[Senate Report 106-434]
[From the U.S. Government Publishing Office]
Calendar No. 856
106th Congress Report
SENATE
2d Session 106-434
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USE OF WEBER BASIN PROJECT FACILITIES FOR NONPROJECT WATER
_______
September 28 (legislative day, September 22), 2000.--Ordered to be
printed
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Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 3236]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 3236) to authorize the Secretary of the
Interior to enter into contracts with the Weber Basin Project
facilities for the 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
The purpose of H.R. 3236 is to authorize the Secretary of
the Interior to enter into contracts with the Weber Basin Water
Conservancy District, Utah, to use Weber Basin Project
facilities for the impounding, storage, and carriage of
nonproject water for domestic, municipal, industrial, and other
beneficial purposes.
background and need
The Smith and Morehouse Dam and Reservoir, located near the
headwaters of the Weber River in Summit County, Utah, was
constructed by the Weber Basin Water Conservancy District
(Weber Basin) in the early 1980's, using local funding, to
create a supply of non-Federal project water. In 1985, an
agreement was reached between Park City and Weber Basin for the
purchase of between 1,000 and 5,000 acre feet of water made
available by the enlargement of Smith and Morehouse Reservoir.
Ten years later, in 1995, talks between Weber Basin and Summit
County about securing additional Smith and Morehouse water for
use in Summit County culminated in a Memorandum of
Understanding Agreement on November 27, 1996 which discussed
the possibility of a future project, to be constructed by Weber
Basin, to deliver water to Park City, the Synderville Basin,
and other areas of Summit County. Delivery of this water
through the Weber Basin project facilities requires
congressional approval. Typically, Bureau of Reclamation
facilities may not be used to convey non-project water.
H.R. 3236 would authorize the Secretary of the Interior to
contract with the Weber Basin Water Conservancy District to use
the Bureau's Weber Basin Project facilities for impounding,
storing and carrying non-project water intended for domestic,
municipal, industrial and other uses, or for the exchange of
water for these purposes among Weber Basin Project contractors.
legislative history
H.R. 3236 passed the House of Representatives by a voice
vote on July 25, 2000. Companion legislation, S. 2396 was
introduced by Senators Bennett and Hatch on April 11, 2000. The
Subcommittee on Water and Power held a hearing on S. 2396 on
May 24, 2000. At the business meeting on September 20, 2000 the
Committee on Energy and Natural Resources ordered H.R. 3236
favorably reported.
committee recommendation and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000, by a unanimous voice
vote with a quorum present, recommends that the Senate pass
H.R. 3236 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. 3236--A bill to authorize the Secretary of the Interior to enter
into contracts with the Weber Basin Water Conservancy District,
Utah, to use Weber Basin Project facilities for the impounding,
storage, and carriage of nonproject water for domestic,
municipal, industrial, and other beneficial purposes
H.R. 3236 would allow the Secretary of the Interior to
enter into contracts with the Weber Basin Water Conservancy
District for impounding, storing, or carrying nonproject water
using the facilities of the federally operated Weber Basin
Project in Utah. The bill also would allow the Secretary to
enter into contracts for using facilities at the Weber Basin
Project to exchange water among project contractors. Under
current law, the federal government may not use its facilities
to move nonproject water for nonproject purposes.
H.R. 3236 would not require the Weber Basin Water
Conservancy District to reimburse the federal government for
the full cost of handling nonproject water. Based on
information from the Bureau of Reclamation, however, CBO
expects that the Secretary of the Interior would only use the
new authority to enter into contracts with the district that
would fully reimburse the government. Under H.R. 3236, the
federal government would receive reimbursement from the
district, and would incur the costs of handling the nonproject
water. CBO estimates that the costs of handling the nonproject
water would be less than $500,000 each year. Because H.R. 3236
would affect direct spending, pay-as-you-go procedures would
apply.
H.R. 3236 contains no private-sector or intergovernmental
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enacting this legislation would benefit the Weber Basin Water
Conservancy District, Summit County, and Park City, Utah, by
facilitating water delivery agreements between these
governments. The district might incur some costs under the
contracts authorized by this bill, but these costs would be
voluntary.
The CBO staff contacts for this estimate are Rachel
Applebaum (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. 3236. 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. 3236, as ordered reported.
executive communications
On May 10, 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. 3236. These
reports had not been received at the time the report on H.R.
3236 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
I am Eluid Martinez, Commissioner of the U.S. Bureau of
Reclamation (Reclamation). I appreciate this opportunity to
present the views of the Department of the Interior
(Department) on S. 2396, Warren Act authorization for the Weber
Basin Project in Utah.
S. 2396 authorizes the Secretary of the Interior, under the
Warren Act (Act of February 21, 1911; 36 Stat. 925), to
contract with the Weber Basin Water Conservancy District
(District) or any of its member unit contractors to use
Reclamation's Weber Basin Project facilities for impounding,
storing and carrying non-project water intended for domestic,
municipal, industrial, and other uses, or for the exchange of
water for these purposes among Weber Basin Project contractors.
In recent years, Park City, Utah and the Snyderville Basin
area of Summit County, Utah, have experienced tremendous
population growth, and with it, a tremendous increase in the
demand for water. Too meet this demand, the Weber Basin Water
Conservancy District in 1996 pledge to deliver water to Park
City and the Snyderville Basin area of Summit County.
S. 2396 would enable the District or a member unit
contractor to use the Weber Basin Project facilities to
transport, store, and carry non-project water for non-
irrigation purposes to Park City and the Snyderville Basin area
of Summit County. It is the Department's understanding that
impoundment and storage would be limited to activities
necessary to facilitate transport, as opposed to supporting
development of a long-term or permanent right to use storage,
which the Department could not endorse.
S. 2396 is an amended version of S. 1852, a bill which is
identical to H.R. 3236 as introduced. At its markup on March 9,
2000, the House Resources Subcommittee on Water and Power
approved a technical amendment to H.R. 3236 which the
Administration supported. The technical amendment to H.R. 3236
clarifies that the purpose of the bill is to authorize the use
of Reclamation facilities only, not water from the Weber Basin
Project. The amendment to S. 1852 represented in S. 2396 is the
same as that adopted for H.R. 3236. The Administration supports
S. 2396 if amended to reflect one concern. In keeping with
Administration policy, the bill should be amended to make clear
that the District or a member unit contractor shall reimburse
Reclamation for the full cost of using Reclamation facilities,
in accordance with current policies and procedures applicable
to Warren Act contracts.
The Department believes that broadening the Warren Act to
allow transport of non-project water for purposes other than
irrigation is generally desirable for all Reclamation projects,
as it would provide additional flexibility to meet water supply
needs.
This concludes my prepared statement. I would be glad to
answer any questions.
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. 3236, as
ordered reported.