[Congressional Record Volume 156, Number 40 (Thursday, March 18, 2010)]
[House]
[Pages H1613-H1616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INLAND EMPIRE PERCHLORATE GROUND WATER PLUME ASSESSMENT ACT OF 2009
Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4252) to direct the Secretary of the Interior to conduct a
study of water resources in the Rialto-Colton Basin in the State of
California, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4252
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inland Empire Perchlorate
Ground Water Plume Assessment Act of 2009''.
SEC. 2. RIALTO-COLTON BASIN, CALIFORNIA, WATER RESOURCES
STUDY.
(a) In General.--Not later than 2 years after funds are
made available to carry out this Act, the Secretary of the
Interior, acting through the Director of the United States
Geological Survey, shall complete a study of water resources
in the Rialto-Colton Basin in the State of California (in
this section referred to as the ``Basin''), including--
(1) a survey of ground water resources in the Basin,
including an analysis of--
(A) the delineation, either horizontally or vertically, of
the aquifers in the Basin, including the quantity of water in
the aquifers;
(B) the availability of ground water resources for human
use;
(C) the salinity of ground water resources;
(D) the identification of a recent surge in perchlorate
concentrations in ground water, whether significant sources
are being flushed through the vadose zone, or if perchlorate
is being remobilized;
(E) the identification of impacts and extents of all source
areas that contribute to the regional plume to be fully
characterized;
(F) the potential of the ground water resources to
recharge;
(G) the interaction between ground water and surface water;
(H) the susceptibility of the aquifers to contamination,
including identifying the extent of commingling of plume
emanating within surrounding areas in San Bernardino County,
California; and
(I) any other relevant criteria; and
(2) a characterization of surface and bedrock geology of
the Basin, including the effect of the geology on ground
water yield and quality.
(b) Coordination.--The Secretary shall carry out the study
in coordination with the State of California and any other
entities that the Secretary determines to be appropriate,
including other Federal agencies and institutions of higher
education.
[[Page H1614]]
(c) Report.--Upon completion of the study, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report that describes the results
of the study.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and the gentleman from California (Mr. McClintock)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Guam.
General Leave
Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. Mr. Speaker, H.R. 4252, introduced by our colleague,
Representative Joe Baca of California, would authorize the Secretary of
the Interior, acting through the United States Geological Survey, to
study the health and quality of the aquifers in the Rialto-Colton
Basin. This includes a study of any perchlorate concentration plumes
within an aquifer and its possible contamination of other nearby
aquifers.
{time} 1445
The ground water constitutes about 79 percent of the drinking water
supply in the entire Inland Empire area of California, and it is, as
such, critical to understand any threats posed by contamination to this
supply.
Mr. Speaker, I ask my colleagues to support passage of H.R. 4252.
I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this well-intentioned bill tries to force the
administration into making ground water cleanup in the Rialto-Colton
Basin of California a priority. Everyone acknowledges that this bill is
a restatement of current law, and that new funding is not authorized in
this bill, but we all understand what the gentleman from California is
trying to accomplish and, in the spirit of bipartisanship, Republicans
supported his efforts in the Natural Resources Committee.
But I need to point out that this bipartisan gesture continues to go
unreciprocated. We've been trying in vain for months now to get the
same kind of bipartisan cooperation to restore full water deliveries to
the Central Valley of California. The valley's economy has been
devastated by the diversion of 200 billion gallons of water in order to
dump that water into the Pacific Ocean to serve the left's pet cause,
the 3-inch Delta Smelt.
Apologists for this policy argue that, well, it's the drought. Well,
they ignore the fact that the drought we've had is a relatively minor
one by historical standards, it appears to be over, and that in far
more severe droughts in the past, far more water has reached the
Central Valley. But that's before the environmental left took over our
water policy and diverted 200 billion gallons of that water into the
Pacific Ocean.
It's unfortunate that the majority actually rewrote this bill
specifically to keep us from offering amendments that would address the
agony of the Central Valley.
Time and again, the majority, using parliamentary gimmicks, has
prevented any attempt to restore normal water deliveries to the San
Joaquin Valley.
By the Obama administration's own numbers, it spent about $1.5
billion as part of the so-called ``stimulus'' in the Central Valley's
six Congressional districts to save or create 1,600 jobs.
Well, today Congress has the power to restore tens of thousands of
jobs lost because of water diversions at no cost to taxpayers. This
House is in possession of a bill to do just that, H.R. 3105, by my
colleague, Congressman Nunes. But still it studiously avoids exercising
that power because this administration and this majority in Congress
have chosen fish over people.
Farmers in the San Joaquin Valley are now faced with making planning
decisions. Despite near record precipitation in the northern Sierra
watershed--NOAA this week reported that precipitation is now 129
percent of normal--the Department of the Interior has just announced
Central Valley farmers will be guaranteed only 25 percent of their
normal allocations. Let me repeat that so it sinks in. Precipitation is
129 percent of normal; guaranteed water delivery is 25 percent of
normal.
Even Senator Feinstein tried to give the farmers a 40 percent water
allocation, yet that effort has been opposed by the environmental left
and its friends in Congress.
Perchlorate contamination in the Inland Empire is the indirect result
of Federal policy, and the Federal government has a responsibility to
assist the people of the Inland Empire with cleanup. But the agony of
California's Central Valley is the direct result of policies that
Congress could change in this very bill. It's disappointing to me that
the majority chooses not to do so. I think it makes a mockery of any
claims of bipartisanship, although we once again extend that offer of
bipartisanship by supporting this bill, and invite the majority to join
us.
I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I yield to the gentleman from California
(Mr. Baca) such time as he may consume.
Mr. BACA. Mr. Speaker, I rise today in strong support of H.R. 4252,
the Inland Empire Perchlorate Ground Water Plume Assessment Act to
direct the Secretary of the Interior to conduct a study of water
resources in the Rialto-Colton Basin in the State of California, and
for other purposes.
I would like to also thank Chairman Rahall and Ranking Member Doc
Hastings, and my good friend, chairwoman from the Water and Power
Subcommittee, Grace Napolitano, and the ranking member, my good friend
from the State of California, Representative Tom McClintock, for their
support of this legislation.
And I want to thank Representative Bordallo from Guam for speaking in
support of this much-needed legislation.
I also want to take the time to thank my colleagues in the House of
Representatives for their bipartisan support on an important bill, not
only the Inland Empire, but it will also give us a study in terms of
the effects it has on many cities too as well.
In addition, I want to commend the city of Rialto and the Perchlorate
Task Force, city Councilman Ed Scott and Rialto Mayor Pro Tem Joe Baca,
Jr., for their hard work and dedication in protecting families.
The city realizes that the water from over 20 wells was contaminated
by perchlorate. I state, 20 wells were contaminated by Perchlorate.
Perchlorate is a rocket fuel additive, an unstable organic compound
that has been found to be harmful to humans because it interferes with
the thyroid function. And you know when it interferes with the thyroid
function it affects many women and others in that area.
I'm very familiar with the water contamination. My family lives in
the city of Rialto. My children, my friends and close neighbors know
what it's like to live with water that is contaminated.
When we first learned that our water was not safe to drink, we were
all very much scared in terms of the water and the quality that came
out and the neighbors and the people in that area. We wondered how long
this water was bad. We worried about the damage caused by poor quality
water. We were nervous because we drank the water, cooked with the
water, bathed our children with the water.
Therefore, I drafted this bill to make sure that other families and
neighboring cities will not have to suffer or have that kind of fear.
This bill is requesting that the plume in the Rialto-Colton basin is
studied, and I state studied. Plumes are underground pockets of water,
and some are pools of water. Some travel like underground rivers.
In Rialto, the plume has perchlorate in it. We know that the water in
this plume is moving. The contaminated water is traveling underground.
We don't know how big it is or how fast the water is moving. We need to
know more about the plume to permanently the fix the problem.
The research established by the study in H.R. 4252 will guarantee
that the problem will be identified. A study by the U.S. Geological
Survey is not something done lightly. It is an intense research
endeavor.
[[Page H1615]]
As the Nation's largest water and earth and biological science and
civilian mapping agency, the U.S. Geological Survey collects, monitors,
analyzes and provides scientific understanding about the nature of the
resource, the conditions, the issues, and the problems. The diversity
of the scientific experts enables them to carry out large-scale
investigations and provide impartial scientific information to resource
managers, planners, and other customers.
As an unbiased science organization that focuses on biology,
geography, geology, and water, they are dedicated to the timely,
relevant, impartial study of the landscape, our national resources, and
the natural hazards that threaten us.
The USGS study will reduce the perchlorate problems in my area that
have caused heartaches, frustration, and fear. Fortunately, under the
city council of Rialto's zero tolerance policy, the city does not blend
any detectable level of perchlorate into the water system. They are all
making sure that water is safe by conducting well-head treatment.
But what about the cities that do not have the policies or the
treatment facilities to clean their water? How will those people be
affected? How will the children be affected--how will those be affected
by it?
We are very familiar with the wealth of water problems in California,
as described by my colleague on that side, not only in the northern
portion of California, where water is very much needed in that area.
Apart from those problems, water contamination is one that can be
prevented.
I ask that all Members vote in support of this legislation, not
because it is a California issue, but because it is a national issue
that could impact anyone. It is a way to help correct a wrong and to
prevent further problems.
Commissioner Connor from the Department of the Interior stated that
the directives in this bill are within the USGS's jurisdiction. The
USGS has found that ground water constitutes about 79 percent of the
drinking water supply in the entire Inland Empire. A study by the USGS
is long overdue.
We have learned that perchlorate contamination began in 1940 through
the actions of the U.S. military and continued to 1960 through the work
of U.S. defense contractors, and was made worse by fireworks companies.
Some cities in the area discovered the high level of perchlorate
contamination in drinking water in 1996. Since that time the USGS has
not made the plume a priority. I state: It has not made the plume a
priority.
Water managers need to know the source, and the fate, and the
transportation of perchlorate within the Rialto Colton Basin and the
adjacent basin in order to effectively mitigate the contamination. That
is why I drafted this bill. That's why I'm grateful that we are here
today.
In the administration's written statement regarding this legislation,
they indicated that the citizens relying on water from the Rialto-
Colton Basin would have to compete with other administrative priorities
for funding.
The message you will be sending to USGS by voting in support of this
study will be that families deserve clean drinking water throughout our
country, and especially those areas like mine that are being affected.
Families that rely on drinking water from the tap should not have to
drink contaminated water, or wonder what's going to happen to their
child or fear to give that water to their children or have to go out
and purchase additional water to make sure that the thyroid does not
affect that woman or that child or the individuals in that home.
This is a national issue, and it's a basic right for our citizens and
their families. When someone has contaminated the only source of
drinking water for the community, this issue becomes a national issue.
These families should not suffer from health problems associated with
perchlorate. It is common knowledge that perchlorate affects the
thyroid in our body. Women and infants are at greatest risk.
I want to let you know the hardship faced by people living in the
area and why this bill is important. The people are innocent victims.
Others misused the land and left us with a legacy of contaminated
water.
The families in my area are living under a median household income of
$41,254, very low for the State of California; and 17.4 percent of
these citizens live below the poverty line. People in the area have had
double-digit unemployment rates for many months. This area has ranked
in the top five consistently for having the highest foreclosure rate.
These families already shoulder too much of the cost associated with
trying to find a solution.
H.R. 4252 moves beyond finding those at fault. We need to know and
fully appreciate the extent of the damage. We must do this to help
isolate the problems and prevent other cities from suffering.
The contamination plume is moving and many other areas will suffer.
The hot spot for contamination is in Rialto, California, which has an
area that in 2009 was designated as a Superfund site. That shows how
bad the problem is because it is very difficult to obtain this
designation.
This Superfund designation will help take care of the hot spot. But
what about the water traveling? What about the water traveling
underground in the plume?
{time} 1500
What about other cities that are impacted? What about my neighboring
city and the City of Riverside? The contamination is spreading and no
one knows exactly how much of the contamination is moving or where
exactly it is going. The well-head treatment alone will not solve the
problem because of the contamination in the ground.
The Rialto-Colton basin has a plume that is contaminated by TCE,
perchlorate, and other harmful chemicals. Without treatment, the water
is dangerous. I fear for the communities that do not have well-head
treatment facilities. The study will identify the extent of the damage
underground.
The bill does not violate PAYGO. I state the bill does not violate
PAYGO requirements, but serves to notice and highlight that there is a
plume in the Rialto-Colton basin that must be reviewed. We have an
opportunity to be proactive. Your vote in support of this bill is
proactive and will help families.
Again, I want to thank Rialto City Council member Ed Scott for coming
in September of 2009 to testify in support of H.R. 4252. He spoke not
only for his residents in the city of 96,000 people, but also
approximately 400,000 residents who reside in the neighboring cities
that are affected by the chemicals which have polluted the Rialto-
Colton basin.
I want to thank the Association of California Water Agencies for
writing a letter in support of the legislation. What we learn from the
study in H.R. 4252 will help other areas where there is the hardship of
perchlorate. There are many States who have perchlorate issues. This
study will help them be aware of what could be happening underground.
I urge my colleagues to support H.R. 4252.
Mr. McCLINTOCK. Mr. Speaker, I yield whatever time he may consume to
my friend and colleague representing the Central Valley of California
(Mr. Nunes).
Mr. NUNES. Mr. Speaker, I want to make sure that we have a clear
record of what has happened in the House of Representatives regarding
what is now called H.R. 4252. This bill actually was originally called
H.R. 2316, and it was marked up in the Resources Committee and then
altered later. Now, why did that happen? It happened because the
Democratic majority cares about clean drinking water for their
constituents, but could care less about providing water to the San
Joaquin Valley of California.
So I really enjoy hearing people come down here and cry about how
they have contaminated drinking water. And I would only say that there
is one thing worse than contaminated drinking water, and that is having
no water. What has really happened here is that the radical left and
the radical environmental group has taken over the entire Democratic
Party, so much so that they won't even allow free and fair and open
debate on not only an easy California water bill, because they are
afraid to have to actually consider any amendments, but they are also
doing the same thing on the government takeover of health care bill, to
[[Page H1616]]
where they are going to try to deem a bill passed mysteriously.
This is a terrible abuse of power. It is a terrible facade that is
being put up saying that people need clean drinking water. I don't have
a problem with people having clean drinking water. I think this is a
noble bill, a noble cause. But you should not choose some constituents
in California over an entire valley in California that has 3 million
people and hundreds of thousands of acres of farmland that has been
idled to the point where tens of thousands of farm workers have been
thrown out of work because the Democrats in this body choose to do
funny little things and change bills like this, change the numbers and
think that the American people won't figure out the games that you guys
continue to play on that side.
The more that you play little games like this, the more that you play
little tricks like this, the more that myself and other colleagues of
mine will come down here and point out the hypocrisy of the Democrats
in the majority.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Weiner). Members are reminded to direct
their remarks to the Chair.
Mr. McCLINTOCK. Mr. Speaker, in closing, I will simply appeal again
to the majority, water might be controversial, but it needn't be
partisan. We have done everything we can in good faith to support this
bill for clean drinking water for Rialto and Colton. We would ask the
majority again to reconsider its opposition to restoring the full water
entitlement to the Central Valley. Again, there is something
desperately wrong with our public policy when we are at 129 percent of
normal in our Sierra precipitation and yet only 25 percent of the water
deliveries to the Central Valley.
With that final appeal for bipartisanship, I yield back the balance
of my time.
Ms. BORDALLO. Mr. Speaker, I again urge members to support the bill,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules
and pass the bill, H.R. 4252.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________