On the recordMay 24, 2006
there are some agreements here. One is that this is a long-standing discussion and battle and it is in ongoing litigation in the court. It is a battle between some States, but I do not know that there is not a whole lot of agreement. Everybody says that we ought to let the courts decide, but those who are opposed to this amendment begin the double talk at that point. If this amendment fails, the Corps of Engineers will not be able to follow the court order. On January 6 of this year, the D.C. court ordered the corps to undertake the NEPA process ``as expeditiously as practicable.'' Section 110 that was put in the bill would not allow them to do so. Curiously, Alabama informally requested that the judge stay the corps from proceeding with the NEPA analysis or updating the water control plans, but she refused to do so. Alabama itself says let the courts decide, and we agree. Let the courts decide, not an amendment which was inserted into this bill without discussion. By accepting the language in the Energy and Water Appropriations bill, Congress is inserting itself both into the three-State negotiation on State water rights and a legal issue which has been ongoing. Support the Deal amendment.
Source
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