Natural Resources Management Act
Mr. Speaker, I rise along with my colleagues, Congressman Ruiz and Congressman Calvert to speak to S. 47, the Natural Resources Management Act and a provision that I introduced as part of the California Desert Protection and Recreation Act…
Mr. Speaker, I rise along with my colleagues, Congressman Ruiz and Congressman Calvert to speak to S. 47, the Natural Resources Management Act and a provision that I introduced as part of the California Desert Protection and Recreation Act of 2019, specifically Section 1457 as it relates to the designation of the Whitewater River as a Wild and Recreational River.
The City of Banning and the Community of Banning Heights, which are in the district of Mr. Ruiz, receive a vital source of water from a flume that conveys water from the headwaters of the Whitewater River, which is located in my district.
In 1913, the State of California recognized the appropriative state water rights that the City of Banning and Banning Heights Mutual Water Company use to divert water from the headwaters of the Whitewater River into the San Gorgonio watershed. In 1918, the U.S. Secretary of the Interior approved the right-of-way for the diversion structures and the flume that carries the water to the City and to Banning Heights. These communities have relied on this water for over a century--water that is critical for drinking, cooking, washing, and fire control. The two communities own the water rights, which provide 100 percent of the water for the community of Banning Heights and approximately 30 percent of the water for the City of Banning.
In designating the Whitewater River as a Wild and Recreational River, we speak with one voice in saying that we do not wish in any way to interfere with these historic rights. We recognize that the downstream portions of the Whitewater River already have the necessary flows for the Wild and Recreational designations and that additional flows are not needed to maintain or enhance these designations. As the primary sponsor of the legislation containing the Whitewater designation in the House, I in particular, wish to underscore this as a matter of legislative history and Congressional intent. We ask that the Forest Service and the BLM in implementing the Wild and Recreational River designations heed this Congressional intent and incorporate it into any land management plan amendment and other implementing documents.
We also want to be sure that the United States Forest Service-- specifically the San Bernardino National Forest--heeds the instructions from the FY19 Interior Appropriations bill (P.L. 116-6) that reminds the Department of the Interior and the Forest Service of the states' jurisdiction over water law and expect that all applicable laws will be followed when considering a request for a permit or permit renewal.
The U.S. Forest Service, Federal Energy Regulatory Commission, Bureau of Land Management, and other agencies should not now, or in the future, point to the designation of the Whitewater River as a Wild and Recreational River as a justification to require the City of Banning or the Banning Heights Mutual Water Company to relinquish their state- granted water rights nor should such agencies require the removal of diversions at the headwaters of the Whitewater River and the flume that are necessary for these communities to receive water appropriated to them by the State of California.