Association of California Water Agencies Says Prop. 98 is "Cause for Alarm"
 Virtually all experts agree that California is facing a very serious water crisis. In order to provide safe, clean drinking water to an increasing number of residents, to supply businesses and farms with an adequate water supply, and to preserve water resources and ecosystems, it is abundantly clear that the State of California and local water agencies will need new and varying water projects. However, Prop. 98 - dubbed the "Hidden Agendas Scheme" - threatens virtually all future public and private water projects up and down the state intended to preserve clean drinking water, protect existing water resources, and secure additional water supply. Here's how:
- Either intentionally or through negligence, Prop. 98 would make it illegal to use eminent domain to acquire land and water to develop public water projects.
- The initiative's proposed amendment to California Constitution Article 1, section 19(a) prohibits the taking of private property for "private use." Proposed section 19(b)(3)(ii) defines "private use" as including: transfer of ownership, occupancy or use of private property or associated property rights to a public agency for the consumption of natural resources or for the same or a substantially similar use as that made by the private owner; (Emphasis added.)
- Section 19(b)(3)(ii) expressly designates as a "private use" the transfer of property rights to a "public agency" for the "consumption of natural resources." Thus, it is clear that property transfers under eminent domain or threat of eminent domain to a public agency for the purpose of consumption of natural resources (i.e. - water) are prohibited.
- All elements of a public water project involve the "consumption of natural resources". Thus, Prop. 98 would eliminate a necessary tool and jeopardize a vast number of public and private water projects to develop new water delivery systems, enhance water supply, and protect drinking water quality, including:
→Construction of projects to deliver water for domestic use, such as for drinking water, irrigation, commercial or industrial uses →Right-of -way for pipelines (underground and above ground) and canals to deliver water to new homes and businesses →Acquisition of new well-water sources →Projects to conserve and protect the quality of our water resources and the species that rely on these water systems →Water rights needed to convey water to farms and agriculture →Acquisition of land for pumping sites →Right-of-way for new canal around the Delta →Acquisition of water rights →Acquisition of land for reservoirs
Read Quotes from California's Water, Agriculture and Business Leaders
WATER, AGRICULTURE AND BUSINESS LEADERS AGREE...
Prop. 98 “could literally derail efforts to build the infrastructure and other water projects we need to ensure an adequate supply of safe, clean drinking water.”
-Timothy Quinn, Executive Director, Association of California Water Agencies
""Proposition 98 will seriously undermine the State and local government's ability to protect our environment, increase our water supply, and improve our crumbling infrastructure... On Election Day, I'm urging all California voters to join with me in opposing Proposition 98..." -United States Senator Dianne Feinstein “Western Growers is opposed to (Prop. 98)… We have read and considered the competing legal analyses... The question is not whether one is right and the other wrong. The question is whether the Martland analysis is plausible. We believe it is… This is an unacceptable risk.”
-Thomas A Nassif, President and CEO, Western Growers Association
Proposition 98 “would have far-reaching and detrimental effects on Metropolitan’s and other pubic agencies’ ability to construct water conveyance and other public improvement projects. Critically needed water conveyance projects and facilities could be derailed as a result.”
-Metropolitan Water District of Southern California (MWD) Staff analysis of Proposition 98
“Proposition 98 poses serious risk that it can be used to obstruct for years the development of critically and urgently needed water resources to California. That is simply an unacceptable risk.”
-Former Governor Pete Wilson
“Agriculture is California’s number one industry, and we must be sensitive to any threat to agriculture’s water supply. Due to the potential risk of delaying and stopping much needed public water projects, I cannot support Proposition 98.”
-US Congressman George Radanovich, Co-Chair, Congressional Water Caucus
“We’re headed down a very bad situation here. I look at this [Prop. 98] and have great concern for our farmers.”
Manuel Cunha, Jr., president of the Nisei Farmers League
As quoted in a Fresno Bee story, April 21, 2008
“As I read it, there’s certainly reason for concern for what it means for the future of water projects in California, especially as it pertains to new water storage.”
-Senate Republican Leader Dave Cogdill
Sacramento Bee, 8/22/07 (Cogdill Has Not Taken A Position on Proposition 98) |
