77 



Mr. Graff. We supported the whole accord including that provi- 

 sion. 



Mr. DooLEY. Then what would you specify as the difference be- 

 tween what H.R. 1906 has in it in terms of 800,000 acre feet and 

 the Bay-Delta Accord? What is the fundamental difference there 

 that would cause you to oppose it in H.R. 1906, but not oppose it 

 in the Bay-Delta Accord? 



Mr. Graff. Well, there are other things that impact the 800,000 

 acre feet besides just the one provision that you are referring to. 

 But the principal difference is that the Bay-Delta Accord has a 

 three-year life, and H.R. 1906 is indefinite. 



Mr. DooLEY. So if the Bay-Delta Accord was for longer than a 

 three-year period, you wouldn't have supported that agreement? 



Mr. Graff. Well, it depends on what the rest of the accord was. 

 That was one of the provisions we gave up effectively in the course 

 of negotiating our part of the accord. We said, "OK. We will agree 

 for the three-year life of this agreement that the dedicated water 

 from CVPIA can be used to meet Bay-Delta standards initially 

 rather than what the law really requires, which is that it go for the 

 primary purpose of doubling," But to make that kind of a conces- 

 sion extend beyond the three-year life cf the accord, it depends on 

 what else is involved. 



Mr. DoOLEY. Mr. Kerry, there has been some references that 

 H.R. 1906 removes some of the minimum water that was going to 

 be provided to refuges that was a part of the CVPIA. Do you think 

 that is a correct statement? 



Mr. Kerry. Yes, it could be because it makes it mandatory that 

 there is a reduction if agricultural 



Mr. DoOLEY. In the CVPIA though, what was the minimum 

 Eonount of water that it ensured that you would get? 



Mr. Kerry. I will turn that over to our Director of Government 

 Affairs for CWA, Bill Gaines. 



Mr. Gaines. In the CVPIA, of course, there is a 25 percent cap 

 on temporary reductions to the refuges of level two water supply. 

 That is correct. 



Mr. Dooley. So in no way does H.R. 1906 reduce the minimum 

 amount of water that was provided in the CVPIA? 



Mr. Gaines. You are correct, that it does not reduce it. That is 

 right. 



Mr. Dooley. OK. Well, the issue is this. 



Mr. Gaines. It doesn't reduce the floor. 



Mr. Dooley. The issue is that in the CVPIA, if there was a mini- 

 mum amount of water, it gave the Secretary the discretion in those 

 years of shortages that he could reduce it 25 percent. The only ab- 

 solute guarantee was the same guarantee of the minimum amount 

 of water that is included in H.R. 1906. So the fundamental dif- 

 ference here is whether the Secretary would be mandated to im- 

 pose a 25 percent reduction when he is reducing water to some 

 other contractor within that same division. 



Mr. Gaines. Right. 



Mr. Dooley. I guess, then, that is an issue where there can be 

 some disagreement. And, in fact, the characterization in the letter 

 that Mr. Miller sent to the President which basically stated that 



