[House Report 108-363]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-363

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CARPINTERIA AND MONTECITO WATER DISTRIBUTION SYSTEMS CONVEYANCE ACT OF 
                                  2003

                                _______
                                

 November 17, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1648]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1648) to authorize the Secretary of the Interior to 
convey certain water distribution systems of the Cachuma 
Project, California, to the Carpinteria Valley Water District 
and the Montecito Water District, 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. 1648 is to authorize the Secretary of 
the Interior to convey certain water distribution systems of 
the Cachuma Project, California, to the Carpinteria Valley 
Water District and the Montecito Water District.

                  BACKGROUND AND NEED FOR LEGISLATION

    Since the Bureau of Reclamation began building water supply 
and distribution systems in the early 1900s, there has been an 
expectation that many of the facilities would ultimately be 
transferred to the local entities they were built to serve. 
Taking facilities off the federal books represents real budget 
savings for the future. Transfers help shrink the size and 
budget of the federal government, and help us manage our 
resources in a more efficient manner.
    This Act would help simplify the operation and maintenance 
of the Carpinteria Valley and Montecito Water Districts' water 
distribution systems and eliminate unnecessary paperwork and 
consultation between the Districts and the Bureau of 
Reclamation. The proposed transfer of ownership would include 
the following facilities: the distribution system of 36 miles 
(Carpinteria) and 9.5 miles of pipeline and laterals 
(Montecito); Gobernador Reservoir; Shepard Mesa Tank; Lateral 
10L; Carpinteria, Shepard Mesa, Asegra, and Ortega Ridge 
pumping plants; several pressure regulating vaults located 
throughout the system; fences and structures; and rights-of-
way, easements, leases and other property permitting access to 
the federal system.
    H.R. 1648 would apply to only land and facilities and would 
not affect the Districts' existing water service contract with 
the Santa Barbara County Water Agency nor the federal 
government receipts from water deliveries under the contract. 
In addition, the proposed transfer does not involve any new 
physical modifications or expansion of the service 
infrastructure. Finally, both Districts have worked through all 
Bureau of Reclamation requirements including payment 
obligations and required environmental reviews, and need only 
to complete the process with an act of Congress.

                            COMMITTEE ACTION

    H.R. 1648 was introduced by Congresswoman Lois Capps (D-
CA). The bill was referred to the Committee on Resources and 
within the Committee to the Subcommittee on Water and Power. On 
October 29, 2003, the Full Committee met to consider the bill. 
The Subcommittee was discharged from further consideration of 
the bill by unanimous consent. No amendments were offered and 
the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

                           SECTION-BY-SECTION

Section 1. Short title

    This Act may be cited as the ``Carpinteria and Montecito 
Water Distribution Systems Conveyance Act of 2003.''

Section 2. Conveyance of water distribution systems of the Cachuma 
        Project, California

    (a)(1) This section provides that the Secretary may convey 
all right, title, and interest of the United States to the 
Carpinteria Distribution System of the Cachuma Project 
consistent with the terms and conditions set forth in Transfer 
Agreement Number 00-XC-20-0364.
    (a)(2) This section provides that the Secretary of the 
Interior may convey all right, title, and interest of the 
United States to the Montecito Water District of the Cachuma 
Project consistent with the terms and conditions set forth in 
Transfer Agreement Number 01-XC-20-0365.
    (b) This section provides that the United States shall not 
be held liable for any damages of any kind arising out of any 
act, omission, or occurrence relating to the distribution 
system effective upon the date of the title transfer of the 
distribution system.
    (c)(1) This section states that after conveyance of the 
water distribution system to either of the Districts, the 
system shall no longer be considered a part of the federal 
reclamation project.
    (c)(2) This section provides that after conveyance of the 
water distribution system to either of the Districts, that the 
respective water district will not receive any benefit from any 
of the facilities of the distribution system, except benefits 
that would be available to a similarly situated person with 
respect to such a facility of the system that is not part of a 
federal reclamation project.

            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, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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, November 7, 2003.
Hon. Richard W. Pombo,
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. 1648, the 
Carpinteria and Montecito Water Distribution Systems Conveyance 
Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Melissa E. 
Zimmerman.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1648--Carpinteria and Montecito Water Distribution Systems 
        Conveyance Act of 2003

    CBO estimates that implementing H.R. 1648 would have no 
significant impact on the federal budget. This bill would 
direct the Secretary of the Interior to convey all rights, 
title, and interest of the Federal Government in the 
Carpinteria Distribution System to the Carpinteria Valley Water 
District and in the Montecito Water Distribution System to the 
Montecito Water District. Both of these water distribution 
systems are part of the Cachuma Project in Santa Barbara 
County, California.
    The Carpinteria Valley Water District has made all required 
payments on its contract with the Bureau of Reclamation for 
construction of the Carpinteria system. The Montecito Water 
District still owes about $7,000 for construction of its water 
distribution system and would be required to pay that sum as a 
condition of conveyance. Currently, the bureau spends less than 
$5,000 every three years to inspect these water distribution 
systems. The next inspections will take place in 2005. Once 
these systems are conveyed, all operations and maintenance 
(including inspections) would be the responsibility of the 
districts.
    H.R. 1648 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 contact for this estimate is Melissa E. 
Zimmerman. 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.

                                
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