Subcommittee on Water and Power Legislative Hearing H.R. 1462

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Opening Statement The Honorable Cathy McMorris Rodgers Ranking Member Water and Power Subcommittee House Natural Resources Committee Legislative Hearing on H.R. 1462 (Udall -CO), "Platte River Recovery Implementation Program and Pathfinder Modification Authorization Act" April 26, 2007 Today, we will discuss a familiar topic in this Subcommittee: the Endangered Species Act and how it impacts western water and power supplies. As many of you know, my home region of the Pacific Northwest is full of ESA conflicts that create massive uncertainty for our farmers and ranchers, our communities and even the future of our fish populations. Nothing or nobody wins, but the lawyers. As we have witnessed time and again in the West, the ESA has become the source of much litigation rather than actual species recovery. Because the ESA was so broadly drafted, the details have been filled in by the courts and the bureaucrats. I don't think that was anyone's intent in 1973 and that's why the overall ESA needs to be improved. Uncertainty is why we are here today. Communities in the Platte River Valley have experienced many jeopardy opinions, much legal wrangling and a 15 year dam re- licensing nightmare — all of which has left the legacy of an uncertain future for a growing region. Meanwhile, actions to protect four endangered species have been piecemeal. Wyoming's Governor put it best when he said "there are no good choices in this area." To the credit of those involved, different factions came together and we have the product before us today. It is by no means the perfect solution nor is it the worst, but it's a meaningful step based upon decades of negotiation. This bill is an example of people talking and listening in good faith. Not every region has the ability to come together and work in a collaborative fashion like this and the ESA doesn't help. This law fosters conflict and stalemates instead of bringing about resolution and action. That's why I want to change the underlying law — but I commend everyone here today for working together to benefit your region in the face of a flawed law. There are still many unanswered questions about this bill and that's why we're having this hearing. I welcome Members of the Subcommittee and the witnesses for being here and look forward to working with you on this bill.