43 



There are three things that we will be watching for. First, a clear 

 set of criteria that guide district decisions; second, an appeal proc- 

 ess to the Secretary of Interior; and the third thing is to create 

 some sort of mechanism through which the district must create a 

 district transfer program if its landowners want to. 



And we think that those kinds of changes if handled appro- 

 priately could result in a more effective transfer mechanism than 

 we have right now considering the controversy surrounding the 

 Areias dairy farms transfer. 



Mr. Radanovich. OK. Thank you, Mr. Chairman. 



Mr. DOOLITTLE. Thank you. Mr. Dooley is recognized. 



Mr. Dooley. Thank you. Mr. Beard, I would like to just address 

 some of the issues associated with the clarification of the 800,000 

 acre feet and its disposition. Would you agree that H.R. 1906 in its 

 clarification of the 800,000 acre feet is fairly consistent with the 

 way that the 800,000 acre feet was accounted for in the Bay-Delta 

 Accord? 



Mr. Beard. I am not sure that I can answer that question be- 

 cause I am not altogether sure that we have in practice developed 

 the knowledge that we need to be able to say with any specificity 

 how the 800,000 acre feet has been used. I think it is fair to say 

 as you look back on what has happened, it is important to give a 

 little bit of history. I think it helps to put this issue in perspective 

 because there is no issue that is more controversial. 



The legislation was passed in October of 1992. The first year, 

 1993, that we had to operate under this, frankly, was a dry year, 

 and it was a year in which everybody was racing around trying to 

 figure out what was in the bill and who was going to do what and 

 how they were going to do it. 



In 1994, we were enjoined from implementing the 800,000 acre 

 feet provisions as a result of a Court action so that this year is the 

 first year we have even had an opportunity to address the issue of 

 how we would approach the 800,000 acre feet with any specificity. 

 And I really think that is an important provision, and we have 

 been working with the stakeholders involved. 



We believe we have a process laid out on how we are going to 

 try to address the 800,000 acre feet. It is a process that is fair, and 

 it is one that will give people the information they need when they 

 need it. The Fish and Wildlife is going to determine the necessary 

 flows that they need to meet the goals of the Act. In April of each 

 year, the Department will determine the type of water year that 

 we are having and as a result, what we need for carryover storage 

 and anticipate 



Mr. Dooley. I would just interrupt, because I guess I was under 

 the assumption that there was a general consensus about the 

 800,000 acre feet. It was a part of the Bay-Delta agreement and 

 was consistent with the position that it would be inclusive of obli- 

 gations by the Central Valley Project of ESA and clean water 

 standards. Was that not your interpretation, Mr. Beard? 



Mr. Beard. Yes. For the life of the agreement. 



Mr. Dooley. And how long is that? 



Mr. Beard. Three years. 



Mr. Dooley. And are you saying that the Bureau then has not 

 adopted that beyond that three years? 



