[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 29 Referred in Senate (RFS)]
2d Session
H. R. 29
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2008
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to construct facilities to
provide water for irrigation, municipal, domestic, military, and other
uses from the Santa Margarita River, California, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, watershed management, and maintenance of which is
authorized under section 2.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, unless otherwise stated.
SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA RIVER
PROJECT.
(a) Authorization.--The Secretary, acting pursuant to the Federal
reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts
amendatory thereof or supplementary thereto, as far as those laws are
not inconsistent with the provisions of this Act, is authorized to
construct, operate, and maintain the Project substantially in
accordance with the final feasibility report and this Act.
(b) Conditions.--The Secretary may construct the Project only after
the Secretary determines that the following conditions have occurred:
(1) The District and the Navy have entered into contracts
under sections 9(c)2 and 9(e) of the Reclamation Project Act of
1939 to repay to the United States equitable and appropriate
portions, as determined by the Secretary, of the actual costs
of constructing, operating, and maintaining the Project.
(2) The officer or agency of the State of California
authorized by law to grant permits for the appropriation of
water has granted such permits to the Bureau of Reclamation for
the benefit of the Department of the Navy and the District as
permittees for rights to the use of water for storage and
diversion as provided in this Act, including approval of all
requisite changes in points of diversion and storage, and
purposes and places of use.
(3) The District has agreed that it will not assert against
the United States any prior appropriative right the District
may have to water in excess of the quantity deliverable to it
under this Act, and will share in the use of the waters
impounded by the Project on the basis of equal priority and in
accordance with the ratio prescribed in section 4(b). This
agreement and waiver and the changes in points of diversion and
storage under paragraph (2), shall become effective and binding
only when the Project has been completed and put into operation
and may be varied by agreement between the District and the
Secretary of the Navy.
(4) The Secretary has determined that the Project has
economic, environmental, and engineering feasibility.
SEC. 3. COSTS.
Upon completion of the construction of the Project, the Department
of the Navy shall be responsible to repay to the Secretary only that
portion of the construction, operation and maintenance costs of the
Project that the Secretary and the Secretary of the Navy determine
reflects the extent to which the Department of the Navy benefits from
the Project. Provided that the Secretary is hereby authorized to enter
into a contract with the Secretary of the Navy for the impounding,
storage, treatment, and carriage of prior rights water for domestic,
municipal, fish and wildlife, industrial and other beneficial purposes
using Project facilities.
SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.
(a) Operation.--The operation of the Project, subject to a
memorandum of agreement between the Secretary, the Navy, and the
District and under regulations satisfactory to the Secretary of the
Navy with respect to the Navy's share of the project, may be by the
Secretary, the District, or a third party consistent with section 6.
(b) Yield Allotment.--Except as otherwise agreed between the
parties, the Department of the Navy and the District shall participate
in the Project yield on the basis of equal priority and in accordance
with the following ratio:
(1) 60 percent of the Project's yield is allotted to the
Secretary of the Navy.
(2) 40 percent of the Project's yield is allotted to the
District.
(c) Contracts for Delivery of Excess Water.--
(1) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed upon to
administer the Project that the Department of the Navy does not
have immediate need for any portion of the 60 percent of the
Project's yield allotted to the Secretary of the Navy under
subsection (b), the official may enter into temporary contracts
for the sale and delivery of the excess water.
(2) First right for excess water.--The first right to
excess water to be made available under paragraph (1) shall be
given the District, if otherwise consistent with the laws of
the State of California.
(3) Condition of contracts.--Each contract entered into
under paragraph (1) for the sale and delivery of excess water
shall include a condition that the Secretary of the Navy has
the right to demand that water, without charge and without
obligation on the part of the United States, after 30 days
notice.
(4) Modification of rights and obligations.--The rights and
obligations of the United States and the District regarding the
ratio, amounts, definition of Project yield, and payment for
excess water may be modified by an agreement between the
parties.
(d) Consideration.--
(1) Deposit of funds.--Moneys paid to the United States
under a contract entered into under subsection (c) shall be
deposited in the special account established for the Department
of the Navy under paragraph (1) of section 2667(d) of title 10,
United States Code, and shall be available for the purposes
specified in subparagraph (C) of such paragraph. Subparagraph
(D) of such paragraph shall not apply to moneys deposited in
the special account pursuant to this subsection.
(2) In-kind consideration.--In lieu of monetary
consideration under paragraph (1), or in addition to such
consideration, the Secretary of the Navy may accept in-kind
consideration in a form and quantity that is acceptable to the
Secretary of the Navy, including the following forms of in-kind
consideration:
(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the
Department of the Navy.
(B) Construction of new facilities for the
Department of the Navy.
(C) Provision of facilities for use by the
Department of the Navy.
(D) Facilities operation support for the Department
of the Navy.
(E) Provision of such other services as the
Secretary of the Navy considers appropriate.
(3) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities whose construction is accepted as in-kind
consideration under this subsection.
(4) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under subsection (c) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of the following:
(A) The end of the 30-day period beginning on the
date on which a report describing the contract and the
form and quantity of the in-kind consideration is
submitted by the Secretary of the Navy to the Committee
on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives.
(B) The end of the 14-day period beginning on the
date on which a copy of the report referred to in
subparagraph (A) is provided in an electronic medium
pursuant to section 480 of title 10, United States
Code.
SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.
(a) In General.--The general repayment obligation of the District
shall be determined by the Secretary of the Interior consistent with
sections 9(c)2 and 9(e) of the Reclamation Project Act of 1939 to repay
to the United States equitable and appropriate portions, as determined
by the Secretary, of the actual costs of constructing, operating, and
maintaining the Project; provided, however, that for the purposes of
calculating interest and determining the time when the District's
repayment obligation to the United States commences, the pumping and
treatment of groundwater from the Project shall be deemed equivalent to
the first use of water from a water storage project. There shall be no
repayment obligation under this section for water delivered to the
District under a contract as provided in section 4(c).
(b) Modification of Rights and Obligation by Agreement.--The rights
and obligations of the United States and the District regarding the
repayment obligation of the District may be modified by an agreement
between the parties.
SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTENANCE.
The Secretary may transfer to the District, or a mutually agreed
upon third party, the care, operation, and maintenance of the Project
under conditions satisfactory to the Secretary and the District, and
with respect to the portion of the Project that is located within the
boundaries of Camp Pendleton, satisfactory also to the Secretary of the
Navy. If such a transfer takes place, the District shall be entitled to
an equitable credit for the costs associated with the Secretary's
proportionate share of the operation and maintenance of the Project.
The amount of such costs shall be applied against the indebtedness of
the District to the United States.
SEC. 7. SCOPE OF ACT.
For the purpose of this Act, the basis, measure, and limit of all
rights of the United States pertaining to the use of water shall be the
laws of the State of California. Provided that nothing in this Act
shall be construed--
(1) as a grant or a relinquishment by the United States of
any rights to the use of water that it acquired according to
the laws of the State of California, either as a result of its
acquisition of the lands comprising Camp Joseph H. Pendleton
and adjoining naval installations, and the rights to the use of
water as a part of that acquisition, or through actual use or
prescription or both since the date of that acquisition, if
any;
(2) to create any legal obligation to store any water in
the Project, to the use of which the United States has such
rights;
(3) to require the division under this Act of water to
which the United States has such rights; or
(4) to constitute a recognition of, or an admission by the
United States that, the District has any rights to the use of
water in the Santa Margarita River, which rights, if any, exist
only by virtue of the laws of the State of California.
SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.
Unless otherwise agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of its acquisition of the lands
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part of
those acquisitions, or through actual use or prescription, or
both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way which
will impair or deplete the quantities of water the use of which
the United States would be entitled under the laws of the State
of California had the Project not been built.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated, out of any money in the
Treasury of the United States not otherwise appropriated, the
following:
(1) $60,000,000 (the current estimated construction cost of
the Project, plus or minus such amounts as may be indicated by
the engineering cost indices for this type of construction).
(2) Such sums as may be required to operate and maintain
the said project.
SEC. 10. REPORTS TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act
and periodically thereafter, the Secretary and the Secretary of the
Navy shall each report to the Congress regarding if the conditions
specified in section 2(b) have been met and if so, the details of how
they were met.
SEC. 11. SUNSET.
The authority of the Secretary to complete construction of the
Project shall terminate 10 years after the date of enactment of this
Act.
Passed the House of Representatives February 12, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.