On the recordMay 14, 2013
Mr. President, I want to welcome our other colleague from North Dakota who also has experience as a litigator in protecting the interests of her State. Perhaps she could also comment on what actions the States might take if the corps moves forward. I want to point out to my colleagues, and perhaps the Senator is already aware of this, but I am looking at some things that are proposed charges that the corps would make under this proposal, although I don't think they have stated explicitly what that might be. But it ends up being a significant amount. In fact, over the Lewis and Clark leg, which is Gavins Point--or I should say, Lewis and Clark Dam--they are talking about $174 per acre foot of yield from Lewis and Clark Lake. We are talking about businesses, individuals, tribes, and industrial users having access to water they believe--and I think we all believe--is something that was promised to them when this legislation was passed way back in the 1940s. We have essentially 70 years of precedent where it has been the case that the States have access and can rightfully use that water for those various purposes as authorized under the legislation. This would move away from that and start to impose these fees, which I think over time get to be quite excessive. I appreciate the work that has been done by the Senator from North Dakota Mr. Hoeven in terms of trying to get the CBO to evaluate this in the proper context.…





