[Congressional Record Volume 142, Number 55 (Thursday, April 25, 1996)]
[Extensions of Remarks]
[Page E643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    AGRICULTURAL WATER DELIVERY ACT

                                 ______


                         HON. MICHAEL D. CRAPO

                                of idaho

                    in the house of representatives

                        Thursday, April 25, 1996

  Mr. CRAPO. Mr. Speaker, I rise today to introduce legislation to help 
remedy a problem that is particularly burdensome to the water delivery 
companies in the West. Like many seasonal businesses, complying with 
the Fair Labor Standards Act has become a huge burden to both water 
delivery companies and their employees.
  Irrigation has never nor will it ever be a 40 hour a week job. During 
peak agricultural months, water must be managed and delivered 
continually. Later in the year, the work load is light, consisting 
mainly of maintenance duties. Time off and winter compensation have 
been the methods of compensating for overtime during these peak 
agricultural months. Instead of being allowed to offer their employees 
winter compensation or time off, water delivery companies must now lay 
off water delivery personnel after the peak agricultural months.
  Under current law, contained at 29 U.S.C., sec 213(b)(12), an 
exemption from the maximum hour requirement exists for employees hired 
to work in conjunction with water delivery companies that deliver water 
``exclusively'' for agricultural use. This exemption was designed 
specifically to address the unique problems faced by water delivery 
companies when complying with the Fair Labor Standards Act.
  Under the current interpretation of the law, water delivery 
organizations must deliver their water ``exclusively'' for agricultural 
purposes to qualify. For many water delivery organizations who deliver 
a small portion of their water for nonagricultural purposes, this 
interpretation has been disastrous. They are unable to benefit from the 
exemption even though it was designed with water delivery companies in 
mind.
  I am introducing legislation that would expressly set the requirement 
of water to be ultimately delivered for agriculture purposes at 75 
percent. This adjustment more accurately reflects the realities of 
agricultural water delivery. It would also benefit agricultural 
employees by making it possible for employers to provide them with 
year-round compensation rather than seasonal wages.

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