[House Report 106-426]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-426
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USE OF SOLANO PROJECT FACILITIES FOR IMPOUNDING, STORAGE, AND CARRIAGE
OF NONPROJECT WATER
_______
November 1, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1235]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom ws referred the bill
(H.R. 1235) to authorize the Secretary of the Interior to enter
into contracts with the Soloano County Water Agency,
California, to use Solano Project facilities for impounding,
storage, and carriage of nonproject water for domestic,
municipal, industrial, and other beneficial purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
purpose of the bill
The purpose of H.R. 1235 is to authorize the Secretary of
the Interior to enter into contracts with the Solano County
Water Agency, California, to use Solano Project facilities for
impounding, storage, and carriage of nonproject water for
domestic, municipal, industrial, and other beneficial purposes.
background and need for legislation
The City of Vallejo has tried to use its water supply
facilities more efficiently, but has been limited by a
provision in federal law that prohibits the City from sharing
space in an existing federal water delivery canal. The City of
Vallejo wants to ``wheel'' some of its drinking water through
part of the canal serving California's Solano Project, a water
project built by the Bureau of Reclamation in the 1950s. The
City of Vallejo is prepared to pay any appropriate charges for
the use of these facilities. In addition, any Warren Act
contract affecting the Solano Project would be conducted in
full compliance with all applicable environmental requirements.
committee action
H.R. 1235 was introduced on March 23, 1999, by Congressman
George Miller (D-CA). H.R. 1235 was referred to the Committee
on Resources and within the Committee to the Subcommittee on
Water and Power. A legislative hearing was held on the bill on
October 7, 1999, by the Subcommittee on Water and Power. On
October 27, 1999, the Full Resources Committee met to consider
the bill. The Subcommittee was discharged from further
consideration of the measure by unanimous consent. No
amendments were offered and the bill was ordered favorably
reported to the House of Representatives by voice vote.
section-by-section analysis
Section 1. Use of Solano Project Facilities for nonproject water
This section authorizes the Secretary of the Interior to
enter into contracts, pursuant to the Act of February 21, 1911
(known as the Warren Act), for the impounding, storage, and
carriage of non-project water for domestic, municipal,
industrial and other beneficial purposes, as well as the
exchange of water among Solano Project contractors, using any
facilities associated with the Solano Project, California.
committee oversight findings and recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
constitutional authority statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
compliance with house rule xiii
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, enactment of this
bill could result in an increase in offsetting receipts (a
credit against direct spending) of less than $50,000 a year.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 29, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1235, a bill to
authorize the Secretary of the Interior to enter into contracts
with the Solano County Water Agency, California, to use Solano
Project facilities for impounding, storage, and carriage of
nonproject water for domestic, municipal, industrial, and other
beneficial purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll (for federal costs), and Marjorie Miller (for the state
and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1235.--A bill to authorize the Secretary of the Interior to enter
into contracts with the Solano County Water Agency, California,
to use Solano Project facilities for impounding, storage, and
carriage of nonproject water for domestic, municipal,
industrial, and other beneficial purposes
CBO estimates that implementing H.R. 1235 would not have a
significant impact on the federal budget. According to the
Bureau of Reclamation, the authority that would be granted by
H.R. 1235 would be used for transporting water to the city of
Vallejo from an existing storage facility. CBO estimates that
this action would increase the cost of operating and
maintaining the project by less than $50,000 a year beginning
in fiscal year 2001. These amounts would be subject to
appropriation and would be reimbursed by the municipality in
the year the costs are incurred. Payments from the city would
be deposited in the Treasury as offsetting receipts (a credit
against direct spending). CBO estimates that these receipts
would be less than $50,000 a year. Because the bill would
affect direct spending, pay-as-you-go procedures would apply.
H.R. 1235 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contacts are Megan Carroll (for federal
costs), and Marjorie Miller (for the state and local impact).
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
ADDITIONAL VIEWS
The City of Vallejo has requested Congressional approval of
its proposal to use excess capacity in a Bureau of Reclamation
project canal to move part of its raw municipal water supply to
a new water treatment plant. Legislation must be enacted
because a limitation in Federal law currently prohibits the
city from sharing space in an existing Federal water delivery
canal.
Once this legislation is enacted, the City of Vallejo will
be able to negotiate and sign a so-called ``Warran Act''
contract to ``wheel'' some of its water supply from its Lake
Curry storage reservoir through a specific and limited part of
the Putah South Canal. In so doing, the City will be able to
keep its current water right permit active.
The Putah South Canal serves the Solano Project,
constructed by the Bureau of Reclamation in the 1950s.
Vallejo's proposal has been carefully negotiated with the
Solano Water Authority and other Solano Project water users,
including the City of Fairfield. Vallejo is prepared to pay all
appropriate charges for the use of the facility. There will be
no cost to the United States.
In California, we are becoming much more reliant on using
various facilities--some of them federal, some state, some
private--to facilitate the movement and transfer of water more
efficiently around the state. We have both state and federal
initiatives to encourage more efficient water use. We also have
the various CALFED programs, focusing on improved water
management to meet our state's complex needs. This bill is part
of that ongoing effort to bring some flexibility into our water
management policies while continuing to meet important
statutory, fiscal and environmental requirements.
Execution of a Warren Act contract to benefit the City of
Vallejo will require full compliance with Federal and State
environmental laws and regulations. We want to assure that no
damage is done to the steelhead fishery that is returning to
Suisun Creek, or to other resources. The record of the
Committee's consideration of H.R. 1235 includes correspondence
from the Bureau of Reclamation, clearly indicating that all
environmental compliance requirements must be met before
execution of a Warren Act Contract to benefit the City of
Vallejo. These include the requirements of the National
Environmental Policy Act of 1969, the California Environmental
Quality Act, the Endangered Species Act, State Fish and Game
Department regulations, and all other environmental mandates.
George Miller.