Protecting the integrity of the California Wild & Scenic Rivers Act and the McCloud River

California Senators Padilla and Butler. Public domain.

Protecting the integrity of the California Wild & Scenic Rivers Act

U.S. Congressmen Valadao and McCarthy’s latest effort to drown more of the McCloud River under Shasta Reservoir was enshrined in the House-passed Energy & Water Appropriations bill (H.R. 4394). It purports to federally pre-empt a portion of the California Wild & Scenic Rivers Act that prevents agencies of the state to “assist or cooperate with, whether by loan, grant, license, or otherwise, any agency of the federal, state, or local government in the planning or construction of any dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition of the McCloud River, or on its wild trout fishery.”

The U.S. Senate version did not do so. There was some indication that California’s Senators played a positive role. This is critical since they will need to continue to do so even though the odds favor them being in the minority party next year — and the previous President may return.

Fortunately, the omission of this language from the Senate bill translated into final passage of a minibus appropriations bill including an Energy & Water appropriations title. The minibus was signed by the President preventing a shutdown of some aspects of the federal government for this fiscal year. So, for now, the threat to the McCloud in the relevant appropriations bill will wait until next year.

Of course, Representative Valadao’s bill (H.R. 215) with the same McCloud preemption language is still pending before the House of Representatives, where he hopes to move it forward as a free-standing bill — or more likely, another must-pass bill.

Looking forward, hopefully former Speaker McCarthy’s exit from the Congress will result in California Republican House members loss of influence in their ongoing effort to bury more of the McCloud River under an expanded Congressional appropriations wars.

Whatever happens this year and going forward, we will have to play our part in protecting McCloud.

Can the Secretary of the Interior help protect the McCloud River and defend the integrity of the California Wild & Scenic Rivers Act? 

Secretary of the Interior, Deb Haaland, official portrait, 2024. Public domain.

Yes.

She can issue a Record of Decision finding the project to be infeasible because it is illegal under state and federal law. This would reverse the previous Administration’s egregious legal conclusions in the Supplemental Environmental Impact Statement for the Shasta Lake Water Resources Investigation / Shasta Dam and Reservoir Expansion Project (a mouthful, and I assure you bitter in taste).

Of course, Secretary Deb Haaland will have less than a year to do it if there the federal administration changes as a result of the November 2024 general election.

You can help by signing a petition.

Please help.