44 



Mr. Beard. No. I think that during the three-year period the 

 State Water Resources Control Board is going to take certain ac- 

 tions which are going to — at least everybody is anticipating — im- 

 pact the system and the use of the 800,000 acre feet. 



Mr. DOOLEY. Well, I guess this is where a lot of us are strug- 

 gling. When we look at which issues can be handled administra- 

 tively versus which need to be handled legislatively, obviously, we 

 have an issue here where we are going to have some disagreements 

 of opinion. And it cannot be — I guess some people would argue — 

 clarified by the underlying legislation, the CVPIA. Some of us think 

 it is because of a lack of reflection of the report language. 



Even if the Bureau issued an opinion that was consistent with 

 what is in the Bay-Delta Accord, there is still the potential for 

 problems because of the lack of specificity in the underl3dng legisla- 

 tion. You could be subject to litigation by the environmental com- 

 munity, for example, could you not? 



Mr. Beard. Yes. We have been sued a number of times already. 



Mr. DoOLEY. Well, and I guess that is where I have a difficult 

 time understanding why the Bureau is not supportive of actions by 

 Congress to clarify and remove some of the ambiguity of that 

 800,000 acre feet. 



Mr. Beard. Well, I think the fairest thing to say. Congressman, 

 is that I honestly don't think we have enough information to know 

 what kind of changes we would recommend to you be made or if 

 any changes should be made at all. 



As I said, we have developed a process to go through this year, 

 and we have outlined a procedure for the next three years. We 

 have made certain commitments about how we will approach it 

 through the Bay-Delta Accord with the agreement of the state. The 

 State Board is now in the process of looking at the possibility of 

 other stakeholders, or-^vater right holders I guess would be a better 

 way to put it, participating with the Federal project and state 

 project. 



And that is going to change the landscape — ^the actions of the 

 State Board will. So at the end of this three-year period under the 

 Bay-Delta agreement, we are all going to be looking at a different 

 landscape than we have today. I think we will have a better idea 

 at that point as to what the impacts will be on each individual 

 class of user. 



There is an assumption that is made by some people that 

 800,000 acre feet comes from agriculture and it comes every year. 

 That isn't the case. This year we know, to meet the goals outlined 

 in the Act, we are going to need less than 800,000 acre feet. The 

 real difficulty comes in a dry year. The question, then, is who is 

 impacted and who is going to contribute. Aiid the landscape we will 

 deal with in three years is going to be different than the landscape 

 we will deal with today. 



Mr. DOOLITTLE. Mr. Pombo is recognized. 



Mr. Pombo. Thank you. There is something you said, Mr. Beard, 

 that I am a little bit confused on. You said that this is the first 

 year that you have implemented the 800,000 acre feet and that 

 previously to this you were unable to do that. But last year I was 

 told that you were keeping 200,000 acre feet in New Melones be- 

 cause of the CVPIA requirements on the 800,000 acre feet. 



