[Senate Report 106-437]
[From the U.S. Government Publishing Office]
Calendar No. 882
106th Congress Report
SENATE
2d Session 106-437
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DENVER WATER REUSE PROJECT
_______
September 29, 2000.--Ordered to be printed
Filed under authority of the order of the Senate of September 28
(legislative day, September 22), 2000
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1848]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1848) to amend the reclamation Wastewater
and Groundwater Study and Facilities Act to authorize the
Secretary of the Interior to participate in the design,
planning, and construction of the Denver Water Reuse project,
having considered the same, reports favorably thereon with an
amendment and an amendment to the title and recommends that the
bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. DENVER WATER REUSE PROJECT.
(a) Authorization.--The Secretary of the Interior, in cooperation
with the appropriate State and local authorities, may participate in
the design, planning, and construction of the Denver Water Reuse
Project (``Project'') to reclaim and reuse water in the service area of
the Denver Water Department of the city and county of Denver, Colorado.
(b) Cost Share.--The Federal share of the cost of the Project shall
not exceed 25 percent of the total cost.
(c) Limitation.--Funds provided by the Secretary shall not be used
for the operation or maintenance of the Project.
(d) Funding.--Funds appropriated pursuant to section 1615 of the
Reclamation Wastewater and Groundwater Study and Facilities Act may be
used for the Project.
SEC. 2. RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES
ACT.
Design, planning, and construction of the Project authorized by the
Act shall be in accordance with, and subject to the limitations
contained in, the Reclamation Wastewater and Groundwater Study and
Facilities Act (106 Stat. 4663-4669, 43 U.S.C. 390h et seq.), as
amended.
2. Amend the title so as to read: ``To authorize the
Secretary of the Interior, pursuant to the provisions of the
Reclamation Wastewater and Groundwater to participate in the
design, planning, and construction of the Denver Water Reuse
project.''
purpose of the measure
The purpose of S. 1848 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
design, planning, and construction of the Denver Water Reuse
Project.
background and need
Title XVI of the Reclamation Projects Authorization and
Adjustment Act of 1992 (P.L. 102-575, 106 Stat. 4006)
authorized a program of wastewater reclamation and reuse
feasibility and demonstration projects within the Reclamation
States. The Federal share of costs was limited to 50 percent.
In addition, several individual studies were directed as well
as 5 projects (San Jose, Phoenix, San Diego, Los Angeles, and
San Gabriel Basin) for which funding was limited to 25 percent.
The legislation was directed at reuse of existing supplies and
did not address desalination, although title XI did authorize a
program to research and demonstrate methods for control of
salinity at the Salton Sea in California with 50 percent
Federal cost-sharing. Partially in response to the number of
requests for participation in the program and the costs, P.L.
104-266 modified the program to limit Federal contributions to
25 percent of the total cost, with a maximum of $20 million,
and required a feasibility analysis prior to the expenditure of
any funds for construction. The new requirements were not made
applicable to the several very large projects, mainly in
California, authorized under title XVI. The 1996 Act also
included authorization for 18 additional water reclamation and
reuse projects in California, Utah, New Mexico, Nevada, and
Texas. Title XVI was again amended in October 1998 by P.L. 105-
321 to include authorization for the Willow Lake Natural
Treatment System Project in Oregon.
The use of reclaimed water in the arid West is significant,
especially in areas experiencing groundwater overdraft or
facing reduced freshwater supplies. While municipal uses are
the primary benefits of the program, there can be significant
indirect benefits for other consumptive uses, such as
agriculture, and non-consumptive uses, such as augmenting in-
stream flows or reducing depletions.
The Denver Nonpotable Reuse Project will treat secondary
wastewater for irrigation and industrial uses around the Denver
International Airport and Rocky Mountain Wildlife Refuge. The
project ultimately is designed to provide 15,000 acre feet,
freeing up potable supplies for 30,000 homes. The reuse will
also aid Denver in complying with the Blue River Decree, signed
by the Secretary of the Interior, under which Denver conveys
water from Colorado's western slope to its eastern slope
customers. The total project cost for all three phases is about
$100 million. Under the cost-share limitations of Public Law
104-566, the Federal funding contribution will be limited to
$20 million, notwithstanding the 25 percent limitation in the
legislation.
legislative history
S. 1848 was introduced by Senator Campbell on November 3,
1999. The Subcommittee on Water and Power held a hearing on
June 21, 2000. At the business meeting on September 20, 2000,
the Committee on Energy and Natural Resources ordered S. 1848,
as amended, 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 S.
1848, if amended as described herein.
committee amendment
During the consideration of S. 1848, the Committee adopted
an amendment in the nature of a substitute that rewrites the
legislation to make it a freestanding bill, rather than
amending title 16 of Public Law 102-575, which established the
Wastewater reclamation program. The title of the bill was also
amended to reflect that change.
cost and budgetary considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
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 S. 1848. 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 S. 1848, as ordered reported.
executive communications.
On June 16, 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 S. 1848. These
reports had not been received at the time the report on S. 1848
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
Thank you for the opportunity to appear today to provide
the Administration's views on S. 1848, concerning the Denver
Water Reuse Project. My name is Eluid Martinez. I am
Commissioner of the U.S. Bureau of Reclamation (Reclamation).
S. 1848 would amend the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.)
[Title XVI of P.L. 102-575 (1992)] to authorize the Secretary
of the Interior (Secretary) to participate in the design,
planning, and construction of the Denver Water Reuse Project in
the service area of the Denver Water Department in the city and
County of Denver, Colorado. S. 1848 limits the Federal share of
project costs to 25 percent of the total costs and restricts
the Secretary from providing funding for the operation and
maintenance of this project. While Reclamation strongly
encourages local water recycling efforts, we must oppose
authorizing this additional Federal recycling project for the
reasons descried below.
Mr. Chairman, in 1992, Congress adopted, and the President
signed, the Reclamation Projects Authorization and Adjustment
Act (Public Law 192-575). Title XVI of this Act, the Wastewater
and Groundwater Study and Facilities Act, authorized the
construction of five water reclamation and reuse projects. Four
of these projects are in California and the fifth is in
Arizona. The Secretary was also authorized to undertake a
program to identify other water recycling opportunities
throughout the 17 western United States, and to conduct
appraisal level and feasibility level studies to determine if
those opportunities are worthy of implementation. The Bureau of
Reclamation has been administering a grant program to fund
these Title XVI projects since FY 1994.
In 1996, Public Law 104-266, the Reclamation Recycling and
Water Conservation Act was enacted into law. This Act amended
Title XVI and authorized the Secretary to participate in the
planning, design, and construction of 18 additional projects,
including two desalination research and development projects.
These new projects are distributed within five states,
including California, Nevada, Utah, Texas, and New Mexico.
Title XVI of Public Law 102-575 was further amended in 1998 by
Public Law 105-321 to authorize Reclamation to participate in
the design, planning, and construction of the Willow Lake
Natural Treatment System Project in Salem, Oregon. To date,
Congress has provided funding to construct 14 of these
projects, and to conduct feasibility studies on an additional
three projects.
Municipal, industrial, domestic, and agricultural
wastewater reuse efforts can assist states and local
communities in solving contemporary water supply problems.
However the Department opposes authorizing additional projects
in the absence of feasibility studies to determine whether
these particular projects warrant Federal funding. In general,
Reclamation places priority on funding new projects that (1)
are economically justified and environmentally acceptable in a
watershed context; (2) are not eligible for funding under
another Federal program; and (3) directly address
Administration priorities of the Reclamation program, such as
reducing the demand on existing Federal water supply
facilities.
The Department also opposes enactment of this legislation
because authorizing new projects is likely to place an
additional burden on Reclamation's already tight budget. To
date, Reclamation has been unable to provide the full
authorized funding amounts for any of the water reclamation and
reuse projects presently authorized by Title XVI. At current
funding levels, it will take Reclamation more than 10 years to
complete funding of the 24 currently authorized projects.
For all of the above reasons, the Department of the
Interior cannot support authorizing this new construction
request.
This concludes my prepared testimony. I would be happy 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 bill S. 1848, as
ordered reported.