[Congressional Record Volume 164, Number 93 (Wednesday, June 6, 2018)]
[Senate]
[Pages S3036-S3037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Ms. Harris):
  S. 3001. A bill to authorize the Secretary of the Interior to convey 
certain land and facilities of the Central Valley Project; to the 
Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, today I am pleased to introduce the 
Contra Costa Transfer Act, a bill that will assure the health and 
safety of the residents of Contra Costa County while also providing for 
the efficient delivery of water from the Bay Delta to the customers of 
the Contra Costa Water District (CCWD). Senator Harris is joining me in 
cosponsoring the bill, and I understand that Representatives Mark 
DeSaulnier, Jerry McNerney and Mike Thompson will be introducing a 
House companion measure this week as well.
  The CCWD is an urban water agency serving approximately 500,000 
people in the eastern part of the San Francisco Bay Area region in 
Northern California. CCWD operates and maintains the Contra Costa Canal 
System, a unit of the Central Valley Project (CVP),

[[Page S3037]]

which is owned by the United States and managed by the Bureau of 
Reclamation in the Department of the Interior.
  The Contra Costa Canal System involves 48 miles of earthen canals 
with about 30 miles of laterals which deliver water to cities from the 
canal. Although the canal has been maintained, it poses a safety and 
flood risk. Notwithstanding significant security fencing, 81 people 
have tragically been drowned since the canal was placed into service 
and hundreds of others have been rescued.
  The bill I am introducing today would transfer title to the canal 
system to CCWD so it can begin the process of replacing this old, 
earthen canal with a secure buried pipeline. The conversion of the 
canal to a pipeline will cost CCWD approximately $650 million.
  CCWD has already repaid Reclamation for costs of constructing the 
project. After title transfer of the canal is completed, CCWD would 
remain a CVP M&I customer as set forth in the Long-term Renewal 
Contract between the United States and CCWD providing for Project Water 
Service and for Facilities Repayment (Contract No. I75r-3401 A-LTR1 May 
10, 2005) (CVP Contract). This title transfer bill was anticipated in 
Article 28.3 of the CVP Contract which allows for transfer of title to 
the Contra Costa Canal System upon repayment of all outstanding 
capitalized costs of the facilities and upon authorization of Congress.
  Before title transfer occurs, there will be further environmental 
review, including compliance with the National Environmental Policy Act 
(NEPA), Endangered Species Act (ESA) and National Historical 
Preservation Act (NHPA).
  Title Transfer will result in lower costs and reduced administrative 
burden, provide greater flexibility in management of the asset, and 
will eliminate flood and other safety concerns. When the canal was 
originally built, there was no one around it. Now there are many homes 
and neighborhood along both sides of the structure. If the canal were 
to fail as has occurred with other earthen canals, homes would be 
flooded, and millions of dollars of property would be destroyed.
  Title transfer would transfer this health and safety liability for 
the canal to CCWD. Reclamation also benefits through lower costs and 
reduced administrative burden. Currently, work on the Canal System 
requires varying levels of coordination and documentation with 
Reclamation for planning, design, project implementation, maintenance, 
and operation.
  CCWD has been responsible for O&M of the Canal System for almost 50 
years and its staff is intimately familiar with the system. CCWD 
ownership of the Canal System would eliminate much of this duplicative 
consultation. CCWD now finds it is doing much of the same work 
Reclamation conducts in its oversight and review responsibilities. 
Third parties including local cities, Contra Costa County, local and 
regional agencies, including recreation partners, and utilities working 
within the Canal System rights-of-way all of whom would also benefit 
from removing the additional layer of federal review and approval 
bureaucracy that increases costs and causes schedule delays. I 
understand that the other local partners have all expressed support for 
this legislation.

  Title Transfer to CCWD would also relieve the United States of any 
risk of canal failure due to erosion or earthquake.
  Ultimately, CCWD is seeking authorization to transfer title to all 
Project Works associated with the Contra Costa Canal Unit. Construction 
of the Rock Slough Fish Screen was completed by the Bureau of 
Reclamation in 2011, and the bill I am introducing today would direct 
the transfer of title of Rock Slough Fish Screen following a mutual 
agreement on the transfer between CCWD and Reclamation.
  Contra Costa Water District (CCWD) operates three screened intakes in 
the Sacramento/San Joaquin Delta--Rock Slough, Old River and Middle 
River. CCWD owns the latter two; the US Bureau of Reclamation owns Rock 
Slough. Operations at all three intakes are covered by the biological 
opinions on the long-term operation of the Central Valley Project and 
the State Water Project (USFWS 2008 and NMFS 2009) as well as separate 
opinions obtained for the original Los Vaqueros Project and the Middle 
River Intake under Section 7 of the Endangered Species Act.
  The Central Valley Project Improvement Act (1992) and the Los 
Vaqueros Project Biological Opinions (BOs) required the Rock Slough 
intake to be screened. BOs from USFWS and NMFS were obtained for 
construction and operation of the fish screen. A transfer of ownership 
of the Rock Slough intake and fish screen will not affect the 
applicability of the various biological opinions that apply to the 
facility.
  The primary stakeholders involve recreation and include the East Bay 
Regional Park District (EBRPD), City of Antioch, and City of Walnut 
Creek. EBRPD operates recreation facilities along the Contra Costa 
Canal (trails) and at the Contra Loma Reservoir.
  CCWD and EBRPD executed a Memorandum of Understanding (MOU) in 
December 2017 that commits both agencies to work together to obtain 
authorization from Congress for title transfer of the Project Works to 
CCWD.
  The City of Antioch and Walnut Creek operate a Sports Complex and 
trails, respectively, under management agreements with Reclamation. The 
management agreements would be amended and assigned to CCWD, and CCWD 
will provide for the continuation of recreation at these facilities by 
the cities.
  The City of Concord and the EBRPD have expressed interest in the 
Clayton Canal. The Clayton Canal traverses the former Concord Naval 
Weapons Station which is being developed to support civilian uses by 
the City of Concord. EBRPD is also developing a regional park and 
conservation area within the former Naval Station property. The Clayton 
Canal is no longer used by CCWD and title transfer would support the 
efficient disposal of the facility.
  In summary, Mr. President, I believe title transfer is a sensible 
measure that will reduce flood and public safety risk by facilitating 
the conversion of the current earthen canal to a closed pipeline. Title 
transfer will also improve administrative efficiencies on the operation 
of the canal, and reduce the administrative burden on the federal 
government.
  I ask my colleagues to join me in supporting this bill. Thank you, 
Mr. President, and I yield the floor.

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