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HomeMy WebLinkAboutFeinstein letterDIANNE FEiNSTEiN ,se.0 CALIFORNIA a=' ~'`" e '.: O H~~~~O '~ 4 c~ ~~~~~~ ~~ViiVJV ~~~~tE WASHINGTON, DC 2050-0504 http://feinstein.senate.gov September 4, 2012 Supervisor Steve Lambert, Chair Butte County Board of Supervisors Administration Center 25 County Center Drive Orovilie, CA X5905 Dear Chairman Lambert, SELECT COMMITTEE ON INTELLIGENCE -CHAIRMAN COMMITTEE ON APPRDPRIAT[ONS COMMITTEE ON THE JUDICIARY COMMITTEE ON RULES AND ADMINISTRATION SEP 2 5 2012 ~ROUILLE, CAI.~F~gp` Thank you for your letter dated July 31, 2012 regarding the need to protect area of origin water rights, and the importance of supporting integrated regional water management plans. I welcome the opportunity to respond. I agree that the Sacramento Valley region is an integral part of the water system that sustains California's agricultural, economic, and environmental interests. I also strongly believe that the efforts currently underway to achieve Delta ecosystem restoration and water supply reliability under the Central Valley Project {CVP) and State ~1LTater Project (SWP) must respect all existing water rights. I would be willing to insert language in the F'Y2013 Energy and Water Development Appropriations Bill guaranteeing that area of origin and other senior water rights are protected. However, the language that you sent to me would go beyond protecting area of origin and other senior water rights, which I cannot accept. After my staff consulted with State and Federal water off cials, they informed me that your language would create significant legal and operational problems. The language I would agree to is highlighted in the sentence below as follows: PYOVided further, That actions taken under this section shall not supersede or modify any, applicable Federal or State laws including those laws pertaining to and rotectin water ri hts in an area of on in watershed of on in c©unty_ of origin, or any other water rights protections. For your reference, I have attached to this letter a copy of the full text of the water supply plan provision with this proposed revision. //!! C~ i,/ ~ 4f~~~'~~ ~ ~ ~ ~~~: - r.., F ~ Ems.:. E~ L I look forward to hearing from you as to whether you would wish for me to proceed by including the language above. I also agree with the statement in your letter that "[ajnother important positive action toward water resources reliability and sustainability would be to support locally driven integrated regional water management plans." Subject to the ongoing constraints on the federal budget, I will look for opportunities to support integrated regional water management plans in the future. Thank you again for raising these important issues with me. If you have any further questions, please do not hesitate to contact me or James Peterson, my Legislative Assistant for Environment and Water, at {202) 224 - 3841. Sincerely, 1 ~ 1 w ~~ Dianne Feinstein United States Senator Attachment PROPOSED AMENDMENT TO FYI3 ENERGY AND WATER BILL WATER SUPPLY PLAN PROVISION (amended language underlined in bold}. SEC. 209. Within 180 days of enactment of this Act, the Secretary of the Interior shall issue a plan to facilitate additional water supply deliveries to Central Valley Project contractors in dry, critically dry, or below normal water years as determined by the Sacramento Valley 40-30-30 index: Provided, That the Secretary shall hereafter update the plan each subsequent year that is a critically dry, dry, or below normal water year: Provided further, That the plan shall consider utilizing operational flexibility, interagency cooperation, joint point of diversion, water transfers and exchanges, groundwater banking, recovered and rescheduled water deliveries, water conservation programs established-with willing pay-ticipants, sGUrcw shifting, infrastructure improvements and any other strategies deemed appropriate by the Secretary: Provided further, That this plan shall be developed in consultation with the Secretary of Commerce, the State of California, public water agencies, water users, and other appropriate agencies and stakeholders and shall take into consideration fluctuating hydrological conditions, physical constraints in the delivery system and existing legal requirements: Provided further, That actions taken under this section shall not supersede or modify any applicable Federal or State law, including those laws pertaining to and protectin~,water rights,in,any area of origin, watershed of on in coup of on in or an other water ri hts rotections.