[Congressional Record Volume 153, Number 86 (Thursday, May 24, 2007)]
[Senate]
[Pages S6850-S6852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 1473. A bill to authorize the Secretary of the Interior, acting 
through the Bureau of Reclamation, to enter into a cooperative 
agreement with the Madera Irrigation District for purposes of 
supporting the Madera Water Supply Enhancement Project; to the 
Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, today I am introducing the Madera 
Water Supply Enhancement Act. This legislation authorizes the Bureau of 
Reclamation, Bureau, to participate in the design and construction of 
the Madera Water Supply Enhancement Project, project, that is essential 
to

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improving the water supply in the Madera Irrigation District, MID, in 
Madera County, CA, and in California's Central Valley.
  Representative George Radanovich has introduced companion legislation 
to this bill in the House, and I look forward to working with him to 
get this bill enacted.
  Agriculture is a multibillion enterprise in California, which 
produces a significant portion of the Nation's food supply. To secure 
this food supply, water is essential. When constructed, the project 
will have the capacity to store up to 250,000 acre-feet of water and 
move up to 55,000 acre feet in or out of storage each year.
  With increasing demands on limited water supply, the project will 
enable water users to store excess wet year water supply and this 
stored water can then be used during dry years to meet demand. To 
ensure the viability of the groundwater table and address overdraft 
problems, 10 percent of the water placed in storage would be left in 
the ground to replenish the aquifer over time.
  This Project is also a useful complement to efforts to restore the 
San Joaquin River. Restoring water to the San Joaquin River may reduce 
the water supply available to agriculture in the San Joaquin Valley by 
up to 165,000 acre feet per year.
  It is very important to me to do what I can to help make up this 
water deficit. The Madera Water Bank is one project that can help, and 
I will be looking at it and other projects closely to prioritize 
limited Federal appropriations to address this important need.
  MID, the local agency that will build, own and manage the project has 
already made a major financial commitment to making the water bank a 
reality. MID has spent $37.5 million to purchase the nearly 14,000 acre 
Madera Ranch, which will be the site of the water bank, and millions 
more on studies. This land is ideal for storing water in the aquifer. 
Over 11,000 acres of the ranch also constitute valuable habitat for 
numerous species and contain large sections of the region's native 
grasslands that will be preserved.
  The Energy and Natural Resources Committee held a hearing on the 
predecessor legislation, H.R. 3897, which passed the House of 
Representatives in the 109th Congress. As a result of that hearing, two 
changes were made to the legislation.
  First, the total cost of the project is capped at $90 million. Under 
the legislation, the maximum Federal contribution will be $22.5 million 
or 25 percent of the total cost of the project, whichever is less. This 
change provides certainty and limits the Federal Government's financial 
exposure in supporting this project.
  The second change to last year's legislation is the decision to 
declare the project ``feasible'' without further study. The reason for 
this approach relates to the project's unusual history.
  The feasibility of constructing a water bank on the Madera Ranch 
property has been under consideration for over a decade. In 1996 the 
Bureau began studying this possibility, and in 1998 the Bureau 
finalized plans to fund a water bank on the property. After conducting 
extensive studies regarding the feasibility of building a water bank on 
the property, the Bureau was prepared to pay over $40 million for the 
property and $60-$70 million to construct the water bank. This total 
amount, in excess of $100 million, is significantly more than the cost 
of MID's water bank almost 10 years later. Although the Bureau 
eventually withdrew from the project because of local concerns 
regarding sizing, water quality, and nonlocal ownership issues, no one 
has ever disputed the suitability of the site for a water bank.
  After the Bureau's involvement ended, Azurix, an Enron subsidiary, 
attempted to build a water bank but was unable to complete the project 
because of many of the same concerns raised during the Bureau's 
efforts. However, many more studies were done during this phase for the 
reformulated project. MID has also conducted further studies. To date, 
over $8 million has been spent on studies related to the  Project, 
exclusive of the Bureau's own extensive studies of the project.

  The legislation identifies 18 specific studies done over the past 
decade on this project, many by the Bureau itself and others by private 
parties and MID, all with the Bureau's full knowledge and involvement. 
In many cases, the same engineering consulting firms used by the Bureau 
were retained to conduct these further studies. There is simply nothing 
left to study, and we should proceed immediately to the construction 
phase of this project.
  The Bureau has been a long-term supporter of California agriculture, 
and working in partnership with the State, local governments, water 
users and others has helped provide irrigation water for over 10 
million farmland acres.
  The MID water bank is consistent with the Bureau's historical mission 
of supporting such locally controlled and initiated water projects. 
Swift enactment of this legislation is necessary to bring over 10 years 
of study to a conclusion and make the water bank a reality for Madera 
County, the surrounding region, the Central Valley and the entire State 
of California.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text was ordered to be printed in the 
Record, as follows:

                                S. 1473

       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 ``Madera Water Supply 
     Enhancement Act''.

     SEC. 2. DEFINITIONS.

       For the purposes of this Act:
       (1) The term ``District'' means the Madera Irrigation 
     District, Madera, California.
       (2) The term ``Project'' means the Madera Water Supply 
     Enhancement Project, a groundwater bank on the 13,646 acre 
     Madera Ranch in Madera, California, owned, operated, 
     maintained, and managed by the District that will plan, 
     design, and construct recharge, recovery, and delivery 
     systems able to store up to 250,000 acre-feet of water and 
     recover up to 55,000 acre-feet of water per year.
       (3) The term ``Secretary'' means the Secretary of the 
     United States Department of the Interior.
       (4) The term ``total cost'' means all reasonable costs, 
     such as the planning, design, permitting, financing, and 
     construction of the Project and the fair market value of 
     lands used or acquired by the District for the Project. The 
     total cost of the Project shall not exceed $90,000,000.

     SEC. 3. NO FURTHER STUDIES OR REPORTS.

       (a) Findings.--Congress finds that the Bureau of 
     Reclamation and others have conducted numerous studies 
     regarding the Project, including, but not limited to the 
     following:
       (1) Bureau of Reclamation Technical Review Groups Final 
     Findings Memorandum, July 1997.
       (2) Bureau of Reclamation Madera Ranch Artificial Recharge 
     Demonstration Test Memorandum, December 1997.
       (3) Bureau of Reclamation Madera Ranch Groundwater Bank 
     Phase 1 Report, 1998.
       (4) Draft Memorandum Recommendations for Phase 2 
     Geohydrologic Work, April 1998.
       (5) Bureau of Reclamation Madera Ranch Water Banking 
     Proposal Economic Analysis--MP-340.
       (6) Hydrologic Feasibility Report, December 2003.
       (7) Engineering Feasibility Report, December 2003.
       (8) Feasibility Study of the Preferred Alternative, Water 
     Supply Enhancement Project, 2005.
       (9) Engineering Feasibility Report, June 2005.
       (10) Report on Geologic and Hydrologic Testing Program for 
     Madera Ranch.
       (11) Engine Driver Study, June 2005.
       (12) Wetlands Delineation, 2000, 2001, 2004, and 2005.
       (13) Madera Ranch Pilot Recharge: Interim Technical 
     Memorandum, May 2005.
       (14) Integrated Regional Water Management Plan, July 2005.
       (15) Certified California Environmental Quality Act (CEQA) 
     Environmental Impact Report (EIR), September 2005.
       (16) Baseline Groundwater Level Monitoring Report, January 
     2006.
       (17) Final Appraisal Study, Madera Irrigation District 
     Water Supply Enhancement Project, October 2006.
       (18) WDS Groundwater Monitoring Status Report to Madera 
     Ranch Oversight Committee, November 2006.
       (b) No Further Studies or Reports.--Pursuant to the 
     Reclamation Act of 1902 (32 Stat. 388) and Acts amendatory 
     thereof and supplemental thereto, the Project is feasible and 
     the Bureau of Reclamation shall not conduct any further 
     studies or reports related to determining the feasibility of 
     the Project.

     SEC. 4. COOPERATIVE AGREEMENT.

       All planning, design, and construction of the Project 
     authorized by this Act shall be undertaken in accordance with 
     a cooperative agreement between the Secretary and the 
     District for the Project. Such cooperative agreement shall 
     set forth in a manner acceptable to the Secretary and the 
     District the responsibilities of the District for 
     participating, which shall include--

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       (1) engineering and design;
       (2) construction; and
       (3) the administration of contracts pertaining to any of 
     the foregoing.

     SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND 
                   ENHANCEMENT PROJECT.

       (a) Authorization of Construction.--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 enter into a cooperative agreement through the Bureau with 
     the District for the support of the design, and construction 
     of the Project.
       (b) Cost Share.--The Federal share of the capital costs of 
     the Project shall not exceed 25 percent of the total cost as 
     defined in section 2(4). Capital, planning, design, 
     permitting, financing, construction, and land acquisition 
     costs incurred by the District prior to the date of the 
     enactment of this Act shall be considered a portion of the 
     non-Federal cost share.
       (c) In-Kind Services.--In-kind services performed by the 
     District shall be considered a part of the local cost share 
     to complete the Project authorized by subsection (a).
       (d) Credit for Non-Federal Work.--The District shall 
     receive credit toward the non-Federal share of the cost of 
     the Project for--
       (1) reasonable costs incurred by the District as a result 
     of participation in the planning, design, permitting, 
     financing, and construction of the Project; and
       (2) for the fair market value of lands used or acquired by 
     the District for the Project.
       (e) Limitation.--The Secretary shall not provide funds for 
     the operation or maintenance of the Project authorized by 
     this section. The operation, ownership, and maintenance of 
     the Project shall be the sole responsibility of the District.
       (f) Plans and Analyses Consistent With Federal Law.--Before 
     obligating funds for design or construction under this 
     section, the Secretary shall work cooperatively with the 
     District to use, to the extent possible, plans, designs, and 
     engineering and environmental analyses that have already been 
     prepared by the District for the Project. The Secretary shall 
     ensure that such information as is used is consistent with 
     applicable Federal laws and regulations.
       (g) Title; Responsibility; Liability.--Nothing in this 
     section or the assistance provided under this section shall 
     be construed to transfer title, responsibility or liability 
     related to the Project to the United States.
       (h) Authorization of Appropriation.--There is authorized to 
     be appropriated to the Secretary to carry out this Act 
     $22,500,000 or 25 percent of the total cost of the Project, 
     whichever is less.

     SEC. 6. SUNSET.

       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.
                                 ______