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integrated management approach for the use of Section 3406(b)(2) 

 water. Using the authority in the CVPIA, we prepared a plan 

 which will enable us to meet fish flow requirements and the needs 

 of our customers. This approach has permitted us to apply the 

 available maximum of 800,000 acre feet of dedicated water, and 

 obtain additional water using monies available from the 

 restoration fund. We are currently meeting the fish flow 

 requirements and intend to allow remaining water to be used for 

 other project purposes. The Department, by taking these 

 administrative actions, can achieve the results sought in H.R. 

 1906. 



The Department does not, however, agree with many of the 

 provisions of H.R. 1906 which we believ6, if enacted, would 

 jeopardize the consensus reached in water policy in California. 

 For example, we oppose the provision in paragraph (4) on page 3 3 

 of H.R. 1906 which would make all taxpayers — as opposed to only 

 the Central Valley Project beneficiaries — pay the costs 

 associated with the delivery of water to refuges. We believe 

 that those who benefit from the Central Valley Project should 

 bear the mitigation costs. 



The Department opposes provisions in Section 3 which would 

 eliminate all environmental restoration goals for striped bass, 

 sturgeon and American Shad. All are important to the commercial 

 and sport fisheries industries, and important indicators of the 

 overall health and productivity of the ecosystem. 



The Department also opposes provisions in H.R. 1906 which 

 would cap at 340,000 acre feet the instream flows of the Trinity 

 River. In addition. Section 6 would subject future flow decisions 

 based on the U.S. Fish and Wildlife Service's Trinity River Flow 

 Evaluation Study to another formal rulemaking. The Department 

 already has a public process underway. We are nearing completion 

 of the Trinity River Flow Evaluation Study evaluating the fish 

 and wildlife needs and instream flows in the Trinity River. Once 

 the study is completed, the Department, based on scientific 

 evidence, will be in a position to evaluate how much water is 

 needed in the Trinity River. An additional rulemaking will add 

 an unwarranted and costly level of review to a process that has 

 enjoyed and continues to enjoy tremendous public participation, 

 and that will be subject to additional public involvement over 

 the coming months as we prepare a full environmental impact 

 statement. 



The Department has been taking the necessary steps to 

 implement the CVPIA. The Department also has responded to water 

 users' concerns by making appropriate administrative changes and 

 is willing to continue to meet with stakeholders to make 

 additional changes. We survived the fourth worst drought in 

 history while the CVPIA was in-place. We are now in an era of 

 surplus and the CVPIA continues to work. At this juncture we see 



