1.This Act may be cited as the
Madera Water Supply Enhancement
Act
.
2.For the purposes of this Act:
(1)The term
District means the Madera Irrigation District, Madera,
California.
(2)The term Project means the
Madera Water Supply Enhancement Project, a groundwater bank on the 13,646 acre
Madera Ranch in Madera, California, owned, operated, maintained, and managed by
the District that will plan, design, and construct recharge, recovery, and
delivery systems able to store up to 250,000 acre-feet of water and recover up
to 55,000 acre-feet of water per year.
(3)The term
Secretary means the Secretary of the United States Department of
the Interior.
(4)The term total cost means all
reasonable costs, such as the planning, design, permitting, financing, and
construction of the Project and the fair market value of lands used or acquired
by the District for the Project. The total cost of the Project shall not exceed
$90,000,000.
3.No
further studies or reports
(a)Congress finds that the Bureau of
Reclamation and others have conducted numerous studies regarding the Project,
including, but not limited to the following:
(1)Bureau of Reclamation Technical Review
Groups Final Findings Memorandum, July 1997.
(2)Bureau of Reclamation Madera Ranch
Artificial Recharge Demonstration Test Memorandum, December 1997.
(3)Bureau of Reclamation Madera Ranch
Groundwater Bank Phase 1 Report, 1998.
(4)Draft Memorandum
Recommendations for Phase 2 Geohydrologic Work, April 1998.
(5)Bureau of
Reclamation Madera Ranch Water Banking Proposal Economic
Analysis—MP–340.
(6)Hydrologic
Feasibility Report, December 2003.
(7)Engineering Feasibility Report, December
2003.
(8)Feasibility Study of the Preferred
Alternative, Water Supply Enhancement Project, 2005.
(9)Engineering
Feasibility Report, June 2005.
(10)Report on
Geologic and Hydrologic Testing Program for Madera Ranch.
(11)Engine Driver
Study, June 2005.
(12)Wetlands
Delineation, 2000, 2001, 2004, and 2005.
(13)Madera Ranch Pilot Recharge: Interim
Technical Memorandum, May 2005.
(14)Integrated
Regional Water Management Plan, July 2005.
(15)Certified
California Environmental Quality Act (CEQA) Environmental Impact Report (EIR),
September 2005.
(16)Baseline
Groundwater Level Monitoring Report, January 2006.
(17)Final Appraisal
Study, Madera Irrigation District Water Supply Enhancement Project, October
2006.
(18)WDS Groundwater Monitoring Status Report to
Madera Ranch Oversight Committee, November 2006.
(b)No further
studies or reportsPursuant
to the Reclamation Act of 1902 (32 Stat. 388) and Acts amendatory thereof and
supplemental thereto, the Project is feasible and the Bureau of Reclamation
shall not conduct any further studies or reports related to determining the
feasibility of the Project.
4.All planning,
design, and construction of the Project authorized by this Act shall be
undertaken in accordance with a cooperative agreement between the Secretary and
the District for the Project. Such cooperative agreement shall set forth in a
manner acceptable to the Secretary and the District the responsibilities of the
District for participating, which shall include—
(1)engineering and
design;
(2)construction;
and
(3)the administration
of contracts pertaining to any of the foregoing.
5.Authorization for
the madera water supply and enhancement project
(a)Authorization of
ConstructionThe 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 enter into a cooperative
agreement through the Bureau with the District for the support of the design,
and construction of the Project.
(b)The Federal share of
the capital costs of the Project shall not exceed 25 percent of the total cost
as defined in section 2(4). Capital, planning, design, permitting, financing,
construction, and land acquisition costs incurred by the District prior to the
date of the enactment of this Act shall be considered a portion of the
non-Federal cost share.
(c)In-kind services performed by the District shall be
considered a part of the local cost share to complete the Project authorized by
subsection (a).
(d)Credit for
Non-Federal WorkThe District shall receive credit toward the
non-Federal share of the cost of the Project for—
(1)reasonable costs incurred by the District
as a result of participation in the planning, design, permitting, financing,
and construction of the Project; and
(2)for the fair
market value of lands used or acquired by the District for the Project.
(e)The Secretary shall not provide funds for
the operation or maintenance of the Project authorized by this section. The
operation, ownership, and maintenance of the Project shall be the sole
responsibility of the District.
(f)Plans and
Analyses Consistent With Federal LawBefore obligating funds for
design or construction under this section, the Secretary shall work
cooperatively with the District to use, to the extent possible, plans, designs,
and engineering and environmental analyses that have already been prepared by
the District for the Project. The Secretary shall ensure that such information
as is used is consistent with applicable Federal laws and regulations.
(g)Title;
Responsibility; LiabilityNothing in this section or the
assistance provided under this section shall be construed to transfer title,
responsibility or liability related to the Project to the United States.
(h)Authorization of
AppropriationThere is
authorized to be appropriated to the Secretary to carry out this Act
$22,500,000 or 25 percent of the total cost of the Project, whichever is
less.
6.The authority of the Secretary to carry out
any provisions of this Act shall terminate 10 years after the date of the
enactment of this Act.