[Congressional Record Volume 150, Number 123 (Monday, October 4, 2004)]
[House]
[Pages H7967-H7969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING SECRETARY OF THE INTERIOR FOR CONSTRUCTION OF LOWER SANTA 
                   MARGARITA CONJUNCTIVE USE PROJECT

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4389) 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, as amended.
  The Clerk read as follows:

                               H.R. 4389

       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 section, 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, and maintenance of which is authorized under 
     subsection (b).

     SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF LOWER SANTA 
                   MARGARITA CONJUNCTIVE USE 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 to make the yield of the Lower Santa Margarita 
     Conjunctive Use Project to be located below the confluence of 
     De Luz Creek with the Santa Margarita River on Camp Joseph H. 
     Pendleton, the Fallbrook Annex of the Naval Weapons Station, 
     and surrounding lands within the service area of the District 
     available for irrigation, municipal, domestic, military, and 
     other uses for the District and such other users as herein 
     provided.
       (b) Conditions.--The Secretary of the Interior may 
     construct the Project only after the Secretary of the 
     Interior determines that the following conditions have 
     occurred:
       (1) The District has entered into a contract under section 
     9(d) of the Reclamation Project Act of 1939 to repay to the 
     United States appropriate portions, as determined by the 
     Secretary, of the actual costs of constructing, operating, 
     and maintaining the Project, together with interest as 
     hereinafter provided.
       (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 permitees 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

[[Page H7968]]

     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.
       (4) The Secretary of the Interior has determined that the 
     Project has economic, environmental, and engineering 
     feasibility.

     SEC. 3. COSTS.

       The Department of the Navy shall not be responsible for any 
     costs in connection with the Project, except upon completion 
     and then shall be charged in reasonable proportion to its use 
     of the Project under regulations agreed upon by the Secretary 
     of the Navy and Secretary of the Interior.

     SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.

       (a) Operation.--The operation of the Project may be by the 
     Secretary of the Interior or otherwise as agreed upon by the 
     Secretaries of the Interior and the Navy and the District, 
     under regulations satisfactory to the Secretary of the Navy 
     with respect to the Navy's share of the impounded water and 
     national security.
       (b) Yield Allotment.--Except as otherwise agreed between 
     the parties, the Department of the Navy and the District 
     shall participate in the water impounded by the Project 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 Water.--
       (1) In general.--If the Secretary of the Navy certifies 
     that the Department of the Navy does not have immediate need 
     for any portion of the 60 percent yield allotted under 
     subsection (b), the official agreed upon to administer the 
     Project may enter into temporary contracts for the delivery 
     of the excess water.
       (2) First right for excess water.--The first right of the 
     Secretary of the Navy to demand that water without charge and 
     without obligation on the part of the United States after 30 
     days notice shall be included as a condition of contracts 
     entered into under this subsection. The first right to water 
     available under paragraph (1) shall be given the District, if 
     otherwise consistent with the laws of the State of 
     California.
       (3) Disposition of funds.--Moneys paid to the United States 
     under a contract under this subsection shall be covered into 
     the general Treasury or to the Secretary of the Navy, as 
     services in lieu of payment for operation and maintenance of 
     the Project, and shall not be applied against the 
     indebtedness of the District to the United States.
       (4) Modification of rights and obligations related to water 
     yield.--The rights and obligations of the United States and 
     the District regarding the ratio or amounts of Project yield 
     delivered may be modified by an agreement between the 
     parties.

     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 the Water Supply Act of 1958; 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.
       (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 that 
     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. 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 constitute a recognition of, or an admission 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; or
       (4) to require the division under this Act of water to 
     which the United States has such rights.

     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); and
       (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 of the 
     Interior 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 4389, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4389, introduced by our colleague, the gentleman 
from California (Mr. Issa), authorizes the construction of a 
groundwater recharge and pumping project in the lower Santa Margarita 
River Basin in Southern California. If constructed, the project could 
provide much-needed water to the local water utility district and to 
the Camp Pendleton Marine Base for its military needs.
  Supporters believe this project, in conjunction with ongoing water 
conservation measures, will augment the local water district's water 
supply, will relieve additional demands on the future for costly and 
limited imported water supplies, and sets aside and preserves valuable 
environmental habitats.
  This project is an excellent example of a local agency working to 
secure safe and dependable water supplies for future generations, and I 
urge the adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, the majority has explained the pending 
measure. I see the sponsor of the legislation is preparing to speak on 
it. We on this side have no objection to its consideration.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Issa), Congressman to the 49th District 
of California and a valued member of the Committee on Energy and 
Commerce.
  Mr. ISSA. Mr. Speaker, I thank the gentleman for his comments and for 
yielding me this time.
  Mr. Speaker, I rise today in support of H.R. 4389, which I introduced 
in June of 2004. I want to take this opportunity to thank the chairman 
of the Committee on Resources, the subcommittee chairman, the ranking 
member on the

[[Page H7969]]

Subcommittee on Water and Power, and all the staff who have worked so 
hard to bring this important piece of legislation to the floor in an 
expeditious fashion.
  H.R. 4389 authorizes the construction of a conjunctive use water 
project on the Santa Margarita River in Fallbrook, California. The 
project will treat water drawn from the Santa Margarita River and offer 
a reliable water source to the Camp Pendleton Marines and the 
surrounding communities. Over 60,000 military and civilian personnel 
work aboard that base each day. It is home to the 1st Marine 
Expeditionary Force, 1st Marine Division, 1st Force Service Support 
Group and many other tenants, more than half of whom have been serving 
in Iraq as we speak.
  Securing a reliable source of drinking water has been an ongoing 
challenge for this base. In fact, this piece of legislation is really a 
piece of legislation begun by my predecessor, Mr. Ron Packard, who 
today continues to oversee the completion of this project. It is truly 
his legacy we are passing on today.
  San Diego County has relatively few natural resources for fresh 
drinking water and has forced the import of 90 percent of the water it 
consumes annually. This project is vital for the future of San Diego 
County because it provides over 15,000 acre feet of drinking water that 
will not have to be imported from the already overtaxed Colorado River 
or the Bay-Delta.
  Additionally, this bill will provide the first connection to Southern 
California's imported drinking water supply from the San Diego 
aqueduct. This will supply quality safe drinking water for Camp 
Pendleton, and the construction of this project will dramatically 
improve the quality of life for Marines, their families, and to this 
important military installation.
  Mr. Speaker, I urge support and passage of H.R. 4389.
  Mr. ISSA. Mr. Speaker, I rise today in support of H.R. 4389, which I 
introduced on June 23, 2004. I want to take this opportunity to thank 
the Chairman of the Resources Committee, the Subcommittee Chairman on 
Water and Power and all the staff involved for reporting this bill 
favorably to the floor in an expeditious manner.
  H.R. 4389 authorizes the construction of a conjunctive use water 
project on the Santa Margarita River in Fallbrook, CA. This project 
will treat water drawn from the Santa Margarita River and offer a 
reliable water supply for Marine Corps Base, Camp Pendleton and the 
surrounding communities. Over 60,000 military and civilian personnel 
work aboard the base everyday. It is the home of 1st Marine 
Expeditionary Force, 1st Marine Division, 1st Force Service Support 
Group and many tenant units. Securing a reliable source of quality 
drinking water has been an ongoing challenge for the base.
  San Diego County has relatively few natural sources to draw drinking 
water from and it is forced to import over 90 percent of all the water 
consumed annually. This project is vital to the future of San Diego 
County because it will provide 15,000 acre feet of drinking water; we 
will not need to import from the Colorado River or the Bay Delta. 
Additionally, this bill will provide a connection for the first time to 
Southern California's imported water supply via the San Diego Aqueduct.
  The water quality for Camp Pendleton will dramatically improve with 
the construction of this project, and the quality of life of Marines 
and their families at this important military installation will be 
enhanced.
  I want to thank the Chairman for the opportunity to speak on H.R. 
4389, and I urge my colleagues to vote in favor of this bill.
  Ms. BERKLEY. Mr. Speaker, I rise today in support of the Lincoln 
County Conservation, Recreation, and Development Act of 2004. I would 
like to thank Mr. Gibbons, Mr. Porter, Mr. Rahall, Mr. Pombo, and the 
members of the Resources Committee for their diligent work on this 
bipartisan legislation that is important to all Nevadans.
  The Lincoln County Conservation, Recreation, and Development Act is 
the result of the cooperation and support of the entire Nevada 
delegation. This carefully crafted piece of legislation strikes a 
delicate balance between encouraging economic development in Lincoln 
County, protecting Nevada's environment, and managing essential natural 
resources.
  The Federal Government controls over 98 percent of the land in 
Lincoln County. Allowing for the private development of a portion of 
this land would provide for an increase in economic growth in Lincoln 
County. Property taxes collected would be reinvested to maintain 
critical government services and improve infrastructure and 
recreational opportunities within the County. Proceeds from land sales 
will also be reinvested to preserve and manage parks, trails, and 
natural resources, and pay for development of a multi-species 
conservation plan.
  This comprehensive legislation will aid in the preservation of our 
natural resources and public lands in Lincoln County. Nearly 770,000 
acres of land will be designated as wilderness, and thousands of acres 
in Lincoln County will be protected to create more parks and trails for 
future generations. I am extremely pleased that the Mount Irish, Big 
Rocks and Mormon Mountain areas were included as wilderness 
designations in the final version of this vital legislation. These 
sites are rich in archeological artifacts and wilderness designation 
provides the necessary protection for these treasures.
  I recognize the importance of ensuring that environmentally sensitive 
lands are protected. Under this legislation the Bureau of Land 
Management will complete a full environmental impact statement pursuant 
to the National Environmental Policy Act (NEPA). Another provision 
provides the Secretary of the Interior the authority to set aside 
10,000 acres of the land to be auctioned for potential cultural and 
natural resource issues that may arise.
  This sensible piece of legislation will provide an economic boost to 
the communities of Lincoln County and protect and promote Nevada's 
unique natural areas while providing exciting opportunities to sustain 
future growth in our great State.
  Mrs. CHRISTENSEN. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the bill, H.R. 4389, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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