On the recordDecember 9, 2016
I say to my friend, she is so smart on this. Of course that is where we are headed. And I encourage this. If this happens and the Senator and I are not successful and this winds up to be the law of the land--a provision added in the dead of night that forces water to be operated in a certain way that violates the biological opinions on fish, that violates the science--I hope they take this to court day one. I don't care; say whatever you want: Oh, this isn't a violation of the Endangered Species Act. Really? Clearly it is. The Senator is absolutely right. Eighteen years in court over an agreement. That is another reason I am totally stunned at this. But I think it is about what my friend said--who has the most juice, who has the most power to sit down and get someone who is a Senator or a Member of the House to add language? It is a nightmare. The reason we have been obstreperous, the reason we are standing on our feet, the reason we didn't yield to other people is we are trying to make a simple point. The Senator shows it with her chart. For all the people who said we shouldn't do earmarks, this is such an incredible earmark, it actually tells the Federal Government how to operate a water project--it is extraordinary--and to walk away from a biological opinion from the science. Of course it is going to wind up in court. I hope it does. What I would rather do is beat it.…





