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The Bay/Delta Agreement 



Regardless of HR 1906's legislative status, the CVP will meet its Bay/Delta water quality 

 obligations (under the Clean Water Act) and its federal and state ESA obligations. In reality, the 

 amendments to the CVPIA will provide a clearer connection between these various mandates by 

 focusing the law and its environmental improvements on upstream and in-refiige envirotmiental 

 improvements and Project operations changes for fish and wildlife benefits (Le., rather than three 

 overlapping mandates, the CVPIA/CVPRA and ESA will get the fish bora and to the Deka, then 

 the Bay/Deka will get the fish raised and through the Deha to the ocean - and the reverse when 

 the fish return) This is an eflFort to focus scarce resources and to speed up implementation of 

 actual protection^ mitigation and restoration activities and programs. 



The proposed legislative changes to the CVPIA are intended to be consistent with 

 environmental itrprovements under the 1 5 December Bay/Deka agreement and more efficient use 

 of finite water and financial resources in the Central Valley. Further, by focusing CVPIA efforts 

 towards identification of key envirotmiental needs (salmon and steelhead runs, for example) and 

 towards timely implementation of programs and activities, it is intended that real environmental 

 inqjrovement will be realized more quickly and efficiently. For instance, by removing the issue of 

 accounting for the 800 ^-'AF fi^om debate, resources can be focused on coordinating CVPIA, 

 Bay/Deka and ESA flov. and timing requirements such that maximum benefit is derived and the 

 water is most efficiently used. 



Furthermore, by focusing "fish doubling" resources on coordinating efforts with the State 

 program (to wiiich all water and power projects in the state are obligated), previously identified 

 mitigation and restoration activities can be immediately implemented rather than waiting for a 

 stand-alone federal program to be developed. Further, many of the "Category ID" actions in the 

 Bay/Deka agreement which provide for upstream protection, restoration or mitigation may be the 

 same as or similar to CVPIA upsi:ream or through-Deha "fish fixes". Again, by targeting 

 resources on "what we already know of and can do", we will be moving closer to the goals of the 

 CVPIA, the state doubling goal and the Bay/Deka agreement with regard to fishery protection, 

 mitigation and restoration. 



800.000 acre-feet of CVP Water 



The criticism that HR 1906 would "define the 800,000 acre-feet out of existence" is based 

 on the notion that the 800 KAF should not be counted if it does not reduce contract deliveries, 

 regardless of year type or whether the purpose for which it is used has been achieved (Le., k has 

 to hurt contractors to be credited to the CVPIA obligation). However, the 800 KAF was not 

 intended to be punitive to contraaors. To the contrary, multq)le uses of this water was, and is, 

 encomaged (again, consistent with the Bay/Deha Agreement). The amendments end the debate 

 over accounting for the 800 KAF and place an obligation on the Fish and Wildlife Service to 

 determine fish needs and priorities such that the Project will be reoperated to meet these needs. 

 Once the reserved water has done its job for the environment, it can be diverted or reused if 

 possible. 



CVPWA Statement Page 2 - 20 July 1995 



