Northern California Congressmen Object : Water Plan for San Diego’s Indians Draws Fire

A plan to tap a major Northern California water source to compensate five San Diego County Indian reservations for water diverted by two North County cities brought strenuous objections from Northern California congressmen Tuesday.

At least 35 members of the California congressional delegation support a bill authorizing use of the federal Central Valley Project for five bands of Mission Indians near Oceanside, but several members of the House Interior panel dealing with the measure are opposed, including the chairman, George Miller (D-Martinez).

The bill has Interior Department support and would end a 17-year dispute that has been dragged through the courts at considerable legal cost to the Mission Indians.

It is unlikely to pass the House before Congress adjourns in early October, but a companion bill sponsored by Sens. Pete Wilson (R-Calif.) and Alan Cranston (D-Calif.) might pass the Senate, which would encourage House action next year.

The legislation would allow 22,700 acre-feet of unallocated federal water from the Sacramento and San Joaquin River systems of Northern California to be exported to Southern California each year from the Central Valley Project.

An acre-foot, the amount of water it takes to cover an acre of land one foot deep, equals 326,000 gallons.

The Central Valley Project would irrigate arid land that was watered by the San Luis Rey River--before 90% of its flow was diverted to the cities of Vista and Escondido. The diversion turned the once-fertile Indian reservations into “dry brown spots amid lush color” of the region, Assistant Interior Secretary Ross Swimmer told the water and power resources subcommittee.

Reps. Charles Pashayan (R-Fresno) and Richard Lehman (D-Sanger), who are on the subcommittee, acknowledged that the Indians had been wronged but suggested that a cash settlement would be better than handing over Northern California water.

Lehman said Sacramento water users could end up paying for part of the federal water delivered to the Mission Indians and Central Valley Project customers eventually might need the exported supply.

However, Clyde Romney, San Diego County supervisor candidate and a lawyer for the San Luis Rey Indian Water Authority, testified that a cash settlement would not provide the Indians with water or facilities to import it.

Rep. Vic Fazio (D-Woodland), who is not on the subcommittee, testified that the Interior Department should make restitution by purchasing the cheapest possible water for the Indians, instead of putting the burden on the Central Valley Project and possibly setting a bad precedent.

But Rep. Ron Packard (R-Carlsbad), sponsor of the bill, argued that providing water for Indian reservations is included among the purposes of the Central Valley Project.

“We’re now asking to fulfill that purpose,” Packard said. “To me, that’s not a precedent.”

The legislation gives the Indians the right to half of the San Luis Rey River’s annual supply of 18,000 acre-feet, or at least 7,000 acre-feet, even in dry years.

The other half of the river’s yield would go to the system’s other users, who also would be given the opportunity to buy from the Indians whatever they don’t use from both the river and the Central Valley Project.

Sale of excess water would provide money for the Indians to develop their reservations, and eventually they would use all the water, Packard said.

Central Valley Project water would be delivered through existing canals and aqueducts so that no new facilities would have to be built.

Hydroelectric power to deliver the federal water would be provided by the Central Valley Project, but any additional need could not be filled by depriving other customers until after the year 2004.

Maintenance and replacement of San Luis Rey River water facilities would be borne by local non-Indian water users who are parties to the settlement.

The Indians would pay operation and maintenance costs for receiving the Central Valley Project water through federal and non-federal facilities, some costs of operating the Warner Ranch well field, and the entire cost of covering the Escondido Canal where it crosses the San Pasqual Reservation.

The other four Mission bands affected by the settlement are the La Jolla, Rincon, Pauma and Pala.