[House Report 106-426]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-426

======================================================================



 
USE OF SOLANO PROJECT FACILITIES FOR IMPOUNDING, STORAGE, AND CARRIAGE 
                          OF NONPROJECT WATER

                                _______
                                

November 1, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1235]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom ws referred the bill 
(H.R. 1235) to authorize the Secretary of the Interior to enter 
into contracts with the Soloano County Water Agency, 
California, to use Solano Project facilities for impounding, 
storage, and carriage of nonproject water for domestic, 
municipal, industrial, and other beneficial purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          purpose of the bill

    The purpose of H.R. 1235 is to authorize the Secretary of 
the Interior to enter into contracts with the Solano County 
Water Agency, California, to use Solano Project facilities for 
impounding, storage, and carriage of nonproject water for 
domestic, municipal, industrial, and other beneficial purposes.

                  background and need for legislation

    The City of Vallejo has tried to use its water supply 
facilities more efficiently, but has been limited by a 
provision in federal law that prohibits the City from sharing 
space in an existing federal water delivery canal. The City of 
Vallejo wants to ``wheel'' some of its drinking water through 
part of the canal serving California's Solano Project, a water 
project built by the Bureau of Reclamation in the 1950s. The 
City of Vallejo is prepared to pay any appropriate charges for 
the use of these facilities. In addition, any Warren Act 
contract affecting the Solano Project would be conducted in 
full compliance with all applicable environmental requirements.

                            committee action

    H.R. 1235 was introduced on March 23, 1999, by Congressman 
George Miller (D-CA). H.R. 1235 was referred to the Committee 
on Resources and within the Committee to the Subcommittee on 
Water and Power. A legislative hearing was held on the bill on 
October 7, 1999, by the Subcommittee on Water and Power. On 
October 27, 1999, the Full Resources Committee met to consider 
the bill. The Subcommittee was discharged from further 
consideration of the measure by unanimous consent. No 
amendments were offered and the bill was ordered favorably 
reported to the House of Representatives by voice vote.

                      section-by-section analysis

Section 1. Use of Solano Project Facilities for nonproject water

    This section authorizes the Secretary of the Interior to 
enter into contracts, pursuant to the Act of February 21, 1911 
(known as the Warren Act), for the impounding, storage, and 
carriage of non-project water for domestic, municipal, 
industrial and other beneficial purposes, as well as the 
exchange of water among Solano Project contractors, using any 
facilities associated with the Solano Project, California.

            committee oversight findings and recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   constitutional authority statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    compliance with house rule xiii

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of this 
bill could result in an increase in offsetting receipts (a 
credit against direct spending) of less than $50,000 a year.
    3. Government Reform Oversight Findings.--Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 29, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1235, a bill to 
authorize the Secretary of the Interior to enter into contracts 
with the Solano County Water Agency, California, to use Solano 
Project facilities for impounding, storage, and carriage of 
nonproject water for domestic, municipal, industrial, and other 
beneficial purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll (for federal costs), and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1235.--A bill to authorize the Secretary of the Interior to enter 
        into contracts with the Solano County Water Agency, California, 
        to use Solano Project facilities for impounding, storage, and 
        carriage of nonproject water for domestic, municipal, 
        industrial, and other beneficial purposes

    CBO estimates that implementing H.R. 1235 would not have a 
significant impact on the federal budget. According to the 
Bureau of Reclamation, the authority that would be granted by 
H.R. 1235 would be used for transporting water to the city of 
Vallejo from an existing storage facility. CBO estimates that 
this action would increase the cost of operating and 
maintaining the project by less than $50,000 a year beginning 
in fiscal year 2001. These amounts would be subject to 
appropriation and would be reimbursed by the municipality in 
the year the costs are incurred. Payments from the city would 
be deposited in the Treasury as offsetting receipts (a credit 
against direct spending). CBO estimates that these receipts 
would be less than $50,000 a year. Because the bill would 
affect direct spending, pay-as-you-go procedures would apply. 
H.R. 1235 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts are Megan Carroll (for federal 
costs), and Marjorie Miller (for the state and local impact). 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEWS

    The City of Vallejo has requested Congressional approval of 
its proposal to use excess capacity in a Bureau of Reclamation 
project canal to move part of its raw municipal water supply to 
a new water treatment plant. Legislation must be enacted 
because a limitation in Federal law currently prohibits the 
city from sharing space in an existing Federal water delivery 
canal.
    Once this legislation is enacted, the City of Vallejo will 
be able to negotiate and sign a so-called ``Warran Act'' 
contract to ``wheel'' some of its water supply from its Lake 
Curry storage reservoir through a specific and limited part of 
the Putah South Canal. In so doing, the City will be able to 
keep its current water right permit active.
    The Putah South Canal serves the Solano Project, 
constructed by the Bureau of Reclamation in the 1950s. 
Vallejo's proposal has been carefully negotiated with the 
Solano Water Authority and other Solano Project water users, 
including the City of Fairfield. Vallejo is prepared to pay all 
appropriate charges for the use of the facility. There will be 
no cost to the United States.
    In California, we are becoming much more reliant on using 
various facilities--some of them federal, some state, some 
private--to facilitate the movement and transfer of water more 
efficiently around the state. We have both state and federal 
initiatives to encourage more efficient water use. We also have 
the various CALFED programs, focusing on improved water 
management to meet our state's complex needs. This bill is part 
of that ongoing effort to bring some flexibility into our water 
management policies while continuing to meet important 
statutory, fiscal and environmental requirements.
    Execution of a Warren Act contract to benefit the City of 
Vallejo will require full compliance with Federal and State 
environmental laws and regulations. We want to assure that no 
damage is done to the steelhead fishery that is returning to 
Suisun Creek, or to other resources. The record of the 
Committee's consideration of H.R. 1235 includes correspondence 
from the Bureau of Reclamation, clearly indicating that all 
environmental compliance requirements must be met before 
execution of a Warren Act Contract to benefit the City of 
Vallejo. These include the requirements of the National 
Environmental Policy Act of 1969, the California Environmental 
Quality Act, the Endangered Species Act, State Fish and Game 
Department regulations, and all other environmental mandates.
                                                     George Miller.

                                  
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