Sierra Club
The Bay Institute
Natural Resources Defense Council
Friends of the River
California Sportfishing Protection Alliance
Clean Water Action
Northern California Council Federation of Fly Fishers
California Trout, Inc.

February 10, 2002

Hon. Dianne Feinstein	Hon. Barbara Boxer
United States Senate	United States Senate
Washington, DC  20510	Washington, DC  20510

RE: CALFED Authorization Language passed by the U.S. Senate on January 23rd

Dear Senator Feinstein and Senator Boxer:

The above organizations are deeply concerned that the CALFED-related language that passed as part of the Omnibus Appropriations Resolution on January 23rd will have a damaging effect on the CALFED program and ultimately, CaliforniaÕs environment, fisheries, public health, and affordable water supplies. While our Organizations support the principles and programs outlined in the Record of Decision (ROD) and would like to see the ROD authorized and funded by Congress, this language clearly fails to maintain balanced implementation of the program, threatening the success of the entire program. We have several concerns regarding this language.

The Senate Language Fails to Authorize Balanced Implementation of the Entire CALFED Program: A comprehensive authorization for all of CALFED is the best way to insure that the program meets its mission of restoring ecological health and improving water management for beneficial uses of the Bay-Delta system. The Department of Interior (DOI) has stated that in its view it does not have full authorization for the environmental justice and ecosystem restoration programs in the ROD. The language that passed the Senate only gives federal agencies the authority to implement surface storage studies. This could be used as a justification for preventing Interior from fully implementing the other aspects of the ROD. Barring any change in this position, CALFED authorizing legislation must include the entire scope of the CALFED program, or the program will fail to live up to its mission

The Senate Language Fails to Include Key Constraints in the ROD: Under most circumstances, our organizations would simply oppose Bureau authorizations or appropriations to study new surface storage facilities. However, the CALFED program required these studies to evaluate projects designed to produce environmental benefits, to be economically credible and to be fully paid for by project beneficiaries. These requirements are a significant departure from existing Bureau policies and authorizations. The language passed by the Senate fails to include these key requirements and fails to require these studies and the actions of the Department of Interior to be consistent with the CALFED ROD. This is not a speculative concern. Currently, Interior is considering a proposal to undermine a key element of the CALFED plan, which resolved implementation issues regarding of a key provision of the CVPIA. It is essential that CALFED legislation direct Interior to ensure that its actions in California be consistent with the CALFED ROD. Without these constraints, our organizations oppose authorization and appropriations for new Bureau surface storage studies in California.

This Language Would Reduce the Likelihood of a Comprehensive CALFED Authorization: We are concerned that if this authorizing language moves forward, we may never obtain a comprehensive authorization of the program. This risk is particularly significant because the language passed by the Senate would authorize a particularly controversial aspect of the CALFED program. By advancing this part of the program, it would decrease the likelihood that some stakeholders would support a balanced CALFED bill that would advance all elements of the program.

Thank you for considering our views and for your leadership in addressing California water issues. As this language moves on to the House and the conference committee, we look forward to continuing to work closely with you and your staff to resolve our concerns and ensure the CALFED program stays on course. Sincerely,

Eric Wesselman Regional Representative CA/NV/HI Sierra Club

Gary Bobker Program Director The Bay Institute

Barry Nelson Senior Policy Analyst Natural Resources Defense Council

Marc E. Christopher Policy Advocate Friends of the River

Richard Izmirian California Sportfishing Protection Alliance

Marguerite Young Senior Consultant Clean Water Action

Douglas W. Lovell Director Northern California Council Federation of Fly Fishers

Nick DiCroce Board of Governors California Trout, Inc.

Cc: Rep. George Miller
Conferees
Secretary Gale Norton
Secretary Mary Nichols
Patrick Wright, CALFED