[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[House]
[Pages 28099-28100]
[From the U.S. Government Publishing Office, www.gpo.gov]




     SANTA MARGARITA RIVER, CALIFORNIA, CONSTRUCTION AUTHORIZATION

  Mrs. DRAKE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 125) 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. 125

       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 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 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.
       (4) The Secretary 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, 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 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.
       (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.

[[Page 28100]]



     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. 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. 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 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 gentlewoman from 
Virginia (Mrs. Drake) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Virginia.


                             General Leave

  Mrs. DRAKE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative 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 Virginia?
  There was no objection.
  Mrs. DRAKE. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 125, introduced by the gentleman from California (Mr. Issa), 
authorizes the construction of a ground water 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 Camp Pendleton Marine Corps 
base for its military training needs.
  This project would augment the local water district's water supply, 
would relieve future additional demands for costly and 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 and dependable water supplies 
for future generations.
  This bill is good for water consumers and good for our marines. I 
urge my colleagues to support this important bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume. H.R. 125 would authorize the Secretary of the Interior to 
participate in the design, planning, and construction of the Santa 
Margarita Conjunctive Use Water Project in San Diego County in 
California. The project would provide water for irrigation, municipal, 
domestic, military, and other uses.
  Mr. Speaker, we have reviewed the legislation and have no objection. 
A similar bill passed in the House of Representatives in the 108th 
Congress.
  Mr. ISSA. Mr. Speaker, I would like to thank House Resources 
committee Chairman Pombo and Ranking Member Rahall for allowing this 
bill to come to the floor today. I would also like to thank the 
Resources committee staff for all of their hard work on this bill.
  The Santa Margarita Conjunctive Use Project, authorized by this bill 
will provide safe, reliable, drought-and earthquake-proof water supply 
for more than 35,000 families. It will provide for enhanced recharge 
and recovery from the underground basin on Camp Pendleton to provide a 
constant water supply for both Camp Pendleton and the Fallbrook Public 
Utility District.
  While this bill passed the House in the second session of the 108th 
Congress it ended up running out of time in the other body. I am 
hopeful that this time around we will see quick movement of this 
legislation.
  Mrs. CHRISTENSEN. Mr. Speaker, I have no further speakers, and I 
yield back the balance of my time.
  Mrs. DRAKE. 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 Virginia (Mrs. Drake) that the House suspend the rules 
and pass the bill, H.R. 125, 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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