[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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