[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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