment, and it was not temporary; it was part of what was to be done into the future. And the negotiations that ensued following the accord in 1994, those negotiations were specifically designed to reach an accommodation on how to meet all of the requirements of the Central Valley Improvement Act, including what to do with the 800,000 acre feet.
I would point out to the opponents of this amendment that the accord, the 1994 Bay-Delta Accord, was never intended to be permanent. It had in fact a 3-year limitation, which led to my involvement when I became deputy secretary to try to work out a solution. And in fact we did. Unfortunately, the Westlands Water District, one of the proposed signatories to the bill, walked away from the table when everybody else was ready to sign. And we have been involved in this imbroglio ever since.
Now, the 800,000 acre feet is indeed taken away from the environment. No matter how you spin this, it's gone. It is the biggest theft of water perhaps in modern California water history--800,000 acre feet. It may be recycled, but the control of it for the environment is lost. The environmental protections that go along with that water are gone. Both the State and the Federal protections, the Clean Water Act, the National Environmental Protection Act, California CEQA, all of those are gone as a result of this bill. This is the most amazing override of environmental law that I have ever seen in the 37 years that I've been involved in water policy throughout this Nation. It is remarkable what is being attempted here, and we've got to stop this bill.
I yield back the balance of my time.
I demand a recorded vote.
Mr. Speaker, I have a motion to recommit at the desk.
I am.
Mr. Speaker, I thank you for the opportunity to present this amendment. This amendment will not kill the bill nor send it back to committee, but it is an amendment that is important to every Representative in this House if you care about the 10th Amendment and you care about the ability of your State to set its own policies.
Mr. Speaker, every Member in this House should be paying attention to this bill. We read the Constitution the first day of this Congress. The 10th Amendment guarantees that the States have the ability to take care of their own water systems and many other issues that pertain to the States. This bill, this bill overrides State law in California. This bill sets aside numerous State laws in California. This bill overrides 150 years of California water law set in place by the legislature, the governors, by the courts of California, and the Federal courts. This bill destroys the ability of California to conduct and to manage its own water.
I put this map up of California so that you might contemplate for a few moments the impact and exactly what we're talking about. California is a big State, 38 million people, diverse, extraordinary water fights. There's a fellow who lived in California years ago, Mark Twain, and he said, ``In California, whiskey's for drinking and water's for fighting.'' And it's been true ever since.
This is the Central Valley of California, the largest estuary on the West Coast of the Western Hemisphere. It's where the Sacramento River and the San Joaquin River join together in an inland estuary, one of the few in the world. And also, San Francisco Bay. This bill will lead to the destruction of the largest estuary on the West Coast of the Western Hemisphere, and it does so by overriding California law and the California Constitution.
The California Constitution holds the water of the State of California in trust. In trust. The State of California, the government, is responsible for the care of that water so that it can be appropriately distributed, not only for the beneficial use of consumptive users, cities and farmers, but also, also for the environment.
This bill takes away the laws of the State of California that would provide for the protection of the environment. The California CEQA, Environmental Quality Act, the Air Quality Act, the Endangered Species Act of the State of California, are overridden by this bill. And by the way, the Federal laws also. It takes us back to 1994, to a period of time when we didn't know the science. We didn't understand what the full impact of water diversions and other contaminants and other species would be in the delta.
Since 1994, we have seen the collapse of the delta fisheries. We have seen thousands upon thousands of fishermen, both commercial and recreational, unable to fish. The loss of much. There is a much talk in this House about a manmade drought. That's baloney. It was a real drought. And yes, there were environmental considerations that further reduced water. That water was reduced under contracts that called for shortages in the case of drought.
So what are we talking about here with this bill? We're talking about the usurpation of power by the Federal Government, taking the basic ability of the State of California to regulate its water, to deal with its environmental issues, and causing this House, this Federal Government, to have that power.
Think closely all of you who have a reclamation project in your district, and there are some 18 States, ranging from the Pacific to the Mississippi. You have reclamation projects. Think deeply. Think about what happens when the Federal Government goes to California, the biggest State, and says: We don't care what your laws are; we're going to tell you what to do. Think what that might mean to you in the future when somebody in your State has the power to put before this House a law that runs over the top of your State laws.
If you care about the 10th Amendment, if you care about States' rights, you'd better be voting ``no'' because this is a precedent you don't want to ever see in your State, and we don't want to see it in California. Think deeply, Members of this House, think deeply about what's at stake here. I ask for this motion to pass.
I yield back the balance of my time.
Announcement by the Speaker Pro Tempore
Mr. Speaker, I demand a recorded vote.