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University  of  California  •  Berkeley 


Regional  Oral  History  Office  University  of  California 

The  Bancroft  Library  Berkeley,  California 

California  Water  Resources  Oral  History  Series 


Daniel  P.  Beard 

PASSAGE  OF  THE  CENTRAL  VALLEY  PROJECT  IMPROVEMENT  ACT,  1991-1992: 

THE  ROLE  OF  GEORGE  MILLER 


Interview  Conducted  by 

Malca  Chall 

in  1995 


Copyright  ©  1996  by  The  Regents  of  the  University  of  California 


Dan  Beard  (with  a  beard) ,  Rick  Agnew  [Minority  Staff 
Director,  House  Interior  and  Insular  Affairs  Committee]  and 
Charlene  Dougherty  inspecting  hurricane  damage  in  Puerto 
Rico,  1989. 


Since  1954  the  Regional  Oral  History  Office  has  been  interviewing  leading 
participants  in  or  well-placed  witnesses  to  major  events  in  the  development  of 
Northern  California,  the  West,  and  the  Nation.  Oral  history  is  a  method  of 
collecting  historical  information  through  tape-recorded  interviews  between  a 
narrator  with  firsthand  knowledge  of  historically  significant  events  and  a  well- 
informed  interviewer,  with  the  goal  of  preserving  substantive  additions  to  the 
historical  record.  The  tape  recording  is  transcribed,  lightly  edited  for 
continuity  and  clarity,  and  reviewed  by  the  interviewee.  The  corrected 
manuscript  is  indexed,  bound  with  photographs  and  illustrative  materials,  and 
placed  in  The  Bancroft  Library  at  the  University  of  California,  Berkeley,  and  in 
other  research  collections  for  scholarly  use.  Because  it  is  primary  material, 
oral  history  is  not  intended  to  present  the  final,  verified,  or  complete 
narrative  of  events.  It  is  a  spoken  account,  offered  by  the  interviewee  in 
response  to  questioning,  and  as  such  it  is  reflective,  partisan,  deeply  involved, 
and  irreplaceable. 


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All  uses  of  this  manuscript  are  covered  by  a  legal  agreement 
between  The  Regents  of  the  University  of  California  and  Daniel  P. 
Beard  dated  August  30,  1995.  The  manuscript  is  thereby  made 
available  for  research  purposes.  All  literary  rights  in  the 
manuscript,  including  the  right  to  publish,  are  reserved  to  The 
Bancroft  Library  of  the  University  of  California,  Berkeley.  No  part 
of  the  manuscript  may  be  quoted  for  publication  without  the  written 
permission  of  the  Director  of  The  Bancroft  Library  of  the  University 
of  California,  Berkeley. 

Requests  for  permission  to  quote  for  publication  should  be 
addressed  to  the  Regional  Oral  History  Office,  486  Library, 
University  of  California,  Berkeley  94720,  and  should  include 
identification  of  the  specific  passages  to  be  quoted,  anticipated 
use  of  the  passages,  and  identification  of  the  user.  The  legal 
agreement  with  Daniel  P.  Beard  requires  that  he  be  notified  of  the 
request  and  allowed  thirty  days  in  which  to  respond. 

It  is  recommended  that  this  oral  history  be  cited  as  follows: 


Daniel  P.  Beard,  "Passage  of  the  Central 
Valley  Project  Improvement  Act,  1991-1992: 
The  Role  of  George  Miller,"  an  oral 
history  conducted  in  1995  by  Malca  Chall, 
Regional  Oral  History  Office,  The  Bancroft 
Library,  University  of  California, 
Berkeley,  1996. 


Copy  no. 


Cataloging  Information 


BEARD,  Daniel  P.  (b.  1943)  Staff  Director,  House  Committee  on 

Natural  Resources 

Passage  of  the  Central  Valley  Project  Improvement  Act.  1991-1992:  The  Role 
of  George  Miller.   1996,  iii,  67  pp. 

Early  interest  in  natural  resource  policy  issues;  association  with 
Congressman  George  Miller,  1985-1993:  Miller's  position  on  Central  Valley 
Project  reform  legislation,  staff  activities  toward  passage  of  the  CVPIA 
and  the  Omnibus  Water  Act;  agricultural  interests  and  congressmen  from  the 
Central  Valley;  water  marketing;  Miller-Bradley  bills  and  opposing  Seymour 
bill;  discusses  Senator  John  Seymour,  Senator  Bill  Bradley,  President  Jimmy 
Carter;  Somach-Graff  negotiations;  Bureau  of  Reclamation  commissioner, 
1993-1995,  restructuring  the  bureau. 

Interviewed  1995  by  Malca  Chall  for  the  California  Water  Resources  Series. 
Regional  Oral  History  Office,  The  Bancroft  Library,  University  of 
California,  Berkeley. 


TABLE  OF  CONTENTS- -Daniel  P.  Beard 

PREFACE  i 

INTERVIEW  HISTORY  iv 

BIOGRAPHICAL  INFORMATION  vi 


I   RESUME  OF  CAREER  ROUTE  FROM  COLLEGE  GRADUATION  TO  THE  BUREAU  OF 

RECLAMATION,  1965  TO  1995  1 

Developing  Interest  and  Work  in  Natural  Resource  Policy  Issues  2 

Various  Positions  In  and  Out  of  the  Federal  Government,  1974-1985  3 

Long-time  Association  with  Congressman  George  Miller,  1985-1993  4 

II  GEORGE  MILLER:  HIS  DRIVING  INTEREST  IN  WATER  POLICY  ISSUES  5 

The  San  Francisco-San  Joaquin  Delta  and  Reclamation  Reform  5 
Different  Relationships  with  Constituents  and  Central 

Valley  Farmers  6 

Staffs  of  Water  and  Power  Subcommittees  in  the  House  and  Senate  8 
President  Jimmy  Carter's  Early  Positions  on  Western  Water  and 

Agriculture  9 

III   THE  EMERGENCE  OF  THE  CENTRAL  VALLEY  PROJECT  IMPROVEMENT  ACT  AS  A 

MAJOR  ISSUE  IN  CONGRESS,  1990-1991  12 
The  Genesis  of  the  CVPIA:  The  Need  for  Mitigation  of  Impacts  on 

Fish  and  Wildlife  in  the  Central  Valley,  1988  12 
Drafting  the  California  Fish  and  Wildlife  Protection  Act  of  1990: 

A  Difficult  Task  14 
Senator  Bill  Bradley  and  Staff  Director  Tom  Jensen  Take  an 

Interest  in  the  California  Central  Valley  Issues  16 
Unexpected  Changes  in  the  House  and  Senate  Affect  the  Momentum 

of  the  CVPIA  18 

George  Miller  Develops  a  Coalition  to  Push  for  CVP  Reform  20 

George  Miller's  Discomfort  with  Water  Marketing  21 
Introduction  of  John  Seymour's  Bill  S.2016  Changes  the  Politics 

of  CVP  Reform  Legislation  23 

IV   HOUSE  AND  SENATE  COMPROMISES,  NEGOTIATIONS,  AND  MANEUVERS  MARK 

FINAL  PASSAGE  OF  THE  CVPIA:  THE  OMNIBUS  WATER  ACT  27 

The  Senate  Passes  the  Seymour  Bill  27 
George  Miller  Accepts  the  Concept  of  Water  Transfers:  The 

Significance  of  the  Metropolitan  Water  District  28 

Motivation  for  Attaching  the  CVPIA  to  the  Omnibus  Water  Bill  29 

George  Miller's  Compromise  with  Central  Valley  Congressmen  31 

The  Somach-Graff  Negotiation  33 

Compromise:   The  Foundation  of  a  Democratic  System  34 

Factions  Within  the  Agriculture  Community  35 

The  Conference  Committee  Struggles  with  the  Omnibus  Bill  36 

Final  Negotiations  on  the  CVPIA  38 


The  Omnibus  Bill  Moves  Through  the  House  and  Senate  43 

Analyzing  Aspects  of  the  CVPIA  and  Its  Implementation  44 

COMMISSIONER  OF  THE  BUREAU  OF  RECLAMATION,  1993-1995  48 

The  Bureau  of  Reclamation:  A  Personal  Challenge  49 

Restructuring  the  Bureau  to  Meet  the  Changes  in  its  Purpose  49 

The  $100,000  Ford  Foundation-Harvard  University  Grant  53 

Answering  Some  Charges  54 

The  Connection  Between  Subsidies  and  the  Uses  of  Water  56 
The  CVPIA:   Possible  Changes  by  the  Republican-Controlled 

Congress  58 

Total  Revision  of  the  CVPIA  Unlikely  60 

Dan  Beard's  Future  Career  Plans  62 


TAPE  GUIDE  65 

INDEX  66 


PREFACE 


The  Water  Resources  Center  of  the  University  of  California,  in  1965, 
established  a  History  of  California  Water  Resources  Development  Oral 
History  Series,  to  be  carried  out  by  the  oral  history  offices  at  the  Los 
Angeles  and  Berkeley  campuses.   The  basic  purpose  of  the  program  was  "to 
document  historical  developments  in  California's  water  resources  by  means 
of  tape  recorded  interviews  with  men  who  have  played  a  prominent  role  in 
this  field."  The  concern  of  those  who  drafted  the  program  was  that  while 
the  published  material  on  California  water  resources  described 
engineering  and  economic  aspects  of  specific  water  projects,  little  dealt 
with  concepts,  evolution  of  plans,  and  relationships  between  and  among 
the  various  interested  federal,  state,  and  local  agencies. 

To  bridge  this  information  gap,  the  Water  Resources  Center,  during 
the  past  quarter  century  under  the  successive  direction  of  Professors 
Arthur  F.  Pillsbury,  J.  Herbert  Snyder,  and  Henry  Vaux,  Jr.,  has  provided 
funding  in  full  or  in  part  for  interviews  with  men  who  have  been 
observers  and  participants  in  significant  aspects  of  water  resources 
development.   Early  advisors  to  the  project  on  the  Berkeley  campus  were 
Professors  J.  W.  Johnson  and  David  K.  Todd.   Gerald  Giefer,  librarian  of 
the  Water  Resources  Center  Archives,  Berkeley,  has  maintained  an 
important  advisory  role  in  the  project. 

Interviewees  in  the  Berkeley  series  have  been  pioneers  in  western 
water  irrigation,  in  the  planning  and  development  of  the  Central  Valley 
and  California  State  Water  Projects,  in  the  administration  of  the 
Department  of  Water  Resources,  and  in  the  pioneering  work  of  the  field  of 
sanitary  engineering.   Some  have  been  active  in  the  formation  of  the  San 
Francisco  Bay  Conservation  and  Development  Commission;  others  have 
developed  seminal  theories  on  soil  erosion  and  soil  science.   But  in  all 
cases,  these  men  have  been  deeply  concerned  with  water  resources  in 
California. 

Their  oral  histories  provide  unique  background  into  the  history  of 
water  resources  development  and  are  valuable  assets  to  students 
interested  in  understanding  the  past  and  in  developing  theories  for 
future  use  of  this  essential,  controversial,  and  threatened  commodity- 
water. 


Henry  J.  Vaux,  Jr.,  Director 
Water  Resources  Center 


January  1989 

University  of  California,  Riverside 


ii 


SERIES  LIST 

December  1996 


The  following  Regional  Oral  History  Office  interviews  of  have  been  funded  in 
whole  or  in  part  by  The  Water  Resources  Center,  University  of  California. 


Banks,  Harvey  (b.  1910) 

California  Water  Project.  1955-1961.   1967  82  pp. 

Beard,  Daniel  P.  (b.  1943) 

Passage  of  the  Central  Valley  Project  Improvement  Act.  1991-1992:  The  Role 
of  George  Miller.  1996,  67  pp. 

Gianelli,  William  R.  (b.  1919) 

The  California  State  Department  of  Water  Resources.  1967-1973. 
1985,  86  pp. 

Gillespie,  Chester  G.  (1884-1971) 

Origins  and  Early  Years  of  the  Bureau  of  Sanitary  Engineering. 
1971,  39  pp. 

Graff,  Thomas  J.(b.  1944)  and  David  R.  Yardas  (b.  1956) 

The  Passage  of  the  Central  Valley  Project  Improvement  Act.  1991-1992; 
Environmental  Defense  Fund  Perspective.   1996,  136  pp. 

Harding,  Sidney  T.  (1883-1969) 

A  Life  in  Western  Water  Development.   1967,  524  pp. 

Jenny,  Hans  (1899-1992) 

Soil  Scientist,  Teacher,  and  Scholar.   1989,  364  pp. 

Langelier,  Wilfred  F.  (1886-1981) 

Teaching,  Research,  and  Consultation  in  Water  Purification  and  Sewage 
Treatment.  University  of  California  at  Berkeley.  1916-1955. 
1982,  81  pp. 

Leedom,  Sam  R.  (1896-1971) 

California  Water  Development.  1930-1955.   1967,  83  pp. 

Leopold,  Luna  B.  (b.  1915) 

Hydrology,  Geomorphology,  and  Environmental  Policy;  U.S.  Geological  Survey. 
1950-1072.  and  UC  Berkeley.  1972-1987.   1993,  309  pp. 

Lowdermilk,  Walter  Clay  (1888-1974) 

Soil,  Forest,  and  Water  Conservation  and  Reclamation  in  China,  Israel. 
Africa,  and  The  United  States.   1969,  704  pp.  (Two  volumes) 


iii 

McGaughey,  Percy  H.  (1904-1975) 

The  Sanitary  Engineering  Research  Laboratory:   Administration.  Research, 
and  Consultation.  1950-1972.   1974,  259  pp. 

Nelson,  Barry  (b.  1959) 

The  Passage  of  the  Central  Valley  Project  Improvement  Act.  1991-1992; 
Executive  Director,  Save  San  Francisco  Bay  Assocation.   1994,  88  pp. 

Peltier,  Jason  (b.  1955) 

The  Passage  of  the  Central  Valley  Project  Improvement  Act.  1991-1992: 
Manager,  Central  Valley  Project  Water  Association.   1994,  84  pp. 

Robie,  Ronald  B.  (b.  1937) 

The  California  State  Department  of  Water  Resources.  1975-1983. 
1989,  97  pp. 

The  San  Francisco  Bay  Conservation  and  Development  Commission,  1964-1973. 

Interviews  with  Joseph  E.  Bodovitz,  Melvin  Lane,  and  E.  Clement  Shute. 
1986,  98  pp. 

For  other  California  water-related  interviews  see  California  Water  Resources 
list. 


iv 


INTERVIEW  HISTORY 


Daniel  Beard  served  as  staff  director  for  Congressman  George  Miller 
for  eight  years,  1985-1993.   During  those  years,  George  Miller  chaired  the 
subcommittee  on  Water  and  Power  of  the  House  Interior  and  Insular  Affairs 
Committee,  and  then  the  full  committee- -now  known  as  the  Committee  on 
Natural  Resources. 

Dan  Beard  fit  well  into  Miller's  staff,  having  specialized  in  natural 
resource  issues  both  in  college  and  his  later  working  career.   He  became 
deeply  involved  in  Miller's  long-held  interests  related  to  the  San 
Francisco-San  Joaquin  Delta  and  the  Central  Valley  Project:  opposition  to 
the  Peripheral  Canal,  fish  and  wildlife  restoration,  drainage,  contracts, 
and  subsidies.   According  to  Beard,  Miller's  stand  on  these  issues,  while 
they  may  have  endeared  him  to  constituents  along  the  Delta,  aroused  the 
enduring  hostility  of  the  Central  Valley  agricultural  community.   Thus, 
George  Miller's  long-time  efforts  to  reform  the  Central  Valley  Project 
usually  were  unsuccessful  because  Central  Valley  congressmen  opposed  him, 
western  Senators  sided  with  their  powerful  California  allies,  and  other 
Senators  showed  no  interest  in  the  subject. 

In  this  fourth  volume  on  the  passage  of  the  Central  Valley  Project 
Improvement  Act,  Daniel  Beard  highlights  the  significant  role  of 
Congressman  George  Miller  in  the  two-year  struggle  to  reform  the  Central 
Valley  Project.   In  1991  Miller  and  Senator  Bill  Bradley  (D-New  Jersey) 
each  introduced  Central  Valley  reform  bills  aimed  at  restoring  fish  and 
wildlife,  and  providing  water  to  achieve  these  aims.   Although 
significantly  differing  in  details,  gradually  some  of  the  substantive 
features  merged  enough  so  that  in  the  supporting  environmental  community 
they  became  known  as  the  Miller-Bradley  bills.   The  agriculture  community 
supported  Senator  John  Seymour's  (R-California)  reform  effort. 

Two  years  of  hard  work  ensued  on  both  sides  of  the  aisle,  within  the 
halls  of  Congress,  among  lobbyists,  environmentalists,  and  growers.   In  his 
oral  history  Daniel  Beard  directs  attention  to  Miller's  personality,  his 
abilities  as  a  congressman,  his  long-held  commitment  toward  Central  Valley 
Project  reform,  and  his  antagonistic  relationships  with  valley  farmers.   He 
explains  Miller's  decision  to  attach  his  reform  agenda  to  an  omnibus  water 
bill  providing  projects  long  desired  by  twelve  powerful  western  Senators, 
which,  in  the  end,  prompted  them  to  abandon  Senator  Seymour  and  their 
California  agricultural  allies,  and  assure  President  Bush's  signature. 
Beard's  examination  of  the  hard  work  and  the  bit  of  luck  that  went  into  the 
final  almost  undreamed  of  success  of  the  passage  of  the  CVPIA  offers  the 
reader  one  more  link  in  the  story  of  the  passage  of  the  Central  Valley 
Project  Improvement  Act. 


This  important  three-hour  interview  on  the  passage  of  the  CVPIA  took 
place  around  the  dining  room  table  in  my  home  on  the  afternoon  of  August 
30,  1995.   In  mid-June  I  had  read  in  the  local  paper  that  Dan  Beard  planned 
to  resign  his  position  as  commissioner  of  the  Bureau  of  Reclamation.   Soon 
thereafter,  I  invited  him  to  participate  in  the  ongoing  oral  history  series 
on  the  CVPIA,  even  suggesting  that  I  would  be  willing  to  meet  him  in 
Washington  if  that  were  necessary.   A  few  days  before  his  planned  arrival 
in  California  on  a  final  tour  as  commissioner,  he  called  to  say  that  he 
would  be  available  for  an  interview.   We  hastily  arranged  a  time  and  place. 

Until  his  arrival  for  the  interview,  Mr.  Beard  was  not  aware  of  the 
scope  of  the  CVPIA  project,  and  since  some  time  had  passed,  he  felt 
unprepared  to  discuss  details  of  the  CVPIA.   He  obviously  recalled  more 
than  he  thought  he  would.   As  this  interview  makes  clear,  he  was  prepared 
to  provide  the  background  on  George  Miller,  the  Miller  bills,  the 
negotiations  between  Miller  and  Bradley,  the  conference  committee,  and  the 
final  results  —  information  which  only  someone  at  the  center  of  the  action 
could  provide. 

We  are  grateful  to  Dan  Beard  for  taking  time  from  his  full  schedule 
to  discuss  his  role  in  the  passage  of  the  CVPIA,  and  additional  time  to 
review  and  emend  the  transcript.   This  he  did  in  record  time,  making  only 
minor  revisions  to  spelling  and  to  clarify  some  sentences.   The  interview 
touches  briefly  on  his  two  and  one-half  years  as  commissioner  of  the  Bureau 
of  Reclamation. 

Again  we  thank  the  Centers  for  Water  and  Wildland  Resources  and  its 
director  Don  Erman  for  making  possible  this  interview  and  the  series  on  the 
Central  Valley  Project  Improvement  Act. 


Malca  Chall 
Interviewer /Editor 


September,  1996 

Regional  Oral  History  Office 

The  Bancroft  Library 

University  of  California,  Berkeley 


vi 

Regional  Oral  History  Office  University  of  California 

Room  A86  The  Bancroft  Library  Berkeley,  California  94720 

BIOGRAPHICAL  INFORMATION 

(Please  write  clearly.   Use  black  ink.) 

Your  full  name  Daniel  perry  Beard 

Date  of  birth  APril  14'  1943 Birthplace  Bellingham,  Washington 

Father's  full  name  Stannard  Templin  Beard 

Occupation  Pr^ter Birthplace  Bellingham,  Washington 

Mother's  full  name   **  Mlce  Dllley  Beard 

Occupation  Housewife Birthplace  Northfield,  Minnesota 

Your  spouse  Dana  Caro1  Brynildsen 

Occupation  Student Birthplace  Bellingham,  Washington 

Your  children  Allison  Esther  Beard  (Bom:  1-25-72);  Nicholas  Grant  Beard  (6-30-74) 

Peter  Stannard  Beard  (7-25-85) 

Where  did  you  grow  up? Bellingham,  Washington 

Present  community  Colunfcia,  Maryland 

Education  B'A-  Western  Washington  University,  1965;  M.A.  University  of  Washington, 

1970;  PhD  University  of  Washington,  1973. 

Occupation( s)  Federal  employee,  1970-1995;  Private  consultant,  1995-date 
Areas  of  expertise  Natural  ^sources  policy  affairs 


Other  interests  or  activities 


Organizations  in  which  you  are  active 


I   RESUME  OF  CAREER  ROUTE  FROM  COLLEGE  GRADUATION  TO  THE  BUREAU  OF 
RECLAMATION,  1965  TO  1995 

[Interview:  August  30,  1995] II1 


Chall:   Before  we  get  started  on  the  CVPIA,  I  wanted  to  find  out  what  was 
the  route  by  which  you  got  into  government  service.   I  notice  that 
you  have  had  twenty- two  years  of  government  service,  and  I  don't 
know  how  many  years  of  that  have  been  with  George  Miller. 

Beard:  Well,  I  was  a  graduate  student  at  the  University  of  Washington.  My 
background  is  that  I  was  born  and  raised- -maybe  I  should  start  with 
who  I  am? 

Chall:   Yes. 

Beard:   My  name  is  Daniel  Perry  Beard,  and  I  am  presently  the  commissioner 
of  the  Bureau  of  Reclamation.   I  was  born  and  raised  in  Bellingham, 
Washington,  and  I  graduated  from  Western  Washington  University  and 
went  to  work  for  the  city  of  Seattle.   I  didn't  enjoy  it  at  all, 
and  went  back  to  graduate  school  at  the  University  of  Washington  in 
1966.   I  received  my  M.A.  degree  from  the  Department  of  Geography 
there  [1969],   I  was  interested  in  natural  resource  conservation 
issues,  and  there  were  a  number  of  professors  there  who  had  done  a 
lot  of  work  on  water  resource  matters  over  the  years,  particularly 
the  Columbia  and  Snake  Rivers.   It  had  always  been  a  major  topic  of 
discussion. 

I  then  entered  the  Ph.D.  program,  again  in  the  geography 
department,  finished  all  of  my  course  work,  took  my  preliminary 
examinations.   Then  my  advisor  didn't  receive  tenure,  so  he  left 
and  went  to  the  University  of  California  at  Santa  Cruz.   His  name 
was  Richard  A.  Cooley.   So  I  was  kind  of  left  like  a  floundering 


'This  symbol  (II)  indicates  that  a  tape  or  a  segment  of  a  tape  has  begun 
or  ended.   A  guide  to  the  tapes  follows  the  transcript. 


fish,  and  decided  at  that  point  that  I  was  really  interested  in 
natural  resource  policy  issues,  and  I  wanted  to  learn  how  public 
policy  decisions  were  made. 


Developing  Interest  and  Work  in  Natural  Resource  Policy  Issues 


Beard:   I  had  taken  a  seminar  on  natural  resource  policy  issues,  and  a  man 
by  the  name  of  Bill  Van  Ness,  who  was  the  general  counsel  for  the 
Senate  Interior  and  Insular  Affairs  Committee  and  worked  for 
Senator  Henry  Jackson,  came  and  spoke.   One  of  Bill's 
accomplishments  was  that  he  was  the  person  on  the  committee  who 
wrote  the  National  Environmental  Policy  Act,  among  other  pieces  of 
legislation.   I  was  really  quite  fascinated  and  taken  with  federal 
legislative  process,  so  I  thought  that  would  be  a  good  thing  to  do. 

In  the  summer  of  1970,  I  literally  wrote  letters  to  everyone 
I  could  think  of,  including  John  Erlichman,  who  at  the  time  was  in 
the  White  House.   Fortunately,  he  didn't  respond,  but  a  man  by  the 
name  of  Wally  Bowman,  who  was  at  the  Natural  Resources  Division  of 
the  Legislative  Reference  Service  at  the  Library  of  Congress,  was  a 
very  good  friend  of  my  advisor  Dick  Cooley,  and  he  called,  did  a 
phone  interview,  and  hired  me  on  the  phone. 

So  my  wife  and  I  packed  our  belongings  and  moved  to 
Washington,  D.C.  in  September  of  1970,  and  I  went  to  work  for  the 
Legislative  Reference  Service,  which  in  about  a  month's  time  had 
its  name  changed  to  the  Congressional  Research  Service.   I  worked 
for  the  Environmental  Policy  Division.   I  worked  on  natural 
resource  policy  issues  of  all  kinds,  doing  research  work  for 
congressmen  and  senators. 

About  halfway  through  my  term  of  service  there,  sometime  in 
1971,  I  decided  that  I  really  wanted  to  be  a  lawyer.   I  was  going 
to  go  to  law  school  at  night,  to  which  my  wife  responded,  "I've 
already  been  through  three  years  of  graduate  school,  and  we  (you 
know,  the  proverbial  we)  are  not  going  to  law  school!"   So  I 
started  working  on  my  Ph.D.,  and  finished  eventually. 

I  left  the  Library  and  went  to  Dartmouth  in  September  of  1972 
to  teach  in  the  geography  department  and  environmental  studies 
program.   While  I  was  there,  I  finished  my  dissertation  at  the 
University  of  Washington,  took  my  exams,  and  got  my  degree  in  the 
spring  of  1973.   But  while  I  was  at  Dartmouth,  I  really  decided 
about  halfway  through  the  year  that  this  was  the  stupidest  thing  I 
had  ever  done,  and  that  I  hated  it.   I  didn't  like  the  college,  I 
didn't  like  the  students,  I  didn't  like  the  faculty-- 


Chall:   You  didn't  like  teaching? 

Beard:   I  liked  the  teaching,  but  I  felt  really  very  out  of  touch.   It's  a 
really  insular  world.   It  just  wasn't  for  me.   And  so  I  called  my 
former  boss  at  the  Library  of  Congress  and  I  got  my  old  job  back. 
So  in  June  of  1973,  I  went  back  to  the  Library  of  Congress. 


Various  Positions  In  and  Out  of  the  Federal  Government.  1974-1985 


Beard:   I  stayed  there  until  after  the  1974  elections,  and  after  that 

election,  a  congressman  by  the  name  of  Sidney  R.  Yates  became  the 
chairman  of  the  House  Interior  Appropriations  Subcommittee,  and  he 
hired  me  to  go  to  work  for  him  in  January  of  1975.   I  worked  there 
for  two  years  as  a  special  assistant  to  him.  And  then  some  friends 
of  mine  were  working  on  President  Carter's  transition.   I  went  down 
and  volunteered  and  did  work  there,  and  eventually  was  hired  to 
work  in  the  Carter  White  House.   I  was  a  domestic  policy  assistant 
to  the  president,  and  worked  for  Stuart  Eisenstat.   I  worked  again 
on  natural  resource  issues. 

I  was  there  about  four  or  five  months,  and  it  was  extremely 
hard  on  my  family,  just  very  hard  on  my  family,  so  I  left  and  got 
an  appointment  as  deputy  assistant  secretary  for  land  and  water 
resources  in  the  Department  of  the  Interior.   I  served  there  with 
Secretary  [Cecil]  Andrus,  until  the  election  of  1980. 

In  January  of  1981,  I,  along  with  a  lot  of  other  people,  lost 
my  job  in  the  Reagan  sweep.   I  then  did  some  fundraising  work  for 
the  George  Washington  University.   I  left  GW  and  became  executive 
director  of  the  Renewable  Natural  Resources  Foundation. 

Then  I  was  self-employed  as  a  lobbyist  for  about  a  year,  and 
then  in  1982,  I  became  the  administrative  assistant,  which  is  the 
chief  of  staff,  for  Senator  Max  Baucus  from  Montana.   I  was  there 
about  two  years ,  and  then  again  became  a  lobbyist .   I  worked  for  a 
lobbying  firm,  Chambers  and  Associates,  in  Washington  for  about  a 
year. 

In  June  of  1984,  in  the  Texas  primary,  a  man  by  the  name  of 
Abraham  Kazen,  who  was  a  congressman  from  Texas,  and  had  been 
chairman  of  the  Water  and  Power  Subcommittee  of  the  House  Interior 
Committee,  lost  in  the  primary.   That  meant  that  George  Miller  from 
California  was  the  next  person  in  line,  and  he  was  a  friend  of 
mine.   I  had  met  George  and  his  administrative  assistant,  John 
Lawrence,  when  I  had  worked  in  the  Carter  White  House  with 
Secretary  Andrus. 


Long-time  Association  with  Congressman  George  Miller,  1985-1993 


Beard:   They  called  me  up  and  said  that  George  might  become  the  chairman  of 
the  Water  and  Power  Subcommittee,  and  would  I  like  to  go  to  work 
for  him,  and  I  decided  that  I  would.   So  in  February  of  1985,  I 
became  the  staff  director  for  the  Subcommittee  for  Water  and  Power 
of  the  House  Interior  and  Insular  Affairs  Committee.   I  served  in 
that  capacity  for  six  years.   We  changed  the  name  of  the 
subcommittee  two  years  later.   With  Chairman  Morris  Udall's 
resignation  in  1990,  George  became  the  chairman  of  the  full 
committee,  and  I  was  named  staff  director.   The  name  of  the 
committee  was  changed  in  1992  to  the  House  Natural  Resources 
Committee. 

I  worked  for  George  as  the  staff  director  for  the 
subcommittee  and  then  ultimately  as  staff  director  for  the  full 
committee  from  February  of  1985  until  April  of  1993,  when  I 
resigned  and  was  appointed  commissioner  of  the  Bureau  of 
Reclamation,  which  is  the  job  that  I  currently  hold—so  there  it 
is. 


II   GEORGE  MILLER:   HIS  DRIVING  INTEREST  IN  WATER  POLICY  ISSUES 


Chall:   That's  good,  so  we  have  your  background  now.   Was  Miller's  staff 
divided  according  to  subject  matter  so  that  you  were  director  for 
water  and  power?  Or  was  that  all  water  and  power  for  that 
subcommittee? 

Beard:   Yes,  at  the  time  that  I  was  appointed,  George  really  had  three 

overriding  interests.   He  was  interested  in  children,  and  at  the 
time  became  the  chairman  of  the  Select  Committee  on  Children,  Youth 
and  Families.   He  was  very  interested  in  children's  issues.   He  was 
also  doing  a  lot  of  work  on  El  Salvador  at  the  time. 


The  San  Francisco-San  Joaquin  Delta  and  Reclamation  Reform 


Beard:   But  the  one  issue  that  he  wanted  to  pay  attention  to  more  than  any 
other  was  water  resources.  And  the  reason  is  in  his  district, 
Contra  Costa  County,  there  is  only  one  issue  that  unifies  the 
county,  and  that  is  the  issue  of  water  quality.   Most  Contra 
Costans  get  their  water  from  the  Contra  Costa  Water  District,  and 
the  quality  of  the  water  is  not  very  good.   The  reason  it  is  not 
very  good  is  because  salt  water  has  intruded,  and  the  reason  salt 
water  has  intruded  is  because  so  much  water  is  being  pulled  out  of 
the  Delta  and  shipped  south  for  subsidized  agriculture,  for  water 
development  south  of  the  Delta. 

Most  Contra  Costans  have  figured  out  that  there  is  a 
relationship  between  what  they  get  out  of  the  tap  and  what's  going 
on  in  the  valley.   They're  not  sure  what  it  is,  but  they  know  that 
it's  bad,  and  it's  bad  for  them  and  it's  bad  for  fisheries  and 
everything  else.   So  he  used  to  say  to  me,  "I  can  be  as  crazy  as  I 
want  to  on  all  of  these  other  issues,  but  as  long  as  I  pay 
attention  and  fight  hard  for  Delta  water  quality,  my  constituents 
will  reelect  me,  because  it's  the  only--."  I  literally  did  see 


Chall: 


people  walk  up  to  him  and  say,  "You  know  something,  Miller,  you're 
crazy  and  you're  a  left-wing  kook,  but  you  know  what?   I  like  what 
you  do  on  water,  and  I'm  going  to  vote  for  you."  He  had  that 
sentiment  repeated  to  him  a  number  of  times. 

So  when  I  became  the  staff  director  of  the  subcommittee- -we 
had  only  three  people:   myself,  a  man  named  Steve  Lanich,  and  a 
woman  by  the  name  of  Lori  Sonken.   George  basically  said  to  me, 
"Look,  the  thing  I'm  more  interested  in  than  anything  else  is  I 
want  to  prevent  the  Peripheral  Canal,  and  I  want  to  continue  to 
fight  to  make  sure  that  drainage  issues  are  solved  in  the  Central 
Valley,  and  that  we  work  diligently  to  try  to  eliminate  federal 
subsidies  from  irrigated  agriculture."  Those  were  the  issues, 
frankly,  that  got  him  elected  and  continued  to  get  him  elected. 

George  was  the  first  chairman  of  that  subcommittee  who  was 
what  you  would  call  an  "anti-pork-barrel  politician."  He  was  not 
supportive  of  big  water  development,  in  fact  he  was  opposed  to  most 
of  it,  and  so  he  took  over  this  subcommittee.   It  was  sort  of  an 
unusual  thing--"reformer  comes  to  the  field."  So  we  started  to  do 
a  number  of  things.  We  selected  a  water  project  in  North  Dakota 
called  the  Garrison  Project,  and  worked  hard  on  it  to  try  to  re 
formulate  it  so  that  it  was  more  environmentally  sensitive,  took 
into  account  environmental  factors  and  issues  in  a  more  sensitive 
manner.   We  tried  to  reduce  the  cost  to  the  federal  taxpayers,  and 
make  the  project  recipients  pay  more,  and  a  number  of  other  things 
in  what  you  might  call  a  reformist  agenda. 

We  worked  on  that,  as  well  as  many  other  issues,  for  quite  a 
few  years,  for  the  entire  eight  years  that  I  was  there. 

Okay,  well,  we'll  just  go  into  some  of  those  things.   I  know  that 
he  was  very  much  concerned  with  reclamation  reform,  that  is,  the 
size  of  land  subsidies  in  California,  at  least  in  the  160  and  960- 
acre  limits.  That  seemed  to  be  one  of  his  major  interests,  was  it 
not?  And  the  Delta? 


Beard:   Yes. 


Different  Relationships  with  Constituents  and  Central  Valley 
Farmers 


Chall:   In  doing  that,  while  he  may  have  kept  his  good  relationships  with 
Contra  Costa  constituents,  what  was  going  on  with  the  Central 
Valley  growers  who  were  not  his  constituents?  Wasn't  he  making 
enemies  of  them? 


Beard:   Oh,  they  hated  him.   They  still  hate  him,  and  they  don't  like  me. 
Frankly,  I  worked  for  George,  and  I  agreed  with  him.   I  was  an 
adult,  I  took  this  job  because  I  agreed  with  George  and  what  he  was 
trying  to  do.   I  was  a  very  strong  advocate,  as  was  he,  and  George 
made  a  lot  of  political  enemies  as  a  result.   People  in  the  Central 
Valley  absolutely  cringe  at  the  mention  of  his  name;  it  makes  their 
skin  crawl,  and  it  makes  their  skin  crawl,  I  think,  primarily, 
because  George  understands  the  system  better  than  any  congressman 
I've  ever  known.   He  really  understands  how  the  system  works,  and 
he  knows,  or  did  know,  how  to  tweak  the  system,  and  to  make  things 
very  uncomfortable  for  those  who  are  benefitting  from  the  system. 
And  he  was  very  opinionated,  and  didn't  hesitate  to  speak  out  on 
issues  and  was  not  interested  in  their  side  of  the  issue. 

Now,  you've  got  to  remember  with  George  that  you  have  to  go 
back  to  the  fundamental  reason  why  he  even  paid  attention  to  this 
issue,  and  the  reason  that  he  did  is  because  he  knew--  He  was  an 
elected  representative  from  Contra  Costa  County,  and  he  was  there 
to  represent  the  views  of  his  constituents  on  an  issue  that  95 
percent  of  his  constituents  agreed  upon.   The  vote  on  the  state 
initiative  that  was  held  in  1982  on  whether  to  build  a  Peripheral 
Canal--95  percent  of  Contra  Costans  voted  against  it.   Now,  if  you 
find  an  issue  where  95  percent  of  your  constituents  are  on  one 
side,  then  you  better  be  on  that  side  or  you  won't  be  elected  from 
that  district,  and  George  didn't  hesitate  on  that  issue.   He  fought 
passionately  on  that  side—as  a  reformer  in  the  water  field. 

Chall:   Against  the  Peripheral  Canal? 

Beard:   Against  the  Peripheral  Canal,  against  irrigated  agriculture, 

against  the  valley  growers,  against  people  that  you  would  classify 
as  "pork-barrel"  politicians.   He  didn't  care. 

In  the  end,  you  see,  the  harder  he  fought  and  the  more  he 
made  people  mad,  the  better  off  he  was,  because  his  constituents 
were  even  more  proud  of  him,  because  the  more  outrageous  he  got  and 
the  more  frustrated  people  got  at  him  and  lashed  out  at  him,  the 
better  he  looked  to  his  constituents.   So  it  was  sort  of  a  self- 
fulfilling  prophecy.   George's  basic  nature  is  that  he  loves  a  good 
tussle,  he  loves  a  good  fight.   So  that's  what  made  it  for  him,  at 
least,  a  crusade- -which  is  really  what  we  did  for  the  eight  years 
that  I  was  there—a  strong  crusade  and  fight  on  water  issues. 

Chall:  We'll  take  up  some  of  that.  Now,  we'll  get  into  his  relationships 
with  Tony  Coelho  and  Vic  Fazio  and  the  others  as  we  go  along, 
though  Coelho  left  in  time.   Were  they  difficult  because  they  were 
valley  representatives?   I  know  what  happened  later  on  with  Fazio, 
[Richard]  Lehman,  and  the  rest  of  them. 


8 

Beard:   Well,  George's  relationship  with  Tony  Coelho  was  a  very  interesting 
one.   Tony  and  George  really  liked  one  another  personally;  they 
were  very  close.   Tony  was  a  politician  that  was  consumed  with 
ambition- -he  was  going  to  succeed,  and  he  was  an  extremely  talented 
politician.  He  had  a  very  strong  desire  to  succeed,  to  move 
forward  in  leadership  ranks.   He  really  wanted  to  be  Speaker  of  the 
House  of  Representatives.   And  he  represented  his  constituents,  and 
his  constituents  were  opposed  to  everything  that  George  was  for  in 
water  resources  and  vice  versa. 

And  surprisingly,  people  used  to  make  a  big  deal  of  the  fact 
that  Tony  and  George  used  to  argue  publicly,  but  privately  they 
were  the  closest  of  friends.   I  mean,  they  really  liked  each  other 
very  much,  and  respected  each  other  as  politicians  and  people  who 
fought  for  what  they  believed  in.   But  publicly,  Tony  had  to  oppose 
George,  and  he  did  on  a  regular  basis,  but  George  always  supported 
Tony  in  his  efforts  to  be  appointed  head  of  the  campaign  committee, 
and  then  majority  whip,  and  other  positions.   So  they  had  a  very 
good  relationship,  frankly,  and  got  along  well,  although  on  water 
they  were  just  poles  apart. 


Staffs  of  Water  and  Power  Subcommittees  in  the  House  and  Senate 


Chall:   By  the  time  we're  getting  into  the  1990-1991  era  for  the  CVPIA 

[Central  Valley  Project  Improvement  Act],  was  the  staff  bigger?  I 
have  the  names  of  Charlene  Dougherty,  Steve  Lanich,  John  Lawrence, 
and  Dan  Beard.  Was  that  it? 

Beard:   Well,  what  happened  in  1985,  we  had  just  the  three  of  us.   And  then 
after  the  1986  election—that  would  be  1987--we  hired  the  three 
additional  people  for  the  subcommittee.   One  was  the  fellow  by  the 
name  of  Jeff  Petrich,  and  Jeff  worked  on  Alaska  issues.   The 
subcommittee  was  given  jurisdiction  over  Alaska  public  lands 
issues.   Sharon  Kirby,  was  our  clerk  and  secretary,  and  then  the 
last  person  we  hired  was  Charlene  Dougherty.   She  had  worked  as  a 
lobbyist  for  the  Tennessee  Valley  Authority,  she'd  worked  for  the 
Department  of  Energy,  and  her  assignment  previous  to  coming  to  the 
subcommittee  was  with  the  National  Audubon  Society  as  one  of  their 
representatives  on  Capitol  Hill. 

I  hired  her  to  be  a  generalist,  somebody  who  could  work  on  a 
variety  of  issues  and  do  some  backstop  work  on  water  issues.   Steve 
Lanich  handled  the  major  responsibility  for  water.   I  generally  did 
water  resource  matters  in  California.   Steve  did  the  water  resource 
stuff  outside  of  California,  and  then  Charlene  helped  out  from  time 


to  time  because  she  was  pretty  knowledgeable  about  it.   So  that  was 
sort  of  the  staff  complement  on  the  House  of  Representatives  side. 

On  the  Senate  side,  between  1985  and  1986,  it  was  under  the 
control  of  the  Republicans,  and  the  staff  director  for  the 
Subcommittee  on  Water  and  Power  over  there  was  a  fellow  by  the  name 
of  Russell  Brown.  And  then  when  they  switched  and  the  Democrats 
took  over  in  1987,  Russ  Brown  also  stayed,  he  stayed  until  1988. 
After  the  1988  election,  when  Senator  Bradley  became  the  chairman 
in  1989,  he  hired  a  fellow  by  the  name  of  Tom  Jensen. 


President  Jimmy  Carter's  Early  Positions  on  Western  Water  and 
Agriculture 


Chall:   I  want  to  go  back  just  a  moment.   Jimmy  Carter  came  in,  in  terms  of 
western  agriculture,  saying,  I  guess,  "No  more  building;"  also,  "No 
subsidies."  He  took  a  very  strong,  very  immediate  stand,  didn't 
he,  on  water,  and  didn't  get  very  far  if  any  place.   What  happened? 

Beard:   Well,  I  think  that  President  Carter  was  just  about  a  decade  ahead 
of  his  time.   President  Carter  had  a  number  of  interesting 
characteristics,  one  of  which  was  that  he  was  absolutely  one  of  the 
smartest  people  I've  ever  met.   He  was  a  voracious  reader,  a  real 
intellect.   When  you  talked  to  him,  he  didn't  take  any  notes,  he'd 
just  listen,  and  it  was  obvious  that  he  was  consuming  everything 
you  said  to  him  and  internalizing  it. 

During  the  transition,  a  number  of  environmentalists  became 
interested  in  the  idea  of  sending  to  the  president  a  series  of 
water  projects  that  the  funding  could  be  eliminated  for.   President 
Carter  had  been  involved  with  the  Richard  Russell  Dam  [Corps  of 
Army  Engineers]  in  Georgia,  on  the  Georgia-South  Carolina  line.   He 
was  really  very  interested  in  that  controversy,  so  he  took  the 
Environmental  Impact  Statement  and  read  it . 

Well,  it  was  one  of  those  things  where  the  recreation 
benefits  required  a  boat  every  two  feet  filled  with  five  fishermen 
fishing  366  days  a  year  to  get  the  kind  of  recreation  benefits  that 
they  were  proposing  for  this  dam.  Well,  he  read  it  and  said  that 
it  was  an  outrage,  that  it  couldn't  possibly  work  and  didn't  make 
any  sense.   So  that  sort  of  shaped  his--  The  debate  over  the 
Richard  Russell  Dam  shaped  his  personality  or  his  approach  towards 
water  issues  from  the  beginning. 

When  he  came  into  office,  there  was  a  tradition  in  the  Office 
of  Management  and  Budget  and  the  Council  on  Environmental  Quality 


10 

for  preparing  each  year  a  list  of  water  projects  which  the  staff 
felt  that  funding  ought  to  be  reduced  for.   They  had  done  this  in 
President  Nixon's  time,  and  President  Nixon  got  it  and  said,  "Gee, 
this  is  very  interesting,  thank  you  very  much;  now  we'll  not  do 
anything  with  it."  President  Ford  did  the  same  thing.   And  so  when 
that  concept  came  forward  to  President  Carter,  he  said,  "I  like 
this  idea,  let's  do  it." 

Well,  that  sort  of  set  everybody  off,  and  there  were  big 
meetings  in  the  White  House  in  February  of  1977.   There  was  one 
sort  of  big  meeting  that  had  Secretary  [Cecil]  Andrus  and  Bert 
Lance  from  the  Office  of  Management  and  Budget  and  all  of  these 
other  people.   Vice  President  [Walter]  Mondale  was  there.   The  vote 
was  twelve  not  to  do  it  and  one  to  do  it,  and  it  was  President 
Carter  who  voted  to  go  ahead.  And  what  he  did  was  he  just  sent  a 
message  to  the  Congress  saying  that  in  his  budget,  he  was  going  to 
eliminate  funding  for  a  number  of  water  projects. 

Well,  that  just  set  off  a  huge  explosion,  and  big  meetings, 
and  big  controversy,  and  as  President  Carter  later  noted  in  his 
books,  that  he  made  a  mistake,  he  didn't  see  it  all  the  way  through 
to  the  end  and  stick  to  his  guns.   He  ultimately  compromised.   A 
couple  of  projects  fell  on  the  wayside,  though  most  of  them 
survived,  though  it  took  them  a  long  time  to  get  the  funding  back. 

The  president  was  right.   We  were  investing  large  amounts  of 
money  in  projects  of  very  dubious  merit.   They  were  not  returning 
sufficient  revenues  to  the  treasury  and  it  was  a  complete  waste  of 
money.   Now  that's  just  one  person's  view,  but  that  was  certainly 
his  view  as  well,  but  that  didn't  address  the  politics  of  the 
issue.   It  really  clouded  his  relationship  with  the  Congress, 
really  injured  his  relationship  with  the  Congress  for  the  rest  of 
his  term.   That  was  one  of  the  key  factors  that  lead  the  Congress 
to  really  begin  to  turn  against  President  Carter.   So  water  in  that 
sense  was  very  important. 

Chall:   I  see.   That's  because  of  the  solid  water  and  agriculture  united 

front  all  over  the  United  States.   That  would  include  Georgia  even, 
wouldn't  it? 

Beard:   Yes,  oh  yes,  clearly. 

Chall:   All  right.   Well,  that  was  an  important  bit  of  history  that  we 
needed  to  uncover. 

Beard:   Well,  it's  interesting  history  to  me,  because  I  don't  think  anyone 
has  ever  written  a  history  about  the  water  project  fights  of  the 
1970s--President  Carter  and  what  it  really  meant  and  the 


11 

significance  of  it.   It's  sort  of  an  unwritten  chapter  and  it's 
good  history,  it's  very  interesting  history. 

Chall:   It  may  have  started  some  other  thinking  along  the  way. 


12 


III   THE  EMERGENCE  OF  THE  CENTRAL  VALLEY  PROJECT  IMPROVEMENT  ACT  AS 
A  MAJOR  ISSUE  IN  CONGRESS,  1990-1991 


Chall:   Now,  getting  into  the  Central  Valley  Project  Improvement  Act, 

Miller  had  a  group  of  fish  and  wildlife  protection  act  bills  in 
1989,  1990,  and  1991,  which  I  think  the  environmentalists  generally 
call  "fish  bills."   I  guess  everybody  calls  them  fish  bills.   The 
general  idea  was  to  protect  and  enhance  fish  and  wildlife.   What 
concerns  there  were  with  contract  renewals  and  conservation  were 
fairly  minimal  I  guess.   At  the  same  time,  was  it  Miller's  hope 
that  he  was  not  going  to  aggravate  too  much  the  agricultural 
interests? 


Chall:   About  at  that  same  time,  Senator  Bradley  was  coming  in  with  his  own 
bills,  which  were  different.   They  had  more  to  do  with  water 
transfers,  up-front  water,  and  other  things  of  this  kind.   What  was 
the  attitude,  or  the  concern,  of  the  Miller  forces  when  Bradley 
moved  into  this  field?   Was  this  expected  or  accepted?   Was  it 
planned? 


The  Genesis  of  the  CVPIA;   The  Need  for  Mitigation  of  Impacts  on 
Fish  and  Wildlife  in  the  Central  Valley.  1988 


Beard:   Well,  I  think  you  are  mixing  too  many  things  here.   Let  me  go  back 
because  the  one  thing  that's  never  really  been  written  is  the 
history  of  how  the  CVPIA  really  got  started. 

The  CVPIA,  from  George's  perspective,  was  an  idea  that  got 
started  in  a  shower,  if  you  will.   It  was  an  idea  that  I  had  in  a 
shower.   George  was  great;  you  could  come  to  him  with  an  idea  and 
say,  "Here's  this  idea,  what  do  you  think?"  And  he'd  say,  "That's 


13 

a  terrible  idea,"  or,  "It's  a  great  idea,  try  to  run  with  it."   I 
think  that  it  was—I'm  going  to  get  confused  as  to--. 

Chall:   The  bills? 

Beard:   Well,  the  predecessor  to  the  bill  introduced  in  1990.   The  first 
bill--I  can't  remember  the  number  of  the  first  bill  that  we 
introduced,  and  the  date,  but  it  was  called  the  California  Fish  and 
Wildlife  Protection  Act  of  1990.   I've  forgotten  when  we  introduced 
it.   I  think  it  was  in  1990,  obviously. 

[Chall  searches  in  folder  for  the  bill] 

Chall:   There  was  H.R.  4700.   That  was  called  the  California  Fish  and 
Wildlife  Protection  Act  of  1990. 

Beard:   Yes,  that  was  it. 

Chall:   That  was  introduced  on  May  1,  1990. 

Beard:   In  1988,  I  became  very  interested  in  this  idea.   I  was  in  the 
shower,  and  this  idea  kind  of  struck  me.   And  the  idea  was  the 
following:   that  whenever  the  federal  government  built  a  water 
project,  one  of  the  fundamental  concepts  that  was  embodied  in  the 
construction  of  the  project  was  the  concept  of  mitigation.   In 
other  words,  if  a  water  project  had  an  impact  on  migratory  water 
fowl,  or  fisheries,  or  some  other  fish  and  wildlife  values,  the 
water  project  was  required  to  mitigate  the  impacts  of  the  project 
on  fish  and  wildlife.   And  that's  the  case  in  every  single  water 
project  that  I  know  of,  except  for  the  Central  Valley  Project. 

The  Central  Valley  Project  was  the  only  project  that  I  knew 
of  where  there  was  never  any  effort  made  from  the  initial 
construction  all  the  way  up  until  1954,  when  the  first  fish  and 
wildlife  restoration  bill,  a  law,  was  passed,  and  it  only  dealt 
with  one  unit  of  the  Central  Valley  Project.   So  the  Central  Valley 
Project  as  a  whole,  which  is  the  largest  water  project  in 
reclamation,  never—there  was  no  concept  of  mitigating  the  impacts 
of  the  project  on  fish  and  wildlife  resources. 

So  this  was  1988,  and  I  was  thinking  that  what  we  ought  to  do 
is  to  authorize  the  secretary  to  proceed  to  take  actions  to 
mitigate  the  impact  of  the  Central  Valley  Project  on  fish  and 
wildlife  resources  in  the  Central  Valley.   And,  if  not  have  the 
secretary  of  the  interior  do  it,  we  could  maybe  create  or  require 
the  formulation  of  a  regional  body  like  the  Pacific  Northwest  Power 
Planning  Council,  which  has  done  some  work  on  fisheries  restoration 
in  the  Columbia  River.   But  have  somebody  responsible  for 


14 


addressing  the  impact  of  the  project  on  fisheries  resources  and 
then  on  migratory  water  fowl. 

And  that  was  the  general  concept,  the  justification  being 
that  every  other  project  had  to  do  this,  why  should  the  Central 
Valley  Project  not  have  to  do  it? 


Drafting  the  California  Fish  and  Wildlife  Protection  Act  of  1990: 
A  Difficult  Task 


Beard:   So  I  went  to  George  with  this  idea.   This  was  1988;  I  think  it  was 
in  the  fall  of  1988.   George  said,  "This  is  a  great  idea,  and  I 
think  we  ought  to  do  something  with  it."   So  I  turned  to  Charlene 
Dougherty  and  said,  "We  really  ought  to  do  something  about  this, 
and  I  want  you  to  work  on  this . "   She  decided  that  she  would  go  to 
California  and  meet  with  representatives  from  the  National  Audubon 
Society,  the  Environmental  Defense  Fund,  the  NRDC  [National 
Resources  Defense  Council],  and  some  others,  and  see  what  kind  of 
ideas  they  had  about  this  project. 

There  was  a  meeting  around  Christmas  of  1988,  some  time  in 
December,  in  which  Charlene  laid  out  a  general  plan:   we  want  to  do 
a  bill  that  tries  to  restore  fish  and  wildlife  values,  we  want  to 
authorize  some  money  for  restoration,  we  want  to  see  if  we  can  get 
some  water  reserved,  and  some  other  general  concepts.   We  didn't 
quite  know  what  it  was  going  to  be. 

The  response  we  got  was  really  pretty  enthusiastic.   People 
were  very  positive,  and  we  started  to  work  on  it.   This  was  just  at 
the  time  that  the  new  Bush  administration  was  coming  into  office. 
It  became  very  obvious  that  it  was  a  hell  of  a  problem.   It  was  a 
really  difficult  problem  to  write  a  bill  on  this  subject  because 
there  was  simply  no  template,  there  was  no  place  to  jump  off. 

Charlene  struggled  with  it  for  several  months,  and  then  we 
got  into  the  middle  of  a  bunch  of  stuff  with  the  new  Bush 
administration  and  we  really  couldn't  do  anything  on  it.   It  kind 
of  languished,  and  we  never  did  anything  really  until  about 
September  of  1989. 

Again,  at  the  point  we  decided  to  go  out  to--  Charlene  went 
out  to  California,  and  had  another  meeting  with  the  environmental 
groups,  and  said,  "We're  still  working  on  this  bill."  Their 
response  was  again  very  positive,  but  somewhat  cynical  you  know-- 
"Look,  you  came  here  a  year  ago  and  said  you  were  going  to  do  this, 
and  you  didn't  do  anything,  so  why  should  we  help  you  again?"  That 


15 

was  sort  of  Tom  Graff's  response,  and  Tom  was  somewhat  cynical  at 
the  time. 

But  Charlene  said,  "This  is  a  difficult  thing  to  write.   No 
one  has  ever  done  this  before;  we  don't  know  quite  how  to  approach 
the  problem.   We've  struggled  with  all  of  the  typical  problems  that 
you  have.   What  should  we  be  doing?  What  is  the  guiding  principle 
here?  What  are  the  objectives  we  are  trying  to  achieve?  How  much 
do  we  want  to  restore  fish  and  wildlife  populations?  Do  we  really 
want  to  do  fish  populations?"  Because  there  are  all  kinds  of  fish 
populations  and  all  kinds  of  different  types  of  fish,  and  it  gets 
very  complicated  very  quickly. 

But  anyway,  she  really  persisted  at  it,  and  we  worked  hard, 
and  we  struggled  a  lot  during  the  Christmas  interregnum  in  1989. 
We  really  worked  hard  on  getting  a  draft,  going  through  it,  laying 
out  a  statement  of  purposes,  trying  to  find  the  elements  that  we 
could  put  into  it  by  creating  some  fishery  task  forces  and  then 
working  on  trying  to  figure  out  a  way  to  get  the  secretary  to 
implement  what's  called  the  North  American  Plan  for  Waterfowl 
Restoration,  and  a  number  of  other  general  kinds  of  things.   That 
is  the  bill  that  was  introduced  in  May  of  1990,  the  California  Fish 
and  Wildlife  Protection  Act  of  1990. 

It  was  the  result  of  our  efforts,  and  as  you  can  see  from  the 
bill,  the  bill  contained  a  number  of  things.   One  of  which  was  that 
we  had  a  commission  established  to  look  at  restoration.   We  looked 
at  the  problem  of  restoration  and  concluded  that  it  was  just  so 
damn  difficult,  we  don't  know  how  to  do  it.   So  we  did  what  we 
usually  do  in  those  kinds  of  things,  we  created  a  commission  to 
have  them  look  at  it . 

But  the  seeds  were  there,  and  this  bill  really  provided-- 
This  was  the  beginning.  All  of  the  various  elements  are  there.   We 
had  responsibilities  for  the  secretary,  responsibilities  for  this 
commission,  we  implemented  the  North  American  Migratory  Waterfowl 
restoration  plan,  we  did  some  general  efforts  on  water 
conservation,  and  we  just  had--it  was  kind  of  a  mish-mash  of 
things.   But  it  represented  a  sincere  and  honest  intent  on  our  part 
to  try  to  make  the  first  effort  at  sort  of  restoring  fish  and 
wildlife  resources  in  the  Central  Valley  Project. 

Chall:   And  that's  the  one  that  sort  of  got  itself  attached  somehow  to 
[Doug]  Bosco's  bill,  H.R.  3613. 

Beard:   Well,  we  had  a  bill,  H.R.  4700,  that  was  introduced  that  had  a  lot 
of  co-sponsors.   And  then  Bosco  had  a  bill,  and  he  was  in  a  tough 
sort  of  political  race.   George  wanted  to  move  his  bill  and  he 
decided  to  attach  his  bill  to  the  Bosco  bill.   At  this  point, 


16 


Congressman  Lehman  and  others—they  didn't  have  a  sense  of  what 
this  meant  for  their  constituents.   They  were  opposed  to  it  because 
George  was  for  it,  but  they  didn't  quite  know  what  was  involved. 
We  had  some  hearings,  we  had  hearings  on  the  bill,  and  it  was 
obvious  that  most  people  didn't  quite  understand  it,  so  we  reported 
the  bill  out  of  subcommittee,  but  it  really  didn't  go  any  further 
than  that . 


Senator  Bill  Bradley  and  Staff  Director  Tom  Jensen  Take  an  Interest 
in  the  California  Central  Valley  Issues 


Beard:   Now,  it  was  about  this  point  that  Tom  Jensen,  who  worked  with 

Senator  Bradley,  saw  the  bill  and  really  liked  it.   He  became  very 
interested  in  the  bill,  very  interested,  and  said  essentially  that 
he  wanted  to  put  together  a  bill  for  Senator  Bradley  on  the  Central 
Valley  Project  and  fish  and  wildlife  issues. 

Now,  Tom  had  an  interesting  background.   Tom  had  been  a 
lawyer  with  the  U.S. -Canada  Salmon  Commission--! 've  forgotten  the 
name  of  it--in  Vancouver,  British  Columbia.   So  he  had  a  background 
on  salmon  issues,  and  had  got  his  law  degree  at  Lewis  and  Clark  in 
Portland.   He  really  was  very  interested  in  this  issue,  and  had  a 
background  that  was  really  quite  different.   He  decided  to  approach 
the  issue  in  somewhat  different  manner  and  ultimately  wrote  and 
introduced  a  bill,  Bradley 's  bill,  in  the  Senate. 

Now  for  us,  for  Congressman  Miller,  this  was  a  great, 
absolutely  terrific,  development.   One  of  the  problems  that  we  had 
been  having  since  1985  was  that  every  time  we  had  a  reform  measure 
on  water,  we  couldn't  get  anyone  in  the  Senate  to  pay  attention  to 
it;  nobody  in  the  Senate  would  pay  attention  to  it.   Nobody  cared 
in  the  Senate.  You  can't  get  anything  done  in  the  Congress  unless 
you  have  a  coalition  and  unless  you  have  committed  people  who  are 
working  in  both  the  House  and  the  Senate. 

The  reason  is  that  there  are  535  members  of  Congress-- 100 
senators  and  435  members  of  the  House.   And  there  are  about  25,000 
registered  lobbyists  in  Washington,  D.C.   Well,  it  doesn't  take  a 
genius  to  figure  out  that  with  only  535  people  and  25,000  people 
plus  their  constituents  all  clamoring  to  get  some  of  their  time  and 
energy  and  effort,  it  is  really  very  difficult.   Unless  you  have 
somebody  who  is  willing  to  carve  out  some  time  and  say,  "I  am  going 
to  work  on  this  issue,"  you  can't  get  anything  done.   So  you  have 
to  find  somebody  who  is  willing  to  make  that  sacrifice. 


17 

Senator  Bradley,  oddly  enough,  was.   He  became  interested  in 
the  issue,  and  he  decided  that  he  wanted  to  take  on  this  issue  and 
try  to  address  it.   Now,  I  never  really  understood  why.   And  I 
still  don't  to  this  day.   I  think  there  is  in  his  personality 
makeup,  somewhat  of  a  pixie,  you  know,  someone  who  delights  in 
needling  people,  and  Senator  Bradley,  I  think,  enjoyed  the  repartee 
of  arguing  with  people  about  these  things.   There  were  political 
reasons:   people  used  to  say  he  wants  a  good  working  relationship 
with  the  environmentalists,  and  he  may  run  for  president,  and  all 
of  these  kind  of  things.   But  in  the  end,  I  really  think  that  it 
was  just  the  sheer  delight—he  was  fascinated  by  the  subject  and 
fascinated  by  the  hardball  nature  of  the  water  politics  in 
California,  and  fascinated  by  being  on  the  other  side  from  all  of 
these  very  heavy  hitters,  and  he  kind  of  liked  the  controversy  and 
the  intrigue. 

So  we,  George  Miller,  introduced  H.R.  4700,  held  hearings, 
moved  it  forward  a  little  bit  in  that  Congress,  but  it  never  really 
went  anywhere.   Senator  Bradley,  I  think,  introduced  a  bill  at  the 
very  end  of  the  Congress  [S.2658].   I  could  be  wrong  on  that,  but 
it  didn't  really  go  anywhere,  and  it  then  was  left  for  the  next 
Congress  in  1991  that  Mr.  Miller  began  to  move  the  bill. 

Beard:   At  this  point,  at  the  end  of  the  Congress,  all  of  the  bills 

disappear,  and  you  have  to  start  all  over  again,  so  the  bill  was 
reintroduced  as  H.R.  1306.   [March  6,  1991]   We  made  substantial 
improvements  in  the  bill  from  the  previous  Congress,  and  the 
changes  really  reflected  some  discussions.   They  weren't 
negotiations,  they  were  discussions  between  ourselves  and  Senator 
Bradley 's  staff—Tom  Jensen.   We  went  over  and  said,  "Well,  look, 
here's  our  bill,  and  here's  what  you're  interested  in  doing."  We 
decided  to  pick  and  choose  some  things  from  their  bill  to  try  to 
make  it  a  better  bill,  something  that  was  kind  of  unique  for 
George. 

Chall:   That  you  thought  could  go  through  the  Congress,  the  House  at  least? 

Beard:   Well,  through  the  House  at  least.   I  think  even  at  this  point,  none 
of  us,  none  of  the  people  connected  with  George,  ever  thought  in 
our  wildest  dreams  that  the  thing  would  ever  become  law.   I 
honestly  believe  that.   George  used  to  say,  "This  is  going  to  be 
really  hard  to  do.   I  don't  think  we  can  ever  do  it."  Bush  was 
president;  we  had  to  get  the  presidential  signature.   We  had 
somebody  in  the  Senate,  but  you  never  really  knew  how  much  time 
Senator  Bradley  was  willing  to  put  into  it.   It  was  difficult  in 
the  House,  because  you  working  with  two  committees,  and  you  had  the 
opposition  from  the  growers,  and  there  were  all  of  these  factors 
coming  up . 


18 


Unexpected  Changes  in  the  House  and  Senate  Affect  the  Momentum  of 
the  CVPIA 


Beard:   But  a  number  of  things  at  the  end  of  1990  began  to  change  the 
politics  of  the  issue.   First  and  foremost  from  Mr.  Miller's 
perspective  was  that  Moe  Udall  became  basically  incapacitated,  and 
in  1990  really  was  in  terrible  shape.   He  was  not  showing  up  at 
hearings,  and  his  mind  was  wandering,  and  physically  he  was  very 
disabled  because  of  Parkinson's  disease.  And  so  the  last  year,  in 
1990,  George  was  really  running  most  of  the  hearings  and  performing 
a  lot  of  the  duties  of  Mr.  Udall.   Then  the  caucus  re-elected  Udall 
chairman  in  December  of  1990,  and  then  three  days  later  he  fell 
down  the  stairs  and  went  to  the  hospital  and  virtually  was 
incapacitated  at  that  point. 

George  was  then  made  the  acting  chairman  of  the  committee, 
and  I  was  made  the  staff  director  for  the  committee.   So  suddenly, 
George  was  the  chairman  of  the  whole  committee,  and  that  was  a 
major  development. 

Another  thing  that  was  very  important  to  the  overall  politics 
was  that  in  1990,  the  people  from  the  Central  Utah  Project  had 
negotiated  out  with  the  environmentalists  a  bill  to  complete  the 
Central  Utah  Project  and  to  move  it  forward.   So  we  put  their  bill, 
as  well  as  some  other  bills  together,  in  one  package,  and  on  it 
were  some  changes  in  the  Reclamation  Reform  Act  dealing  with  the 
960-acre  limitation.   Those  were  in  there  because  we  were 
responding  to  regulations  that  were  put  out  by  the  Reagan 
administration  in  1987. 

That  package  went  over  to  the  Senate,  and  everybody  was  in 
agreement  that  the  package  ought  to  be  passed  except  Senator  Pete 
Wilson. 

Chall:   That  was  H.R.  2567,  I  think. 

Beard:   Yes. 

Chall:   That  was  the  first  Omnibus  bill,  as  you  call  it. 

Beard:   Yes,  and  Pete  Wilson  adamantly  opposed  it;  he  was  running  for 

governor  at  the  time.   He  just  said,  "No,  I'm  not  going  to  agree  to 
move  this  bill  forward  unless  you  take  out  the  reclamation  reform 
stuff,"  which  the  growers  in  the  valley  wanted.   Mr.  Miller  said, 
"Well,  I  want  them  in  there."  And  so,  it  was  kind  of  a  standoff, 
and  the  bill  died. 


19 


The  Central  Utah  people  were  furious.   The  bill  contained 
legislation  for  other  western  interests—really  minor  stuff,  we're 
talking  really  little  things  in  this  bill.   Anyway,  these  interests 
were  furious.  The  western  senators  were  furious,  because  they 
wanted  their  little  bit  of  pork,  is  what  it  amounted  to.   We  had 
started  this  little  bill  in  1987.  We  didn't  get  it  done  in  one 
Congress;  we  came  back  in  the  next  Congress  and  got  it  all  the  way 
through  and  Senator  Wilson  queered  the  deal. 

So  what  it  meant  was  that  there  was  a  tremendous  amount  of 
momentum  behind  this  sort  of  little  Omnibus  bill  that  we  had,  and 
some  real  frustration.  Well,  Pete  Wilson  won  the  election  [to 
become  governor  of  California].   Suddenly  he  was  gone,  and 
everybody  seemed  to  be  very  happy.  Now,  at  that  point,  everybody 
said,  "Now  George,  you're  not  going  to  link  your  California  Fish 
and  Wildlife  Bill  with  this  Omnibus  bill,  are  you?"  To  which 
George  said  privately,  "Why  not?   I  mean,  this  is  what  I  really 
want . " 

We  really  made  an  assessment  at  that  point  that  the 
Reclamation  Reform  Act  amendments  that  we  were  trying  to  push 
didn't  make  a  lot  of  sense.   We  were  fighting  a  fight  that  was  a 
fight  that  was  really  a  decade  old.   In  1982,  we  had  passed  the 
Reclamation  Reform  Act,  and  that  legislation  really  came  out  of  a 
lawsuit  filed  in  1974  by  the  National  Land  for  People.   So  here  we 
were  in  1991,  arguing  about  something  that  was  essentially  almost  a 
twenty-year-old  problem.   George  just  said,  "Look,  I've  had  it.   We 
don't  need  to  keep  fighting  this  issue  forever.   I  would  rather  us 
put  the  California  Fish  and  Wildlife  Bill  on  this  Omnibus  bill  and 
fight  for  that.   Because  that's  the  future." 

We  said,  "Okay,"  and  began  to  move  that  bill,  H.R.  1306, 
separately,  but  we  also  had  this  little  Omnibus  bill  too,  and  held 
hearings.   I  think  we  even  moved  the  Omnibus  bill  without  the 
California  stuff  in  it. 

George  was  now  the  chairman  of  the  committee,  and  as  chairman 
you  have  a  lot  of  leverage  with  people—bills  don't  move  in 
Congress  without  the  approval  of  the  chairman  of  the  committee,  and 
so  people  were  willing  to  defer  to  George.   They  knew  there  was 
this  disagreement  with  the  valley  farmers --members  representing  the 
valley  farming  interests,  and  they  didn't  like  the  idea  of  being  in 
the  middle  of  this  controversy  between  Miller  and  Coelho,  but  all 
of  a  sudden  Coelho  left. 

Coelho  was  a  brilliant  tactition,  and  he  had  a  significant 
power  base  as  the  minority  whip.   He  basically  worked  with  the 
leadership.   Tony  was  the  person  who  made  it  almost  impossible  for 
us  to  move  legislation.  We  couldn't  get  it  through  the  Rules 


20 


Committee,  we  couldn't  get  it  through  the  leadership  if  Tony  was 
really  adamantly  opposed.   Well,  suddenly,  Pete  Wilson  has  been 
elected  and  goes  off  to  California  as  governor,  Tony  Coelho 
resigns,  George  Miller  becomes  the  chairman,  and  Bill  Bradley  is 
now  interested,  and  has  his  own  bill  in  the  Senate.   So  suddenly, 
the  prospects  just--the  whole  political  landscape  changed 
completely. 


George  Miller  Develops  a  Coalition  to  Push  for  CVP  Reform 


Beard:   That's  the  point  where  we  really  did  something  that  was  very 

unique.   George  became  convinced,  rightly  so,  that  we  were  never 
going  to  move  this  legislation  unless  we  had  a  coalition  behind  it. 
And  the  coalition  would  never  get  organized  behind  it  unless  he 
took  the  responsibility  for  putting  together  the  development  of 
that  coalition.   The  way  George's  office  worked  was  that  George's 
closest  advisor  and  long-time  friend  was  his  administrative 
assistant  John  Lawrence;  John  really  handled  the  politics  in 
George's  office.   I  was  responsible  for  the  water  legislation  and 
the  staffing  of  the  issues. 

Well,  George,  John  and  I  then  began  a  series  of  trips  to 
California,  where  we  met  with  business  interests.   We  went  to  Los 
Angeles,  San  Diego,  and  met  with  Mike  Madigan,  who  was  with  the  San 
Diego  County  Water  Authority  and  was  a  close  advisor  to  Pete 
Wilson,  and  with  other  business  leaders,  and  really  talked.   This 
was  something  that  George  had  never  really  done  much  of  because  he 
never  really  had  any  ambitions  to  run  statewide.   It  was  sort  of 
difficult  for  him,  but  he  really  did  a  great  job.   He  met  with 
business  leaders,  and  essentially  said  to  them,  "Look,  this 
legislation,  something  like  this  is  very  important  to  the  future  of 
California,"  and  people  agreed. 

What  we  did  as  a  result  of  those  trips—we  made  trips  to  the 
Bay  Area,  Los  Angeles,  and  San  Diego,  and  made  visits  to  editorial 
boards—we  really  began  to  develop  a  cadre  of  people  who  were 
buying  into  the  concept  of  this  legislation.   Senator  Bradley  went 
out  and  visited  a  number  of  the  same  people  and  essentially  said 
the  same  thing. 

Then  the  environmentalists  began  to  see  that  there  was  a 
possibility  of  this  thing  moving,  so  they  actually  became  engaged 
and  formed  the  Share  the  Water  coalition  as  a  sort  of  umbrella 
group,  but  then  all  of  the  other  groups  individually  passed 
resolutions  and  did  things  in  support  of  it.   Then  they  began  to  do 


21 


a  bunch  of  editorial  board  meetings  and  other  sort  of  public 
relations  activities  that  really  moved  things  forward. 

And  so  I  really  think  that  it  was  a  confluence  of  a  lot  of 
really  different  things,  a  lot  of  different  things  came  together,  a 
lot  of  different  pieces  of  the  puzzle  began  to  fit  for  a  lot  of 
different  factors.   It  wasn't  just  sort  of  one  factor  or  one 
person.   It  really  takes  a  lot  to  put  a  bill  like  this  together. 
There  are  a  lot  of  different  things  that  have  to  happen. 

I  don't  know  if  that  helps  explain  something. 


George  Miller's  Discomfort  with  Water  Marketing 


Chall:   Oh  yes,  very  much.   In  the  bills  that  Senator  Bradley  was 

interested  in  that  Tom  Jensen  nominally  was  writing,  with  some 
background  from  David  Yardas  and  Tom  Graff,  they  were  interested  in 
water  marketing  and  water  transfers.   I  think  they  felt  that  Miller 
was  not  comfortable  with  water  transfers  at  all,  so  there  was  this 
difference  of  opinion  between  you  for  a  long,  long  time. 

At  one  point,  back  on  September  6th,  1990--this  goes  back  to 
H.R.  1316,  which  was  what  came  out  of  H.R.  4700--David  Yardas  and 
Karen  Garrison  from  the  National  Resources  Defense  Council  wrote  a 
joint  letter  outlining  their  difference  of  opinion  with  H.R.  1316 
with  respect  primarily  to  water  marketing  and  also  to  contract 
renewals. 


Chall:   I  know  that  from  time  to  time  you  apparently  talked  to  them  about 
it,  but  what  was  your  general  reaction  to  this?  Were  you,  the 
staff,  and  George  Miller  uncomfortable  with  the  idea  of  transfers? 

Beard:  Well,  I  sort  of  have  two  answers.  One  is  we  were  uncomfortable, 
Mr.  Miller  was  uncomfortable.  Mr.  Miller  really  felt  very 
uncomfortable  about  water  marketing,  and  part  of  it  is  the  Owens 
Valley  experience.   He  just  simply  said,  "Look,  what's  worse? 
Having  subsidized  agriculture  wasting  water,  that's  bad,  but,"  he 
said,  "having  field  after  field  filled  with  ticky-tacky 
subdivisions  is  bad  as  well."  He  was  Just  really  uncomfortable 
with  the  concept.   He  really  was  worried  about  the  third  party 
impact  of  transfers.   That  was  sort  of  one  level.   In  my 
discussions  with  him,  I  never  really  got  the  sense  that  George  was 
adamant  on  it,  but  he  is  a  thoughtful  person,  and  he  kept  thinking, 
"Look,  this  just  doesn't  equate  with  me,  I've  got  problems  with  it. 


22 


I  don't  really  understand  it,  and  I  don't  think  we  ought  to  be 
moving  forward  on  something  that  I'm  not  entirely  sure  about." 

That  was  one  level.   The  other  level  was,  the  other  factor, 
was  that  Congressman  Lehman,  Congressman  Coelho,  and  then 
Congressman  [Gary]  Condit  that  followed  him,  and  Congressman 
[Charles]  Pashayan,  who  was  a  Republican  from  Fresno,  who  was 
followed  by  Congressman  [Cal]  Dooley--the  valley  congressmen  were 
constantly  talking  to  George  saying,  "George,  you  can't  do  this." 
George  was  under  a  tremendous  amount  of  pressure  from  the  valley 
congressman  on  a  regular  basis,  who  were  saying  to  him,  "Look, 
George,  there  is  only  one  issue  in  my  district,  and  it's  you,  and 
it's  you  and  this  bill,  and  I'm  going  to  be  defeated  if  you  don't 
back  off  of  this  bill." 

George  said,  "I  believe  in  this  bill,  and  my  constituents 
believe  in  this  bill."  Because  we  did  a  lot  of  organizing  in  the 
district  to  make  damn  sure  that  people  knew  what  he  was  doing,  and 
it  goes  back  again  to  why  he  was  even  interested  in  the  subject 
area.   He  said,  "I  understand  your  concerns  about  water  transfers 
and  water  marketing,  and  I've  got  those  same  concerns,  but  I  want 
to  move  the  bill  forward."  So  that's  where  we  were.   It  never 
really  appeared  in  our  bill,  primarily  because  George  was  opposed, 
or  uncomfortable--!  don't  think  that  opposed  is  the  right  word—but 
very  uncomfortable,  and  he  was  being  hit  pretty  hard.   Members  of 
the  delegation  were  banging  on  him  pretty  hard. 

There's  another  problem  with  water  transfers,  too,  that  I 
have  struggled  with.   I  have  always  been  a  believer  in  one  of  the 
fundamental  policy  precepts  of  reclamation  law,  and  that  is  that  we 
defer  to  state  law  wherever  possible.   In  California,  at  least, 
California,  compared  to  the  other  western  states,  is  a  fairly 
progressive  legal  state.   So  I've  always  said  to  people  in  the 
Senate  who  opposed  us  on  things,  they  would  make  this  accusation 
that  you're  trying  to  federalize  this  thing,  and  I'd  say,  "No,  just 
let  state  law  prevail,"  because  California  has  a  very  progressive 
law  in  this  area.   And  they  would  say,  "Ah,  well,  we  can't  do 
that."   So  they  always  had  this  duplicitous  position  in  my  view. 

But  anyway,  I  always  felt  that  water  marketing  and  water 
transfers  ought  to  be  a  subject  of  state  law,  not  a  federal  law, 
that  if  the  state  of  California  wanted  to  allow  this  to  happen,  we 
ought  to  defer  to  the  state  and  let  the  state  do  it.   Now  there  are 
problems  with  that,  because  people  who  are  getting  water  from  the 
federal  project  were  getting  federal  subsidies,  so  I  was  sort  of 
uncomfortable  with  it  too.   As  the  chief  staff  person,  and  with 
George  sort  of  uneasy  about  it--I  wasn't  there  constantly  saying  to 
him,  "No,  no  George  change  your  mind."  I  basically  agreed  with 


23 

him.   So  we  kept  those  provisions  out  of  the  bills  that  he 
introduced. 

Chall:   I  just  wanted  to  understand  your  reason. 

Beard:   David  and  Karen  and  Tom  are  absolutely  right.   George  did  not  agree 
with  their  position,  did  not  agree  that  water  transfers  and  water 
marketing  was  the  answer,  and  didn't  put  it  in  his  bill.  And  they 
were  not  happy  about  it. 

Chall:   In  the  meantime,  however,  some  of  this  was  in  the  Senate  bill 

S.484--transition  to  water  marketing,  a  certain  amount  of  up-front 
water  and  all  of  the  rest  of  it.   But  you  could  not  get  that 
Bradley  bill  through  the  Senate. 


Introduction  of  John  Seymour's  Bill  S.2016  Changes  the  Politics  of 

CVP  Reform  Legislation 


Beard:   Well,  our  difficulty  in  the  House  was  that  George  introduced  this 

bill  [H.R.  1306],  and  the  argument  against  George  was  that  this  was 
not  needed,  that  this  was  one  person's  view  on  how  to  solve  the 
problems  of  the  Central  Valley  Project. 

Chall:   What  person? 

Beard:   George  Miller.   In  the  House  of  Representatives,  his  critics  said, 
continually,  and  his  critics  out  in  the  field  said,  "Listen,  this 
is  George  Miller's  view  of  what  ought  to  happen,  but  there's 
nothing  wrong,  we  don't  need  to  change  it,  no  bill's  better  than 
some  bill--"  there  was  always  that  argument.   So  the  onus  was 
always  on  us  to  come  up  with  the  rationale  as  to  why  the  Congress 
of  the  United  States  had  to  pass  this  bill.   Frankly,  it  was  a 
terribly  difficult  uphill  battle.   And  even  when  Bradley  introduced 
his  bill,  it  then  became  "Bradley  and  Miller's  view  of  the  world," 
against  present  reality.   "Why  do  we  need  to  change  things  just 
because  two  people  think  it  ought  to  be  changed?" 

Chall:   Even  though,  there  were  so  many  environmentalists  by  this  time,  and 

the  Business  Roundtable  and  all  of  the  others  moving- 
Beard:   But  it  still  was  a  powerful  argument.   It's  you  against  the  world. 
The  moment  that  I  heard  that  Senator  Seymour,  and  I  think  it  was 
Dooley  at  that  point,  were  going  to  introduce  their  own  bill  [The 
Central  Valley  Project  Fish  and  Wildlife  Act],  I  went  to  George, 
and  I  said,  "You've  won."  Because  now  it's  not  an  argument  of 
whether  there  ought  to  be  a  bill,  there's  agreement  that  there 


24 

ought  to  be  a  bill.   Now  it's  just  a  question  of  what  should  be  in 
the  bill.   And  I  said,  "We  win  that  fight  every  time,  because 
you're  chairman  of  the  committee,  you  appoint  the  conferees,  your 
staff  is  going  to  be  the  one  writing  the  bill,  so  in  the  end  you'll 
win.   You're  going  to  win  this  argument  in  the  end  because  now  the 
argument  is  a  different  argument.   It  used  to  be  we  want  a  bill; 
why  do  you  need  a  bill?  But  now,  they  have  a  bill  and  we  have  a 
bill,  so  everybody  agrees  we  ought  to  have  a  bill.   Now  it's  just  a 
question  of  just  what  does  it  say?" 

I  was  really  surprised,  I  must  tell  you--not  surprised;  I 
was  shocked- -that  our  opponents  decided  to  introduce  their  own 
bill. 

Chall:   Did  you  know  they  were  writing  one? 

Beard:   Oh,  yes.   You  heard  the  pitter-patter  of  their  feet.   They  felt, 

from  their  perspective,  that  they  couldn't  withstand  the  criticism 
that  we  were  constantly  launching  against  them—that  we  needed  a 
bill,  we  needed  a  bill,  we  needed  a  bill.   They  were  having 
difficulty  arguing  with  that.   I  think  in  retrospect,  they  realized 
the  mistake  that  they  made. 

Chall:   That  they  should  have  stonewalled  the  whole  thing? 

Beard:   Yes.   They  should  have  stonewalled  it,  because  they  had  the  support 
of  the  administration,  the  administration  was  stonewalling;  the 
Bush  administration  didn't  agree  with  it. 

So  it  was  really  interesting  to  me  when  that  decision  was 
made.   I  think  there's  an  interesting  story  that  ought  to  be  told, 
and  maybe  this  is  the  appropriate  point  to  tell  it—that  is,  when 
Senator  Seymour  was  appointed.   Senator  Wilson  was  elected  governor 
and  resigned  and  then  appointed  John  Seymour  to  follow  him.   And 
when  that  appointment  was  made,  we  had  some  momentary  high  hopes, 
because  Pete  Wilson  had  approached  water  in  a  very  simplistic 
fashion.   He  just  simply  said  in  effect,  "I'll  go  to  Fresno,  hold  a 
fundraiser,  and  do  whatever  they  want  me  to  do."  That  was  our 
perception  of  what  he  was  doing. 

He  didn't  give  a  damn  about  what  the  people  in  northern 
California  thought,  he  didn't  give  a  damn  about  what  the 
environmentalists  thought.  Wilson  really  felt  that  the  swing  in 
the  state  was  in  the  valley.  He  would  get  votes  in  southern 
California,  and  the  swing  was  in  the  valley,  and  the  way  to  get  the 
valley  votes  was  to  do  what  the  water  guys  wanted.   That's  sort  of 
the  simplistic  view  of  it.   And  he  raised  a  lot  of  money  there  too. 
This  was  sort  of  his  view. 


25 

Now,  when  Senator  Seymour  was  appointed,  we  really  felt--  Let 
me  back  up.   Senator  Wilson's  staff  never  spent  a  nanosecond 
worrying  about  the  merits  of  an  issue,  the  merits  of  a  water  issue. 
I  mean  they  seemed  to  think  that  whatever  the  folks  in  Fresno  said 
ought  to  be  their  position,  that  generally  was  the  position  they 
took. 

Chall:   And  do  you  think  that  carried  over  when  he  was  governor  as  well? 

Beard:   Well,  I  think  so,  but  then  that's  just  my  perception.  But  when 

John  Seymour  was  appointed,  we  really  had  high  hopes.  We  thought 

maybe  he  would  be  independent,  maybe  he'll  look  at  it  a  little 
differently. 

About  two  or  three  weeks  after  he  was  appointed,  George,  who 
flew  home  every  week,  who  commutes  every  week  to  the  Bay  Area,  was 
on  a  plane,  and  as  he  boarded,  he  noticed  that  Senator  Seymour  was 
there.   So  George  went  up  to  him  and  said,  "Look,  you  don't  know  me 
from  Adam,  and  a  lot  of  people  have  probably  told  you  lots  of 
things  about  me,  but  let  me  tell  you  how  you  can  be  a  winner  on  the 
water  issue  by  supporting  this  legislation.   I  would  urge  you  to 
think  about  addressing  water  issues,  to  be  an  independent  voice, 
and  to  really  take  a  position  that  is  really  pro-southern 
California  by  putting  some  reforms  on  people  in  the  Central 
Valley." 

George  said  that  he  talked  to  Seymour  for  a  couple  of  hours 
on  this  flight.   I  said,  "Well  what's  the  conclusion?  You  talked 
to  this  guy  for  two  hours,  what's  the  answer?"  He  said,  "I  didn't 
make  any  headway.   He  looked  at  me,  and  I  knew  the  look  in  his 
eyes,  which  was  'I  just  got  this  job,  I  have  absolutely  no  idea  who 
you  are,  what  you're  talking  about,  and  not  only  that,  I  don't 
care."1   It  was  sort  of  one  of  those  things  where,  he  was  polite, 
but  simply  thought  George  was  some  kind  of  a  crazy  man  who  sat  down 
next  to  him  and  started  talking  about  some  particular  issue. 

And  from  the  very  moment  that  Senator  Seymour  took  office,  he 
took  a  very  strong  position  in  support  of  the  Central  Valley 
Project  farmers.  And  we  always  felt,  Miller's  staff  always  felt, 
that  he  took  that  position  based  on  advice  he'd  received  from 
Governor  Wilson,  "This  is  how  you  handle  water,  you  do  whatever  the 
folks  in  Fresno  ask  you  to  do." 

I  don't  know,  Rich  [Richard]  Golb  might  have  a  different  view 
on  it,  he  was  there,  but  it  was  always  my  view  that  was  the  case.1 


'Interview  with  David  Golb  in  process. 


26 


But,  anyway,  when  Senator  Seymour  and  Congressman  Dooley 
decided  to  introduce  a  bill,  I  really  felt  that  the  fight—the  most 
difficult  impediment  in  the  way  of  getting  a  bill  through  was 
really  gone,  that  we  now  had  a  green  light.   Now  it  really  just 
became  a  question  of  how  we  would  we  do  this.  And  that's  hard—it 
was  a  hard  fight  from  there  on  out.   I  think  it  was  very  difficult. 
It  was  the  most  difficult  bill  I've  ever  worked  on,  primarily 
because  it  was  the  largest  because  we  had  all  of  the  various 
sections  of  the  bill. 


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27 


IV  HOUSE  AND  SENATE  COMPROMISES,  NEGOTIATIONS,  AND  MANEUVERS  MARK 
FINAL  PASSAGE  OF  THE  CVPIA:   THE  OMNIBUS  WATER  ACT 


The  Senate  Passes  the  Seymour  Bill 


Chall:   What  was  the  reaction  of  Miller  and  the  staff  when  the  Senate 
committee  [Energy  and  Natural  Resources]  and  then  the  Senate 
itself,  passed  Senate  bill  2016  into  H.R.  429,  and  you  were  left 
with  the  Seymour  bill?  That  was  in  April  of  1992?  You  were  now  on 
the  hot  seat,  as  it  were. 

Beard:   Right.   It  was  good  news-bad  news.   The  bad  news  was  a  really 

terrible  bill  was  now  the  Senate  bill.   The  good  news  was  that  the 
Senate  had  moved  a  bill.   Our  problem  had  been  that  we  had  used 
every  means  that  we  could  think  of  to  try  to  jab  Senator  [Bennett] 
Johnston  to  move  a  bill,  and  we  couldn't  get  him  to  move,  and 
neither  could  Bradley.   I  never  understood  why  Johnston  never 
wanted  to  move  a  CVP  reform  bill.   But  he  would  come  to  George  and 
ask  for  things,  and  George  would  say,  no,  and  then  Johnston  would 
wander  off  mumbling,  and  then  his  staff  would  get  to  me  and  say, 
"Why  doesn't  George  want  to  move  this  bill?"  And  I  said,  "Because 
you  won't  move  his  bill."  They  never  quite  understood  the 
relationship  and  the  commitment,  and  how  strongly  George  began  to 
feel  about  this  bill. 

What  had  happened  was  that  this  started  out,  as  I  said,  as  an 
idea  in  the  shower,  and  we  were  going  to  fix  up  the  fish  and 
wildlife.   Well  suddenly,  this  thing  had  mushroomed  into  the 
biggest  water  bill  that  George  had  ever  introduced.   It  was  now 
becoming  sort  of  like  a  legacy.   He  saw  the  upside  to  it,  more  so 
than  any  of  us  did  at  the  time.   He  saw  the  upside  of  what  was 
happening.   This  thing  was  getting  bigger  and  bigger,  and  more 
important,  and  more  people  throughout  the  state  were  beginning  to 
see  the  importance  of  it,  but  you  couldn't  get  anybody  in  the 
Senate  to  pay  attention. 


28 

The  Senate,  by  moving  a  bill,  was—well,  it  was  good  news 
that  they  moved  a  bill,  but  bad  news  that  it  was  a  terrible  bill. 
Now,  there  was  a  reason  that  Senator  Johnston  used  this  approach. 
We  had  some  legislation  earlier  on  the  Tongass  Timber  Reform  bill, 
and  we'd  actually  gotten  that  bill  through  because  we  put  a  [Frank] 
Murkowski-[Ted]  Stevens  bill  in  the  Senate  bill,  got  it  through  the 
Senate,  then  went  to  conference,  and  then  came  out  with  a 
compromise  effort,  and  the  Tongass  legislation.   That  formula 
intrigued  Johnston  quite  a  bit.   So  he  always  tried  to  duplicate 
that  later  on.   That  was  what  he  was  doing  in  this  case,  he  was 
trying  to  duplicate  the  Tongass  approach. 

He  [Johnston]  kept  assuring  us,  "I'm  not  going  to  move  a  bill 
that  you  don't  accept  in  conference.   If  you  don't  like  the  bill, 
it  won't  come  out  of  conference."  We  took  him  at  his  word,  but 
Bradley  also  said,  "I'm  going  to  make  sure  that  its  the  right 
bill,"  and  so  we  at  least  got  to  conference,  which  was  the 
important  thing. 

Chall:   So  now  we're  talking  about  the  conference  committee. 
Beard:   Right. 


George  Miller  Accepts  the  Concept  of  Water  Transfers;   The 
Significance  of  the  Metropolitan  Water  District 


Chall:   But  before  we  get  there,  before  we  get  to  the  conference  committee, 
I  think  you  were  talking  about  the  fact  that  Miller  introduced  H.R. 
5099,  a  bill  similar  to  the  Johnston  mark,  as  I  understand  it,  in 
May  of  1992,  which  would  be  the  House  bill  opposed  to  the  [Seymour] 
bill  that  had  passed  the  Senate.   David  Yardas  claimed  that  he 
spent  quite  a  bit  of  time  with  Steve  Lanich  and  Liz  Birnbaum 
working  out  the  substance  of  this.  But  then,  when  your  own  staff 
worked  on  it,  while  it  came  out  somewhat  differently,  it  showed 
that  you  had  accepted  some  ideas  of  water  transfers? 

Beard:   Yes. 

Chall:   And  how  did  this  come  about  that  you  accepted  some  of  these  ideas? 

Beard:   Well,  I  think  there  were  water  transfer  provisions  in  the  Seymour 
bill,  as  I  recall.   I  could  be  wrong  on  that. 

Chall:   Yes,  there  were  some  not  like  the  others. 


29 

Beard:   No,  not  like  the  others.   But  it  became  pretty  obvious  to  us  that 
in  the  politics  of  the  issue,  which  is  really  the  place  where  I 
spent  most  of  my  time,  the  politics  of  the  issue  really  demanded 
that  we  include  something  on  water  transfers.   Primarily,  this  was 
because  this  was  the  only  thing  that  Metropolitan  Water  District  of 
Southern  California  was  really  interested  in.   There  is  no  other 
reason  why  they  should  be  interested  in  the  bill.   The  Met  is 
fundamental  in  water  politics  in  California.   You've  got  to  have 
the  Met  on  your  side,  and  the  Met  was  interested  in  the  bill;  they 
saw  it  as  the  major  advantage  to  them. 

Most  people  in  southern  California,  including  the  Met,  saw 
water  transfers  as  a  potential  new  source  of  water,  and  so  in  that 
sense  George,  despite  his  unease  about  it,  sort  of  said,  "Well,  I 
guess  I  can  go  along  with  it  in  a  limited  fashion."  Plus  everybody 
by  this  point  had  transfer  provisions  in  their  bill.   Seymour  did, 
Bradley  did- -they  were  there  and  we'd  been  talking  about  it  enough 
that  we  knew  a  little  bit  more  about  it  now.   And  then  it  was 
fundamental  to  the  politics  of  the  issue  too. 

I  suppose  I  could  go  back  and  do  this,  but  it  would  take  me  a 
while  to  do  it.   I  used  to  know  it  at  one  time.   I  don't  know  how 
many  times  we  passed  this  bill  [House  CVP  reform  bill] ,  and  in  how 
many  forms,  in  1992,  but  we  did  so  a  large  number  of  times.   We 
seemed  to  try  to  attach  it  to  just  about  everything  that  we  could 
find.   We  were  doing  it  because  we  were  trying  to  find  ways  to  get 
this  thing  over  to  the  Senate,  get  the  Senate  to  move  it,  and  then 
get  it  back.   All  you  have  to  do  in  the  Congress  is  pass  the  same 
version  in  both  houses,  but  that  sometimes  is  very  very  difficult. 
We  had  reconciliation  bills—we  had  every  kind  of  bill  that  you 
could  think  of  and  we  were  always  trying  to  add  our  provision  to 
something  else,  trying  to  find  vehicles  to  get  it  through. 


Motivation  for  Attaching  the  CVPIA  to  the  Omnibus  Water  Bill 


Beard:   The  thing  that  we  really  decided  on  in  the  end--  We  really  sort  of 
settled  on  this  strategy  of  attaching  our  bill  to  this  Western 
Water  Omnibus  bill  that  was  going  through.   The  one  that  had  failed 
in  1990  because  Senator  Pete  Wilson  had  failed  to  go  along  with  one 
of  the  provisions.  We'd  not  really  attached  the  Central  Valley 
Project  bill  to  the  that  Omnibus  bill  until  1991  when  George  made 
the  decision  to  try  to  do  that,  and  so  we  linked  the  two,  and  at 
that  point  they  never  were  really  separated. 


30 

Our  conclusion  in  the  end  was  that  the  only  way  we  were  ever 
going  to  get  this  thing  through  was  to  have  it  be  part  of  an 
Omnibus  bill. 

The  reason  the  Omnibus  bill  worked  is  that  in  the  Senate 
there  were  a  lot  of  western  Republicans,  primarily,  but  a  lot  of 
western  senators  who  don't  have  a  lot  of  interest  in  water  reform. 
Their  states  have  done  pretty  well,  and  their  farmers  and 
agricultural  interests  like  the  subsidies  that  they  get,  and 
they're  not  interested  in  cutting  off  the  gravy  train. 

And  so  every  time  we  would  throw  out  a  reform  effort,  they'd 
see  it  as  a  threat  to  their  state  and  they'd  kill  it.   We  never 
could  get  anything  through  the  Senate.   It  was  really  difficult. 
The  only  times  that  we  did  is  when  we  used  to  push  "free  market 
values"  and  stuff  like  that,  and  that  never  made  any  difference 
either,  so  we  never  seemed  to  make  any  headway  and  it  was  very 
frustrating. 

But  we  watched  what  happened  when  the  Omnibus  bill  was  put 
together,  and  it  was  really  amazing.   Some  very,  very  minor  bills, 
frankly,  as  far  as  we  were  concerned--!  mean  the  amount  of  money 
and  other  things  that  were  in  there,  it  was  really  minor—really 
seemed  to  energize  these  western  senators.   They  wanted  these  bills 
desperately. 

Chall:   Wyoming  and-- 

Beard:   Wyoming  was  the  best  example.   Senators  Malcolm  Wallop  and  Alan 
Simpson  desperately  wanted  their  bill,  and  these  bills  were 
practically  not  even  necessary  in  many  cases.   But  they  wanted 
these  bills,  and  who  were  we  to  argue  with  them  if  they  wanted  it? 
The  more  they  wanted  it,  the  better  it  was  for  us. 

It  became  pretty  apparent  that  this  omnibus  strategy  was 
going  to  develop  and  move  forward  and  ultimately  be  successful 
because  they  were  getting  what  they  wanted  and  we  were  going  to  get 
what  we  wanted. 

Chall:   If  you  held  off  long  enough? 

Beard:   If  we  held  off  long  enough,  and  if  we  kept  the  pressure  up  enough. 
Senator  Seymour  was  really  the  only  person  in  the  way.   Senator 
[Alan]  Cranston  was  coming  to  the  end  of  his  term,  and  was  not 
terribly  interested  and  was  sort  of  taking  a  walk  here.   He  wasn't 
interested  in  the  issue,  and  his  staff  did  a  good  Job  of  working 
silently  on  our  behalf,  trying  to  help  us  whenever  possible. 


31 

Senator  Seymour,  unfortunately,  really  kept  putting- -dragging 
this  thing  out,  dragging  it  out  and  dragging  it  out,  and  wouldn't 
compromise.   The  other  western  Republican  senators  became  very 
frustrated  with  Senator  Seymour  because  they--  That's  the  reality 
of  being  a  legislator.   You  always  work  to  compromise,  to  work 
towards  the  middle.   Senator  Seymour  was  not  showing  any  interest 
at  all  compromising  in  any  fashion  on  anything  dealing  with  water. 

Now  I  knew  why,  because  the  valley  interests  were  adamantly 
opposed,  and  so  the  western  Republican  senators  began  to  put 
pressure  on  him.   They  said,  "Hey  look,  you've  got  to  compromise  at 
some  point."  And  that  was  largely  due  to  the  fact  that  we  had 
developed  the  strategy  of  putting  together  an  Omnibus  bill. 

Chall:   Holding  it  hostage,  as  they  say. 
Beard:   Sure. 


George  Miller's  Compromise  with  Central  Valley  Congressmen 


Chall:   Let  me  back  up  then  just  a  bit.   You  introduced  5099,  which  did 
have  some  elements  in  it  that  were  like  the  Johnston  mark  and 
Bradley 's  bill,  which  of  course  the  environmental  groups  were 
strongly  for  in  general. 

Miller  then  had  discussions  with  some  of  the  valley  people— 
Dooley,  Lehman,  Fazio,  probably—and  came  up  with  a  compromise 
which  the  environmentalists  call  "a  compromise  for  a  day."  They 
feel,  the  environmentalists  feel,  that  the  bill  then  had  no  money 
in  it,  no  water,  and  it  left  the  decisions  up  to  the  secretary  of 
the  Interior,  who  they  felt  they  might  not  be  able  to  trust.   Of 
course  the  agricultural  interests  also  felt  that  they  might  not  be 
able  to  trust  who  might  be  the  secretary  at  some  point.   But  the 
compromise  really  created  quite  a  stir  among  people  on  both  sides 
of  the  issue. 

What  was  the  reason  for  that  compromise?  You  probably  have 
explained  that  already—just  to  get  that  bill  out  was  probably  one 
of  the  main  reasons . 

Beard:   Well,  you  know,  the  whole  concept  of  a  legislative  body,  at  least 
in  our  system,  is  that  you  negotiate  with  your  adversaries  and  try 
to  reach  a  compromise  that  is  acceptable  to  both  parties.   And 
that's  what  that  bill—that  version  of  the  bill  was  all  about.   We 
had  our  own  version  which  we  had  introduced.   They  had  their 


32 

version,  and  so  far  never  the  twain  shall  meet.   We  had  been  at 
polar  opposites  here. 

George  directed  us,  he  said,  "Listen,  we  have  an  obligation 
here  to  try  to  see  if  we  can  forge  a  compromise,  a  compromise  which 
we  can  live  with,  and  which  we  can  sell  to  the  environmental 
community  and  the  people  and  everybody  else."  George  felt  that  we 
had  to  do  that  because  the  criticism  that  was  being  laid  against 
him  by  the  valley  members  was  that,  "George,  you're  not  being 
reasonable.   You  won't  sit  down  and  negotiate  with  us."  And  so  we 
sat  down  and  we  negotiated,  and  that  was  really  John  Lawrence,  and 
myself,  and  Steve  Lanich  doing  the  staff  work. 

I  think  it  is  fair  to  say  that  the  environmentalists  did  not 
have  the  kind  of  impact  on  our  versions  of  the  bill  that  they  had 
in  the  Senate.   I  mean,  Dave  Yardas  worked  very  closely  with  Tom, 
but  he  did  not  work  as  closely  with  us,  primarily  because  we  had 
more  resources  and  we  had  a  greater  personal  stake  in  it.   And  we 
had  some  views  that  they  [the  environmentalists]  didn't  share. 

But  we  did  sit  down,  and  we  did  negotiate.  After  the  first 
negotiation  session  we  went  back  to  George  and  said,  "This  just 
isn't  going  to  work,  these  guys  aren't  interested  in  negotiating 
anything."  Well,  we  started  to  negotiate  and  didn't  go  anywhere, 
but  we  worked  forward  and  sort  of  came  up  with  this  draft  for  a 
day,  and  we  took  it  out  and  we  showed  it  to  everybody  and  everybody 
just  sort  of  went  thumbs  down. 

Chall:   Both  sides? 

Beard:   Both  sides.   At  which  point  we  went  back  into  the  room  and  said, 
"This  isn't  doing  either  of  us  any  good."  And  at  that  point,  the 
other  side  decided  that-- 

** 

Beard:   --as  Congressman  Dooley  and  Congressman  Condit  said,  "We  simply 

can't  negotiate  with  you,  because  any  bill  is  unacceptable  to  our 
constituents."  And  we  understood  that;  that's  fair.   So  we  were 
then  left  in  the  sort  of  odd  position  of  having  complete  freedom  to 
negotiate  anything  we  wanted.   There  was  nothing  standing  up 
between  us  and  the  goal  line,  assuming  that  we  could  get  this  thing 
there.   And  there  was  nobody  to  interfere  with  us  on  the  House 
side.   Nobody  on  the  House  side  really  cared,  other  than  George  and 
the  valley  congressmen—there  wasn't  anybody  from  New  Jersey  or 
someplace  who  was  really  committed  to  it. 

Congressman  Fazio's  staff  did  a  very  good  job  of  sort  of-- 
Fazio  was  going  to  oppose  the  bill,  but  he  kept  coming  forward  with 


33 

these  little  provisions,  saying,  "Can't  you  put  this  in  there,  and 
can't  you  put  that  in  there?"  We  tried  to  accommodate  him  to  the 
extent  that  we  could,  so  that  at  least  the  tone  of  his  rhetoric 
was-- 

Chall:   Are  we  still  talking  about  H.R.  5099  or  the  final? 
Beard:   Well,  I'm  talking  about  the  final  bill. 
Chall:   Okay,  I  just  wanted  to  make  sure. 

Well,  first  of  all,  we  have  to  go  back  to  H.R.  5099,  because 
after  the  compromises  were  made,  you  did  pass  that  bill  in  the 
House.   Then  a  tiered  pricing  was  added  as  an  amendment,  which  had 
been  considered  before  apparently,  with  Yardas  working  with 
Congressman  [Sam]  Gejdenson.   Otherwise  it  contained  the  compromise 
language,  as  I  understand  it.   It  came  out  late  at  night  with  a 
voice  vote. 


The  Somach-Graff  Negotiations 


Chall:   But,  we  haven't  discussed  Somach-Graff,  which  came  out  before  you 
went  to  the  House  with  H.R.  5099.   Tom  Graff  was  asked  to  consider 
this  negotiation  with  [Stuart]  Somach,  and  he  [Graff]  said  he  went 
to  you,  and  you  said  in  effect,  "Go  ahead,  we  just  won't  promise 
you  our  support,  but  see  what  you  can  do."  Because  you  were,  at 
that  point,  at  a  stalemate  and  both  sides  apparently  felt  that 
maybe  something  should  be  done. 

However,  Somach  was  pulled  out  before  the  briefing  session, 
and  the  only  person  left  to  do  the  briefing  was  Tom  Graff.   Can  you 
describe  that  briefing  meeting? 

Beard:   Well,  it  was  pretty  laughable,  actually.   What  was  happening,  what 
was  really  happening  here  was  a  larger  tussle  that  was  taking 
place,  and  that  was  that  the  people  who  were  opposed  to  a  bill  were 
just  so  strongly  opposed  to  a  bill.   You've  got  to  remember  the 
whole  politics,  in  my  view,  changed  when  they  introduced  a  bill  and 
said,  "We're  for  this  bill."  And  as  it  turned  out,  even  if  we 
would  have  moved  that  bill  [Seymour  S.2016],  I  don't  think  they 
would  have  been  supportive,  but  that  was  as  far  as  they  were  ever 
willing  to  go  on  anything. 

I  really  think  that  Stuart  and  Tom  really  did  a  service  to 
everybody  by  trying  to  sit  down  and  negotiate  a  compromise.   You've 


34 


got  to  remember,  we  wanted  a  bill  and  we  were  willing  to  compromise 
a  lot. 

One  of  the  things  that  has  frustrated  many  people  in  the 
environmental  community  with  George  has  been  his  failure,  in  their 
eyes,  to  fall  on  his  sword.   Now,  he  has  fallen  on  his  sword  a  lot 
of  times,  but  George  has  always  recognized  that  in  the  Congress  at 
least,  he's  at  one  end  of  the  spectrum.   If  you're  at  the  end  of 
the  spectrum,  be  it  on  the  right  or  the  left,  you  can  never  get 
your  way  100  percent  of  the  time  because  your  views  are  extreme. 
In  our  system  at  least,  we  always  move  legislation  that  is  in  the 
middle.  The  trick  is  to  try  to  move  the  center  of  gravity  to  your 
side  of  the  center  line  at  least. 

And  George  always  recognized  that,  and  always  felt  that  his 
job  was  to  get  out  in  front  of  the  parade,  to  be  the  first  person 
to  introduce  the  bill,  to  raise  an  issue,  to  debate  it,  to  move  it 
forward,  and  then  to  move  on  to  the  next  issue.   Because  that  is 
what  he  did  best,  he  liked  that.  He  has  always  liked  being  a  trail- 
blazer  on  issues  and  subjects  of  concern,  as  opposed  to  somebody 
who  is  sitting  around  crossing  T's  and  dotting  I's.   That  is  just 
not  his  basic  nature. 


Compromise:   The  Foundation  of  a  Democratic  System 

Beard:   The  environmentalists  have  a  different  agenda.  They  have  certain 
things  that  they  want  in  the  bills,  and  many  of  them  are  very 
unrealistic  in  the  political  sense.   So  it's  always  a  clash,  it's  a 
clash  of  values  and  ideals,  and  positions  and  thing  like  that.   I 
have  always  taken  the  position--!  share  George's  view,  I'm--if  you 
were  to  ask  me--I'm  way  out  on  the  left  too,  but  I  understand  that 
the  majority  of  the  people  don't  share  my  views,  and  that  I  live 
and  work  in  a  democracy,  and  that  I  have  to  temper  my  own  personal 
views  with  those  around  me,  and  to  try  to  move  the  debate  to  my 
side.  But  I'll  never  get  my  way  100  percent  of  the  time.  And 
thank  God  we  don't  or  otherwise  we'd  probably  have  revolutions  in 
this  country. 

So  compromise  really  is  the  foundation  of  our  system,  and  is 
terribly  important.  A  lot  of  people  who  are  with  advocacy  groups 
don't  understand  that,  that  compromise  is  fundamental  and  essential 
to  the  system.   So  I  really  felt  that  having  Tom  [Graff],  who  is,  I 
felt,  the  most  articulate  advocate  on  one  side,  and  Stuart  Somach, 
who  is  the  most  reasonable  and  articulate  on  the  other,  sit  down 
and  try  to  forge  a  compromise,  would  have  made  a  lot  of  sense.   And 


35 


there  were  a  lot  of  things  in  their  compromise  that  I  really 
thought  were  interesting. 

Chall:   And  they  did  get  into  the  final  bill,  some  of  them. 

Beard:   Yes,  some  of  them  did.  And  I  really  thought  they  were  interesting. 
I  thought  it  was  a  thoughtful  debate  and  discussion,  and  it  was 
really  very  useful  to  have  them  do  that.   We  knew  these  discussions 
were  taking  place,  we  encouraged  them,  but  we  didn't  participate  in 
any  way.   They  came  out,  and  said,  "We  want  to  come  back  and  brief 
people  on  where  we  have  arrived."  Our  answer  was,  "Boy,  that's 
great!  Come  on  back,  we'll  give  you  the  room  and  make  sure  we 
notify  everybody."  Lo  and  behold,  we  got  ready  to  notify  everybody 
and  there  was  no  Stuart,  who  had  been  called  off  by  his  folks. 

And  Stuart,  I  think,  had  to  recognize--  He's  a  businessman, 
he's  a  lawyer,  and  he  makes  money  representing  a  lot  of  those 
people,  and  he  certainly  wasn't  in  a  position  to  alienate  his 
potential  clients  to  that  extent.  He  had  been  given  a  certain 
license,  and  obviously  they  didn't  like  what  he  had  done.   He  was 
not  happy,  incidently,  about  that  either- - 

Chall:   About  being  called  out? 

Beard:   Sure. 

Chall:   He'd  worked  hard  on  it. 

Beard:   Well,  he's  a  reasonable  person,  and  he  really  felt  that  he  had 

been--  Somebody  gives  you  authority  to  enter  into  negotiations,  and 
you  go  through  and  complete  it,  and  then  you  go  back  and  they  pull 
the  rug  out  from  underneath  you,  it  kind  of  makes  you  look  silly. 
And  I  think  that's  what  Stuart  felt,  that  he  was  made  to  look  silly 
and  he  didn't  like  it.  And,  frankly,  I  don't  blame  him. 


Factions  Within  the  Agriculture  Community 


Chall:   Were  you  aware  what  factions  there  were  within  the  agricultural 

community,  and  what  a  difficult  time  they  were  having  themselves? 
I  suppose  you  probably  realized  it  when  you  working  with  people  on 
H.R.  5099,  that  some  of  them  were  willing  to  make  some  compromises 
and  others  were  adamantly  opposed  to  it,  so  that  even  they  were 
having  great  difficulties. 

Beard:   I  think  there  is  a  tendency  on  the  part  of  all  of  us  when  we  get 
involved  in  these  kinds  of  issues  and  debates  and  discussions—a 


36 


tendency  to  categorize  people,  put  them  into  little  niches  and  talk 
about  the  niches,  and  not  appreciate  the  subtleties  within  the 
niche.   I  think  this  is  one  of  those  cases. 

Our  relationship,  certainly  from  Mr.  Miller's  perspective, 
with  the  ag  community  was  almost  nonexistent.   They  didn't  call  us, 
we  didn't  call  them.   It  would  have  been  a  waste  of  time,  a  waste 
of  their  time  and  a  waste  of  my  time.   I  talked  a  lot  with  Stuart 
Somach.   I  negotiated  with  him  on  a  large  number  of  issues.   I 
talked  to  their  lobbyists  [Wes  McAden  and  Bob  Will]  but  there 
wasn't  a  lot  of  reason  for  me  to  have  a  long  discussions  with  them 
either.   They  weren't  going  to  tell  me  much  and  I  wasn't  going  to 
tell  them  much.  We  liked  each  other,  and  I  think  respected  each 
other,  but  we  just  didn't  spend  a  lot  of  time--  So  I  was  generally 
aware  that  they  were  having  real  difficulty  internally.   They 
couldn't  get  their  act  together. 

Because  there  are  significant  differences  between  east  side 
and  west  side,  the  Sacramento  Valley,  the  San  Joaquin  Valley--you 
know,  people  who  had  water  rights  before  the  projects  were  built, 
and  those  that  didn't.   It's  all  very  complicated,  and  very 
fractious,  and  there  were  these  divisions  between  the  various 
elements,  and  it  worked  against  reaching  any  resolution. 


The  Conference  Committee  Struggles  with  the  Omnibus  Bill 


Chall:   Okay,  so  the  briefing  of  Somach-Graff  was  on  June  16th,  and  on  June 
18th,  you  passed  H.R.  5099  out  of  the  House.   And  then  the 
conference  committee. 

Now,  as  I  understand  it,  Fazio  distributed  some  draft  of  his 
own  bill  with  some  ideas  in  it,  700,000  acre-feet  of  water  plus 
unallocated  yield  and  a  $30  million  restoration  fund.   And  then 
Miller  came  in  with  a  mark  when  the  conference  convened,  with  a 
million  acre-feet  of  water  and  a  $50  million  restoration  fund,  and 
some  things  from  Somach-Graff.  Having  stated  that  the  project  also 
was  there  for  water,  fish,  and  wildlife,  that  was  one  of  the 
rationales  for  the  project.   Apparently  there  was  some  kind  of  a 
Senate  counter-offer. 

And  then,  as  the  conference  committee  only  met  once,  the  rest 
of  it  was  done  by  staff.  I  know  you  started  to  tell  me  about  that, 
so  tell  me  more. 

Your  staff,  which  was  Beard,  Lawrence,  Lanich.   Then  Jensen-- 


37 

Beard:  Jensen  was  with  the  Senate. 

Chall:  Senator  Wallop,  or  his  staff? 

Beard:  Yes,  a  fellow  by  the  name  of  Jim  Beirne. 

Chall:  And  Mr.  Fazio's  staff. 

Beard:  Yes,  Roger  Gwinn. 

Chall:  Okay. 

Beard:   Well,  the  way  the  discussions  started  out  was  that--  First  of  all, 
you  have  to  remember  the  situation  we  found  ourselves  in.   We  had  a 
bill  that  had  about  fifty-five  different  titles,  somewhere  around 
fifty-five  titles  to  it--f ifty-five  or  sixty,  I've  forgotten  which 
--so  each  one  of  these  had  to  be  resolved  individually.   And  some 
of  them  we  just  simply  couldn't  accept.   They  weren't  in  our  bill, 
they  were  in  the  Senate  bill,  and  we  just  couldn't  accept  them.   On 
the  other  hand,  there  were  some  in  our  bill  that  the  Senate 
couldn't  accept. 

Chall:   So  this  was  in  the  Omnibus — 

Beard:   Yes,  the  Omnibus  bill.   So  we  started  out  with  this  veneer  that  you 
have  sixty  different  bills  all  wrapped  up  in  one,  and  you've  got  to 
resolve  all  sixty.   Now  in  the  House,  we  had  conferees  who 
represented  the  Merchant  Marine  and  Fisheries  Committee,  the 
Natural  Resources  Committee,  and  the  Public  Works  Committee.   So  we 
had  kind  of  a  three-ring  circus  here.  We  had  a  lot  of  staff  people 
all  wandering  around.   And  a  lot  of  egos  running  around  as  well. 

Some  of  these  bills  were  very  controversial.   I  mean,  the 
Grand  Canyon  Protection  Act  was  one  of  the  titles.   It  really  dealt 
with  trying  to  preserve  and  protect  the  Colorado  River  downstream 
from  the  Glen  Canyon  Dam  as  it  flows  through  the  Colorado  River. 
That  was  a  huge  issue  for  Arizona  and  the  power  users  in  that  part 
of  the  country.   There  was  the  Central  Utah  Project  Completion  Act 
provision,  those  were  very  important.   There  were  individual  bills 
dealing  with  Kansas  and  Nebraska  and  all  of  these  other  states-- 

Chall:   Tribal  land? 

Beard:   Tribal  lands,  we  had.   Then  we  had  the  whole  Central  Utah  Project 
thing  which  was  a  huge  part  of  this  bill,  a  couple  of  billion 
dollars.   So,  we  started  out.   The  first  problem  we  had  is  that  we 
had  a  hell  of  a  logistical  problem  of  how  to  get  through  this.   We 
didn't  have  that  many  people  working  there.   And  we  had  the 
administration,  which  was  absolutely  no  help.   They  were  sitting  on 


38 

the  sidelines.   They  had  taken  the  position  that  they  were  opposed 
to  the  bill  in  its  entirety,  and  were  opposed  to  every  provision  in 
it,  and  weren't  going  to  do  anything  to  lift  their  finger  to  help. 
So  there  was  no  help. 

Chall:   Oh,  really? 

Beard:   Yes,  so  there  was  no  help. 

Chall:   I  thought  is  was  just  the  Central  Valley  Project  Improvement  Act 
that  they  opposed. 

Beard:   They  didn't  do  anything  to  help  us.   So  that  really  meant  that  we 

didn't  have  people  there  to  help  us  with  a  lot  of  the  logistics  and 
things  like  that.   And  we  were  coming  to  the  end  of  a  Congress,  and 
there  was  a  time  constraint.   So  we  went  through  pretty  quickly, 
and  were  able  to  dispense  with  some  of  the  least  controversial 
issues,  and  pretty  much  handle  those.  And  we  got  down  to  a  number 
that  were  more  controversial  than  others,  and  that  really  was  the 
Grand  Canyon  Protection  Act  provisions,  the  Central  Valley  Project 
Improvement  Act.   I'm  trying  to  think  of  some  other  controversial 
ones.   Well,  those  were  probably  the  most  controversial  ones. 

Then  we  had  Senator  Johnston  add  on  at  the  end  some 
amendments  to  the  National  Historic  Preservation  Act  which  didn't 
deal  with  anything.   It  sort  of  dealt--  Some  of  us  felt  that  he  was 
more  interested  in  getting  the  program  housed  at  some  college  or 
university  that  his  wife  attended  than  anything  else. 


Final  Negotiations  on  the  CVPIA 

Beard:   But  anyway,  we  had  all  these  various  provisions  that  were  in  here. 
But  we  were  able  to  go  through  fairly  quickly  and  dispense  with 
most  of  these  issues  except  for  the  Grand  Canyon  Protection  Act  and 
the  Central  Valley  Project  Improvement  Act.   We  got  through  the 
Grand  Canyon  Protection  Act  stuff,  so  we  then  were  left  with  the 
CVPIA.   George  asked  us  to  sit  down  with  Fazio's  staff  to  see  if 
there  wasn't  a  way  in  which  we  could  get  Fazio  on  board.   So  we 
made  a  number  of  changes  in  the  bill  to  kind  of  reflect  some  of  the 
suggestions  that  he  was  bringing  forward,  that  his  staff  person, 
Roger  Gwinn,  was  bringing  forward.   These  were  long  discussions. 
We'd  have  to  sit  for  hours,  and  Roger  would  come  in  and  say,  "Well, 
I  have  this  provision  that  deals  with  X,  and  our  constituents  need 
this,  and  maybe  Vic  can  go  along  with  the  bill." 


39 


So  you'd  say,  "Look,  this  is  a  difficulty,  we've  got  to 
change  this,"  and  then  they'd  go  out  and  talk  to  their  folks.   It 
just  went  on  for  endless  hours. 

It  finally  became  pretty  obvious  that  Fazio  was  never  going 
to  support  the  bill,  but  he  still  wanted  these  changes.   Then  it 
became  a  situation  of  George  trying  to  accommodate  Vic,  but  not 
destroy  the  sort  of  internal  integrity  of  the  whole  bill  itself  and 
the  process.   So  we  made  a  number  of  changes  in  the  bill  that  were 
changes  requested  by  Mr.  Fazio,  not  all  of  them,  but  some  of  them. 
And  I  think  it  did  soften  his  opposition.   He  was  still  opposed, 
but  he  wasn't  shouting  or  screaming  like  Lehman  and  Dooley  were,  to 
that  extent. 

I  felt  sorry  for  Congressmen  Lehman,  and  Dooley,  and  Condit. 
They  were  frustrated  because  they  were  not  able  to  engage  in  the 
process.   Their  constituents  simply  said,  no.   And  that's  very 
frustrating  to  a  politician,  because  a  politician  really  wants  to 
sit  down  and  negotiate,  and  they  couldn't  do  that.   Despite  their 
lack  of  involvement,  we  felt  we  had  a  product  that  was  pretty  good. 

Then  we  sat  down  with  Tom  Jensen.   I  think  we- -Dave  Yardas 
was  there  helping  Tom  quite  a  bit—and  we  made  a  number  of  changes 
in  the  bill,  too,  to  accommodate  requests  from  the  Metropolitan 
Water  District  and  others,  to  try  to  shift  things  around  so  that  we 
could  get  their  support  and  make  sure  that  they  were  happy  with  the 
final  product. 

We  were  cognizant  of  the  fact  that  we  really  didn't  have 
anybody  in  the  room  talking  to  us  that  was  adamantly  opposed  to  the 
bill,  so  we  were  kind  of  in  a  position  which  we'd  never  had  before. 
Usually  there  are  boundaries  in  the  room;  there  are  people  on  one 
side  and  people  on  the  other  side,  and  you  negotiate  something  in 
between.   Well,  we  had  Just  one  set  of  people  in  the  room,  people 
that  were  on  one  end  of  the  spectrum.   It  was  kind  of  laughable  in 
the  end,  we  laughed  about  it  a  lot  at  the  time.   We  wanted  to  make 
sure  that  when  we  came  out  with  something,  it  wasn't  so  outrageous 
that  people  like  Senator  Wallop  and  others  would  sort  of  say,  "Hold 
it,  you  guys  have  gone  too  far."  So  we  had  those  boundaries  on  us. 

And  we  really  felt  that  the  product  that  we  came  out  with  in 
the  end  was  a  product  which,  when  Jim  Beirne  and  others  read  the 
bill,  they  were  able  to  say,  "Well,  okay,  that's  sort  of 
reasonable."  And  even  to  this  day,  I  don't  think  they  see  the  bill 
as  that  we  went  too  far  one  way.  Many  of  the  growers  feel  we  went 
too  far,  and  are  trying,  at  the  time  we're  speaking  now,  trying  to 
get  some  of  it  back.   But  I  think  it's  going  to  be--  It's  a  pretty 
hard  case  to  prove  that  the  bill  has  really  gone  too  far,  because 


40 

we  were  able  to  implement  it  in  a  wet  year  without  much  imposition, 
and  we've  also  implemented  it  in  dry  years  as  well. 

Chall:   I  see.   So  you  think  that  you  came  out  with  a  fairly  decent  type 

bill.   Do  you  think  that  they  thought—and  I  think  they  did  to  the 
last—that  if  it  got  through  both  houses,  that  President  Bush  would 
veto  it,  and  so  they  didn't  have  to  move,  they  didn't  have  to 
engage? 

Beard:   Yes. 

Chall:   And  what  did  you  think?  Did  you  think  that  too? 

Beard:   That's  a  very  interesting  comment.  We  had  our  own  contacts  in  the 
Bush  administration.   The  associate  or  the  deputy  director  of  OMB-- 
I  can't  remember  the  guy's  name-- 

Chall:   I  think  I've  got  it  somewhere. 

Beard:   Yes.   He's  gone  off  to  be  an  investment  banker  somewhere.   But  we 
had  been  talking  to  him  quite  a  bit  about  this  bill,  and  he  was 
very  supportive,  and  we  had  been  able  to  help  him  with  some  things 
dealing  with  fish  and  wildlife  resources.   He  was  a  very  strong 
supporter  of  the  National  Fish  and  Wildlife  Foundation- -Bob  Grady 
is  the  fellow's  name.   Grady  was  very  strong,  he  was  a  good 
politician,  and  he  really  felt  that  if  President  Bush  could  capture 
a  significant  number  of  people  in  the  environmental  community,  that 
it  would  really  help  him  in  his  reelection  effort,  and  I  think  he 
was  probably  right  in  that. 

We  talked  to  him  quite  a  bit.   He  told  us,  "Look,  we  are 
getting  a  tremendous  amount  of  pressure  from  western  Republicans 
who  are  telling  the  president,  'You've  got  to  sign  this  bill.1"   It 
was  Senator  Wallop.   Well,  it  was  led  primarily  by  Senator  Jake 
Garn  of  Utah,  who  was  absolutely  adamant  about  passing  this  bill. 
Senator  Garn,  and  Senator  [Orrin]  Hatch  from  Utah,  Senator  Wallop, 
Senator  Simpson  from  Wyoming,  and  Senator  John  McCain  of  Arizona 
were  really  pushing  President  Bush  to  sign  this  bill. 

So  we  knew  that.  It  was  a  gamble,  but  I  always  felt  that  the 
president  would  sign  the  bill,  and  I  was  the  only  one  who  really 
felt  that  way.  I  guess,  having  studied  these  issues  more  than  most 
people,  I've  always  been  convinced  of  the  power  of  the  pork  barrel, 
that  these  senators  wanted  their  provisions  so  badly  that  they  were 
going  to  go  down  and  sit  on  the  president's  desk  and  demand  that  he 
sign  this  bill. 

So  I  was  always  very  confident.   George  was  not  as  confident, 
and  many  of  the  environmentalists  were  just  always  running  around 


Al 


saying,  "What  are  we  going  to  do  about  the  administration?"   I  kept 
saying,  "We're  going  to  do  nothing.   We're  going  to  send  the  bill 
down,  the  president  signs  it  or  he  doesn't."  For  us,  that  was 
really  the  easiest  part. 

Because  you've  got  to  remember,  we  entered  into  this  fight, 
if  you  will,  years  before  with  absolutely  no  inkling  that  we  would 
ever  be  successful.  And  I  really  can't  stress  that  enough.   I 
don't  think  that  George  ever  thought  we'd  ultimately  pass  a 
comprehensive  reform  bill.  At  least  I  never  felt  we  would.   I 
never,  ever  thought  that  we  would  pass  this  legislation.   I  didn't 
think  we  had  the  foggiest  chance  of  passing  it.   And  the  fact  that 
we  did  was  not  a  surprise—it  was  hard  work—but  it  was  astonishing 
to  me.   And  to  me,  if  it  would  have  passed  the  Congress  and  the 
president  vetoed  it,  I  would  have  felt  I'd  achieved  a  victory 
anyway.   Not  as  big  a  victory,  but  at  least  I  would  have  achieved  a 
victory.   We'd  have  gotten  the  thing  through  the  Congress. 

And  in  fact,  we  almost  didn't  get  it  through  the  Congress. 
Chall:   What  happened? 

Beard:   We  negotiated  out  the  CVP  portions,  and  at  that  point,  we  had  the 
whole  bill  done.   We  put  together  the  bill,  and  the  Senate  staff 
read  it,  and  the  conference  report  —  there  was  really  no  conference 
report,  just  says,  "Here  is  it,"  because  we  didn't  have  time  to 
write  it.   We  were  literally  down  to  days  and  running  out  of  time. 

Chall:   So  what  do  you  mean,  you  just  put  out  a  draft  of  this  thing? 

Beard:   Usually  what  you  do  in  a  conference  committee  is  that  you  sit  down 
and  you  take  the  House  bill  and  the  Senate  bill,  and  you  negotiate 
a  compromise.   Then  you  write  a  report  on  that  compromise,  and  you 
say,  "The  statement  of  purpose,  the  House  said  this,  the  Senate 
said  this,  and  the  conferees  have  taken  the  House  position."  You 
explain  what  you  did  and  why  you  did  it. 

Well,  this  bill,  you've  got  to  remember  the  final  act  itself 
was --how  many  pages? 

Chall:   Quite  a  few.   [laughs]   I  think  the  pages  are  numbered. 

Beard:   [looks  at  published  Omnibus  Act]1  It's  about  160,  170  pages.   We 
didn't  have  a  lot  of  time.   So  we  simply  didn't  write  a  report. 
The  report  simply  said,  "The  House  and  the  Senate  conferees  have 


'Public  Law  102-575,  October  30,  1992:  Reclamation  Projects 
Authorization  and  Adjustment  Act  of  1992,  pp.  4600-4769. 


42 

met,  and  here's  the  compromise  bill  they've  come  up  with."  That's 
all  we  ever  said.   We  never  explained  any  of  the  provisions  about 
anything.   On  the  CVP  portions,  that's  what  we  did.   In  other 
portions,  where  we  had  the  time,  we  wrote  it. 

So  we  put  the  whole  report  together.   Now,  at  this  point,  you 
take  all  this—and  it's  a  huge  stack  of  paper—you  take  the  new 
compromise  bill  and  whatever  report  you  have  on  it,  which  is  a  huge 
stack  of  paper,  and  you  then  go  around  and  physically  get  the 
signature  of  every  member  who  is  on  the  conference.   It  can't  move 
forward  without  the  signature  of  the  conferees,  and  a  majority  of 
the  conferees. 

Well,  we  had  negotiated  the  provisions  in  here  in  the  CVPIA 
and  we  had  not  included  anything  to  change  the  way  in  which  you 
allocate  supplies  in  a  drought  year  for  municipal  and  industrial 
water  supply  customers.   Well,  the  Santa  Clara  Water  District, 
under  the  leadership  of  Ron  Esau,  who  was  the  general  manager, 
wanted  the  bill  changed.  They  wanted  provisions  included  in  the 
bill  that  would  give  them  more  water  in  a  drought  year.   There  were 
provisions  in  the  Contra  Costa  Water  District  contract  which  he 
wanted,  and  he  wanted  those  in  law.   He  went  to  Congressman 
[Norman]  Mineta  and  said,  "Don't  agree  to  sign  this  report  until 
you  get  these  changes."  Mineta  said,  "Yes,  sir."   I  mean,  he  said, 
"Fine." 

Chall:   Oh,  that's  the  reason. 

Beard:   So  we  went  for  days.   Mineta  would  not  agree  to  sign  the  report. 

And  there  was  a  huge  fight,  George--! "ve  never  seen  George  so  mad, 
because  he  had  worked  so  hard,  and  now  we  were  at  the  very  end,  and 
Mineta  was  just  adamant.   He  would  not  move.   And  we  went  to  the 
Senate  guys  and  said,  "Okay,  can  we  make  this  change?"  And  they 
said,  "No  way.   We're  just  not  going  to  agree  to  it."  And  it  was 
wrong  from  a  public  policy  standpoint  to  do  that. 

So  that's  the  point  at  which  we  thought  we  would  lose.   Not 
only  that,  it  was  very  curious.   Mineta  for  some  reason  wouldn't 
sit  down  and  negotiate-- 

** 

Beard:   We  would  say  when  we  were  meeting  with  him:   "What  is  it  you  want? 
How  can  we  solve  this  problem?"   I  can't  even  remember  how  we 
solved  the  problem.   I  think  we  agreed  to  hold  hearings  and  move 
legislation  in  the  next  Congress  to  address  the  issue,  and  have  the 
secretary  do  some  other  things.   But  we  ultimately  got  Mineta  to 
sign  the  bill. 


But  I  thought  at  that  point  that  we  were  going  to  lose  it, 
that  Mineta  was  just  going  to  hold  on  to  it  for  so  long  that  he 
just  wouldn't  do  it. 


Chall:   Now,  what  about  Leon  Panetta? 
about  something. 


I  understand  that  he  was  adamant 


Beard:   You  know,  I  can't  remember  what  he  was  adamant  about,  but  now  that 
you  remind  me,  he  was  adamant.   But  he  was  George's  roommate,  and 
George  really  put  the  arm  on  him,  and  agreed  to  provide  help  to 
him.   I  mean,  that's  about  all  you  can  do  at  that  point.   You  agree 
to  help  somebody  in  some  way  to  do  whatever  it  is  that  you  can  do 
to  help  them  out.   It's  very  frustrating,  because  we  were  down  to 
the  last  few  hours  of  the  Congress,  and  we  knew  that  Senator 
Seymour  was  then  going  to  filibuster  the  bill—the  conference 
report—which  was  a  very  unusual  action,  and  so  we  were  fearful 
that  we  were  simply  going  to  run  out  of  time  to  get  it  through. 


The  Omnibus  Bill  Moves  Through  the  House  and  Senate 


Chall:   That  was  difficult  to  get  through  House,  I  guess,  because  of  this 

kind  of  maneuvering  which  made  it  late.  But  it  did  pass  on  a  voice 
vote,  after  a  number  of,  I  understand,  other  votes  on  it  in  various 
areas . 


Beard:   Yes.   The  valley  congressmen  offered  up  motions  and  things  to  kind 
of  put  on  a  good  show,  but  at  that  point,  we  had  the  votes,  we  had 
passed  it  a  number  of  times,  everybody  was  on  board,  and  it  was 
really  in  everybody's  interest  to  move  the  legislation  forward. 

And  then  it  went  over  to  the  Senate,  where  they  engaged  in 
this  rather  lengthy  charade  of  delay  which  Senator  Seymour 
undertook.   Senator  Seymour  filibustered  the  conference  report,  and 
his  Republican  colleagues  were  totally  frustrated  with  him.   They 
abandoned  him  and  never  did  support  him  in  his  effort.   So  he  was 
left  by  himself,  out  there  giving  his  long-winded  speeches,  railing 
against  the  bill.   But  in  the  end,  he  lost,  and  the  bill  was  then 
sent  to  the  president. 

At  that  point,  all  the  western  Senators  sort  of  jumped  in  on 
the  action,  and  frankly,  they  really  did  a  number  on  President 
Bush.   They  really  worked  hard,  put  a  lot  of  pressure  on  him  to 
sign  the  bill,  which  he  did  in  the  end. 

Chall:   I  understand  from  Barry  Nelson's  interview  that  the  vote  in  the 
House—the  activity  in  the  House  on  the  vote— was  a  "lobbying 


44 

frenzy"  around  the  door.   [laughs]   He  said  the  secretary  of  the 
Department  of  the  Interior  and  Senator  Bradley  were  all  down  on  the 
floor  besieging  the  congressmen.   Is  that  how  you  recall  it?1 

Beard:  Well,  no,  Secretary  [Manuel]  Lujan  did  go  down  on  the  floor,  and  he 
did  wander  around  to  a  few  people  and  say,  "Gee,  I'd  like  you  to  go 
ahead  and  vote  no,"  but  at  this  point-- 

Chall:   It  didn't  matter? 


Analyzing  Aspects  of  the  CVPIA  and  Its  Implementation 


Beard:   It  didn't  matter.   First  of  all,  the  administration  played  no  role 
in  the  debate  or  the  discussions,  and  I  think  that  is  a  tragedy,  in 
my  view.   The  real  strength—one  of  the  reasons  why  the  CVP  is 
going  to  be  amended  some  day- -I  don't  know  whether  it  will  be 
amended  this  year,  but  it's  going  to  be  amended  some  day,  and  it 
ought  to  be  amended—is  that  when  we  wrote  the  bill,  we  really 
didn't  know  what  we  were  doing  in  some  important  areas.   (I  hope 
somebody  doesn't  misquote  that  statement.) 

Chall:   They  can't  misquote  it,  because  if  they're  going  to  use  it  for 

publication,  they  have  to  quote  it  exactly,  and  you  have  to  give 
permission.   In  what  ways? 

Beard:   In  what  way?  Well,  what  you  had  is  you  had  myself,  and  John 

Lawrence,  and  a  number  of  lobbyists  who  were  handing  us  pieces  of 
paper,  and  our  own  imagination,  writing  a  bill,  and  Charlene 
Dougherty  and  Steve  Lanich  also  working  on  it,  on  one  side.   And 
then  you  had  Tom  Jensen,  and  Dave  Yardas,  and  other  lobbyists,  and 
other  people  handing  them  pieces  of  paper  on  the  other  side. 

Missing  from  the  equation  are  the  professionals—the 
bureaucrats— who  will  implement  this  law.   Our  knowledge  of  the 
system  and  how  it  operates  was  limited.   None  of  us  had  ever  worked 
at  the  Bureau  of  Reclamation.   I  had  worked  at  the  Interior 
Department  and  supervised  the  Bureau  of  Reclamation,  but  I  had 
never  worked  there.   We  were  not  aware  of  many  nuances  that  are 
present  in  the  system. 


'Barry  Nelson,  The  Passage  of  the  Central  Valley  Project  Improvement  Act, 
1991-1992,  Regional  Oral  History  Office,  The  Bancroft  Libary,  The  University 
of  California,  Berkeley,  1994,  p.  63. 


45 

For  example,  regarding  water  transfers—we  thought  this  is 
very  unique.   Well,  in  fact,  it  wasn't  unique.   Transfers  had  been 
taking  place  for  years.  And  what  we  did,  in  fact,  was  that  we 
added  a  superstructure,  we  added  a  layer,  on  to  the  approval 
process  that  wasn't  there  previously.   So  we,  in  fact,  slowed 
transfers  down,  not  sped  it  up.   But  we  didn't  know  that  at  the 
time.   And  the  reason  we  didn't  know  it  is  the  administration 
wasn't  communicating  with  us. 

And  they  weren't  communicating  for  a  fundamental  reason. 
Secretary  Lujan  and  the  people  in  policy  positions  down  there  made 
the  decision  early  on  that  they  were  going  to  do  absolutely  nothing 
to  make  this  bill  better,  to  correct  mistakes  in  it,  because  they 
didn't  want  to  help  move  the  process  along.   They  were  that  opposed 
to  the  bill.   So  they  sat  and  did  absolutely  nothing.   Well,  when 
this  bill  passed,  a  lot  of  people,  like  the  regional  director  of 
the  bureau  and  others,  sort  of  said,  "Gee,  if  we'd  have  only  known, 
we  could  have  done  this  or  done  that."  A  lot  of  exemptions,  for 
example,  to  the  contracting  moratorium  and  some  other  things.   We 
put  in  exemptions  when  people  brought  them  to  our  attention,  but  a 
lot  of  people  didn't  bring  them  to  our  attention  because  they 
didn't  have  lobbyists.   We  didn't  know  about  certain  things. 

So  there  are  some  mistakes  in  there.   There  are  some  things 
that  ought—not  mistakes— but  things  that  ought  to  be  corrected. 
They  have  to  be  corrected  some  day. 

Chall:   Are  those  technical  kinds  of  things? 

Beard:   Yes,  they're  technical,  but  there  are  some  substantive  things,  as 
I've  said.   We  did  some  things  in  the  water  conservation  area: 
tiered  pricing,  for  example.   We  should  have  had  tiered  pricing  or 
an  equivalent  pricing  system,  but  tiered  pricing  doesn't  work  in 
some  districts.   It  in  fact  will  be  counterproductive  in  some 
districts.   Well,  none  of  us  knew  that.   And  what  we  were  searching 
for  is,  we  were  searching  for  a  means— we  wanted  to  include 
provisions  which  would  require  districts  to  impose  pricing 
structures  which  promote  conservation  and  efficient  use,  as  opposed 
to  promote  waste.   Now,  that's  what  we  were  really  looking  for,  and 
we  didn't  care  whether  it  was  tiered  pricing  or  banana  republic 
pricing,  we  don't  care.  Whatever  would  work. 

Well,  because  we  didn't  have  the  involvement  in  the  drafting 
of  the  bill  by  the  professionals,  the  people  that  are  involved  in 
managing  the  system,  we  really  suffered  as  a  result  of  that,  and  I 
hope  that  that  will  be  corrected.   Now,  some  of  those  corrections 
have  already  taken  place  in  the  implementation  phase.   In  the 
implementation  phase,  the  bureaucrats,  the  people  at  reclamation 
and  fish  and  wildlife  have  worked  very  hard  to  implement  the  bill, 


46 


and  they've  actually  made  a  number  of  changes  through 
interpretation  to  correct  some  of  those  problems. 

But  that  was  really  a  problem  of  draftsmanship.   It  sort  of 
proved  the  downside  to  our  system  of  government,  where  the 
government  employees,  the  professionals,  aren't  part  of  the 
legislative  branch.   In  a  parliamentary  system,  a  bill  is  written 
by  the  agency  and  then  it's  handed  to  their  boss,  who  is  also  a 
member  of  the  parliament,  and  it's  passed.   Well,  in  our  system,  we 
have  the  agency  writing  bills  and  the  Senate  staff  writing  bills 
and  the  House  staff  writing  bills,  and  it's  a-- 

Chall:   Pretty  soon  a  compromise  doesn't  make  sense. 
Beard:   Yes.   That's  what  happens. 

Chall:   That's  interesting.   With  respect  to  the  implementation--!  want  to 
go  into  that  in  the  next  phase  with  you--Mr.  Peltier  had  first  said 
that  they  [CVP  contractors]  wouldn't  help  implement  the  bill,  and 
when  I  asked  him  about  that,  he  said  they  would  have  to.   But  he 
said,  "All  the  monsters  that  we  said  are  out  there  obviously  aren't 
going  to  be  there.   Just  as  on  the  other  side,  all  the  wonderful 
benefits  that  they  claimed  would  be  there  most  assuredly  won't  be 
there.   But  anyway,  we  needed  to  de-monster  it  a  little  bit  and 
start  engaging  and  trying  to  make  it  work."1  He  also  felt  that 
they  never  had  a  fair  debate;  it  wasn't  a  fair  debate.   That's 
probably  because  they  weren't  in  on  it? 

Beard:   Well,  I  don't  think  that's  a  fair  criticism.   I  think  first  of  all, 
they  never  thought  that  the  bill  would  ever  pass.   I  don't  think 
that  Jason  and  the  people  that  he  represented  ever  seriously 
considered  the  possibility  that  the  bill  would  be  passed  and  become 
law.   I  had  some  one-on-one  discussions  with  Jason,  and  I  told  him, 
I  said,  "Jason,  this  bill  is  going  to  pass."  He  told  me,  "You're 
wrong.   It's  not  going  to  pass."  So  I  think  from  the  very 
beginning,  they  never,  ever  felt  that  the  bill  would  pass. 

And  I  think  there  are  several  reasons  for  that.   One  reason 
is  they  thought  that  they  had  power  and  ability  and  authority  so 
that  they  could  stop  the  bill.   They  had  President  Bush  and  the 
administration  and  then  Senator  Seymour.   But  the  other  reason  I 
think  that  they  felt  that  it  wasn't  going  to  pass  is  a  very  common 
mistake  that  people  make  when  they  deal  with  George  Miller.   In  the 
early  1980s,  George  really  learned  how  to  become  a  legislator. 


'Jason  Peltier,  The  Passage  of  the  Central  Valley  Project  Improvement 
Act,  1991-1992,  Regional  Oral  History  Office,  University  of  California, 
Berkeley,  1994,  pp.  51,  73. 


47 


George  is  an  extremely  able,  capable  legislator.   He  is  somebody 
who  loves  politics  and  plays  politics  well.   I  think  because  of  his 
bellicose  nature — he  tends  to  shout  loudly,  and  he's  very  big,  and 
he's  very  loud,  and  very  domineering- -that  many  people  view  him  as 
a  buffoon,  and  they  overlook  the  fact  that  he's  a  very  accomplished 
politician,  a  legislator  who  can  get  things  through  the  legislative 
process . 

I  think  that's  a  skill  that  he  is  not  given  credit  for,  and  I 
think  many  of  his  opponents  in  the  CVPIA  never  thought  that  he 
could  pull  it  off.   They  just  thought,  "Well,  that's  just  Miller's 
own  view  of  the  world  and  it  will  never  go  anywhere."  And  in  fact, 
he  was  successful,  and  it  did  become  law.   And,  as  I  told  you,  I 
even  think  we  were  a  little  surprised  that  we  were  able  to  pull  it 
off.   But  part  of  it  was  that  the  stars  sort  of  aligned  themselves 
in  a  way  that--  You  know,  we  never  could  have  predicted  that  Pete 
Wilson  would  run  for  governor  and  get  elected.   We  never  could  have 
ever  thought  in  our  wildest  dreams  that  Tony  Coelho  would  resign 
and  go  off  and  become  a  millionaire  investment  banker.   We  never 
thought  in  our  wildest  dreams  that  George  would  become  chairman  of 
the  committee.   We  never  thought  in  our  wildest  dreams  that  the 
people,  the  environmentalists  and  the  Utah  people,  would  ever  come 
to  agreement  on  the  Central  Utah  Project,  which  was  really  the  main 
locomotive  pushing  the  train  down  the  tracks. 

So  a  lot  of  things  happened- -it  was  luck.   We  took  advantage 
of  it  when  it  did  occur,  but  a  lot  of  it  is  luck. 


48 


V  COMMISSIONER  OF  THE  BUREAU  OF  RECLAMATION,  1993-1995 


Chall:   Well,  having  accomplished  that,  I'd  like  to  get  into  your  work  as 

commissioner  of  the  Bureau  of  Reclamation  which  you've  had,  what,  a 
year  and  a  half?  Two? 

Beard:   No,  two  years,  a  little  over  two  years  now.   Two  and  a  half  years. 
Chall:   You  were  appointed  June,  1993? 
Beard:   I  was  confirmed  in  May  of  1993. 

Chall:   I  see.   It's  quite  a  change  from  being  the  head  of  a  staff  that 

isn't  terribly  large  to  being  head  of  a  tremendously  large  agency. 
How  big  is  that  agency?  As  commissioner,  what  were  you  appointed 
to  do? 

Beard:   Well,  the  Bureau  of  Reclamation  is  the  largest  wholesale  water 
supply  utility  in  the  United  States,  and  it's  the  sixth  largest 
electric  power  producer  in  the  United  States.   We're  larger  than 
Pacific  Gas  &  Electric  or  Southern  California  Edison.   If  we  were  a 
corporation,  we'd  be  a  Fortune  500  corporation.   It's  a  very  large 
organization. 

After  the  election  and  after  this  bill  was  passed,  I  was 
tired.   I  had  had  obviously  a  very  difficult  year.   Mr.  Miller 
started  out  in  January  of  1991,  as  the  acting  chairman  and  then 
became  the  chairman  of  the  committee  [Natural  Resources  Committee], 
and  I  had  to  replace  the  staff.  Mr.  Udall's  staff  had  to  be  let 
go,  and  then  I  had  to  hire  new  staff.  We  had  to  move  on  a  number 
of  bills  and  investigations  and  things.   It  was  a  very  active 
period,  and  frankly,  I  was  kind  of  burned  out. 

I  was  also  kind  of  burned  out  working  in  the  Congress.   As  my 
description  earlier  shows,  I've  worked  in  the  Congress  most  of  my 
professional  life—in  and  around  the  Congress.   I've  enjoyed  it. 
In  April  of  1993,  I  had  my  fiftieth  birthday,  and  I  had  had  twenty 


49 

years  of  federal  service,  which  meant  that  I  qualified  for  the 
minimum  retirement. 


The  Bureau  of  Reclamation!   A  Personal  Challenge 


Beard:   So  I  kind  of  reached  a  watershed.   I  really  felt  after  the  election 
that  I  wanted  to  make  a  change.   I  was  kind  of  bored  with  the 
Congress,  in  one  way.   It  was  an  exciting  place,  there  was  lots 
going  on,  but  it  was  a  lot  of  pressure,  and  I  wanted  to  kind  of  do 
something  different  with  my  life.   I  really  felt  that  I  wanted  to 
take  on  a  personal  challenge.   I  wanted  to  take  on  a  challenge  of 
trying  to  change  an  organization.   The  only  organization  I  knew  a 
lot  about  was  the  Bureau  of  Reclamation,  so  I  decided  right  after 
the  election  that  I  wanted  to  get  the  job  as  commissioner  of  the 
Bureau  of  Reclamation.   I  put  on  a  little  campaign,  and  got  a  lot 
of  people  to  write  letters  to  the  new  president  and  new  secretary 
and  try  to  support  my  candidacy. 

I  went  in  for  an  interview  with  Secretary  [Bruce]  Babbitt, 
and  Secretary  Babbitt  said,  "Why  do  you  want  this  job?"  My  wife 
asked  me  the  same  thing.   I  took  a  $10,000  pay  cut,  and  I  had  two 
kids  in  college.   And  my  answer  was  that  I  really  wanted  a  personal 
challenge;  I  wanted  to  change  an  organization.   I  really  felt  that 
that's  all  I  wanted  to  do.   I  wanted  to  change  an  organization,  the 
bureau,  and  then  I  wanted  to  leave.   I  did  get  the  job.   Secretary 
Babbitt  said,  "Well,  I  think  it  ought  to  change  too,"  and  as  I  told 
him,  I  said,  "Listen,  if  you  hire  me,  I'm  going  to  do  it,  so  if  you 
don't  want  to  do  it,  don't  hire  me.   I've  got  a  good  job  and  I  can 
just  keep  it.   It's  not  like  I  need  the  work." 

He  said,  "No,  I  do  want  to  change  it,  and  I  think  you'd  be 
the  right  person  to  do  it,"  and  I've  gone  ahead  and  done  that. 


Restructuring  the  Bureau  to  Meet  the  Changes  in  its  Purpose 


Chall:   And  what  have  you  done? 

Beard:   Well,  we  launched  an  employee-led  change  process  to  restructure  the 
organization  from  top  to  bottom. 

Chall:   Downsize  it? 


50 

Beard:   Today  we  have  a  workforce  that  is  20  percent  smaller  than  it  was 

just  two  years  ago,  and  at  the  end  of  this  year,  another  5  percent 
of  our  employees  have  agreed  to  leave.   So  one  out  of  every  five 
workers ,  and  at  the  end  of  this  year  one  out  of  every  four  workers , 
will  have  left  the  organization.   Our  budget  requests  are  $100 
million  less  than  they  were  two  years  ago,  which  is  about  20 
percent  of  our  budget,  or  17  percent  of  our  budget.   We  have 
restructured  every  office,  we  have  delegated  authority.   I 
abolished  the  seven  highest  positions  in  the  organization 
underneath  me.   I  had  two  deputy  commissioners  and  five  assistant 
commissioners,  and  I  abolished  all  seven  of  those  jobs.   We've 
taken  a  lot  of  the  day-to-day  decision-making  authority  away  from 
people  in  the  central  headquarters  and  sent  it  out  to  the  field,  so 
that  in  management  parlance,  we've  empowered  our  field 
organizations  to  make  decisions. 

Chall:   You  left  the  field  offices  about  the  same  as  they  were? 

Beard:   No.   I've  sent  people  from  the  headquarters,  regional  offices,  and 
from  our  Denver  office  out  to  the  field,  and  I've  completely 
restructured  that.   I  took  our  Denver  operation,  which  was  sort  of 
a  pseudo-headquarters--Washington  was  always  the  headquarters,  but 
one- quarter  of  all  our  employees  were  in  Denver.   That's  where  all 
the  design  work  was  done,  and  we'd  centralized  most  of  our 
management  functions  there  about  eight  years  ago.   I  abolished  the 
Denver  headquarters  concept,  and  instead,  we've  made  it  a 
reimbursable  service  center  that  works  with  the  rest  of  the 
organization. 

We've  instituted  a  wide  variety  of  innovative  management 
approaches,  and  we've  been  very  successful  at  implementing  that. 
It  was  all  done  by  our  employees,  with  my  support  and 
encouragement.   My  only  job  was  to  say,  "Yeah,  go  ahead,  let's  do 
it,"  and  work  on  much  of  the  public  affairs  angles  of  it  and  the 
congressional  affairs.   We  recently  were  awarded  $100,000--well,  we 
will  in  October  be  given  a  $100,000  award  by  the  Ford  Foundation  at 
Harvard  University.   It's  called  the  Innovations  in  American 
Government  Award,  and  it's  handed  out  to  fifteen  government 
agencies  or  programs  that  do  innovative  things,  and  we're  one  of 
the  recipients  for  this  year. 

So  we're  very  proud  of  that.  We're  very  proud.  We  now  have 
the  reputation  in  the  federal  workforce  as  being  one  of  the  most 
innovative  agencies,  and  one  of  the  few  agencies  that  has  actually 
downsized  itself,  restructured  and  refocused  itself,  and  gotten  rid 
of  a  lot  of  middle  management  layers.   We  have  eliminated  at  least 
two  layers  of  management  in  our  organization,  and  we've  done  all 
this  in  the  last  two  years.   That's  what  I've  spent  a  lot  of  my 
time  doing. 


51 

Chall:   These  people,  were  they  civil  servants? 
Beard:   Yes. 

Chall:   Wasn't  there  a  crying  need  for  restructuring  just  because  the 
bureau's  purpose  has  changed  over  the  years? 

Beard:   Yes. 

Chall:   And  they  weren't  catching  up  in  their  administrative  arrangement 

with  the  change  in  the  purpose  of  the  bureau.   Was  that  part  of  the 
problem? 

Beard:   That's  the  fundamental  problem.   I  mean,  the  problem  is  that  the 
Bureau  of  Reclamation  was  conceived  and  had  a  ninety-year  history 
as  a  construction  agency,  but  the  construction  program  has  ended. 
The  dam-building  era  in  the  United  States  is  now  over.   And  all  the 
employees  knew  that,  and  they  wanted  desperately  to  have  somebody 
come  in  and  say,  "Okay,  it's  over.   Now  we're  going  to  do  something 
different."  And  they  didn't  quite  know  what  to  do. 

Well,  when  I  came  in,  I  said,  "The  dam-building  era  is  over, 
we're  going  to  get  out  of  the  construction  business.   We're  going 
to  become  a  water  resource  management  agency.   We're  going  to 
manage  the  infrastructure  that  we  have  in  place  in  a  more  sensitive 
and  environmentally  benign  way,  I  hope,  but  we're  going  to  be  water 
resource  managers,  as  opposed  to  water  project  constructors."  And 
that's  a  significant  difference. 

One  of  the  reasons  why  we  were  able  to  be  successful  in  this 
change  was  that  the  agency  was  ready  for  it.   I  literally  had 
people  who  were  sitting  around  with  no  work  to  do. 

Chall:   I  would  have  guessed. 

Beard:   Yes.   Oh,  they  were  very  frustrated,  and  frankly,  they  were  not 

happy  employees.   People  were  really  frustrated.  All  these  changes 
did  not  come  about  without  opposition.   There  were  a  lot  of  people 
who  were  opposed  to  them.   But  there  were  a  larger  number  who  were 
very  supportive.  Again,  we  got  very  lucky  in  the  middle  of  this 
effort  when  the  Congress  passed  legislation  authorizing  early 
buyout.   So  anybody  that  had  twenty  years  of  service  and  was  fifty 
years  of  age  or  older  was  eligible  to  retire,  and  could  get  a  bonus 
of  $25,000.   So  about  80  percent  of  the  people  who  left  took 
advantage  of  that. 

Now,  one  of  the  reasons  they  took  advantage  is  that  we 
actually  had  a  very  disproportionately  aged  workforce.   When  I  came 
in  May  of  1993,  one-third  of  all  the  people  who  worked  at 


52 

Reclamation  were  fifty  years  of  age  or  older,  and  one- third  were 
between  forty  and  fifty.   So  that  meant  that  two- thirds  of  my 
workforce  had  been  there  a  minimum  of  fifteen  years.  It  was  a 
disproportionately  older  workforce.   I  had  sections  in  Denver  that 
hadn't  had  a  new  employee  in  fifteen  years.   For  fifteen  years,  the 
same  people  had  been  doing  the  same  thing  with  each  other.   For 
fifteen  years. 

Well,  at  some  point,  you  need  some  new  stimulus,  and  it  was  a 
tragedy,  what  was  happening.   So  we  came  in  and  we  sort  of 
restructured  everything,  and  then  a  lot  of  people  said,  "Hey,  I've 
been  through  this  before,  I'm  not  going  to  go  through  this  again. 
I'm  going  to  retire  and  take  this  money  and  leave."  And  they  did 
leave.   We  have  restructured  the  organization,  it  is  different,  it 
has  a  different  attitude  and  outlook-- 

Chall:  Different  types  of  training  for  the  people  who  are  in  there  now,  if 
you're  going  from  building  engineers  to  water  management?  Are  they 
people  with  different  backgrounds? 

Beard:   Oh,  yes.   We  have  a  lot  more  limnologists  and  biologists  and 

fisheries  experts  now  than  we  ever  had  in  the  past.   We're  hiring 
fewer  civil  engineers.   I  had  to  be  very  careful  as  we  did  this, 
because  one  of  the  great  traditions  with  the  Bureau  of  Reclamation, 
one  of  the  reasons  it's  been  a  fantastic  agency,  is  that  it  has  a 
history  of  being  an  agency  filled  with  people  who  do  things.   If 
you've  ever  been  to  Hoover  Dam  or  Grand  Coulee  Dam  or  Shasta  Dam 
and  looked  at  them,  you've  probably  said  to  yourself,  How  could 
somebody  think  of  this?   I  mean,  not  only  think  of  it,  but  do  it? 
That  takes-- 

Chall:   Skill. 

Beard:   Yes,  it's  amazing.   Well,  in  fact,  those  people,  the  kind  of  people 
that  did  that,  are  still  there  in  the  organization.   Now,  they 
can't  do  that  any  more,  and  the  trick  has  been  to  make  sure  that  we 
channel  their  energies  and  their  efforts  in  a  direction  where  they 
would  do  things  like  that  and  become  aggressive  in  implementing  the 
new  agenda,  new  items. 

And  probably  the  flagship  of  sort  of  new  things  was  the 
Central  Valley  Project  Improvement  Act,  where  Roger  Patterson  and 
the  people  in  Sacramento  have  literally  thrown  themselves  into  this 
effort.   There  are  over  100  separate  items  in  that  bill  that  people 
in  reclamation  have  been  working  on,  everything  from  a  programmatic 
environmental  impact  statement  to  contract  negotiations  to  you  name 
it,  fisheries--  Everything.   So  you  have  all  this  activity  taking 
place  and  all  these  people  working  on  it,  and  it's  amazing  to  me 
that  reclamation  employees  are  still  focused  on  the  end  objective. 


53 


They  want  to  get  through  all  this  stuff  so  that  they  can  keep 
moving  forward.   A  lot  of  agencies,  the  Fish  and  Wildlife  Service 
is  one  good  example,  they  become  fixated  on  the  process,  not  the 
end  objective.   They  get  into  these  sort  of  paperwork  loops  where 
they  just  keep  doing  paperwork  and  never  come  to  any  conclusion. 

Our  folks,  fortunately  or  unfortunately,  are  more  interested 
in  coming  to  conclusions  and  getting  things  done,  and  that's  a 
tradition  I've  wanted  to  try  to  keep  as  we  went  through  this 
restructuring  and  downsizing  process. 


The  $100,000  Ford  Foundation-Harvard  University  Grant 


Chall:   And  what  is  the  focus  of  the  grant  that  you're  about  to  get? 
That's  a  study,  apparently? 

Beard:   No.   We  went  in  and  made  a  presentation  to  the  Ford  Foundation  and 
Harvard  University,  a  panel  of  people,  judges,  and  said,  "This  is 
what  we  did,  and  this  is  how  we  did  it,"  and  they  gave  us 
essentially  $100,000  award  for  the  accomplishments  that  we 
achieved. 

Chall:   Well,  that's  unusual  for  a  private  foundation  to  be  giving 
government -- 

Beard:   Yes.   Well,  they  started  this  program  in  the  early  1980s,  when 
President  Reagan  said  that  we  ought  to  move  things  back  down  to 
state  and  local  government  levels.   Ford  Foundation  and  Harvard 
felt  that  they  needed  to  encourage  sort  of  innovative  government 
approaches  by  the  state  and  local  governments,  so  they  started  this 
program  of  rewarding  state  and  local  government  programs  and 
efforts  that  were  innovative.   This  year  was  the  first  year  that 
they  allowed  federal  agencies  to  participate,  and  there  were  five 
winners  from  the  federal  government  of  the  $100,000  award,  and 
there  were  ten  winners  from  the  federal  government  that  received 
$20,000  awards. 

Chall:   What  will  you  do  with  the  award? 

Beard:   We're  going  to  hold  several  workshops  and  conferences  in  cities 

where  there  are  large  numbers  of  federal  employees  to  explain  what 
we've  done  and  how  we've  done  it,  and  how  they  can  do  this  as  well, 
how  they  can  initiate  a  process  like  this  and  move  it  forward. 

Chall:   Now,  can  we  talk  a  little  bit  about  the  implementation  of  the 

CVPIA?   Because  I  would  assume  that  you  have  been  involved  in  that. 


54 

Beard:   Right. 

Chall:   Is  this  your  last  little  trip  around? 
Beard:   Yes,  last  trip  to  California,  anyway. 
ii 

Answering  Some  Charges 


Chall:   The  Sacramento  Bee,  in  an  editorial  on  February  1,  claimed  that 
you,  of  course,  were  Miller's  man,  that  you  had  temperamental 
outbursts,  hostility  toward  agriculture,  and  oft-repeated  contempt 
for  the  reclamation  program.   "It's  not  just  agribusiness  that's 
come  in  for  his  scorn.   He's  been  equally  abusive  toward 
environmentalists  at  times.   But  while  environmental  leaders 
privately  express  doubts  about  his  commitment  to  serious  reform  of 
the  reclamation  program,  they  are  afraid  to  oppose  Miller,  who  is 
using  his  power  as  chair  of  the  House  Interior  Committee  to 
pressure  them  into  supporting  Beard's  candidacy.   As  one  puts  it-- 
anonymously--they  feel  'obligated1  to  endorse  him."1 

However,  in  June,  as  you  announced  your  resignation,  Calvin 
Dooley  said,  "He  wasn't  the  nightmare  some  of  us  thought  he  was 
going  to  be."2 

So  you  came  in  with  some  hostility  toward  you  in  California? 
Beard:   Yes,  but  I  think  I  need  to  address  that. 
Chall:   Yes,  of  course. 

Beard:   First  of  all,  the  editorial  is  written  by  Bill  Kahrl,  and  second  of 
all,  I've  never  in  my  life  ever  met  Bill  Kahrl.   So  how  he  can  say 
that  I  have  a  personality  which  is  prone  to  temperamental  outbursts 
is  beyond  me.   He  said  some  other  things  about  me:   I  was  petulant 
and  some  other  things  like  that,  all  of  which  were  really 
fascinating,  especially  to  my  wife,  who  I've  been  married  to  for 
twenty-eight  years.   I've  never  seen  her  so  upset  at  anything. 


1  "Miller's  Man  at  Reclamation?",  The  Sacramento  Bee,  February  1,  1993, 
p.  B12. 

2The  Oakland  Tribune,  June  13,  1995. 


55 

I  was  fascinated  by  the  editorial,  because  it  really  ascribed 
to  me  a  lot  of  personality  characteristics  which,  first  of  all,  I 
don't  have,  but  second  of  all,  I  don't  know  how  anybody  who's  an 
editorial  writer  would  know,  if  they've  never  met  me,  or  ever  dealt 
with  me,  know  that  I  have  such  personality  characteristics.   I 
guess  I'm  one  of  those  that  believes,  and  I  always  have  felt  this, 
that  the  record  counts.   I'm  in  public  life.   I'm  a  public  servant. 
I'm  a  political  appointee,  but  nevertheless,  I'm  paid  by  the 
taxpayers.   And  in  public  service,  you  have  a  record.   Your  record 
really  speaks  more  than  anything  else.   I  sort  of  have  this  old 
adage  which  is,  Never  get  into  an  argument  with  somebody  that  buys 
ink  by  the  barrel,  because  they'll  always  outdo  you. 

I  think  that  all  I  can  say  to  Mr.  Kahrl  is  I'll  put  my  record 
up  against  anybody  else.   I  am  leaving  as  commissioner  in  another 
week.   A  reporter  called  me  and  asked  me,  "What's  the  thing  you're 
most  proud  of?"   I  said,  "Oh,  without  a  doubt,  as  my  tenure  as 
commissioner,  the  thing  I'm  most  proud  of  is  that  all  the  people 
who  helped  me  get  this  job  two  years  ago  are  still  my  friends,  and 
that  I  can  still  sleep  at  night."  And  there  aren't  a  lot  of  people 
in  political  life  who  can  say  that.   I  worked  hard  to  get  this  job, 
but  a  lot  of  people  helped  me  get  this  job.  A  lot  of  people  in  the 
environmental  community,  notwithstanding  Mr.  Kahrl,  really  worked 
hard  to  help  me  get  the  job,  and  they're  still  my  friends.   I  still 
enjoy  a  good  working  relationship  with  them,  and  I  haven't 
abandoned  my  own  core  principles. 

I  haven't  been  indicted  for  scandalous  behavior  either,  or 
unethical  behavior.   So  I  walk  away  from  this  in  many  respects  with 
a  sense  of  pride,  because  I  was  true  to  my  principles  and  my 
friends,  and  I  conducted  myself,  I  think,  in  such  a  way  that  I 
could  manage  one  of  the  largest  corporations  in  America,  and  bring 
it  through  a  significant  change  process.   Vice  President  [Al]  Gore 
gave  us  an  award  [Golden  Hammer  Award]  and  was  very  complimentary, 
in  fact  came  over  and  personally  gave  me  the  award.   Harvard 
University  and  the  Ford  Foundation  have  given  us  an  award  for  what 
we  did,  and  even  more  so  than  that,  the  employees  of  the 
organization  support  what  we  did. 

So  I  don't  have  any  qualms  about  my  record.   I'm  a  public 
employee,  I'm  a  public  servant.   I  understand  that.   I  worked  for  a 
congressman,  and  have  now  worked  for  a  president  and  a  secretary, 
and  my  job  is  to  do  what  they  ask  me  to  do,  not  what  I  wanted  to 
do,  not  what  I  personally  wanted  to  do.   Bill  Kahrl  and  others 
ascribe  to  me  certain  positions,  such  as  I'm  anti-agriculture. 
Well,  I'm  not.  Now,  George  Miller  was,  and  I  worked  for  him,  and  I 
love  George  Miller,  but  I  don't  agree  with  him  on  that.   But  you 
get  tagged  with  the  people  who  you  work  for.   But  that's  just  part 


56 

of  the  game,  and  I  don't  mind  that.   That  sort  of  comes  with  the 
territory. 

Chall:   That's  right.   You  say  George  Miller  is  truly  anti-agriculture? 
Beard:   No. 


The  Connection  Between  Subsidies  and  the  Uses  of  Water 


Chall:   Not  really?  He  was  just  anti-what? 

Beard:   Oh,  I  don't  think  he's  anti-agriculture.   I  mean,  nobody's  anti- 
agriculture,  everybody's  got  to  eat.   But  I  think  that  his  view  of 
how  agriculture  ought  to  receive  water  is  a  view  that's  different 
from  theirs.   Maybe  that's  a  better  way  to  put  it.   I  mean,  much  of 
what  we  were  trying  to  fight  for,  the  reforms  that  we  were  trying 
to  fight  for,  and  the  reforms  that  we're  still  trying  to  fight  for, 
frankly,  are  really  pretty  simple.   That  is,  I  think,  that  we  ought 
to  try  to  eliminate  the  subsidies  which  are  found  throughout  the 
federal  water  resource  system.   If  you  were  able  to  eliminate  the 
subsidies  and  provide  water  at  a  true  cost,  you  would  have  a  much 
more  significant  impact,  a  much  more  efficient  system. 

For  example,  the  drought  that  took  place  between  1988  or  '89 
and  '94  led  to  some  absolutely  startling  changes  in  the  way  in 
which  water  is  managed  south  of  the  Delta  in  California.   If  you  go 
to  Westlands  today,  there  is  very  little  cotton  produced.   There 
are  a  lot  of  almonds,  high-value  crops.   In  Westlands  much  of  their 
field  crops  are  irrigated  through  drip  irrigation,  underground  drip 
irrigation  of  row  crops,  which  is  very  unusual.   And  all  of  this  is 
driven  by  only  one  thing,  and  that  is  that  during  that  period, 
there  was  very  little  water,  and  they  had  to  do  something.   What 
they  did  is  that  they  became  much  more  efficient  in  the  application 
of  water. 

Now,  if  you  go  right  across  the  street  and  go  where  the 
Exchange  Contractors  were,  who  never  were  shorted,  they're  just 
using  old  techniques  and  wasting  water,  with  all  due  respect.   So  I 
have  always  felt  that  the  Achilles  heel  of  the  federal  reclamation 
program  has  been  pricing  water.  What  we've  proven  is  that  if  you 
give  people  water  for  nothing,  they'll  waste  it.   I  mean,  it's 
really  that  simple.   So  if  we  could  eliminate,  or  work  to 
eliminate,  many  of  the  subsidies,  what  we'd  do  is  change  the  use, 
we'd  change  cropping  patterns,  we  would  reduce  drainage,  we  would 
correct  a  lot  of  problems. 


57 

So  I  have  always,  sort  of  my  lifetime's  work  here,  with 
George  and  on  my  own,  has  been  to  try  to  seek  to  eliminate 
subsidies  from  the  federal  reclamation  program  where  possible,  and 
to  encourage  the  agency  to  operate  in  a  much  more  environmentally 
sensitive  manner.   And  that's  been  the  overall  objective  for  what 
I've  been  trying  to  achieve. 

Chall:   How  about  the  elimination  of  subsidies?  Are  you  getting  very  close 
to  that? 

Beard:   No. 

Chall:   That's  really  a  very  difficult- 
Beard:   It's  very  difficult.   I  mean,  the  subsidies  have  been  there  for  so 
many  years,  and  they're  so  integral  to  the  system  that  I  don't  want 
to  say  it's  impossible  to  get  rid  of  them,  but  it's  very,  very, 
very  difficult.   And  there  are  so  many  subsidies.   You  can't  get 
rid  of  them  all,  but  you  can  begin  to  try  to  change  the  system,  and 
that's  what  tiered  pricing  is,  for  example.   Tiered  pricing  is  just 
a  way  to  try  to  bring  some  reality  to  the  pricing  system.   I  think 
change  will  come,  but  it  will  come  slowly. 

But  we've  done  some  very  unique  things.   I  was  in  Stockholm 
at  the  Stockholm  Water  Conference  several  weeks  ago,  which  is  an 
annual  meeting  where  they  invite  people  from  all  over  the  world  to 
come  and  talk  about  a  number  of  issues.   And  the  Central  Valley 
Project  Improvement  Act  was  cited  on  a  number  of  occasions  as  one 
of  the  few  instances  worldwide  in  which  we've  gone  back  and  sort  of 
retrofitted  a  water  project,  trying  to  correct  the  environmental 
abuses  and  introduce  innovative  concepts,  such  as  allocating  a 
block  of  water  for  environmental  restoration,  encouraging  water 
transfers,  encouraging  water  conservation,  encouraging  pricing 
policies  which  are  proactive. 

And  there  is  fairly  wide  agreement  internationally  that  these 
are  the  kinds  of  reforms  that  we're  going  to  have  to  make  worldwide 
if  we're  going  to  meet  world  development  needs  long-run. 

Chall:   Rather  than  just  building  facilities. 

Beard:   Yes.   I  mean,  the  dam-building  era  is  over  in  the  United  States  as 
well  as  the  rest  of  the  world.   There's  going  to  be  fewer  and  fewer 
dams  built,  because  many  of  the  major  lending  institutions,  like 
the  World  Bank  and  the  Asian  Development  Bank  and  others,  are 
finding  it  more  and  more  difficult  to  come  up  with  the  money,  and 
once  they  do  come  up  with  the  money,  then  there  is  significant 
opposition.   And  then  the  third  thing  is  that  there  is  recognition 
that  if  you  do  build  these  structures,  they  don't  really  lead  to 


58 

the  kind  of  result  that  you  think  that  they  will  have.   There  are 
the  environmental  impacts  associated  with  them;  they  don't 
contribute  as  much  to  the  economy  as  people  think.   I  mean,  there's 
a  lot  of  downsides  to  it,  and  the  World  Bank  in  particular  has  been 
very  good  at  saying  the  right  things.   Their  actions  aren't  the 
same,  but  they  are  moving  in  this  direction. 

We  kind  of  got  off  the  track  a  bit. 


The  CVPIA:   Possible  Changes  by  the  Republican-Controlled  Congress 


Chall:   That's  all  right.   Tell  me  what's  happened  to  your  agency  with  the 
new  Congress,  and  with  the  CVPIA.   What's  going  on  now?   I  know 
that  we  have  different  people  now  chairmen  of  the  resources 
committees  in  the  Senate  and  the  House,  and  that  George  Miller  has 
a  small  office  and  a  small  staff  compared  to  what  he  used  to  have. 
There  is  an  attempt  to  construct  an  Auburn  Dam,  a  private  buyout  of 
the  CVP,  et  cetera,  et  cetera.   There  are  legal  problems.   What's 
going  to  happen?  What  is  happening? 

Beard:   Well,  obviously,  the  reform  era,  the  era  when  George  was  head  of 

the  resources  committee  had  ended.   In  1990,  as  I  told  you  before, 
we  went  to  this  curious  position  of  suddenly  finding  ourselves  in 
control  of  all  the  levers.   Thank  God  we  took  advantage  of  it  while 
we  had  the  opportunity.   I'm  forever  grateful  that  we  did,  because 
that  was  our  window  of  opportunity,  and  we  utilized  it.   The  last, 
the  1994  elections  swept  into  office  the  Republicans  in  the 
Congress  in  both  the  House  and  the  Senate,  and  so  far,  they  haven't 
been  able  to  take  advantage  of  their  newfound  power.   This  is  their 
window  of  opportunity,  and  so  far,  they  haven't  been  able  to  take 
advantage  of  it. 

Chall:   That's  within  the  water  sphere  they  haven't? 

Beard:   In  the  water  sphere.  And  the  reason  that  they  haven't  is  that  I 
think  they're  still  so  new  at  the  process  that  they  don't  quite 
know  what  it  is  they  should  be  doing.   They're  a  little  confused 
about  the  system.  They'll  straighten  that  out  after  another  year 
or  so. 

When  you  look  back  at  the  history  of  the  Central  Valley 
Project,  or  any  other  water  project,  for  that  matter,  major 
amendments  to  the  enabling  legislation,  I  mean  acts  of  Congress, 
only  come  along  about  once  every  decade,  and  there's  a  reason  for 
that.   The  reason  is  all  the  discussion  that  I've  had  today.   I 
mean,  I  explained  to  you  how  many  things  had  to  line  up  to  enable 


59 


us  to  move  a  bill  forward,  and  frankly,  we  were  surprised  that  we 
were  able  to  do  it. 

The  same  works  for  anybody  else  that  comes  along  with  another 
piece  of  legislation.  You  have  to  be  able  to  align  all  these 
things  up.   I  mean,  it's  almost  like  a  complicated  jigsaw  puzzle, 
where  you  have  to  get  all  the  pieces  to  fit  together,  and  if  one 
piece  isn't  there,  it  doesn't  work.   Right  now,  with  the  '94 
election,  the  Republicans  have  come  in,  and  the  farmers  feel  now 
it's  payback  time.   Miller  bested  them  in  1992;  "By  God,  we're 
going  to  get  payback,  and  we're  going  to  get  our  pound  of  flesh, 
and  we're  going  to  move  a  Central  Valley  Project  Improvement  Reform 
Act,"  or  whatever  they  call  it,  Improvement  Act,  "and  take  back 
some  of  the  losses  that  we  suffered  in  1992."  This  is  a  farmer 
speaking. 

So  the  Republicans  have  introduced  that  bill  [H.R.2738, 
Central  Valley  Project  Reform  Act  of  1995],  got  hearings  held  in 
the  House,  and  found  out  that  there  is  significant  disagreement 
amongst  all  of  them  as  to  what  ought  to  be  done.   So  that  isn't 
working  so  good. 

Then  they  came  forward  with  this  idea  that  they  would  buy  the 
Central  Valley  Project,  and  they  were  encouraged  in  this  by  the 
investment  bankers,  one  of  whom  is  a  former  regional  director  for 
the  Bureau  of  Reclamation,  David  Houston.   And  they're  trying  to 
move  that  legislation,  and  frankly,  that's  not  going  to  work 
either,  because  the  price  is  laughable,  and  all  the  various 
elements  within  this  project  are  not  happy  being  under  the  thumb 
of—essentially  under  the  thumb  of  the  ag  growers  on  the  west  side 
south  of  the  Delta.   I  mean,  they're  the  people  that  are  pushing 
this  concept. 

And  I  think  part  of  it  goes  back  to  just  the  inherent  nature 
of  our  political  system.   Our  political  system  is  very  complex,  and 
it's  frustrating,  and  there  are  so  many  checks  and  balances  in  it, 
so  many  little  hoops  that  you  have  to  jump  through,  that  it's 
really  complicated,  and  it  takes  a  long  time.   One  of  the  things 
that  our  system  does  is  that  it  almost  forces  you  to  put  together 
coalitions  to  move  a  bill  forward.   Now,  by  coalition  I  mean  it 
forces  you  to—you  can't  do  anything  by  yourself.   You've  got  to 
get  others  to  help  you. 

Our  experience  with  the  CVPIA  was  that  it  was  one  thing  to 
have  George  Miller  introduce  a  bill;  it  was  another  thing  to  get 
the  thing  enacted  into  law.  And  the  way  to  do  that  was  to  spend  a 
lot  of  time  visiting  southern  California,  San  Diego,  San  Francisco, 
and  meeting  with  the  business  community,  meeting  with 


60 


environmentalists,  meeting  with  a  lot  of  people,  to  encourage  them 
to  come  on  board  with  this  whole  idea  of  reform. 

Chall:   And  stay  on  board. 

Beard:   And  stay  on  board.   And  that  was  a  time-consuming  effort,  and  one 
that  required  commitment.   One  of  the  reasons  that  I  think  the 
current  crop  of  politicians  is  having  a  problem  is  that  they're  not 
as  committed  to  it,  and  they  haven't  had  the  time  to  invest  in  it 
yet.   But  who  knows?  We'll  see.  We'll  see  if  they  have  the 
opportunity,  if  they're  willing  to  stay  with  it,  and  if  they  can 
stay  in  control  of  the  House  of  Representatives.  Who  knows  whether 
or  not  they  can. 


Total  Revision  of  the  CVPIA  Unlikely 


Chall:   But  do  you  think  that  they  could  turn  it  right  around  almost  to 
where  it  was-- 180  degrees? 

Beard:   No.   In  my  view,  and  this  is  just  my  view,  this  is  like  toothpaste 
out  of  a  tube.   Once  it  gets  out,  you  can't  get  it  back.   I  really 
think  that  they  will  make  some  corrective  actions.   But  they  can't 
turn  back  the  clock;  they  can't  repeal  all  the  1992  reforms.   The 
most  controversial  thing  about  the  CVPIA,  the  one  thing  that  really 
grates  on  the  farmers  more  than  anything  else,  is  the  800,000  acre- 
feet.   They  hate  it,  they  really  hate  that.   I  mean,  when  you 
really  get  down  to  it  and  you  say,  "What  is  it  you  really  don't 
like  about  this  law?",  they  say,  "It's  the  800,000  acre-feet." 
That's  the  thing  that  just  really  gets  them. 

Chall:   I  see.   More  than  the  loss  of  their  contracts  for  forty  years? 
That  bothered  Peltier  I  think.   Maybe  it's  the  loss  of  water  to 
them. 


Beard:   Yes.   See,  the  problem  with  the  CVPIA  and  the  critics,  the  people 
who  are  opposed  to  it  right  now,  is  that  it's  a  fear  of  the 
unknown.   When  you  talk  to  them  and  you  say,  "What  specifically  do 
you  have  a  problem  with?",  they  say,  "Well,  they  could  take  our 
water." 

Chall:   It's  the  uncertainty. 

Beard:   It's  the  uncertainty.   But  they're  afraid  that  the  800,000  acre- 
feet  is  going  to  mean  less  water  for  agriculture.  Well,  you  say  to 
them,  "How  do  you  know  that?"  And  they  say,  "Well,  you've  got  to 
take  it  from  somewhere  and  you're  going  to  take  it  from  us."  When 


61 

you  go  to  them,  you  say,  "What  don't  you  like  about  the  fish 
doubling  plan?"   "Well,  it's  going  to  take  more  water  and  you're 
going  to  take  it  from  us."   "Well,  how  do  you  know  that?  You 
haven't  seen  the  plan  yet,  so  how  do  you  know?" 

So  you  kind  of  go  through  all  the  items,  and  the  answer  in 
each  case  is  that  there's  this  fear  of  the  unknown,  and  it's  a 
deep-seated  fear  and  frustration,  and  they  want  to  change  it.   If 
we  can  get  a  couple  of  years  experience,  I  think  we'll  have  more 
acceptance.   In  the  next  couple  of  years  the  programmatic  EIS 
[Environmental  Impact  Statement]  is  going  to  be  finished,  we're 
going  to  have  the  fish  doubling  plan  in  place,  we're  going  to  have 
agreement  as  to  how  the  800,000  acre-feet  is  going  to  be  handled, 
and  all  of  these  things  that  are  the  ghosts,  the  bogeymen  that  are 
out  there  that-- 

Chall:   Monsters. 

Beard:   The  monsters  that  infuriate  the  farmers  will  no  longer  be  unknowns. 
People  will  know  what  they  are,  it  will  be  in  black  and  white,  and 
explanations  will  be  there,  and  I  think  people  will  begin  to 
understand  that  we  can  meet  all  those  needs  in  a  fashion  that's 
acceptable. 

Now,  maybe  I'm  overly  optimistic,  but  I  don't  think  so.   I 
think  once  you  get  rid  of  that  fear,  the  driving  force  behind  the 
legislation  is  going  to  begin  to  disappear.   The  problem  that 
they're  having  in  the  Congress  right  now  with  any  efforts  to  repeal 
this  stuff  is  that  nobody,  and  I  mean  nobody,  in  the  Senate  is  on 
their  team.   They  have  virtually  nobody  in  the  Senate.   Barbara 
Boxer  is  not  at  all  interested;  Dianne  Feinstein  wants  the  problem 
to  go  away;  and  Bill  Bradley,  who's  still  there  at  least  for 
another  year  and  a  half,  Bill  Bradley  is  adamantly  opposed  to 
amending  it.   And  even  if  Bradley  left,  a  senator  from  South 
Carolina  or  some  other  state  could  care  less  about  California.   I 
mean,  with  all  due  respect. 

So  once  again,  it  goes  back  to  the  problem  that  we  had  when 
we  tried  to  move  the  legislation  originally:  we  couldn't  get 
anybody  in  the  Senate  to  take  up  our  little  cause  until  Bill 
Bradley  wandered  along.   Well,  when  Bradley  leaves,  it  will  be  a 
problem.   You  wouldn't  be  able  to  move  reform  legislation  in  this 
environment  anyway,  but  it's  going  to  be  a  problem  for  them.   If 
they  want  to  try  to  roll  back  the  reforms,  they've  got  to  have  an 
advocate  in  the  Senate,  and  they  don't  have  one  right  now. 


62 
Dan  Beard's  Future  Career  Plans 

Chall:   Tell  me  where  you're  going  from  here. 

Beard:   Where  am  I  going?   I  am  currently  planning  on  going  into  business 
as  a  lobbyist  in  Washington  with  a  friend  of  mine  by  the  name  of 
John  Freshman.   He  has  a  group  called  Freshman  and  Associates. 
He's  been  in  business  for  fifteen  years.  We  are  going  to  set  up 
Freshman  and  Beard,  a  public  policy  consulting  firm,  lobbying. 
That's  my  current  plan.   I  plan  to  lobby  and  do  consulting,  and 
then  I  also  want  to  do  public  speaking.   I  want  to  try  to  do  some 
public  speaking  on  management  of  large  public  organizations  in  the 
1990s,  and  try  to  see  if  I  can  make  a  little  money  doing  that.   I'm 
also  going  to  retire  as  a  federal  employee,  so  I  get  a  small 
annuity. 

I've  had  a  life  of  public  service  and  controversy.   I've 
probably  been  involved  in  and  around  most- -well,  all  of  the  major 
water  controversies  in  the  last  twenty  years  in  Washington,  D.C., 
and  being  a  lobbyist  is  a  lot  different  than  being  the  staff  person 
sort  of  putting  these  things  together.   We'll  have  to  see  if  I  can 
keep  myself  detached  from  it  in  that  way.   I  hope  I'm  mature 
enough. 

I  don't  know.   This  is  what  I  plan  to  do.   I  probably  have  a 
sneaking—there's  something  in  the  back  of  my  mind  that  makes  me 
think  that  I'll  end  up  running  some  kind  of  organization  somewhere, 
because  it  turns  out  I  actually- -notwithstanding  Bill  Kahrl — it 
turns  out  I'm  actually  pretty  good. 

Chall:   Administration. 

Beard:   Well,  as  a  leader,  as  somebody  who  can  articulate  a  vision  and 

encourage  people  to  move  in  that  direction.   I  don't  know  how  I--to 
me  it's  sort  of  second  nature,  but  for  some  reason,  I  seem  to  have 
that  ability  to  lead  a  group  of  people,  and  I'm  grateful  for  it. 

But  I  kind  of  want  a  little  bit  of  a  break,  frankly.   This 
has  been  a  very  hard—this  experience  with  reclamation  has  been  an 
extremely  hard  one  on  my  family. 

Chall:   What  hasn't,  over  the  twenty- some  years?   [laughing] 

Beard:   Well,  yes,  you're  right,  but  this  has  been--I  travel  on  the  average 
two  days  a  week  in  the  West,  so  I'm  on  the  road  every  week.   Well, 
I  only  have  seventy- five  employees  in  Washington,  and  all  the  other 
employees  are  in  the  western  United  States,  or  around  the  world, 
for  that  matter.   So  it's  been  very  difficult.   I've  had  to  be  on 


63 

the  road  a  lot,  and  you  go  out  and  meet  a  lot  of  people  and  talk  to 
people,  and  it's  been  very  hard  on  my  family.   I've  been  away  from 
home  a  lot.   I  don't  know,  I  think  if  I  hung  around  home,  maybe 
they'd  get  sick  of  me  after  a  while,  but  I'd  like  to  see  if  I  can 
do  that  for  a  while. 

Chall:   And  you  wouldn't  be  sick  of  them? 

Beard:   No.   It's  very  interesting,  this  experience.   I  was  talking  to 

somebody  at  a  management  forum.  They  were  asking  me  what  we  did 
and  how  we  did  it,  and  they  asked  me  sort  of  what  advice  I'd  have, 
and  I  said,  "You  know,  the  first  bit  of  advice  I'd  give  somebody 
who  was  in  charge  and  going  to  undertake  an  effort  like  this  is  to 
get  yourself  a  physical  fitness  regime."  Because  the  hardest  thing 
I've  had  to  deal  with  for  the  last  two  years  has  been  the  mental 
and  physical  stress  of  leading  a  change  effort.   I  had  a  lot  of 
employees  who  would  call  me  up  or  write  me  notes  and  say,  "Why 
don't  you  just  shoot  us  and  get  it  over  with?" 

And  I  have  taken  that  very  seriously,  very  personally.   I've 
really  felt  very  strongly  that  we  were  going  in  the  right 
direction,  but  when  somebody  disagrees  with  you  pretty  strongly, 
you  kind  of--at  least  I  felt--it  was  hard.   That  was  hard. 

But  we'll  see,  we'll  see  what  the  future  brings.   It's  odd,  I 
woke  up  with  my  retirement- -suddenly  I  didn't  have  to  work.   It 
would  have  been  not  a  starvation  diet  but  close  to  it,  but  the  rent 
would  get  paid  certainly,  and  I  could  mow  lawns  and  paint  houses,  I 
guess,  to  make  money. 

Chall:   That  doesn't  sound--  You  wouldn't  do  that. 

Beard:   Well,  you  know,  there's  a  certain  intrigue  to  it.   But  I  really 
found  myself  for  the  first  time  ever  with  this  sort  of  space  to 
fill--I  had  lots  of  different  options,  and  I've  sort  of  settled  on 
this  option.   I  hope  that  it  works  out  fine. 

Chall:   At  least  you  can  try  it. 
Beard:   Yes. 

Chall:   And  when  you  say  public  policy,  what  public  policies?  Will  you  be 
mainly  interested  in  environment  and  water,  or  could  you  go  over  to 
child  welfare  or  something  like  that? 

Beard:   No,  no. 

Chall:   You're  going  to  stay  in  your  own  field. 


64 

Beard:   No,  I'm  going  to  stay  in  my  own  field.   The  fellow  that  I'm  working 
with  has  worked  at  EPA  [Environmental  Protection  Agency] ,  and  his 
strengths  really  are  in  water  pollution  control,  waste  water,  solid 
waste  kinds  of  things,  and  my  strength  has  been  in  the  natural 
resource  fields  programs  that  the  Department  of  the  Interior  has, 
for  example.   Our  objective  is  ultimately  to  make  money,  but  also 
to  have  some  fun  and  some  exciting  times  along  the  way.   That's 
what  I'm  kind  of  looking  forward  to.   I'm  somehow  trying  to  see  if 
I  can  make  some  money  and  then  have  some  fun  at  the  same  time.   Who 
knows?   I'll  do  this  for  four  or  five  years,  and  then  maybe  there 
will  be  some  other  public  career. 

Chall:   Oh,  there  will  always  be  something. 

Beard:   Yes,  there  always  is,  isn't  there? 

Chall:   Particularly  if  you're  energetic  and  articulate. 

Beard:   I've  often  thought  about  going  back  to  teaching,  but  you  know,  I 
taught  for  just  a  little  while  and  never  really  got  back  to  it. 

Chall:   Well,  there's  probably  a  place  for  people  who  have  had  the  kind  of 
experience  you  have  to  be  teachers.   I  notice  quite  a  number  of 
people  go  from  government  into  some  of  the  universities  around  the 
Eastern  Seaboard,  teaching,  particularly  in  Washington.   Who  knows? 
But  thank  you  very  much  for  the  time  you've  given  me  and  all  this 
information  that  I  needed. 

Beard:   Well,  thank  you.   I  really  appreciate  the  fact  that  the  institute 
[The  Centers  for  Water  and  Wildlife  Resources]  has  been  willing  to 
fund  the  study,  or  fund  your  efforts.   I  only  wish  you'd  come  along 
about  two  years  ago  when  all  this  was  a  lot  more  fresh  in  my  mind. 

Chall:   Oh,  yes.   Well,  I  knew  that  it  probably  wouldn't  be  fresh  in  your 
mind,  because  it  couldn't  possibly  have  been  after  all  this  time. 
I  had  a  lot  of  information,  but  what  I  needed  was  to  gather  it 
together  from  your  perspective. 

Beard:   Yes.   Actually,  you  had  the  framework  there.   It  isn't  hard  if  the 
framework  is  there  to  sort  of  fill  in  the  details. 

Chall:   Yes,  you  did  that.   Thank  you. 


Transcriber:   Shannon  Page 
Final  Typist:   Shana  Chen 


65 


TAPE  GUIDE- -Daniel  P.  Beard 


Date  of  Interview:   August  30,  1995 

tape  1,  side  A  1 

tape  1,  side  B  12 

tape  2,  side  A  21 

tape  2,  side  B  32 

tape  3,  side  A  42 

tape  3,  side  B  54 


66 


INDEX 


Beirne,  James,  37,  39 

Boxer,  Barbara,  61 

Bradley,  Bill/  Bradley  bills,  9,  12, 
16-17,  28,  61 

Bush,  George,  40,  43 

Bush,  George,  administration  of,  24, 
37-38,  44,  45 

business  interests  and  the  Central 
Valley  Project  Improvement  Act, 
California  Fish  and  Wildlife 
Protection  bills,  13-16,  19.  See 
also  Miller,  George 

Carter,  Jimmy,  9-10 

Central  Utah  Project,  18,  19,  38,  47 

Central  Valley  Project: 

mitigation,  need  for,  12-16 
state  purchase  of,  59 
subsidies,  56-57 

Central  Valley  Project  Improvement 
Act:  agriculture /water  community, 
6-7,  22,  31-33,  35-36,  39,  46; 
business  interests,  20; 
contract  renewals,  60; 
environmental  community,  32,  34, 

40-41; 

implementation  of,  44-46,  52-53; 
Republican  Congress,  58-61 
tiered  pricing,  45; 
water  marketing/transfers,  44-45 
Coelho,  Tony,  8,  19-20   22 
Condit,  Gary,  22,  32,  39 
Cranston,  Alan,  30 

Dooley,  Calvin,  22,  26,  31,  32,  39, 

54 
Dougherty,  Charlene,  8-9,  14-15 

environmentalists,  32,  34 
Esau,  Ron,  42 

Fazio,  Vic,  32-33,  38-39 
Feinstein,  Dianne,  61 

Garn,  Jake,  40 
Garrison,  Karen,  21 
Golb,  Richard,  25 


Grady,  Robert  (Bob),  40 

Graff,  Thomas,  16,  33,  34 

Grand  Canyon  Protection  Act,  37,  38 

Gwinn,  Roger,  37,  38-39 

Hatch,  Orrin,  40 

Houston,  David,  59 

Jensen,  Tom,  9,  16-17,  39 
Johnston,  J.  Bennett,  38 
Johnston,  J.Bennett/Johnston  mark, 
27-28 

Kahrl,  William,  54-55 

Lanich,  Steve,  8,  32 
Lawrence,  John,  8,  20,  32 
Lehman,  Richard,  22,  31,  39 

McCain,  John,  40 

Metropolitan  Water  District,  29,  39 
Miller,  George,  5-8,  12,  18,  19,  20, 
25,  27,  34,  36,  40-41,  42,  46-47, 
55-56 
Fish  and  Wildlife  Protection 

Bills,  12, -17,  23 
Miller-Bradley  bills,  31-32,  36 
water  marketing/transfers,  21-23, 

28-29 
Mineta,  Norman,  42 

Omnibus  Water  Bill  (H.R.  429),  19, 

27,  29-31,  37-44 
Omnibus  Water  Bill  H.R.  (2567),  18 

Panetta,  Leon,  43 
Peltier,  Jason,  46 
Peripheral  Canal,  6 

Seymour,  John/  Seymour  bills,  23-26, 

27,  30-31,  43 
Share  the  Water,  20 
Simpson,  Alan,  30,  40 
Somach,  Stuart,  33,34,  35 
Somach/Graff  negotiations,  33-35 

Udall,  Morris  (Moe),  18 

U.S.  Bureau  of  Reclamation,  48-54 


67 


Wallop,  Malcolm,  30,  40 
Wilson,  Pete,  18,  19,  24-25 

Yardas,  David,  21,  28,  39 


Malca  Chall 


Graduated  from  Reed  College  In  1942  with  a  B.A.  degree, 
and  from  the  State  University  of  Iowa  in  1943  with  an 
M.A.  degree  in  Political  Science. 

Wage  Rate  Analyst  with  the  Twelfth  Regional  War  Labor 
Board,  1943-1945,  specializing  in  agriculture  and 
services.   Research  and  writing  in  the  New  York  public 
relations  firm  of  Edward  L.  Bernays ,  1946-1947,  and 
research  and  statistics  for  the  Oakland  Area  Community 
Chest  and  Council  of  Social  Agencies,  1948-1951. 

Active  in  community  affairs  as  director  and  past 
president  of  the  League  of  Women  Voters  of  the  Hayward 
area  specializing  in  state  and  local  government;  on 
county-wide  committees  in  the  field  of  mental  health;  on 
election  campaign  committees  for  school  tax  and  bond 
measures,  and  candidates  for  school  board  and  state 
legislature . 

Employed  in  1967  by  the  Regional  Oral  History  Office 
interviewing  in  fields  of  agriculture  and  water 
resources.   Also  director,  Suffragists  Project, 
California  Women  Political  Leaders  Project,  Land-Use 
Planning  Project,  and  the  Kaiser  Permanente  Medical  Care 
Program  Project. 


1  14602 


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