Dear Speaker Ryan
I write to oppose H.R. 23, the “Gaining Responsibility on Water Act of 2017.”
Water defines the west and for over a century Congress and the courts have consistently recognized that state law determines how water is developed and used. Western states have successfully resisted any attempted intrusion into this essential attribute of their sovereignty, including in the operation or construction of water projects involving the federal government. This bill overrides California water law, ignoring our state’s prerogative to oversee our waters. Commandeering our laws for purposes defined in Washington is not right.
It is also not smart. California is the sixth-largest economy in the world, and its future depends on the wise and equitable use of its water. Making decisions requires listening to and balancing among the needs of California’s nearly 40 million residents and taking into consideration economics, biodiversity, and wildlife resources. All of this is best done at the state and local level – not in a polarized political climate 3,000 miles away.
Undermining state law is especially unwise today as California, with input from all stakeholders, is poised to make its boldest water infrastructure investments in decades: funding surface storage, updating an antiquated delta water conveyance, and adopting water-use efficiency targets.
I ask you to respect California’s rights and shelve this bill.
Yesterday Senators Harris and Feinstein issued a joint statement opposing Valadao’s bill, saying the bill would “preempt existing California environmental laws and regulations, giving the Trump administration greater control over water management in our state.” The full statement is below:
We oppose Congressman Valadao’s bill to weaken California’s ability to manage its own natural resources. California’s Central Valley helps feed the world. It deserves sensible and responsible water solutions—this measure doesn’t even come close to meeting that test. His legislation would preempt existing California environmental laws and regulations, giving the Trump administration greater control over water management in our state.“Science should be at the center of all decisions affecting California’s water supply. This bill would eliminate the existing biological opinions required under the Endangered Species Act. It also prevents California from using new scientific data to manage our water supply by reverting us back to outdated limits set more than two decades ago.
“Congressman Valadao’s bill would set back the progress made to find a balanced solution to California’s drought. If this bill passes the House of Representatives, we will fight to defeat it in the Senate.
Hoopa Valley Tribe leaders and lawyers are currently in Washington D.C. battling to stop H.R. 23 from passing, saying “Tribal rights, water and culture are under assault” by the legislation.
According to a statement from Vivienna Orcutt, a Hoopa Valley Tribal Council Member, “The Trinity River provision in H.R. 23, Section 40, is a deceitful assault on Oregon and Northern California resources and economy. There’s a vested rights/property rights issue, a unilateral abrogation of contracts issue, tribal trust issue, area of origin issue, the 1955 act priority issue and the overruling of 9th Circuit Court issue.”
“The Hoopa Water Team is battling the destructive H.R. 23 bill that would prohibit salmon-aiding flows and Hoopa/Yurok Boat Dance ceremonial flows,” according to the Tribe.
In an update yesterday evening, Orcutt added, “The Rules Committee just voted to not make the amendment in order. Rep. Polis made the motion on the Huffman tribal amendment and four others. It was a party line vote and Republicans all voted no to make the amendments in order.”