CA
California Water: Senator Feinstein Urges Passage of Measure to Facilitate Additional Water Transfers in Drought-Stricken Central Valley
Author: Sen. Dianne Feinstein's office
Published on Nov 6, 2009 - 6:19:09 AM

Washington, DC November 5, 2009 – At a Senate hearing today, U.S. Senator Dianne Feinstein (D-Calif.) urged swift passage of a measure to facilitate additional voluntary transfers of up to 250,000 to 300,000 acre-feet of water in California's drought-stricken Central Valley. Senator Feinstein spoke in support of the bill, which she has introduced with Senator Barbara Boxer (D-Calif.), at a hearing of the Senate Energy and Natural Resources Subcommittee on Water and Power.

The Feinstein-Boxer bill (S.1759) would grant new authority to the Bureau of Reclamation to approve additional water transfers between sellers and buyers in the San Joaquin Valley. The measure also would simplify and expedite environmental reviews for all Central Valley water transfers. The measure is designed to reduce unnecessary delays in water transfers at a time when Central Valley farmers have been hard hit by a three-year drought.

Following is the statement delivered by Senator Feinstein at this afternoon's subcommittee hearing:

"Chairman Stabenow, Ranking Member Brownback and Members of the Subcommittee, let me thank you for holding a hearing on the ‘Water Transfer Facilitation Act.'

This bill, which is cosponsored by Senator Boxer, would facilitate additional water transfers of up to 250,000 to 300,000 acre-feet in California's Central Valley – which has been particularly hard hit by the prolonged drought. It does so by granting new authority to the Bureau of Reclamation to approve voluntary water transfers, and by simplifying and expediting environmental reviews for all Central Valley water transfers.

I believe that it's a reasonable and timely way to mitigate the most important impacts of the water crisis.

California is in the third year of a prolonged drought, primarily caused by depleted seasonal rainfalls. Right now, key supply reservoirs are at 42 percent of capacity. And the forecasts for next year's runoff are very uncertain and not good.

At the same time, restrictions have been put in place that limit how much water can be sent south through the Sacrament-San Joaquin Delta pumps, because of concerns about endangered and threatened species in the Delta.

This summer, agricultural users on the west side of the San Joaquin Valley – these are the most junior water rights holders – received only 10 percent of their allocation from the federal Central Valley Project, that's the lowest ever in history.

This week, California legislators finally approved a viable water bond and a package of bills to address the water infrastructure problems of the State. That's a breakthrough, but it's going to take time. The Valley can't wait for a long-term solution.

The one thing we can do, I think without litigation or harassment, in the short-term is facilitate voluntary water transfers, moving water from those regions in the Valley, generally on the east side, that have extra water to those that need it most. Generally on the west side.

This past summer, some water users in the San Joaquin Valley received their full allocation of federal water, while others, particularly those on the west side, had to fallow fields and cut down trees because there wasn't enough water to sustain crops. Westlands Water District, for example, serves more than 500,000 acres of some of the most productive farmland in the country, but more than 220,000 acres were fallowed last summer.

To date, the Bureau of Reclamation has authorized transfers of 600,000 acre-feet of water around the Central Valley – but more could have been available had the agency developed a more efficient process for considering and approving voluntary transfers.

And that's what this bill would do.

There are three key parts to the legislation.

The first provision would provide new authority for the Bureau of Reclamation to permit San Joaquin Valley water transfers. It removes two restrictions from the CVPIA (Central Valley Project Improvement Act) for transfers of water. Those restrictions unnecessarily limit the amount of water people could transfer even if they were all in the San Joaquin Valley, or within the same Division of project contractors.

This legislation eliminates those obstacles, and allows these transfers to occur, provided all the other conditions in the CVPIA and other environmental laws are met. These conditions are already waived for transfers within the same watershed.

The Bureau estimates that this first provision could make up to 100,000 or 150,000 acre-feet of water available for transfer.

The second key provision directs Interior to facilitate transfers throughout the Central Valley by doing programmatic environmental review, rather than individual review on each transfer, which only holds everything up. If you can evaluate it environmentally as a program, that makes the best sense.

This past year, the process was so complicated and uncertain that many water users didn't apply for transfers. We need to ensure that willing sellers are not kept from willing buyers by red tape. The Bureau has already committed to address this. This bill ensures that it does so expeditiously without waiving any environmental laws.

Water users and Reclamation estimate that this provision could facilitate up to 150,000 or 200,000 acre-feet of transfers each year.

The third and final provision requires the Department to make recommendations on how to facilitate future water transfers more efficiently and expeditiously.

Now, I know that transfers alone cannot provide the entire solution – they are costly, and they are still constrained by pumping restrictions, state law, and the very real limits of our water supply infrastructure.

Yet I believe this legislation will provide some much needed help at a time of great hardship and controversy.

It is supported by many water users – and I ask that their letters of support be included in the record. These include:

· The San Luis Water District,
· The Conway Preservation Group,
· Westlands Water District,
· Reclamation District 2035 (Woodland, CA),
· The Association of California Water Agencies,
· The San Joaquin River Exchange Contractors,
· The San Luis & Delta-Mendota Water Authority,
· The Banta-Carbona Irrigation District,
· The Northern California Water Association,
· The Tehama-Colusa Canal Authority,
· Friant Water Users Authority, and
· The Glenn-Colusa Irrigation District.

Just to conclude, this bill is, in my view – after spending a great deal of time on this and other water areas in California – the most prudent thing we can do handle a problem that be more exacerbated next year. It's viable, it's voluntary transfers. It's for people who have enough water who are willing to transfer it to those who do not.

So, there should be no objection to this legislation. It's a very practical, no-nonsense way to facilitate water use in a Valley that's really hard-pressed.

Thank you."

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