[Congressional Record Volume 149, Number 166 (Monday, November 17, 2003)]
[House]
[Pages H11182-H11183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CARPINTERIA AND MONTECITO WATER DISTRIBUTION SYSTEMS CONVEYANCE ACT OF
2003
Mr. OSBORNE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1648) to authorize the Secretary of the Interior to convey
certain water distribution systems of the Cachuma Project, California,
to the Carpinteria Valley Water District and the Montecito Water
District.
The Clerk read as follows:
H.R. 1648
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carpinteria and Montecito
Water Distribution Systems Conveyance Act of 2003''.
SEC. 2. CONVEYANCE OF WATER DISTRIBUTION SYSTEMS OF THE
CACHUMA PROJECT, CALIFORNIA.
(a) In General.--The Secretary of the Interior--
(1) may convey to the Carpinteria Valley Water District,
located in Santa Barbara County, California, all right,
title, and interest of the United States in and to the
Carpinteria Distribution System of the Cachuma Project,
California, consistent with the terms and conditions set
forth in the agreement entitled ``Agreement Between the
United States and the Carpinteria Valley Water District to
Transfer Title to the Federally Owned Distribution System to
the Carpinteria Valley Water District'' (Agreement No. 00-XC-
20-0364); and
(2) may convey to the Montecito Water District, located in
Santa Barbara County, California, all right, title, and
interest of the United States in and to the Montecito Water
Distribution System of the Cachuma Project, California,
consistent with the terms and conditions set forth in the
agreement entitled ``Agreement Between the United States and
the Montecito Water District to Transfer Title to the
Federally Owned Distribution System to the Montecito Water
District'' (Agreement No. 01-XC-20-0365).
(b) Liability.--Effective upon the date of conveyance of a
distribution system under this section, the United States
shall not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating to
the distribution system, except for damages caused by acts of
negligence committed by the United States or by its employees
or agents prior to the date of conveyance. Nothing in this
section increases the liability of the United States beyond
that provided in chapter 171 of title 28, United States Code
(popularly known as the Federal Tort Claims Act) on the date
of the enactment of this Act.
(c) Benefits.--After conveyance of a water distribution
system to the Carpinteria Valley Water District or the
Montecito Water District under this section--
(1) such water distribution system shall not be considered
to be a part of a Federal reclamation project; and
(2) such water district shall not be eligible to receive
any benefits with respect to any facility comprising that
distribution system, except benefits that would be available
to a similarly situated person with respect to such a
facility that is not part of a Federal reclamation project.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nebraska (Mr. Osborne) and the gentlewoman from California (Mrs.
Napolitano) each will control 20 minutes.
The Chair recognizes the gentleman from Nebraska (Mr. Osborne).
General Leave
Mr. OSBORNE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nebraska?
There was no objection.
{time} 1600
Mr. OSBORNE. Mr. Speaker, I yield myself such time as I may consume.
This bill authorizes the Secretary of the Interior to transfer
specific water distribution systems of the Cachuma Project of the
Carpinteria Valley Water District and the Montecito Water District in
Santa Barbara County, California.
[[Page H11183]]
While this transfer would only apply to land and facilities and would
not affect the repayment obligations of the Federal Government, it will
help simplify the operation and maintenance of the districts' water
delivery systems and eliminate unnecessary paperwork. Both districts
have worked through all Federal requirements and need only to complete
the process with an act of Congress.
Transfers such as those included in this bill help shrink the size
and budget of Federal Government and help our communities manage our
water resources in a more efficient manner. I urge my colleagues to
support this consensus bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. NAPOLITANO asked and was given permission to revise and extend
her remarks.)
Mrs. NAPOLITANO. Mr. Speaker, H.R. 1648 simply authorizes the
transfer of certain features of the Bureau of Reclamation's Cachuma
Project near Santa Barbara, California, to the local water districts.
Allowing the local districts to take over parts of the project will
help simplify the operation and maintenance of the districts' water
distribution systems. I would like very much to commend the gentlewoman
from California (Mrs. Capps), my Democratic colleague and sponsor of
this bill, who is unable to be on the floor at this moment, for her
efforts to get this very important bill passed.
Mr. Speaker, H.R. 1648 is not controversial, and I urge my colleagues
to support this bill.
Mrs. CAPPS. Mr. Speaker, I rise in strong support of H.R. 1648, the
Carpinteria and Montecito Water Distribution Systems Conveyance Act of
2003--a bill I introduced that would authorize the title transfer of
federally owned water distribution systems in my congressional
district.
I want to commend my colleagues from California, the chairman of the
Resources Committee, Mr. Pombo, the chairman and ranking member of the
Subcommittee on Water and Power, Mr. Calvert and Mrs. Napolitano, as
well as the ranking member of the full Committee, Mr. Rahall for
expediting the consideration of this legislation in their respective
committees and for bringing H.R. 1648 before us today.
This legislation will authorize the title transfer of two federally
owned water distribution systems from the Bureau of Reclamation to the
Carpinteria Valley Water District and Montecito Water District, as
requested by the two Santa Barbara area Districts.
The purpose of the legislation is to simplify the operation and
maintenance of the Districts' water distribution systems and eliminate
unnecessary paperwork and consultation between the Districts and the
Bureau of Reclamation.
The Carpinteria Valley Water District and Montecito Water District,
which have operated and maintained the facilities proposed for transfer
since 1956 and 1995, respectively. The Districts have worked through
all requirements of the Bureau of Reclamation's title transfer process
including public meetings, fulfillment of their repayment obligations,
completion of an environmental assessment, which resulted in a finding
of no significant impact (FONSI), and compliance with all other
applicable laws. The only step remaining to complete the process is an
act of Congress enabling the Secretary of the Interior to transfer
title.
The proposed transfer would apply only to lands and facilities
associated with these facilities and would not affect the Districts'
existing water service contract with the Santa Barbara County Water
Agency nor the Federal government receipts from water deliveries under
the contract. In addition, the proposed transfer does not envision any
new physical modification or expansion of the service infrastructure.
Mr. Speaker, the proposed transfer of ownership would include the
following facilities:
Carpinteria: The distribution system consisting of 36 miles
of pipeline and laterals; Gobernador Reservoir; Shephard Mesa
Tank; Lateral 10L, Carpinteria and Shephard Mesa pumping
plants; several pressure regulating vaults located throughout
the system; fences and structures; and rights-of-way,
easements, leases and other property permitting access to the
Federal system.
Montecito: 9.5 miles of pipelines and laterals; the Asegra
Pumping Plant (a deactivated pumping plant connected to a
portion of lateral 3 located on Asegra Road); Ortega Ridge
Pumping plant located on Ortega Ridge Road; pressure
regulating vaults, fences and structures appurtenant to the
distribution system; and rights-of-way, easements, leases,
and other property permitting access to the Federal system.
Again, I would like to thank the Committee on Resources for
supporting this bill, and urge its immediate passage.
Mrs. NAPOLITANO. Mr. Speaker, I yield back the balance of my time.
Mr. OSBORNE. Mr. Speaker, I commend the gentlewoman from California
for her assistance through this process.
I have no further requests for time, and I yield back the balance of
my time.
The SPEAKER pro tempore (Mr. Culberson). The question is on the
motion offered by the gentleman from Nebraska (Mr. Osborne) that the
House suspend the rules and pass the bill, H.R. 1648.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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