[Congressional Record (Bound Edition), Volume 154 (2008), Part 2]
[House]
[Pages 1953-1956]
[From the U.S. 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

[[Page 1954]]

     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 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

[[Page 1955]]

     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.
  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. ISSA. Mr. Speaker, I rise today to speak on behalf of my bill 
H.R. 29. the Santa Margarita Conjunctive Use Project. I would like to 
thank Chairmen Nick Rahall and Ike Skelton for quickly moving this bill 
through their respective committees. This is now the third Congress in 
which this bill has passed the house, and I hope the Senate will act 
just as quickly.
  The Santa Margarita Conjunctive Use Project is very important to U.S. 
Marine Corps Base Camp Pendleton and the city of Fallbrook. In 1966 the 
U.S. District Court for the Southern District of California entered a 
stipulated judgment in U.S. v. Fallbrook P.U.D. directing the 
Department of the Interior to provide a ``physical solution'' to the 
60/40 allocation of the Santa Margarita River. Since then, previous 
legislative efforts to authorize a project carrying out the Federal 
judge's mandate have not been successful despite past support of 
Members of the California Congressional delegation. Finally, through a 
long process of negotiation between the Marine Corps and the city, this 
conjunctive use project was agreed upon. This design was deemed to 
fully implement the court's directive at far less than half the cost of 
previous proposals with no environmental degradation.
  Furthermore, passage of this authorization for the conjunctive use 
project is essential to giving Camp Pendleton access to the San Diego 
Aqueduct. Since its completion, the aqueduct has provided ample access 
to Southern California's regional water supply system for nearly all of 
San Diego County, except for Camp Pendleton. A key benefit of H.R. 29 
will be the construction of a water system physically connecting Camp 
Pendleton to the San Diego Aqueduct, thereby making it possible to use 
imported water as needed, including emergency mobilization in time of 
conflict.
  The conference report for the Fiscal Year 2003 Omnibus Appropriations 
Act directed the Bureau of Reclamation, under the Santa Margarita River 
feasibility authorization, to ``. . . perform the studies needed to 
address current and future municipal, domestic, military, 
environmental, and other water uses from the Santa Margarita River.'' 
Funding for Reclamation's feasibility study of the Santa Margarita

[[Page 1956]]

Conjunctive Use Project has been provided in each subsequent fiscal 
year up to the present, and its work is more than 90 percent complete. 
When signed into law, this project will be funded by the Department of 
Navy and Department of the Interior. This project is essential to 
ensure that Camp Pendleton has a larger water supply to meet the 
current and future needs of the base.
  This project has been vetted by multiple committees over a number of 
years and found to be of the utmost importance to the Marines at Camp 
Pendleton, while also benefiting the city of Fallbrook. It will provide 
for enhanced recharge and recovery from the underground basin on Camp 
Pendleton to provide a constant water supply for the base, along with a 
safe, reliable, drought-and earthquake-proof water supply for more than 
35,000 families.
  Again, I thank my colleagues for working with me and my constituents 
to move H.R. 29 through the legislative process.
  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.

                          ____________________