[Congressional Record Volume 152, Number 68 (Friday, May 26, 2006)]
[Extensions of Remarks]
[Page E969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2007

                                 ______
                                 

                               speech of

                        HON. ROBERT B. ADERHOLT

                               of alabama

                    in the house of representatives

                        Wednesday, May 24, 2006

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 5427), 
     making appropriations for energy and water development for 
     the fiscal year ending September 30, 2007, and for other 
     purposes:

  Mr. ADERHOLT. Mr. Chairman, I rise today in opposition to the 
proposed amendment by the gentleman from Georgia. The three States of 
Alabama, Georgia, and Florida have areas which are dependent on the 
same water sources. While I sympathize with all those needs, the 
language in the bill is necessary to prevent the Corps of Engineers 
from interfering in litigation which is meant to allocate those 
resources in a fair way among the three States.
  Mr. Chairman, in 2005 we learned that the Corps of Engineers planned 
to revise the manuals which govern water sharing between three States--
Alabama, Georgia, and Florida. The corps' ACT manual has not been 
revised since it was written in 1951, even though nine dams have been 
built and successfully operated in the ACT Basin since then. In other 
words, there is no urgent need to revise the manuals, and doing so 
impacts the water supply of millions of persons in the Southeast. 
Furthermore, this matter is still in Federal court, and allowing the 
corps to revise these manuals now will interfere with ongoing 
litigation.
  Mr. Chairman, we have tried to work this issue out with the corps 
directly. On April 14, 2005, the entire Alabama delegation sent a 
letter to Lt. Gen. Carl Strock, Commander of the U.S. Army Corps of 
Engineers, asking that he explain the corps' actions in this matter. In 
response, on April 26, 2005 Assistant Secretary of the Army for Civil 
Works John Woodley wrote that the corps ``will withdraw and disclaim 
any intention to re-evaluate or update the relevant operating 
procedures and manuals until all relevant litigation has concluded, or 
the three States' Governors reach an agreement.''
  However, Mr. Chairman, after that, the corps did not hold to their 
commitment. In a letter to Governor Bob Riley of Alabama, dated January 
30, 2006, Assistant Secretary Woodley stated that since the relevant 
litigation has concluded, the corps will now begin revising its 
manuals. This litigation, however, is not concluded. My understanding 
is that the ACF litigation has been appealed, and the ACT litigation is 
still actively underway.
  Mr. Chairman, if the corps' manuals revisions are allowed to go 
forward, it will cause great harm to the State of Alabama. We will have 
inadequate water for drinking, power generation, navigation, 
recreation, and wildlife. For this reason, it is essential all three 
States come to a mutual equitable water sharing agreement. It is not 
appropriate for the corps to unilaterally step in and decree water 
distribution without the approval of all three States.
  With all due respect to Mr. Deal's concerns, I must ask for a ``no'' 
vote in the amendment.

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