[Congressional Record Volume 153, Number 74 (Monday, May 7, 2007)]
[House]
[Pages H4506-H4507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 LOWER REPUBLICAN RIVER BASIN STUDY ACT

  Mrs. NAPOLITANO. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1025) to authorize the Secretary of the Interior to 
conduct a study to determine the feasibility of implementing a water 
supply and conservation project to improve water supply reliability, 
increase the capacity of water storage, and improve water management 
efficiency in the Republican River Basin between Harlan County Lake in 
Nebraska and Milford Lake in Kansas.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1025

       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 ``Lower Republican River Basin 
     Study Act''.

     SEC. 2. REPUBLICAN RIVER BASIN FEASIBILITY STUDY.

       (a) Authorization of Study.--Pursuant to reclamation laws, 
     the Secretary of the Interior, acting through the Bureau of 
     Reclamation and in consultation and cooperation with the 
     States of Nebraska, Kansas, and Colorado, may conduct a study 
     to--
       (1) determine the feasibility of implementing a water 
     supply and conservation project that will--
       (A) improve water supply reliability in the Republican 
     River Basin between Harlan County Lake in Nebraska and 
     Milford Lake in Kansas, including areas in the counties of 
     Harlan, Franklin, Webster, and Nuckolls in Nebraska and 
     Jewel, Republic, Cloud, Washington, and Clay in Kansas (in 
     this section referred to as the ``Republican River Basin'');
       (B) increase the capacity of water storage through 
     modifications of existing projects or through new projects 
     that serve areas in the Republican River Basin; and
       (C) improve water management efficiency in the Republican 
     River Basin through conservation and other available means 
     and, where appropriate, evaluate integrated water resource 
     management and supply needs in the Republican River Basin; 
     and
       (2) consider appropriate cost-sharing options for 
     implementation of the project.
       (b) Cost Sharing.--The Federal share of the cost of the 
     study shall not exceed 50 percent of the total cost of the 
     study, and shall be nonreimbursable.

[[Page H4507]]

       (c) Cooperative Agreements.--The Secretary shall undertake 
     the study through cooperative agreements with the State of 
     Kansas or Nebraska and other appropriate entities determined 
     by the Secretary.
       (d) Completion and Report.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 3 years after the date of the enactment of this 
     section the Secretary of the Interior shall complete the 
     study and transmit to the Congress a report containing the 
     results of the study.
       (2) Extension.--If the Secretary determines that the study 
     cannot be completed within the 3-year period beginning on the 
     date of the enactment of this Act, the Secretary--
       (A) shall, at the time of that determination, report to the 
     Congress on the status of the study, including an estimate of 
     the date of completion; and
       (B) complete the study and transmit to the Congress a 
     report containing the results of the study by not later than 
     that date.
       (e) Sunset of Authority.--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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Napolitano) and the gentleman from Colorado (Mr. 
Lamborn) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. NAPOLITANO. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 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 
gentlewoman from California?
  There was no objection.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  The purpose of H.R. 1025, as introduced by our colleague from Kansas 
(Mr. Moran), is to authorize the Secretary of the Interior to conduct a 
feasibility study on the Republican River Basin between Harlan County 
Lake in Nebraska and Milford Lake in Kansas.
  H.R. 1025 is a cooperative agreement between Nebraska, Kansas, 
Colorado, and the Federal Government that calls for a feasibility study 
of water resources of that river basin. The goal is to find new 
solutions to provide water reliability, increase the capacity of the 
current water storage, which is so important, and improve water 
management efficiency. This study is imperative to the responsible 
management of our water supplies.
  I urge my colleagues to join me in supporting H.R. 1025.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 1025, introduced by our colleagues Jerry Moran and Adrian Smith, 
implements the Republican River Compact Settlement as negotiated 
between the States of Colorado, Nebraska, and Kansas. This legislation 
serves as the first step to increase water storage and water use 
efficiency to benefit those served by the waters of the Republican 
River.
  I commend Mr. Moran and Mr. Smith for their leadership on this 
important matter. I urge my colleagues to support this legislation.
  Mr. Speaker, I yield 3 minutes to the gentleman from Nebraska (Mr. 
Smith).
  Mr. SMITH of Nebraska. I thank the gentleman for yielding me time and 
bringing this bill forward today.
  Mr. Speaker, H.R. 1025 would authorize one of the requirements of the 
Republican River Compact Settlement negotiated between the States of 
Nebraska, Kansas and Colorado and approved by the Supreme Court in 
2003. It is not only necessary to ensure the States remain in 
compliance with this agreement, but to make certain the agriculture, 
industrial and domestic use of the water is carried out in the most 
efficient and effective manner possible.
  The Lower Republican River Basin Study will examine how to better 
utilize opportunities to increase water storage in the river basin. I 
am hopeful the results of this study will lead to an increase in water 
availability while we continue to encourage more efficient water use.
  As many of you know, especially those from the Midwest, the current 
water shortage has made this a very critical issue for my congressional 
district. So if we can, through this study, allocate more water, 
allocate water more effectively, it will help farmers, ranchers, 
municipalities both in Nebraska and Kansas in the long term.
  I want to thank Mr. Rahall, Mr. Young, and the Natural Resources 
Committee staff for bringing forth this bill. I appreciate the 
cooperation on both sides of the aisle. I urge Members of Congress to 
approve this legislation.
  Mr. MORAN of Kansas. Mr. Speaker, I rise in support of H.R. 1025, the 
Lower Republican River Basin Study Act. I would like to thank Chairman 
Rahall and the Resources Committee for helping to bring this 
legislation before the House today.
  The timing of this legislation is significant, not only for farmers 
in Kansas who have dealt with successive years of drought and decreased 
water supplies, but because the respective states have already 
appropriated funds for the current fiscal year to conduct the 
feasibility study authorized by this legislation.
  H.R. 1025 is a product of the Republican River Compact Settlement. 
That settlement resulted from litigation filed by the State of Kansas 
against the States of Nebraska and Colorado in 1998 because required 
amounts of water were not reaching Kansas under the Republican River 
Compact terms. In 2003, the Republican River Compact Settlement brought 
that litigation to an end.
  The Settlement was signed not only by the party States, but also 
administration officials and was subsequently approved by the United 
States Supreme Court in 2003. As part of that Settlement, the Parties 
agreed to have the Secretary of the Interior conduct a study to 
determine the feasibility of implementing water supply and conservation 
projects in the Republican River Basin below Harlan Reservoir. In 
accordance with the Settlement Agreement, H.R. 1025 provides that the 
cost of the study will be shared between the Federal Government and the 
States of Kansas and Nebraska.
  As of today, the States have done their part under the settlement 
agreement. In fact, my home State of Kansas has already appropriated 
funds for the current fiscal year. I also understand that Mr. Smith's 
State of Nebraska has done the same.
  Mr. Speaker, all that remains is for the Federal Government to meet 
its obligation under the settlement agreement. The feasibility study is 
desperately needed to increase water availability and encourage more 
efficient water use and delivery systems.
  The Lower Republican Basin has a history of periodic droughts and 
water shortages. The upper third of the Kansas Bostwick Irrigation 
District, which lies above Lovewell Reservoir, received limited water 
allocations in 2003 and no water allocations in 2004 and 2005.
  Producers in the lower two-thirds of the Kansas Bostwick Irrigation 
District have also experienced water shortages since 2003. Irrigators 
in this portion of the District have only received half of the base 
supply they were supposed to receive. The project facilities in the 
Lower Republican River Basin are over 50 years old. Changed 
hydrological conditions and aging facilities require better utilization 
of limited water supplies.
  Mr. Speaker, the feasibility study authorized by H.R. 1025 is not 
only necessary to ensure the states remain in compliance with an 
interstate compact, but also to ensure the economic viability of the 
rural communities that rely on delivery of a consistent supply of 
water, and I urge Members to approve this legislation.
  Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
  Mrs. NAPOLITANO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Napolitano) that the House suspend 
the rules and pass the bill, H.R. 1025.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. NAPOLITANO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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