[Senate Report 108-63]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 127
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-63

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       TUALATIN RIVER BASIN WATER SUPPLY ENHANCEMENT ACT OF 2003

                                _______
                                

                  June 8, 2003.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 625]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 625) to authorize the Bureau of 
Reclamation to conduct certain feasibility studies in the 
Tualatin River Basin in Oregon, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 2, line 21, strike ``(82 Stat. 388)'' and insert 
``(32 Stat. 388)''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 625 is to authorize the Bureau of 
Reclamation to conduct a feasibility study to determine 
alternatives available for developing additional water sources 
in the Tualatin River Basin in Oregon.

                          BACKGROUND AND NEED

    The Tualatin River drains 711 square miles in northwestern 
Oregon. The Tualatin River watershed has seen a number of 
changes in recent years that influence water resources 
management.
    According to the Tualatin Basin Water Supply Partnership, 
there is region-wide consensus on the need to develop 
additional water sources, and various efforts aimed at such 
developments are underway. One is focused on the Tualatin River 
Watershed. The watershed contains the rapidly growing urban 
portion of Washington County, which includes the cities of 
Beaverton, Banks, Cornelius, Forest Grove, Hillsboro, North 
Plains, Sherwood, Tigard and Tualatin. This area has a 
population of approximately 450,000 people, and has almost 
doubled its population in the last 20 years. To better manage 
the existing resources of the Tualatin River Basin and to meet 
future water needs, several cities and districts formed a 
partnership to develop an Integrated Water Resources Management 
Strategy in 1997. The work done by the partnership identified 
four areas to be addressed: municipal and industrial; 
agricultural; fish; and flow.
    The U.S. Bureau of Reclamation owns and operates Scoggins 
Dam, which is on Scoggins Creek, a tributary of the Tualatin 
River. Haag Lake is the impoundment created by Scoggins Dam. 
Water from Haag Lake is currently used for river flow 
restoration, municipal and industrial water supply, fish 
habitat and agriculture irrigation needs in the Tualatin River 
watershed. The lake also provides recreational opportunities, 
with park and recreational facilities operated by Washington 
County. Developed in 1975, Haag Lake has been a major source of 
water supply, but its capacity is no longer sufficient, 
according to the Tualatin Basin Water Supply Partnership.

                          LEGISLATIVE HISTORY

    S. 625 was introduced by Senator Smith on March 13, 2003. 
Senator Wyden is an original cosponsor. The Water and Power 
Subcommittee held a hearing on S. 625 on May 13, 2003. At the 
business meeting on May 21, 2003, the Committee on Energy and 
Natural Resources ordered S. 625, as amended, favorably 
reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 21, 2003, by a voice vote of a quorum 
present, recommends that the Senate pass S. 625, as amended as 
described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 625, the Committee adopted a 
technical amendment to correct a typographical error in a 
statutory citation.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 states the short title.
    Section 2, subsection (a) authorizes the Secretary of the 
Interior to conduct the Tualatin River Basin water supply 
feasibility study in order to identify ways to meet future 
water supply needs for agriculture and municipal and industrial 
uses, identify conservation and storage measures, identify 
measures to improve water quality and enable environmental 
protection, and to evaluate integrated resource management and 
supply needs in the basin.
    Subsection (b) states that the Federal share of the costs 
of the study shall not exceed 50 percent of the total and shall 
be non-reimbursable and non-returnable.
    Subsection (c) states that activities funded under the Act 
are not to be considered a supplemental or additional benefit 
under the Act of June 17, 1902 (32 Stat. 388) and all Acts 
amendatory or supplementary thereto.
    Section 3 authorizes appropriations in an amount necessary 
to carry out the purposes of the Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 29, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 625, the Tualatin 
River Basin Water Supply Enhancement Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                          Barry B. Anderson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 625--Tualatin River Basin Water Supply Enhancement Act of 2003

    S. 625 would authorize the Secretary of the Interior 
through the Bureau of Reclamation to conduct a feasibility 
study of the Tualatin River Basin water supply. The study would 
identify ways to meet future water supply needs and to improve 
water quality, as well as water conservation and storage 
measures.
    Based on information from the bureau, CBO estimates that 
the total cost of the feasibility study would be $7 million. 
Under the bill, 50 percent of the cost would be paid by the 
federal government. To date, the bureau has spent about 
$200,000 on initial parts of the study. CBO estimates that 
implementing S. 625 would cost an additional $3 million over 
the 2004-2008 period, assuming appropriation of the necessary 
amounts. Enacting S. 625 would not affect direct spending or 
revenues.
    S. 625 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. 
Any state or local government choosing to participate in this 
study would do so voluntarily.
    The CBO staff contact for this estimate is Julie Middleton. 
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 S. 625. 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. 625.

                        EXECUTIVE COMMUNICATIONS

    On May 13, 2003, 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. 625. These reports 
had not been received at the time the report on S. 625 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 Bureau 
of Reclamation at the Subcommittee hearing follows:

   Statement of John Keys III, Commissioner, U.S. Department of the 
                    Interior, Bureau of Reclamation

    I am John Keys, III, Commissioner of the Bureau of 
Reclamation (Reclamation). Thank you for the opportunity to 
testify on S. 625, the Tualatin River Basin Water Supply 
Enhancement Act of 2003. The legislation authorizes the 
Secretary of the Interior, in cooperation with affected local 
entities, to complete a study of the feasibility of various 
methods to meet future water supplies for agriculture, and for 
municipal and industrial uses.
    Reclamation has been working closely with the regional 
wastewater entity Clean Water Services, several municipalities 
in Washington County, Oregon, the Tualatin Valley Water 
District, and others, to develop a plan that will increase 
available storage for local use and preserve the important 
environmental benefits so valued by the local residents. A 
tremendous amount of local effort has been expended to develop 
useful information upon which a feasibility study by 
Reclamation may be based. The study partners have also invested 
considerable effort to begin the planning process at the local 
level, with the assistance of Reclamation. A full range of 
potential approaches to meeting future water supply needs will 
be considered, including market-based incentives and other 
economic incentives. As such, the merits of the proposed 
feasibility study are sound and reasonable and therefore the 
Administration can support S.625. However, it is important to 
note that this project is not included in the Administration's 
Fiscal Year 2004 budget request.
    This concludes my statement. I will 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 bill S. 625, as ordered 
reported.

                                
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