[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3798 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3798

 To direct the Secretary of the Interior to exclude and defer from the 
      pooled reimbursable costs of the Central Valley Project the 
 reimbursable capital costs of the unused capacity of the Folsom South 
Canal, Auburn-Folsom South Unit, Central Valley Project, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2006

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of the Interior to exclude and defer from the 
      pooled reimbursable costs of the Central Valley Project the 
 reimbursable capital costs of the unused capacity of the Folsom South 
Canal, Auburn-Folsom South Unit, Central Valley Project, 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. CERTAIN AMOUNTS EXCLUDE AND DEFER FROM THE POOLED 
              REIMBURSABLE COSTS RELATED TO THE CENTRAL VALLEY PROJECT.

    (a) In General.--The Secretary of the Interior (referred to in this 
section as the ``Secretary'') shall exclude and defer from the pooled 
reimbursable costs of the Central Valley Project the reimbursable 
capital costs of the unused capacity of the Folsom South Canal, Auburn-
Folsom South Unit, Central Valley Project.
    (b) Calculation of Amount of Deferred Use.--The Secretary shall 
calculate the amount to be assigned to deferred use as soon as 
practical and such shall be reflected in future years' water rates.
    (c) Calculation of Capital Costs.--For the purpose of calculating 
the excluded reimbursable cost for the Folsom South Canal facility, the 
Secretary shall multiply the existing total reimbursable cost for the 
facility by a factor, to be determined by dividing the current minimum 
unused conveyance capacity of the canal by the original design 
conveyance capacity of the canal. The minimum unused conveyance 
capacity of the canal shall--
            (1) be determined by the Secretary;
            (2) be based upon actual historic measured flows in the 
        canal and planned future flows; and
            (3) include the amount of Central Valley Project water that 
        was originally conveyed or was historically projected to be 
        conveyed through the Folsom South Canal which may have been 
        contractually assigned to another entity.
    (d) Review and Adjustment.--The Secretary shall review and adjust--
            (1) the amount described in subsection (b)(3) as 
        appropriate and recalculate the amount of such unused capacity 
        of the Folsom South Canal; and
            (2) the amount of reimbursable capital costs of the Folsom 
        South Canal.
    (e) Conveyance of Certain Water.--So long as an entity that is 
allocated and that pays capital, interest, and operation and 
maintenance costs associated with an amount of Central Valley Project 
water historically assigned to the Folsom South Canal does not use the 
Folsom South Canal for the conveyance of Central Valley Project water, 
that entity shall be entitled, without additional cost, to convey up to 
an equivalent amount of non-Central Valley Project water through the 
Folsom South Canal.
                                 <all>