Thursday, February 6, 2014

A TRIFECTA IN LEGISLATIVE INCOMPETENCE ... H.R. 3964


As I pointed out last week California is experiencing a pretty difficult drought. The biggest part of the drought problem is tied to a lack of rain and snow. Simply put, a mountain of dense air is blocking winter storms from arriving and dumping rain and snow in California. But make no doubt about it, another part of California's drought problem is tied to our politics.

How bad is it? As the Los Angeles Times points out, the same political party - i.e. the Republican Party -that questions climate change and scoffs at global warming is now claiming that the drought in California is man-made. How's that for ideological incoherence?

Worse, the GOP is now trying to apply more of the "man-made" solutions that they claim to disdain to the current drought. It's really a political power grab. Here's why.


Recently the GOP-led House of Representatives passed House Resolution 3964, or the Sacramento-San Joaquin Valley Emergency Water Delivery Act. It's supposed to help fix the drought issue. Speaking on behalf of the bill Rep. Kevin McCarthy (R-Bakersfield) claimed that H.R. 3964 is necessary to solve the "man-made water crisis" in California.

Here's what's wrong with H.R. 3964, and Kevin McCarthy's argument:

(1) H.R. 3964 runs against the GOP's long-standing position that the federal government should respect the rights of each state. 
Specifically, H.R. 3964 would permanently preempt state law while weakening or eliminating protections for California's rivers, fisheries, and the Bay-Delta estuary. Letters from Governor Jerry Brown, Senators Boxer and Feinstein, state officials, and assorted water districts make this clear.  
Seriously, how does the federal government taking over California's water management fit in with the Republicans States' Rights position?

(2) H.R. 3964 promotes the career of Republican Congressman David Valadao.  
Rep. Valadao (R-Tulare) is the lead sponsor of H.R. 3964. Because Rep. Valadao is a freshman legislator and represents a predominantly Democratic and Latino district (Valadao is not a Latino) he is vulnerable politically in 2014. With effectively no legislative history to run on Rep. Valadao is a first termer running against a tough Democratic challenger, Stanford-educated Amanda Renteria.  
Valadao needs all the help he can get. Rep. Kevin McCarthy (R-Bakersfield), the Majority Whip in Congress, represents the congressional district adjacent to Rep. Valadao's district. The GOP wants to keep this seat (which they never should have won in the first place). This is what's behind Valadao's sponsorship - and Kevin's support - of H.R. 3964. 
(3) H.R. 3964 doesn't do a thing to increase water flows (or make it rain) in California.  
At the end of the day California's severe water shortages don't have anything to do with environmental laws. It's a product of drought and over planting by California's farmers. Rep. John Garamendi (D-Yuba City) took to the House floor to explain the issue, which he labeled "water theft" in California. 


Let's recap. H.R. 3964 ignores states' rights. It also designed to promote the career of first term Congressman, David Valadao. Finally, it doesn't do a thing to increase water supplies in California.

Oh, and one more thing. According to the Congressional Budget Office - the impartial referee that scores legislation for Congress - H.R. 3964 will add another $189 million to our national debt over the next 10 years.

How's that for fiscal discipline?

As the Bakersfield Californian's Lois Henry points out, H.R. 3964 is really a politically motivated piece of legislation. It does nothing to address California's drought situation, now or in the future. If H.R. 3964 were a serious piece of legislation it would include investments in efficiency, recycling programs, storm water capture, local storage projects, and groundwater management, all of which would help build a drought-resistant supply of water.

Here's another problem Henry points out. In spite of on-going drought conditions farmers in the San Joaquin Valley have increased the number of acres they've planted over the years. And why not? With farm subsidies and crop insurance paid for by the taxpayer (through the Department of Agriculture), some might call you a fool not to plant more.

So, yeah, rather than scale back what they're doing to accommodate weather patterns farmers are planting more, then complain that the state and local water district managers aren't doing enough to get them more water.

At the end of the day H.R. 3964 strips California of the right to govern its water rights, while promoting the congressional career of one man, David Valadao. The fact that it doesn't add one drop of water to California's water tables makes H.R. 3964 a trifecta in legislative incompetence.

Stay tuned.

- Mark 

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