September 23, 2020

The Honorable Jared Huffman Chair Water, Oceans and Wildlife Subcommittee Committee on Natural Resources 1324 Longworth House Office Building Washington, DC 20515

The Honorable Tom McClintock Ranking Member Water, Oceans and Wildlife Subcommittee Committee on Natural Resources 2312 Rayburn House Office Building Washington, DC 20515

Dear Chair Huffman and Ranking Member McClintock:

The Imperial Irrigation District respectfully submits this testimony to the Subcommittee on Water, Oceans, and Wildlife for the oversight hearing entitled “Federal and State Efforts to Restore the Salton Sea.” We thank the Committee as well as both Congressman Vargas (D- Calif.) and Congressman Ruiz (D-Calif.) for bringing much needed federal attention to the Salton Sea. While it remains our hope this hearing will lead to a meaningful dialogue with the federal agencies who share jurisdiction and responsibilities at the Salton Sea, their decision to not participate in this important hearing is quite concerning.

The Salton Sea Today The Salton Sea finds itself in rapid decline, causing impacts to the environment, wildlife and the people who call this part of the state their home, not to mention the impact to the greater regions of Southern . With an estimated surface area of approximately 350 square miles, the Salton Sea is the largest lake in California. The Salton Sea is one of the most important links on the Pacific Flyway, supporting over 400 species of birds and a myriad of invertebrates, including several federally or state listed endangered species, such as the Ridgway’s rail, the desert pupfish and the California black rail. The importance of the Salton Sea as an aviary and wildlife preserve was officially recognized by the federal government with the establishment in 1930 of the wildlife refuge now known as the Sonny Bono Salton Sea National Wildlife Refuge.

Reduced inflows into the Salton Sea have created increased salinity levels that are now twice that of the Pacific Ocean and a drop in elevation that has exposed more than 20,000 acres of barren salt-covered playa. This impending environmental crisis has nearly September 23, 2020 Page 2 of 4 destroyed the fishery and wetland aspects of the Salton Sea. The consequential effects on the nearby human populations can be even more devastating. The region is comprised largely of disadvantaged rural communities that are already failing federal air quality standards, saddling them with the state’s highest rates of childhood asthma.

IID Petition to State Water Board Since 2003, IID has met its annual water conservation milestones and delivery obligations under the nation’s largest agricultural-to-urban conserved water transfer program, the Quantification Settlement Agreement (QSA). The QSA was designed to reduce urban Southern California’s longstanding over-reliance on Colorado River water supplies and address concerns raised by the other six basin states, just as a drought began to effect the River’s hydrology. With diminishing inflows and increased water demands basin-wide, the Bureau of Reclamation and the Department of the Interior (Interior) took actions against IID, leaving the district with few options and pressuring its reluctant authorization of the QSA, despite longstanding concerns about Salton Sea impacts. The district moved forward after state legislation was enacted taking responsibility for Salton Sea restoration and backstopping mitigation costs, as well as the assurances of many other regional and federal agencies who promised to support the state’s efforts. This was critical to assure IID that its community would not be saddled with the public health and environmental consequences associated with the conserved water transfer, which was designed to provide water supply benefits to other areas and to curtail California’s water uses to its annual 4.4 million-acre- feet entitlement.

Unfortunately, those fears have been realized as our local community has been left holding the bag with regard to the impacts of these agricultural-to-urban transfers, with the state failing to initiate restoration activities at the Salton Sea for more than a decade and the federal government so far ignoring its stewardship responsibilities for the thousands of acres of land it owns at the Salton Sea.

On November 18, 2014, the IID filed a Petition for Modification of Revised Water Rights Order 2002-0013 with the California State Water Resources Control Board. IID did this to start a collaborative process that would ensure restoration of the Salton Sea and help prevent a public health and environmental crisis because, to that date, the state and federal governments had almost completely ignored their responsibility there.

On March 2015, four months after IID's Petition was filed, the State Water Board held its first Salton Sea workshop to hear directly from the District, Imperial County, various local government partners, environmental advocates, the agriculture community, public health experts and a long list of community members who attended. Then, on November 7, 2017, almost three years later, the State Water Board adopted Order WR 2017-0134 revising Order 2002-0013, which set for the first time, annual acreage targets for Salton Sea restoration projects to be built by the state.

As the Committee and Congress consider opportunities to ensure our federal partners make meaningful commitments at the Salton Sea, we would suggest a federal focus on prioritizing funding and streamlining federal permitting processes for Salton Sea projects. Doing so

September 23, 2020 Page 3 of 4 would not only increase participation and engagement at the federal level, it would add transparency and accountability.

The Salton Sea and the Colorado River are Linked The linkage between the Colorado River and the Salton Sea is inextricable, and the problem there is one that both the upper and lower basins must now reckon with as a community of aligned interests. The Salton Sea is, as you also know, the linchpin and proving grounds of the QSA. The viability of those water transfers depends, as it always has, on a sustainable path forward at the Salton Sea and the urgency that all of us assign to it. The best way to protect the QSA and ensure there will be water resiliency in Southern California in the future is to afford that same kind of resiliency, commitment, and dignity to the Salton Sea.

IID has a priority right to 40 percent of the water available to the Lower Colorado River Basin. The district worked with others on the river for well over five years to develop the parameters of the Drought Contingency Plan, which remains in place through 2026, but was precluded from participating despite its best efforts because it does not provide any contingency for the Salton Sea. All of the basin States are acutely aware of the impending water shortages on the Colorado River. Recent modeling suggests that the shortages may be even more severe than previously anticipated. As you are aware, transfers or other mechanisms that reallocate water away from the Salton Sea to address these shortages will hasten its demise. For this reason, protection of the Sea while working with others to increase efficiency of water use will be necessary for any basin-wide solution.

The Salton Sea has to be acknowledged for what it is – a serious public health and environmental crisis that can and will have long-term, devastating consequences across the region. It is an indispensable part of the Colorado River system, not an invisible one, and its rapid decline must be addressed.

Federal Commitments Needed Now Congress has repeatedly affirmed a strong federal interest in the Salton Sea, requiring Interior to develop management plans in 1992, 1998, and 2007. Interior owns roughly 40 percent of the lands at the Salton Sea, including the 35,000-acre Sonny Bono National Wildlife Refuge at the Sea’s south end. In 2016, Interior and the California Natural Resources Agency signed a memorandum of understanding that focused on federal coordination, funding, overall prioritization of Salton Sea projects and recognition of the need for federal involvement as the landowner of the largest amount of acreage at the Sea. Now more than ever, fulfillment of these commitments to protect the Sea are essential.

While Interior has the most significant federal role at the Salton Sea, other federal agencies share critical responsibilities. The Army Corps of Engineers is the lead permitting authority for Salton Sea management projects and in years past has been directed by Congress to develop Sea restoration projects. The Department of Agriculture has developed conservation pilot projects in order to protect the viability of agricultural production in the Salton Sea region and has expanded authority and financial resources to continue this work per the 2018 Farm Bill.

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Yet, we find ourselves continuously having to plead for assistance from our federal partners. State and local stakeholders have long worked to draw our federal partners into a more active role at the Salton Sea. These efforts have resulted mostly in memorandum of understanding agreements and non-mandatory directives from Congress. Clearly, a more directive approach from Congress is needed to elicit action. In this regard, we look forward to working closely with the Committee on future policy discussions or related actions and with Congressman Ruiz on the “Salton Sea Public Health and Environmental Protection Act,” legislation he plans to introduce that will bring additional resources to the Salton Sea by streamlining funding for projects and improving coordination among stakeholders at all levels.

In closing, the Salton Sea is at a critical juncture and the COVID-19 crisis has caused increased urgency to address the environmental, habitat and public health impacts caused by a dying Sea. Without federal support, local governments will continue to face increased challenges in protecting the public and environmental health of our region. Therefore, we urge Congress to take immediate steps to secure additional funding, expedite critical projects and take necessary steps to ensure that our federal partners are fully committed partners at the Salton Sea.

We look forward to working with the Committee and our congressional representatives in support of these efforts and stand ready to assist in any manner possible.

Sincerely,

Norma Sierra Galindo Board President cc: The Honorable The Honorable The Honorable , M.D. The Honorable