[Congressional Record Volume 144, Number 108 (Tuesday, August 4, 1998)]
[Extensions of Remarks]
[Pages E1536-E1537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF THE SAN LUIS REY WATER RIGHTS SETTLEMENT ACT AMENDMENTS 
                                OF 1998

                                 ______
                                 

                     HON. RANDY ``DUKE'' CUNNINGHAM

                             of california

                    in the house of representatives

                        Tuesday, August 4, 1998

  Mr. CUNNINGHAM. Mr. Speaker, I rise today to introduce legislation to 
complete a federal commitment to the San Luis Rey Indian Water Rights 
Settlement Act (P.L. 100-675).
  In the late 1800's and early 1900's the United States Government and 
the State of California granted San Luis Rey River water rights to the 
City of Escondido and the Vista Irrigation District. Unfortunately, the 
right to that water was not the federal government's to give. It was 
rightfully held by five bands of Mission Indians (La Jolla, Rincon, 
Pala, Pauma, and San Pasqual).
  Beginning in 1969, the City of Escondido and the Vista Irrigation 
District have been subject to litigation by the Indian bands over the 
rights to the San Luis Rey River water. In 1980, because the Secretary 
of the Interior had ceded the Indian bands' water rights to Escondido 
and Vista, the Indian bands brought suit against the federal 
government.
  In 1984, in an effort to reach a settlement between the various 
parties, my California colleague, Rep. Ron Packard, established the San 
Luis Rey Indian Water Settlement Task Force and charged it with the 
responsibility of negotiating the settlement of decades-old litigation 
between five bands of Mission Indians, the United States Government, 
the City of Escondido and the Vista Irrigation District. After lengthy 
negotiations with local, state and federal negotiators, the parties 
achieved an agreement on settlement principles that ultimately led to 
passage of the San Luis Rey Indian Water Rights Settlement Act in 1988 
(P.L. 100-675).
  Title I of the 1988 Act directs the Secretary of the Interior to 
supply of 16,000 acre feet of water per year to the Indian bands. This 
water was to be obtained from one or more sources, including the public 
lands within California outside the service area of the Central Valley 
project, or water conserved from the lining of the All-American Canal 
in the Imperial Valley as authorized in Title II of the 1988 Act.
  Over the last decade, since the enactment of this Act, and despite 
the best good faith efforts of all the parties involved, the Indian 
bands are no closer to receiving the water due them. Moreover, during 
the last two years, efforts to develop a source of water for the Indian 
bands have been delayed while Colorado River water users grapple with 
drafting a consensus solution for the future use of California's 
portion of Colorado River water.
  The Indian bands, the City of Escondido, and the Vista Irrigation 
District have pursued every potential source of water to fulfill the 
federal responsibility to the Indian bands water rights. I believe that 
the best option is to use a portion of the water conserved by lining 
the All-American Canal, in California's Imperial Valley.
  The concrete lining of the All-American Canal will conserve an 
estimated 67,000 acre feet of water per year. This lining will preserve 
water that is currently leaking from the All-American Canal and flowing 
unused into Mexico. Of the total amount conserved, this bill would set 
aside 16,000 acre feet of water for the Secretary of the Interior to 
transfer to the Indian bands, fulfilling the terms of the 1988 
Settlement Act. The federal government's share of the lining necessary 
to conserve 16,000 acre feet will amount to approximately $30,000,000. 
A private partner will assume the remaining cost for the lining. By 
assuming that cost on behalf of the San Luis Rey Indian Water 
Authority, the Secretary would be able to deliver the supplemental 
water, and the following benefits would accrue:
  The current stalemate in the Colorado River water allocation 
discussions would no longer bar the efforts of the Settlement Parties 
to bring this matter to a final resolution;
  A major contribution would be made to reduce California's historic 
use of Colorado River water;
  The completed Environmental Impact Study for the All-American Canal 
lining project, which is now nearly five years old, could be utilized 
before so much time passes that it must be redone;
  The cost of water to the San Luis Rey Indian Water Authority, 
including wheeling charges paid to Metropolitan Water District and the 
San Diego County Water Authority, would be low enough to accomplish the 
objectives of the Act; and
  The largest single water conservation project within the Imperial 
Irrigation District which remains to be built--and the only one which 
would have absolutely no adverse impact on the Salton Sea--would be 
started.
  The proposal currently being drafted by the Colorado River water 
users to distribute California's share of Colorado River water 
allocates 16,000 acre feet of water conserved from the lining of the 
All-American Canal for the San Luis Rey Water Rights Settlement.

[[Page E1537]]

While this proposal is not final, I believe there is no reason to 
expect that this provision will not be in the final plan. Nor should 
the lack of comprehensive statewide Colorado River water use plan 
prohibit us from acting to settle what has now become a decades-old 
process to provide water rightfully due to the Indian bands. It should 
be noted that the 16,000 acre feet due to the Indian bands amounts to 
only 36/100ths of one percent of California's allocation of Colorado 
River water.
  I am aware that concerns about this proposal have been expressed by 
both the Imperial Irrigation District and the Coachella Valley Water 
District. It is my expectation that the introduction of this 
legislation will further the objective of reaching consensus on the 
issue of lining the All-American Canal with these important California 
water agencies. I look forward to working with all interested parties 
to reach an accord.
  I am proud to be joined in this effort by the original sponsor of the 
1988 Act, Mr. Packard from California. I hope that all of my colleagues 
will join me in supporting this legislation and help me fulfill our 
responsibility to the La Jolla, Rincon, Pala, Pauma, and San Pasqual 
Indian bands.

                          ____________________