Statement of Administration Policy: S. 795 - San Luis Rey Indian Water Settlement

(Revised - LA)

(House Rules)
(Cranston (D) and Wilson (R) California)

If S. 795 were presented to the President in its current form, the Secretary of the Interior, the Attorney General, and the Director of the Office of Management and Budget would recommend that it be vetoed. S. 795, which would require a $60 million Federal contribution to achieve a water rights settlement between five bands of California Mission Indians and local non-Indian entities, greatly exceeds any potential Federal liability that would result from a judicial settlement of this dispute. Furthermore, S. 795 is unacceptable because it would require the Secretary of the Interior to pay damages for failure to deliver water to the bands, notwithstanding circumstances such as drought which are beyond the Secretary's control.

The Administration supported S. 795 as passed by the Senate. However, during House Interior Committee consideration of the bill, concerns were raised about the use of Central Valley Project water as a source of water for the Indians. The Department of the Interior has subsequently proposed a settlement whereby non-Indian interests could line the All-American Canal, with use of some of the resulting salvaged Colorado River water accruing to the benefit of the Indians. We recommend that the Committee adopt a rule to allow amendment of S. 795 on the floor to incorporate the amendments provided to House Interior and Insular Affairs Chairman Udall by the Department of the Interior on July 27, 1988.