On the recordMay 14, 2013
I thank the Senator from South Dakota for joining, and he is absolutely right. The cost to the States is significant. In actuality, the scoring number is reduced because the probability of them getting it is so remote. As I mentioned earlier, they are flying in the face of well-established water rights the States have. So once they assign the probability they would lend to it, obviously that reduces the amount that gets scored. Once again, it shows they are trying to impose a fee where they have no right to do it, so it did create some scoring issue that it really never should. The fact is the litigation would far outweigh the score that CBO has put on it, both to the Federal Government and to the respective States. In the end there would be no fees because there is no right to assess those fees. I think we have someone who as a former attorney general dealt, in fact, with this very type of issue during her tenure as attorney general. I turn to my colleague from North Dakota and ask that she comment on the legality of the issue as well as her thoughts in terms of the fairness and the States rights aspect, which truly makes this an issue our colleagues should join and support. This is exactly what could happen to them, and it could happen to their States. I turn to Senator Heitkamp for her thoughts in that regard. The PRESIDING OFFICER. The junior Senator from North Dakota.





