[House Report 109-321]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-321

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           SAN DIEGO WATER STORAGE AND EFFICIENCY ACT OF 2005

                                _______
                                

December 6, 2005.--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. 1190]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1190) to direct the Secretary of the Interior to conduct 
a feasibility study to design and construct a four reservoir 
intertie system for the purposes of improving the water storage 
opportunities, water supply reliability, and water yield of San 
Vicente, El Capitan, Murray, and Loveland Reservoirs in San 
Diego County, California in consultation and cooperation with 
the City of San Diego and the Sweetwater Authority, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``San Diego Water Storage and Efficiency 
Act of 2005''.

SEC. 2. FEASIBILITY STUDY, PROJECT DEVELOPMENT, COST SHARE.

  (a) In General.--The Secretary of the Interior (hereinafter referred 
to as ``Secretary''), in consultation and cooperation with the City of 
San Diego and the Sweetwater Authority, is authorized to undertake a 
study to determine the feasibility of constructing a four reservoir 
intertie system to improve water storage opportunities, water supply 
reliability, and water yield of the existing non-Federal water storage 
system. The feasibility study shall document the Secretary's 
engineering, environmental, and economic investigation of the proposed 
reservoir and intertie project taking into consideration the range of 
potential solutions and the circumstances and needs of the area to be 
served by the proposed reservoir and intertie project, the potential 
benefits to the people of that service area, and improved operations of 
the proposed reservoir and intertie system. The Secretary shall 
indicate in the feasibility report required under subsection (d) 
whether the proposed reservoir and intertie project is recommended for 
construction.
  (b) Federal Cost Share.--The Federal share of the costs of the 
feasibility study shall not exceed 50 percent of the total study costs. 
The Secretary may accept as part of the non-Federal cost share, any 
contribution of such in-kind services by the City of San Diego and the 
Sweetwater Authority that the Secretary determines will contribute 
toward the conduct and completion of the study
  (c) Cooperation.--The Secretary shall consult and cooperate with 
appropriate State, regional, and local authorities in implementing this 
section.
  (d) Feasibility Report.--The Secretary shall submit to Congress a 
feasibility report for the project the Secretary recommends, and to 
seek, as the Secretary deems appropriate, specific authority to develop 
and construct any recommended project. This report shall include--
          (1) good faith letters of intent by the City of San Diego and 
        the Sweetwater Authority and its non-Federal partners to 
        indicate that they have committed to share the allocated costs 
        as determined by the Secretary; and
          (2) a schedule identifying the annual operation, maintenance, 
        and replacement costs that should be allocated to the City of 
        San Diego and the Sweetwater Authority, as well as the current 
        and expected financial capability to pay operation, 
        maintenance, and replacement costs.

SEC. 3. FEDERAL RECLAMATION PROJECTS.

  Nothing in this Act shall supersede or amend the provisions of 
Federal Reclamation laws or laws associated with any project or any 
portion of any project constructed under any authority of Federal 
Reclamation laws.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  The Federal costs for the feasibility study to be conducted and 
pursuant to this Act shall not exceed $3,000,000 of the total amount 
appropriated to carry out this section.

SEC. 5. SUNSET.

  The authority of the Secretary to carry out any provisions of this 
Act shall terminate 10 years after the date of the enactment of this 
Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1190 is to direct the Secretary of the 
Interior to conduct a feasibility study to design and construct 
a four reservoir intertie system for the purposes of improving 
the water storage opportunities, water supply reliability, and 
water yield of San Vicente, El Capitan, Murray, and Loveland 
Reservoirs in San Diego County, California in consultation and 
cooperation with the City of San Diego and the Sweetwater 
Authority, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Sweetwater Authority is the third largest water 
retailer in San Diego County and serves residential and 
commercial customers in Chula Vista, National City, and Bonita, 
California. In cooperation with the City of San Diego, the 
Authority operates a number of reservoirs. The Authority and 
the City of San Diego are requesting federal assistance, 
through the Secretary of the Interior, to examine the 
feasibility of connecting four of those reservoirs (San 
Vicente, El Capitan, Loveland, and Murray) to make more 
efficient use of storage capacity.
    The Loveland and El Capitan reservoirs receive local runoff 
along with some imported water, but are rarely filled. On 
average, the reservoirs are approximately at 25 percent 
capacity. This available capacity could be put to beneficial 
use if imported water could be piped to the reservoirs. If the 
project is found feasible under Bureau of Reclamation standards 
and guidelines, the likely mode of connection would be an 
underground pipeline following current rights-of-way.

                            COMMITTEE ACTION

    H.R. 1190 was introduced on March 9, 2005, by Congressman 
Duncan Hunter (R-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On November 3, 2005, the Subcommittee held a 
hearing on the bill. On November 16, 2005, the Full Resources 
Committee met to consider the bill. The Subcommittee on Water 
and Power was discharged from further consideration of the bill 
by unanimous consent. Congressman George Radanovich (R-CA) 
offered an amendment in the nature of a substitute to clarify 
and strengthen the feasibility study provisions and add a ten-
year sunset to the bill's authorization. The amendment was 
adopted by unanimous consent. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section cites the bill as the ``San Diego Water 
Storage and Efficiency Act of 2005.''

Section 2. Feasibility study, project development, cost share

    As amended, this section authorizes the Secretary of the 
Interior to undertake a study, in cooperation with the 
Sweetwater Authority and the City of San Diego, to determine 
the engineering, environmental, and economic feasibility (as 
defined under Bureau of Reclamation standards and guidelines) 
of a four reservoir intertie system. The federal cost share of 
the study cannot exceed 50 percent. The Secretary may accept 
in-kind services by the City of San Diego and the Authority as 
part of the non-federal cost share. The Secretary must conduct 
the study in cooperation with the appropriate State and local 
entities and produce a feasibility report once the study is 
concluded. The report shall include letters from the City of 
San Diego and the Authority indicating that they have committed 
to share the allocated costs as determined by the Secretary and 
a schedule identifying the annual operation, maintenance and 
replacement costs that should be allocated to San Diego and the 
Authority.

Section 3. Federal reclamation projects

    This section states that nothing in the bill will supersede 
or change any federal reclamation laws.

Section 4. Authorization of appropriations

    This section authorizes an appropriation of up to $3 
million to carry out the feasibility study.

Section 5. Sunset

    This section limits the federal authorization to ten years 
after the date of enactment.

            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. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to direct the Secretary of the 
Interior to conduct a feasibility study to design and construct 
a four reservoir intertie system for the purposes of improving 
the water storage opportunities, water supply reliability, and 
water yield of San Vicente, El Capitan, Murray, and Loveland 
Reservoirs in San Diego County, California in consultation and 
cooperation with the City of San Diego and the Sweetwater 
Authority, and for other purposes.
    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:

H.R. 1190--San Diego Water Storage and Efficiency Act of 2005

    H.R. 1190 would authorize the Bureau of Reclamation to 
participate in a water management feasibility study with the 
city of San Diego, California, and the Sweetwater Authority--a 
local water retailer. The study would examine the feasibility 
of connecting the San Vicente, El Capitan, Loveland, and Murray 
reservoirs. The proposed system of pipelines would import water 
to underutilized reservoirs and increase overall storage 
capacity in the area. H.R. 1190 would authorize the 
appropriation of $3 million for the federal share of this 
study.
    Assuming appropriation of the specified amount, CBO 
estimates that implementing H.R. 1190 would cost $3 million 
over the 2006-2007 period. Enacting H.R. 1190 would not affect 
direct spending or revenues.
    H.R. 1190 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 bill would authorize funding for a water study that would 
benefit the city of San Diego and a public water agency. Any 
costs they might incur through a cooperative agreement would 
result from complying with conditions for receiving federal 
assistance.
    The CBO staff contact for this estimate is Gregory Waring. 
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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