Western Water Council: Reject Nunes 'Water Uncertainty Act'

The nonpartisan council appointed by eighteen Western governors to advise on Western water issues today told the Natural Resources Committee that it opposes legislation that would threaten the delicate balance achieved in one of California's most important water systems and preempt state's rights and federal law. The Western States Water Council, in a letter sent to members of the Natural Resources Committee, joined a growing list of stakeholders who oppose the legislation proposed by Rep. Devin Nunes (R-Calif.).

“On behalf of the Western States Water Council and our eighteen member states, I am writing to express our strong opposition to H.R. 1837 as an unwarranted intrusion on the rights of the states to allocate and administer rights to the use of state water resources,” writes the council in a letter sent to Tom McClintock (R-Calif.) and Grace Napolitano (D-Calif.), the top members on the Subcommittee on Water and Power. “Moreover, it is inconsistent with evolving principles of successful management of our water resources to achieve a sustainable balance between important economic and environmental goals.”

Democratic members of the Natural Resources Committee agreed with the assessment of the council.

“The support for this anti-water bill is as solid as a sieve,” said Rep. Ed Markey (D-Mass.), the Ranking Member of the Natural Resources Committee. “This bill gives water to corporate interests and takes authority away from the states, and is a bridge too far in the ongoing Republican war on water.”

“This bill has faced strong opposition in California, and now the alarm has been heard in the other states that could be threatened if this bill were to pass,” said Rep. Napolitano. “By usurping California's state water rights, rolling back environmental protections, and delivering special flows of water to privileged groups, this piece of federal legislation sets a dangerous precedent that could disrupt already scarce water supplies across the western states. The majority of water users continue to unite to protect their water rights, and I urge my Republican colleagues to abandon their support for this misguided and destructive bill.”

“The same House Republicans whose recklessness just brought the United States to the brink of default are pushing to do the same damage to California's water laws,” said Rep. George Miller (D-Calif.). “The Western States Water Council has made it very clear that preempting decades of state and federal precedents - as the Water Uncertainty Act would do -- is the wrong way to make policy. I urge my colleagues on both sides of the aisle to reject this extreme and dangerous bill.”

“The Western States Water Council makes it clear that the Nunes bill sets a destructive precedent that would destroy a century of Western water law by giving one water district the opportunity to jump ahead of senior water rights holders and grab their water,” said Rep. John Garamendi (D-Calif.). “This should be a warning to Representative Nunes and supporters of the bill to stop this water grab.”

“I'm not surprised that the Western States Water Council has joined a growing group of stakeholders in condemning H.R. 1837,” said Rep. Mike Thompson (D-Calif.). “This legislation would gut restrictions on the pumping of Northern California water, putting not only our environmental resources at risk, but the livelihoods of thousands of North State farmers and fishermen. We should be looking for new ways to reduce reliance on the Delta's water - not restarting our state's water wars.”

The Western States Water Council adopted this official position in opposition of H.R. 1837, the San Joaquin Water Reliability Act, at last week's annual summer meeting. The growing list of those opposed to the legislation also includes the Department of the Interior, the California Natural Resources Agency, as well as many elected state and federal officials.

The legislation, otherwise known as the “Water Uncertainty Act” would overturn nearly 20 years of environmental protection, repeal the San Joaquin River Restoration Settlement that has been litigated and negotiated for over two decades and lock up water contracts in perpetuity. The Water Uncertainty Act would also preempt state law and disrupt or make impossible a number of ongoing negotiations by Californians to improve their water supply, including the Bay Delta Conservation Plan and the 2009 bipartisan water bill passed by the California legislature.

House Republicans have been taking aim at water quality and rights, protecting mining, coal and other corporate interests from clean water laws, and cutting funding to states to protect drinking water.