[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

                                _______
                                

  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.

                                  
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