
In a victory for Delta Tunnels opponents urging the Brown administration to oppose Congressman Ken Calvert’s rider banning judicial review of the tunnels and other water projects, California Natural Resources Secretary Laird on July 17 sent a letter to members on the Senate and House committees on appropriations opposing the language.
“Any proposal to exempt water projects from judicial review would violate due process and undermine public confidence,” Laird wrote.
This is the first official statement on the Calvert rider by any member of the Brown administration. Nonetheless, the Brown administration remains firmly committed to the construction of the Delta Tunnels/California Water Fix, considered by project opponents to be the most environmentally destructive public works project in California history. Here is the text of Laird's letter:
“I am writing to express opposition to recent attempts by Congress to circumvent California’s water management framework by adding riders to the Appropriations bill. Particularly concerning are efforts to preclude judicial review for the California WaterFix and other water operations, and to prohibit the U.S. Bureau of Reclamation from fulfilling its obligations to comply with the Bay-Delta Plan. The latter measure would upend California water rights and shift the Bureau’s obligations to other water right holders.
California is committed to managing water and advancing water infrastructure projects in an environmentally sustainable, fiscally responsible and transparent way. Any proposal to exempt water projects from judicial review would violate due process and undermine public confidence.
Our ability to effectively and thoughtfully manage water requires balancing the needs of people, ecosystems, and the economy. Upsetting carefully negotiated agreements has the danger of weakening public confidence in projects advanced by the state.
The additional pressures of climate change require that regulatory processes remain intact to secure both a resilient water supply and functioning ecosystems.
For these reasons, I urge you to pursue solutions that work collaboratively with the state’s water management framework and that do not sidestep the rights of due process or existing federal and state laws.