[Congressional Record (Bound Edition), Volume 152 (2006), Part 18]
[Extensions of Remarks]
[Pages 23061-23062]
[From the U.S. Government Publishing Office, www.gpo.gov]




              SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT

                                 ______
                                 

                         HON. DENNIS A. CARDOZA

                             of california

                    in the house of representatives

                      Wednesday, December 6, 2006

  Mr. CARDOZA. Mr. Speaker, after 18 years of litigation, the Friant 
Water Users Authority, the U.S. Bureau of Reclamation and the Natural 
Resources Defense Council, NRDC, in November reached a settlement 
agreement to restore the San Joaquin River. This historic agreement 
resolves the lengthy and costly litigation issues that created an 
atmosphere of uncertainty for the Friant Authority and the growers that 
rely upon Friant for their water supply.
  I rise today in support of the settlement agreement and in support of 
H.R. 6377, the San Joaquin River Restoration Settlement Act. This 
legislation not only sets out a course for the implementation of this 
historic agreement, but it also resolves issues that are crucial to my 
constituents in California's 18th Congressional District. Without this 
legislation, the settlement could result in significant costs--in the 
millions--for downstream landowners and flood control operations, and 
also would have untolled impacts on water delivery systems for the 
State of California. The release of water to restore the river would 
have a domino effect downstream--from flooding, water table impacts, 
impacts on farmland and crops near the river, Endangered Species Act 
impacts and resulting water supply impacts to Delta water exporters--
Central Valley and State Water Project contractors--and upon San 
Joaquin River tributary agencies--Merced, Turlock, Modesto, Oakdale and 
South San Joaquin Irrigation Districts.
  This legislation ensures that the release of restoration flows down 
the San Joaquin River will not transfer impacts downstream. After weeks 
of negotiations with the impacted parties, Senator Feinstein and my 
other Valley congressional colleagues, I am pleased that we were able 
to come to an agreement on language that would allow the settlement to 
go forward, while at the same time protect the water rights and 
property rights of those not party to the litigation. Specifically, the 
language provides that the resulting spring run salmon population would 
be considered an ``experimental population'' and therefore not subject 
to the terms of the Endangered Species Act if the salmon migrate from 
the San Joaquin to its tributaries to the State or Federal export pumps 
in the San Francisco Bay Delta. This language will protect CVP and SWP 
contractors as well as Merced, Turlock, Modesto, Oakdale and South San 
Joaquin Irrigation Districts from water supply impacts.
  This legislation also allows the settlement to go forward with a 
phased-in approach, requiring the Bureau to conduct a feasibility study

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on the issues of costs and impacts and mitigation of the various 
options to release restoration flows. No water, other than test flows 
and minimum restoration flow levels, will be released until a 
feasibility study and mitigation plan for property is completed.
  The settlement agreement's two goals of restoration and water 
management are equal goals. In order for this settlement to be 
successful, it is crucial to have the continued support of the Friant 
Water Users. Meeting the water management goals of the settlement, with 
the Bureau developing an effective recirculation plan with excess 
pumping capacity and a recovered water account to mitigate a 
substantial portion of the water losses to Friant districts, is the 
best path toward this success. Successful implementation also dictates 
that funding is provided to meet both of these goals.
  I remain committed to continuing to work with my Valley congressional 
colleagues, Senators Feinstein and Boxer, the settling parties and 
third parties to ensure that this legislation and the settlement 
agreement are implemented consistent with these goals.

                          ____________________