Feinstein delays controversial drought legislation until next year

Feinstein delays controversial drought legislation until next year

by Dan Bacher

Senator Dianne Feinstein (D-CA) announced on November 20 that she has abandoned the secret negotiations to craft a controversial drought relief bill this year, but said she will try to pass the legislation next year.

The delay is a victory by a coalition of fishing groups, environmentalists, Indian Tribes and family farmers who organized an action alert campaign over the past week to defeat the bill. They said the bill would amount to a water bailout for corporate agribusiness interests on the west side of the San Joaquin Valley that would devastate salmon and other fisheries and family farms.

“Over the past several weeks I have been working closely with members of the California delegation who expressed interest in reaching a bipartisan agreement on legislation to address California’s drought crisis without violating the Endangered Species Act, the Clean Water Act or biological opinions," said Feinstein in a statement. “Although we have made progress, it has become clear that we will be unable to present an agreed-upon proposal before Congress adjourns this year." (http://www.feinstein.senate.gov/public/index.cfm/press-releases?ID=f9d5560e-d0ea-4376-aa34-0a6d2ed0510d)

Patricia Schifferle of Pacific Advocates responded, "She claims she worked with all Members - then why don’t the northern California and Delta Members agree with that statement?"

Congresssman George Miller confirmed Schifferle's assessment. “She’s doing the bidding of a very small group of people,” Rep. George Miller, D-Richmond, told reporter Michael Doyle of McClatch news Thursday, prior to Feinstein’s decision becoming public. “This is just money and politics talking.” (http://www.sacbee.com/news/politics-government/article4034913.html#storylink=cpy)

Feinstein also claimed that, in spite of much evidence otherwise provided by opponents of the legislation, that this wasn't "some kind of secret process."

“I deeply believe the people want both parties to work together, and that is the only way we will be able to enact water legislation," said Feinstein. "Claims that this has been some kind of secret process are false. In order to come up with a bill that is ready for public comment, back-and-forth negotiations and consultations are often necessary, including extensive technical assistance from federal and state agencies. That process is ongoing and we have no agreed-upon bill at this time."

If Feinstein asked for "technical analysis" then it would be great to share the agency’s “technical analysis" with the public, Delta advocates noted.

The Senator also emphasized that there is a "real human face" to the current drought, although she failed to mention the people most impacted by the drought - recreational and commercial fishing families, family farmers, and Indian Tribes that depend on salmon and other fish as part of their religion, culture and existence.

“It is important to remember there is a real human face to this crisis," Feinstein continued. "Some communities can no longer deliver water to homes. Thousands of residential wells have run dry. And many families lack very basic necessities like water for showers and cooking."

Then Feinstein claimed that the bill wasn't "about corporate agriculture," failing to explain why heavy hitters from the water community, including Tom Birmingham of the Westlands Water District, Stewart Resnick of Paramount Farms, the Metropolitan Water District of Southern California and the Kern County Water Agency, were all at the table of the negotiations while fishermen, Tribes, family farmers, Northern California legislators and Northern California legislators were completely excluded.

“California is in a state of prolonged drought, and we must come together to find ways to provide the water necessary for life and well-being. This isn’t about corporate agriculture, this is about California," she said.

Feinstein then took aim at drought bill opponents, concluding, “It’s my hope that groups critical of this effort will strive to be productive rather than destructive. It’s clear that we need to get more water to our cities, businesses, farmers, households, fish and the Delta. And it’s equally important that we continue to protect wildlife and the environment. Only together will we stand a chance of agreeing on a bill that can help accomplish all of these goals.”

Bill opponents greeted Feinstein's announcement with relief - and vowed to stop similar legislation gutting fish protection and Delta water standards in the 2015 Congressional Session.

"We would like to thank the Senator for listening to our constituents and we hope that she and Senator Boxer will ensure that all Californians are taken into account during the formulation of legislation in the next Congress," said Tom Stokely, water policy for the California Water Impact Network (C-WIN).

In a similar vein, Barbara Barrigan-Parrilla, Executive Director of Restore the Delta, said, "We are thankful that Senator Dianne Feinstein agreed to use regular bill procedures this time involving public hearings for next year. Thank you to everyone who took action and kept the pressure strong!"

"This bill has been delayed," said Ronald Stork, Senior Policy Director of Friends of the River. "Feinstein said it will be reintroduced and go through the regular order in the new GOP led-Congress instead of being hatched in secret in the back rooms. That's a good thing, but it doesn't matter if California's two Senators are unwilling to stand up to the San Joaquin Valley Congressmen. Somebody has to show some courage."

"The dynamics haven't changed. Feinstein is more than willing to accede to the demands of the Southern San Joaquin Valley Congressmen. Their demands are pretty simple: disrespect the Wild and Scenic Rivers Act, Endangered Species Act (ESA) and other peoples' water," concluded Stork.

On November 18, representatives of California’s leading grassroots water conservation and environmental water organizations, fishing groups and the Winnemem Wintu and Karuk Tribes signed a letter strongly criticizing the legislation.

"We are disturbed by a resurgence of media reports and the potential movement of a purported 'drought bill' for California," the letter stated. "As we understand it, the draft legislation now being finalized attempts to reconcile provisions from S.2198 and HR.3964," two bills designed to benefit corporate agribusiness at the expense of other water users."

The groups and Tribes expressed concern that there would be "destructive elements" in the reconciled bill that were in past versions of either or both bills. These include the following:

• Water transfers from the Sacramento Valley are expedited circumventing public processes in federal environmental laws.

• Refuges are pushed to turn to groundwater instead of relying on what the Central Valley Improvement Act requires in the way of surface water deliveries.

• Most benefits are for desert agriculture in the southwestern San Joaquin Valley—not California as a whole—and especially not the area of origin where most of the water comes from: the Sacramento River Watershed.

• Permanent, devastating impacts on migratory bird and fish populations in California, Oregon, Washington State and Alaska.

Defenders of the public trust are gearing up for a big battle by Feinstein and the Republican-controlled Senate and House of Representative to pass "drought relief" legislation that serves corporate interests at the expense of fish, wildlife and the people of California during the next Congressional Session.

To read the complete letter, go to this link on the Restore the Delta website: http://restorethedelta.org/blog/wp-content/uploads/2014/11/EWC-Opposition-Letter-FINAL.pdf