RBOC on July 10 is renewing our May 18 call-to-action urging California Boaters to contact their representatives in the US Senate and US House of Representatives as soon as possible, urging them to vote against a new “rider” that would prevent judicial review of the RBOC-opposed California. WaterFix [twin tunnels].
RBOC is concerned that the proposed prohibition against federal and state judicial review of the environmental provisions of the California WaterFix would be contrary to important, long-standing state environmental laws and policies. The California WaterFix should not have a special exception to these laws.
To email Senator Feinstein: click here [Please note the Senator's opposition discussed below]
To email Senator Harris: click here
To find and contact your representative in the US House of Representatives: click here
Senator Feinstein's Opposition Position
RBOC acknowledges and appreciates the opposition position to the rider that Senator Feinstein has stated in her June 22 response to RBOC President John Marshall:
Dear John:
Thank you for contacting me regarding a proposal to waive all federal and state environmental laws and judicial review for a water project planned for the Sacramento-San Joaquin Delta, which is one of the largest estuaries in western North America. I recognize that the Delta is both an incredibly rich, sensitive ecosystem and important water source for many California communities. I appreciate hearing from you, and I welcome the opportunity to respond.
Please know that I share your strong opposition to a provision in House appropriations legislation that would waive all federal and state laws and judicial review for the proposed California “WaterFix” project. The WaterFix is a complex proposal that is estimated to cost $17 billion. I do not have a position on the project itself, but I strongly believe that it should be subject to the full scrutiny of federal and state environmental laws and the independent judiciary.
As you may know, the WaterFix project would authorize the building of twin tunnels to move water from the Sacramento River to the State Water Project and Central Valley Project’s pumping plants, commonly referred to as the Jones and Banks pumping stations. From there, the water would then travel through the California Aqueduct, Delta Mendota Canal, and other facilities to be pumped to central and southern California. For more information on the proposed project, you may wish to visit: www.californiawaterfix.com
I appreciate learning of your opposition to this appropriations rider, and I will continue to monitor the status of the WaterFix proposal. As a member of the Senate Appropriations Committee, I will keep your comments in mind as the federal funding process moves forward
Once again, thank you for writing. Should you have any other questions or comments, please call my Washington, D.C., office at (202) 224-3841 or visit my website at feinstein.senate.gov. You can also follow me online at YouTube, Facebook, and Twitter, and you can sign up for my email newsletter at feinstein.senate.gov/newsletter.
Best regards.
Sincerely yours,
Dianne Feinstein
United States Senator
More Information on the Rider
The rider has been introduced by California representative Ken Calvert [R-Corona]. It is Section 437 of the US House of Representatives Fiscal Year 2019 Interior Appropriations Spending Bill. It reads:
SEC. 437. Notwithstanding any other provision of law, the Final Environmental Impact Report/Final Environmental Impact Statement for the Bay Delta Conservation Plan/California Water Fix [81 Fed. Reg. 96485 (Dec. 30, 2016)] and any resulting agency decision, record of decision, or similar determination shall hereafter not be subject to judicial review under any Federal or State law.
The passage and enactment of this provision would pre-empt state law and prevent litigation including cases filed pursuant to the California Environmental Quality Act, the California Endangered Species Act, and other laws.
RBOC is concerned that the proposed prohibition against federal and state judicial review of the environmental provisions of the California WaterFix [twin tunnels] would be contrary to important, long-standing state environmental laws and policies. The California WaterFix [twin tunnels] should not have a special exception to these laws.