Energy and Water Development Appropriations Act, 2007

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2007 -- (Extensions of Remarks - May 26, 2006)

The House in Committee of the Whole House on the State of the Union had under consideration the bill (H.R. 5427), making appropriations for energy and water development for the fiscal year ending September 30, 2007, and for other purposes:

* Mr. ADERHOLT. Mr. Chairman, I rise today in opposition to the proposed amendment by the gentleman from Georgia. The three States of Alabama, Georgia, and Florida have areas which are dependent on the same water sources. While I sympathize with all those needs, the language in the bill is necessary to prevent the Corps of Engineers from interfering in litigation which is meant to allocate those resources in a fair way among the three States.

* Mr. Chairman, in 2005 we learned that the Corps of Engineers planned to revise the manuals which govern water sharing between three States--Alabama, Georgia, and Florida. The corps' ACT manual has not been revised since it was written in 1951, even though nine dams have been built and successfully operated in the ACT Basin since then. In other words, there is no urgent need to revise the manuals, and doing so impacts the water supply of millions of persons in the Southeast. Furthermore, this matter is still in Federal court, and allowing the corps to revise these manuals now will interfere with ongoing litigation.

* Mr. Chairman, we have tried to work this issue out with the corps directly. On April 14, 2005, the entire Alabama delegation sent a letter to Lt. Gen. Carl Strock, Commander of the U.S. Army Corps of Engineers, asking that he explain the corps' actions in this matter. In response, on April 26, 2005 Assistant Secretary of the Army for Civil Works John Woodley wrote that the corps ``will withdraw and disclaim any intention to re-evaluate or update the relevant operating procedures and manuals until all relevant litigation has concluded, or the three States' Governors reach an agreement.''

* However, Mr. Chairman, after that, the corps did not hold to their commitment. In a letter to Governor Bob Riley of Alabama, dated January 30, 2006, Assistant Secretary Woodley stated that since the relevant litigation has concluded, the corps will now begin revising its manuals. This litigation, however, is not concluded. My understanding is that the ACF litigation has been appealed, and the ACT litigation is still actively underway.

* Mr. Chairman, if the corps' manuals revisions are allowed to go forward, it will cause great harm to the State of Alabama. We will have inadequate water for drinking, power generation, navigation, recreation, and wildlife. For this reason, it is essential all three States come to a mutual equitable water sharing agreement. It is not appropriate for the corps to unilaterally step in and decree water distribution without the approval of all three States.

* With all due respect to Mr. Deal's concerns, I must ask for a ``no'' vote in the amendment.

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