[Senate Report 106-433]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 855
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-433

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

                                _______
                                

  September 28 (legislative day, September 22), 2000.--Ordered to be 
                                printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1235]

    The Committee on Energy and Natural Resources, to which was 
referred the act (H.R. 1235) 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, 
having considered the same, reports favorably thereon without 
amendment and recommends that the act do pass.

                         purpose of the measure

    H.R. 1235 authorizes the Secretary of the Interior to enter 
into contracts, pursuant to the Warren Act, with the Solano 
County Water Agency, or any of its member unit contractors for 
water from the Solano Project for impounding, storage, and 
carriage of nonproject water for domestic, municipal, 
industrial, and other beneficial purposes, using Solano Project 
facilities. The Secretary may also enter into contracts for the 
exchange of water among Solano Project contractors for the same 
purposes, using Solano Project facilities. The authorization is 
limited to facilities downstream of Mile 26 of the Putah South 
Canal.

                          background and need

    The city of Vallejo, California has requested congressional 
approval of its proposal to use excess capacity in a Bureau of 
Reclamation project canal, the Putah South Canal. The city 
wants to move part of its untreated municipal water supply to a 
new water treatment plant and needs legislation because of a 
limitation in federal law that currently prohibits the city 
from sharing space in an existing Federal water delivery canal.
    The Putah South Canal, which serves the Federal Solano 
Project, was constructed between 1956 and 1959. It is 
approximately 32 miles in length and has a capacity of 956 
cubic feet per second. In addition to providing irrigation 
water, the canal conveys municipal and industrial water for 
Vacaville, Fairfield, Suisun, and Vallejo, as well as 
neighboring military installations. Enactment of this 
legislation will permit the city of Vallejo to negotiate and 
sign a Warren Act contract to wheel some of its water supply 
from the city's Lake Curry storage reservoir through a portion 
of the Putah South Canal. In doing so, the city will be able to 
keep its current water right permit active. Vallejo's proposal 
has been 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 Canal.

                          legislative history

    H.R. 1235 passed the House of Representatives by a voice 
vote on November 1, 1999. The Subcommittee on Water and Power 
held a hearing on H.R. 1235 on March 22, 2000. At its business 
meeting on September 20, 2000, the Committee on Energy and 
Natural Resources ordered H.R. 1235 favorably reported.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 29, 2000, by a unanimous voice 
with a quorum present, recommends that the Senate pass H.R. 
1235 as described herein.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

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 Salano 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.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1235. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1235, as ordered reported.

                        executive communications

    On August 8, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 1235. These 
reports had not been received at the time the report on H.R. 
1235 was filed. When the reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the 
Commissioner of the Bureau of Reclamation at the Subcommittee 
hearing follows:

 Statement of Eluid L. Martinez, Commissioner, Bureau of Reclamation, 
                       Department of the Interior

    H.R. 1235 authorizes the Secretary of the Interior to 
contract with the Solano County Water Agency or any of its 
member unit contractors to use the Bureau of Reclamation's 
Solano Project facilities for impounding, storing and carrying 
nonproject water. Section 1(b) includes a provision limiting 
where on the Solano Project the water may be used.
    This legislation would enable the city of Vallejo, 
California to use the Solano Project to transport, store and 
carry nonproject water. The Department supports this 
legislation provided that the City will appropriately reimburse 
the Bureau for the full cost of using Reclamation facilities as 
required by the Warren Act. It also requests that report 
language be added to make clear that the bill does not intend 
to facilitate development of any permanent storage right in 
Federal facilities.
    The Department believes that broadening the Warren Act to 
allow transport of non-project water for purposes other than 
irrigation may be generally desirable for all Reclamation 
projects, as it would provide additional flexibility to meet 
water supply needs.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 1235, as 
ordered reported.

                                  
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