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Both Parties Urge BLM to Overturn Faulty Decision

In a letter to the Director of the Bureau of Land Management (BLM) a bipartisan group of California Members of Congress have strongly urged reversal of a “legally flawed” determination that could delay construction of the Cadiz Water Project.

“In a recent meeting,” they wrote to BLM Director Neil Kornze, “you indicated you were not involved in the Cadiz decision and that the decision is not final. We strongly  urge you to reconsider the decision.”

The Congressional delegation met with Kornze in November 2015 to probe why BLM’s decision – signed by the former director of BLM’s California State Office in his final hours before retiring – altered existing federal right-of-way law and policy, which  has allowed railroads to grant third parties use of land within their rights-of-way without additional permitting, as long as the use derives from or furthers a railroad purpose.

Over the last several years, Cadiz and the Santa Margarita Water District have sought to secure BLM confirmation that no new federal right-of-way permit is required for the Project’s water conveyance pipeline. BLM should have made that determination because the route, within the right-of-way of the Arizona and California Railroad (ARZC), provides numerous benefits that further railroad purposes, while avoiding environmental impacts to fragile Mojave Desert ecosystems.

When constructed, the pipeline would transport an average of 50,000 acre-feet of water a  year, enough to serve the needs of 400,000 people, thereby increasing water supply reliability throughout Southern California. As significant as that is, perhaps even more significant is this passage from the letter is this, which requires a bit of translation because of its jargon:

Failure to [reverse the decision] will cast a cloud on all other activities within 1875 Act ROWs that rely on the M-Opinion for the basis for action, causing significant and avoidable uncertainties to activities nationwide.

Translation: Unless a new decision is issued that conforms with a legal opinion by the Department of Interior’s top lawyer (the M-Opinion), many other existing commercial uses within these rights-of-way across the nation – like oil and gas pipelines, fiber optic cables and cellular communication towers – will be placed at risk.

The letter, dated December 21, requests a response from Kornze within 15 days.

Signing the letter, which is available here, were these Members of Congress, who represent 19 California counties:

  • Representative Ken Calvert, (R-Corona, CD-42) – Chairman, House Appropriations Subcommittee on Interior, Environment and Related Agencies
  • Representative Tony Cardenas, (D- Panorama City, CD-29)
  • Representative Paul Cook, (R-Yucca Valley, CD-8)
  • Representative Jim Costa, (D-Fresno, CD-16)
  • Representative Duncan Hunter, (R-El Cajon, CD-50)
  • Representative Tom McClintock, (R – Roseville, CD – 4) – Chairman, House Subcommittee on Federal Lands
  • Representative Peters, (D-San Diego, CD-52)
  • Representative Dana Rohrbacher, (R-Huntington Beach, CD-48)
  • Representative Mimi Walters, (R-Laguna Niguel, CD-45)

In a news release, Cadiz thanked the House Members and said, “In the event that a prompt BLM reconsideration is not forthcoming, the Company, in consultation with its partners, will pursue additional legal and administrative remedies to resolve the cloud on title created by the BLM guidance.”

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