Federal Government would take supremacy over California Water Rights

As Chairman of the Water and Power subcommittee, Congressman Tom McClintock of the Northern California’s District 4 developed a bill with his Republican committee members and brought it to the House floor for a quick discussion and vote.

     McClintock’s bill steps way beyond established water rights in California and asks to give the Secretary of Interior, a Federal Agency, authorization to issue water contracts and to give that agency  “supremacy” instead of the Bay-Delta Planning Commission.

    This will be a first – the Federal government having supremacy over the State’s Rights to manage their own water. 

    Water is unique to the local environment and essential to the community around that water, therefore water has always been a matter held by the State.  But HR 1837 introduced by McClintock will make California the first exception.

    Back in December 2010 when the Republicans took control of the House, McClintock was appointed to Chair the Natural Resources subcommittee, Water and Power. 

    That's when Westlands Water District, which consume more than 700,000 acre feet of the water pumped out of the delta, refused to agree to "not sell" the water they were given and walked away from California’s Bay-Delta Plan only turn to McClintock’s committee along with $14,575 in campaign contributions 

    McClintock held his first committee meeting on February 2, 2011 but it did not go well.  Newly elected Congressman John Garamendi from Walnut Creek also new to the Subcommittee was familiar with the Delta issues back when he served as Deputy Secretary of the U.S. Interior Department during Clinton’s administration. 

    Garamendi exploded, questioning McClintock’s logic in presenting a bill like this that would undermine his own district's “Water of origin rights."  He repeatedly asked McClintock if the people in his district knew what he was doing.

    McClintock whose district includes one-third of Northern California’s Watershed for the Bay-Delta water pulled the Bill back for reconsideration and on February 29 presented the Bill again.  But this time he brought it to the House floor for a 30 minute discussion and quickly voted on it. 

    McClintock tried to reassure Garamendi and other members of the House that California will ‘not lose their water rights.’  McClintock emphasized the Bill’s words that says the Secretary (Federal Level) will oversee “Long-Term” water contracts “Under the terms and conditions mutually agreeable to the parties.” 

But who are the agreeable parties?  According to McClintock’s own words the water contract “is negotiated anew between the government and the contractor.” 

    Section 4 (1) of the Bill specifically says “The Federal Government, require assertion of Federal supremacy to protect existing water rights throughout the system.”  That leaves  California out of the “mutually agreeable” part.  Would California really want someone in Texas or Georgia deciding California’s water rights? 

    McClintock’s efforts to fight for the Kern and Kings county farmers are not going unrewarded.  McClintock received more than $12,000 in campaign donations from Fresno County and an additional $11,475 in the last couple of months from the Crop Production Industries based in Westland Water District, according to OpenSecrets.org.

    Since this is such an unprecedented step to take water rights from the states, Subsection (2) was added: “These circumstances are unique to California.  Therefore nothing in this act shall serve as ‘Precedent’ in any other state.”

    This statement gave little reassurance to five other states that border the Colorado River.  They sent “Letters of Objection” to be added to the long list of letters already attached to the bill, which include every Northern California county and the hundreds of Northern California Agribusinesses that will be impacted by this bill.

    Not only would the bill give California’s water rights away, it would also give the Kern and King County water districts 40% of the delta water right off the top, leaving the Northern counties struggle with any environmental issues and Northern California agribusinesses to fall victim to the demands of the Tracy pumps. 

    The Bill sits in the Senate and Republican Senators are talking about attaching it as an amendment to another bill to get it passed.