Congressional Record, Volume 154 Issue 23 (Tuesday, February 12, 2008)

[Congressional Record Volume 154, Number 23 (Tuesday, February 12, 2008)]
[House]
[Pages H829-H831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SANTA MARGARITA RIVER, CALIFORNIA, CONSTRUCTION AUTHORIZATION

Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 29) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 29

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 Act, 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, watershed management, and maintenance of which is
authorized under section 2.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, unless otherwise stated.

SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA
RIVER 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 the Project substantially in accordance with the
final feasibility report and this Act.
(b) Conditions.--The Secretary may construct the Project
only after the Secretary determines that the following
conditions have occurred:
(1) The District and the Navy have entered into contracts
under sections 9(c)2 and 9(e) of the Reclamation Project Act
of 1939 to repay to the United States equitable and
appropriate portions, as determined by the Secretary, of the
actual costs of constructing, operating, and maintaining the
Project.
(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 permittees 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
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 and may be varied by agreement between the District
and the Secretary of the Navy.
(4) The Secretary has determined that the Project has
economic, environmental, and engineering feasibility.

SEC. 3. COSTS.

Upon completion of the construction of the Project, the
Department of the Navy shall be

[[Page H830]]

responsible to repay to the Secretary only that portion of
the construction, operation and maintenance costs of the
Project that the Secretary and the Secretary of the Navy
determine reflects the extent to which the Department of the
Navy benefits from the Project. Provided that the Secretary
is hereby authorized to enter into a contract with the
Secretary of the Navy for the impounding, storage, treatment,
and carriage of prior rights water for domestic, municipal,
fish and wildlife, industrial and other beneficial purposes
using Project facilities.

SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.

(a) Operation.--The operation of the Project, subject to a
memorandum of agreement between the Secretary, the Navy, and
the District and under regulations satisfactory to the
Secretary of the Navy with respect to the Navy's share of the
project, may be by the Secretary, the District, or a third
party consistent with section 6.
(b) Yield Allotment.--Except as otherwise agreed between
the parties, the Department of the Navy and the District
shall participate in the Project yield 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 Excess Water.--
(1) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed upon
to administer the Project that the Department of the Navy
does not have immediate need for any portion of the 60
percent of the Project's yield allotted to the Secretary of
the Navy under subsection (b), the official may enter into
temporary contracts for the sale and delivery of the excess
water.
(2) First right for excess water.--The first right to
excess water to be made available under paragraph (1) shall
be given the District, if otherwise consistent with the laws
of the State of California.
(3) Condition of contracts.--Each contract entered into
under paragraph (1) for the sale and delivery of excess water
shall include a condition that the Secretary of the Navy has
the right to demand that water, without charge and without
obligation on the part of the United States, after 30 days
notice.
(4) Modification of rights and obligations.--The rights and
obligations of the United States and the District regarding
the ratio, amounts, definition of Project yield, and payment
for excess water may be modified by an agreement between the
parties.
(d) Consideration.--
(1) Deposit of funds.--Moneys paid to the United States
under a contract entered into under subsection (c) shall be
deposited in the special account established for the
Department of the Navy under paragraph (1) of section 2667(d)
of title 10, United States Code, and shall be available for
the purposes specified in subparagraph (C) of such paragraph.
Subparagraph (D) of such paragraph shall not apply to moneys
deposited in the special account pursuant to this subsection.
(2) In-kind consideration.--In lieu of monetary
consideration under paragraph (1), or in addition to such
consideration, the Secretary of the Navy may accept in-kind
consideration in a form and quantity that is acceptable to
the Secretary of the Navy, including the following forms of
in-kind consideration:
(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the Department of
the Navy.
(B) Construction of new facilities for the Department of
the Navy.
(C) Provision of facilities for use by the Department of
the Navy.
(D) Facilities operation support for the Department of the
Navy.
(E) Provision of such other services as the Secretary of
the Navy considers appropriate.
(3) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities whose construction is accepted as in-kind
consideration under this subsection.
(4) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under subsection (c) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of the following:
(A) The end of the 30-day period beginning on the date on
which a report describing the contract and the form and
quantity of the in-kind consideration is submitted by the
Secretary of the Navy to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives.
(B) The end of the 14-day period beginning on the date on
which a copy of the report referred to in subparagraph (A) is
provided in an electronic medium pursuant to section 480 of
title 10, United States Code.

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 sections 9(c)2 and 9(e) of the Reclamation
Project Act of 1939 to repay to the United States equitable
and appropriate portions, as determined by the Secretary, of
the actual costs of constructing, operating, and maintaining
the Project; 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. There shall be no repayment
obligation under this section for water delivered to the
District under a contract as provided in section 4(c).
(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 the 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. Provided
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 require the division under this Act of water to
which the United States has such rights; or
(4) to constitute a recognition of, or an admission by the
United States 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.

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 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.

SEC. 11. SUNSET.

The authority of the Secretary to complete construction of
the Project shall terminate 10 years after the date of
enactment of this Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Grijalva) and the gentleman from Utah (Mr. Bishop) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona.

General Leave

Mr. GRIJALVA. 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
gentleman from Arizona?
There was no objection.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.

[[Page H831]]

H.R. 29 was introduced by our colleague, Representative Darrell Issa,
and would 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 in California
and for other purposes. Similar legislation introduced by Congressman
Issa passed the House in the two previous Congresses.
Mr. Speaker, we have no objection to this noncontroversial bill, and
I ask my colleagues to support H.R. 29.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 29 was introduced by our colleague, Darrell Issa, and authorizes
the construction of the groundwater recharge and pumping project in the
lower Santa Margarita River basin in Southern California.
If constructed, the project would provide much-needed water to the
local water utility district as well as to Camp Pendleton, the Marine
Corps base, for its military training needs. This project would augment
the local water district supply, would relieve future additional
demands for constantly limited imported water supplies, and would set
aside and preserve valuable environmental habitat.
This project is an excellent example of local and Federal agencies
working together to secure safe, dependable water supplies for future
generations. This bill is good for water consumers, and it is good for
our soldiers. I urge my colleagues to support this important bill,
which has been considered by the House twice already. Perhaps the third
time will be the charm.
I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I submit for the Record an exchange of
letters on this particular piece of legislation.

Committee on Armed Services,

House of Representatives,

Washington, DC, January 4, 2008.
Hon. Nick J. Rahall II,
Chairman, Committee on Natural Resources, Longworth House
Office Building, Washington, DC.
Dear Nick: On October 10, 2007, the Committee on Natural
Resources ordered H.R. 29 to be reported. As you know, this
measure contains certain provisions that are within the
jurisdiction of the Committee on Armed Services, and thus,
was sequentially referred to the Committee on Armed Services
by the Parliamentarian for the House.
Our Committee recognizes the importance of H.R. 29 and the
need for the legislation to move expeditiously. Therefore,
while we have a valid claim to jurisdiction over this
legislation, the Committee on Armed Services will waive
further consideration of H.R. 29. I do so with the
understanding that by waiving further consideration of the
bill, the Committee does not waive any future jurisdictional
claims over similar measures. In the event of a conference
with the Senate on this bill, the Committee on Armed Services
reserves the right to seek the appointment of conferees.
I would appreciate the inclusion of this letter and a copy
of the response in your Committee's report on H.R. 29 and the
Congressional Record during consideration of the measure on
the House floor.
Very truly yours,
Ike Skelton,
Chairman.
____

House of Representatives,

Committee on Natural Resources,

Washington, DC, January 22, 2008.
Hon. Ike Skelton,
Chairman Committee on Armed Services,
Rayburn H.O.B., Washington, DC.
Dear Ike: Thank you for your willingness to expedite floor
consideration of H.R. 29, which authorizes the construction
of facilities to provide water for irrigation, municipal,
domestic, military, and other uses from the Santa Margarita
River in California.
I appreciate your willingness to waive rights to further
consideration of H.R. 29, even though your Committee has a
jurisdictional interest in the matter and has received an
additional referral. Of course, this waiver does not
prejudice any further jurisdictional claims by your Committee
over this legislation or similar language. Furthermore, I
agree to support your request for appointment of conferees
from the Committee on Armed Services if a conference is held
on this matter.
Although the Committee's report on H.R. 29 has already been
filed, this exchange of letters will be inserted in the
Congressional Record as part of the consideration of the bill
on the House floor. Thank you for the cooperative spirit in
which you have worked regarding this matter and others
between our respective committees.
With warm regards, I am
Sincerely,

Nick J. Rahall II,

Chairman,
Committee on Natural Resources.

I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I have no further speakers, and I
yield back the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules
and pass the bill, H.R. 29.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________