People might be surprised to learn Congress's ESA (Endangered Species Act) Laws unfortunately do value fish more than people. The ESA law has been selectively used and abused by environmentalist and politicians as a political sledgehammer to depress economic development in rural America and destroy the equal protection principles, applying to one and all, contained in the Declaration of Independence: Life, liberty and the pursuit of happiness.

In 1978, the Supreme Court ruled, in Tennessee Valley Authority versus Hill, that under Congress's ESA laws, the Federal Government was compelled to protect the snail darter, a tiny minnow, over the needs of people downstream of Tellico Dam in Tennessee. The Supreme Court ruling confirmed that the intent of Congress's ESA laws was to preserve listed species "whatever the cost."

The God squad was asked to intervene but refused to do so. Congress then took action and waived the ESA to allow continued operation of Tellico Dam.

In 2002, a federal court ruled that drinking water originally intended for 500,000 residents of Albuquerque, N.M., should be diverted to protect the silvery minnow-a listed species under Congress's ESA laws.

Once again the Supreme Court ruled: "In enacting the ESA, Congress required the federal courts to give greater protection to endangered species over human interest." The federal court further declared that "the government's first duty is to the fish."

But guess what? Rather than letting Albuquerque, N.M. run out of water in 2003 Congress again did the right thing. Congress passed legislation in 2003 suspending enforcement of ESA laws in order to protect Albuquerque's continued access to water.

This brings us to the current water crisis in California. The fgederal courts have consistently ruled it was Congress's intent that even water destined for California farms and California cities should be sent to the ocean to benefit species like the "delta smelt."

In reviewing the enforcement of the ESA laws for the delta smelt, the situation is nearly identical to the silvery minnow and the snail darter cases. Why then hasn't Congress treated the Central Valley of California equally by temporarily suspending the ESA? Congress did this in 1978 and for New Mexico residents in 2003.

One Valley congressman, Devin Nunes, has repeatedly introduced legislation to protect the valley and the US domestic food supply. Nune's legislation is nearly identical to legislation passed into law by Congress to benefit Albuquerque residents. Unfortunately he has been stopped by some of the same politicians who voted for the New Mexico water legislation in 2003.

Valley and California congressional representatives are not united, as some have voted against legislation that would solve the Valley water crisis.

The efforts to restore our water deliveries continue to be blocked by partisan politics in Congress, more surprisingly even by our local Valley congressmen, Jim Costa and Dennis Cardoza.

Our two local Valley congressional representatives may deny the charge, but the facts speak for themselves. On July 14, Congressman Cardoza voted against three different amendments that would have turned on the delta pumps and restore water deliveries to the Central Valley.

Bay area congressional representatives Nancy Pelosi, George Miller, Sam Farr, Mike Honda and Mike Thompson all voted for the New Mexico water legislation in 2003. Now in 2009 they have basically declared war against California Central Valley farms and cities by testifying and voting against the Nunes legislation that would restore our water deliveries.

Then on July 23, both congressmen Jim Costa and Dennis Cardoza voted against legislation that would have allowed Congress to immediately consider legislation to turn the delta water pumps on and keep them on. Despite being co-sponsors of the legislation, they voted against the bill.

I guess Costa and Cardoza can continue issuing press releases claiming they co-sponsored legislation to turn on the pumps. But will they tell people they voted against the legislation they co-sponsored?

By voting against the legislation, Costa and Cardoza voted against the best interest of Valley residents and have assisted Bay Area the politicians who want our water, Nancy Pelosi, George Miller, Diane Feinstein and Barbara Boxer.

Instead of staying in Washington to solve the water crisis, Costa and Cardoza decided to let Valley residents continue to suffer while they went on their summer vacations.

Congress passed the laws. Congress can change the laws, or we need to change Congress.

Waymire is a resident of Hanford. He has co-chaired the local Farm Bureau Water Committee and attended numerous water meetings with politicians and natural resource agencies in California and Washington D.C.

(Sept. 12, 2009)