
Mar 1, 2012
Published: Thursday, Mar. 1, 2012 – 12:00 am | Page 3A
Last Modified: Thursday, Mar. 1, 2012 – 10:41 am
WASHINGTON – The House on Wednesday approved an ambitious California water bill that favors farmers, splits the state and pressures the U.S. Senate.
In a highly partisan vote, the Republican-controlled House approved the legislation that would lengthen irrigation contracts, override state law and boost deliveries to farms south of the Sacramento-San Joaquin Delta. Most dramatically, the bill replaces one San Joaquin River restoration plan with something far less ambitious.
“Flushing water into San Francisco Bay is not helping to recover species, and people are suffering needlessly,” said bill author Rep. Devin Nunes, R-Visalia, adding later that his bill “gives (water) reliability, not only to farms but to the environment.”
Approved 246-175, the bill marked one of the few times the full House has confronted California’s water woes. The nearly five-hour debate, though, also underscored how the bill has magnified rather than ameliorated regional and personal differences.
“This is a power grab,” said Rep. John Garamendi, D-Walnut Grove. “It’s a water grab, and it’s an imposition of the federal government over the state.”
The bill faces an uncertain future. Democratic Sens. Dianne Feinstein and Barbara Boxer both oppose the legislation, as does the Brown administration in Sacramento, and the Obama administration has threatened a presidential veto.
“Senator Boxer and I will do everything we can to make sure it won’t pass,” Feinstein said in an interview Wednesday, “and I don’t believe it will pass.”
At the same time, Feinstein said she would “look at it and see” if individual provisions might merit separate consideration. Rep. Jim Costa of Fresno, one of only 10 House Democrats to vote for the bill, stressed that Feinstein’s participation will be essential for anything to happen.
Joined by Rep. Jeff Denham, R-Turlock, and House Majority Whip Kevin McCarthy, R-Bakersfield, Nunes introduced the Sacramento-San Joaquin Valley Water Reliability Act last year in response to repeated severe cutbacks in irrigation water deliveries south of the Delta.
The legislation returns federal irrigation contracts to 40 years, rather than the 25-year limit imposed in 1992. It eases water transfers and preempts strict state laws that might impose stricter environmental standards.
Though the water is California’s, the controversy crosses borders. In a rare floor speech, House Speaker John Boehner praised the legislation, a sign it could have political legs. From the other side, suggesting broader resistance, Colorado, Wyoming and Oregon state officials warned about the dangers of pre-empting state laws.
“This direct weakening of the deference to state water law is unacceptable,” Wyoming State Engineer Patrick Tyrrell wrote. “It poses a threat to water rights and water administration across the Western United States.”
In hopes of reassuring Western officials, lawmakers included extraordinary language declaring the federal pre-emption of state laws in California would not be a precedent elsewhere. Skeptics doubt this language can make the precedent simply disappear.
Following extensive negotiations, from which House Democrats say they were excluded, GOP lawmakers further included language intended to assure Sacramento Valley residents that they won’t lose water to San Joaquin Valley farms.
“This bill places senior water right holders in a safe and secure position,” insisted Rep. Tom McClintock, R-Elk Grove, the chair of the House water and power subcommittee.
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