Energy and Water Development and Related Agencies Appropriations Act, 2017

Floor Speech

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Mr. McNERNEY. Mr. Chairman, California, like much of the West, has been enduring a devastating drought. This affects the livelihoods of families, farmers, and small businesses throughout the State.

California's Governor now wants to move forward with something called WaterFix tunnels plan, which will build two massive tunnels to divert water from one part of the State to another.

I agree with every other Californian that we need long-term, statewide solutions to our State's water needs. I agree that there needs to be some level of certainty for the families, farmers, and small businesses about our water supply. To do that, we need to focus on conservation, recycling, reuse, storage, and leak detection and fixing. The WaterFix tunnels do none of these things. It creates no new water at all.

California voters and the State legislature haven't agreed on whether or not to fund this project, which is expected to exceed at least $25 billion, and that cost keeps rising. In addition, the Federal Government is expected to contribute $4 billion.

The cost of this plan is an even more important issue now that the Department of the Interior inspector general has opened an investigation into the possible illegal use of millions of dollars by the California Department of Water Resources in preparing environmental documents for the WaterFix tunnels plan. Instead of funding important habitat improvements, the State administration may be using Federal funds for the tunnel plan that will harm critical habitat for at least five endangered and threatened species.

California needs a water solution for the entire State, not one that is too expensive, doesn't create water, and is potentially the source of misappropriated funds. We have to use the funding for projects that make sense for California, that make California resilient and regionally self-sufficient.

My amendment will ban the government from funding tunnels taking our water, especially while subject to Federal investigation.

Point of Order

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Mr. McNERNEY. Mr. Chairman, my amendment is being raised to raise awareness of a very unjust situation. My amendment would ban Federal funding for debt forgiveness to any entity that has been subject to an order finding a violation of the Securities Act of 1933.

This is timely because there was a hearing yesterday in the Committee on Natural Resources that included two bills that would affirm a drainage settlement between the United States and Westlands Water District. This settlement would award Federal forgiveness to Westlands, which has violated such an SEC order.

These agreements matter because they will result in a $300 million taxpayer giveaway. They also fail to address or solve the extreme water pollution these irrigation districts discharge into the San Joaquin River and California delta estuary.

These settlement agreements do not require enough land retirements and provide more access to water, further draining the delta, and there are no real performance standards or oversight if pollution runoff is mismanaged.

Considering recent news of the SEC fining Westlands due to its conduct in misleading investors about its financial health, the lack of specific performance standards and enforcement tools makes the current settlement terms even more questionable.

My amendment will ban the government from funding the debt forgiveness of these agreements not only because these agreements are bad for California, but no entity should have Federal debt forgiveness when they have violated Federal laws.

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