[House Report 109-632]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-632

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                 LOWER REPUBLICAN RIVER BASIN STUDY ACT

                                _______
                                

 September 6, 2006.--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. 4750]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4750) to authorize the Secretary of the Interior to 
conduct a study to determine the feasibility of implementing a 
water supply and conservation project to improve water supply 
reliability, increase the capacity of water storage, and 
improve water management efficiency in the Republican River 
Basin between Harlan County Lake in Nebraska and Milford Lake 
in Kansas, 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 ``Lower Republican River Basin Study 
Act''.

SEC. 2. REPUBLICAN RIVER BASIN FEASIBILITY STUDY.

  (a) Authorization of Study.--Pursuant to reclamation laws, the 
Secretary of the Interior, acting through the Bureau of Reclamation and 
in consultation and cooperation with the States of Nebraska, Kansas, 
and Colorado, may conduct a study to--
          (1) determine the feasibility of implementing a water supply 
        and conservation project that will--
                  (A) improve water supply reliability in the 
                Republican River Basin between Harlan County Lake in 
                Nebraska and Milford Lake in Kansas, including areas in 
                the counties of Harlan, Franklin, Webster, and Nuckolls 
                in Nebraska and Jewel, Republic, Cloud, Washington, and 
                Clay in Kansas (in this section referred to as the 
                ``Republican River Basin'');
                  (B) increase the capacity of water storage through 
                modifications of existing projects or through new 
                projects that serve areas in the Republican River 
                Basin;
                  (C) improve water management efficiency in the 
                Republican River Basin through conservation and other 
                available means and, where appropriate, evaluate 
                integrated water resource management and supply needs 
                in the Republican River Basin; and
          (2) consider appropriate cost-sharing options for 
        implementation of the project.
  (b) Cost Sharing.--The Federal share of the cost of the study shall 
not exceed 50 percent of the total cost of the study, and shall be 
nonreimbursable.
  (c) Cooperative Agreements.--The Secretary shall undertake the study 
through cooperative agreements with the State of Kansas or Nebraska and 
other appropriate entities determined by the Secretary.
  (d) Completion and Report.--
          (1) In general.--Except as provided in paragraph (2), not 
        later than 3 years after the date of the enactment of this 
        section the Secretary of the Interior shall complete the study 
        and transmit to the Congress a report containing the results of 
        the study.
          (2) Extension.--If the Secretary determines that the study 
        cannot be completed within the 3-year period beginning on the 
        date of the enactment of this Act, the Secretary--
                  (A) shall, at the time of that determination, report 
                to the Congress on the status of the study, including 
                an estimate of the date of completion; and
                  (B) complete the study and transmit to the Congress a 
                report containing the results of the study by not later 
                than that date.
  (e) Sunset of Authority.--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. 4750 is to authorize the Secretary of 
the Interior to conduct a study to determine the feasibility of 
implementing a water supply and conservation project to improve 
water supply reliability, increase the capacity of water 
storage, and improve water management efficiency in the 
Republican River Basin between Harlan County Lake in Nebraska 
and Milford Lake in Kansas.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1943, the States of Colorado, Kansas and Nebraska 
entered into the Republican River Compact with the approval of 
Congress. The Compact provided for equitable apportionment of 
the Republican River stream flows for beneficial consumptive 
use. The River is approximately 400 miles long, beginning in 
eastern Colorado, flowing through Kansas into southern Nebraska 
and then back into Kansas, where it eventually forms into the 
Kansas River. The Compact allocates waters from the Republican 
River Basin as such: 49% to Nebraska, 40% to Kansas, and 11% to 
Colorado. The amount of water allocated to each State varies 
annually depending on stream flows.
    In 1998, Kansas filed a complaint with the U.S. Supreme 
Court alleging that Nebraska violated the Compact, ``by 
allowing the use of wells connected to the Republican River and 
its tributaries, [and] by the failure to protect surface flows 
from unauthorized appropriation by Nebraska users.'' Nebraska 
argued that the original Compact only restricts water directly 
diverted from streams, and not groundwater pumping. In 1999, 
the Supreme Court referred the matter to Special Master Vincent 
L. McKusick, who initially ruled in 2000 that groundwater 
pumping did deplete stream flows.
    In 2001, McKusick's additional rulings helped set the stage 
for a negotiated settlement. In October 2001, the three States 
began settlement discussions. The U.S. Department of Justice, 
the U.S. Army Corps of Engineers, and the Bureau of Reclamation 
also participated in the settlement meetings. After 17 months 
of negotiations, the States achieved a settlement package and, 
on April 15, 2003, McKusick formally recommended the approval 
of the Final Settlement Stipulation to the Supreme Court. On 
May 13, 2003, the Supreme Court approved it.
    As part of the ruling, the Supreme Court stated, ``the 
States agree to pursue in good faith, and in collaboration with 
the United States, system improvements in the Basin, including 
measures to improve the ability to utilize the water supply 
below Hardy, Nebraska, on the mainstem.'' The purpose of H.R. 
4750 is to implement the part of the settlement that requires a 
study to determine the feasibility of implementing a water 
supply and conservation project on the Republican River Basin.

                            COMMITTEE ACTION

    H.R. 4750 was introduced on February 14, 2006, by 
Congressman Tom Osborne (R-NE). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On April 26, 2006, the 
Subcommittee held a hearing on the bill. On July 19, 2006, 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 place a 10-year sunset on 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 ``Lower Republican River 
Basin Study Act.''

Section 2. Republican River Basin feasibility study.

    This section authorizes the Secretary of the Interior to 
conduct a study to determine the feasibility of implementing a 
water supply and conservation project that will improve water 
reliability, increase water storage capacity, and improve water 
management efficiency in the Republican River Basin and to 
consider appropriate cost-sharing options for implementation of 
the project. The federal share of the cost of the study shall 
not exceed 50% of the study cost. The Secretary shall undertake 
the study through cooperative agreements with the States of 
Kansas or Nebraska and other appropriate entities. The 
Secretary shall complete the study no later than three years 
after the date of the enactment and transmit the results to 
Congress in a report. If the Secretary determines the study 
cannot be completed within three years, the Secretary must 
report to Congress on the status of the study and give an 
estimated time for completion, then complete the study and 
report to Congress. This section, as amended, states that the 
authority of the Secretary to carry out the provisions of the 
bill shall terminate 10 years after its 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, clause 3 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 authorize the Secretary of the 
Interior to conduct a study to determine the feasibility of 
implementing a water supply and conservation project to improve 
water supply reliability, increase the capacity of water 
storage, and improve water management efficiency in the 
Republican River Basin between Harlan County Lake in Nebraska 
and Milford Lake in Kansas.
    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. 4750--Lower Republican River Basin Study Act

    H.R. 4750 would authorize the Secretary of the Interior, 
through the Bureau of Reclamation, to work with the states of 
Nebraska, Kansas, and Colorado, to conduct a feasibility study 
on implementing water supply and conservation projects of the 
Lower Republican River Basin. The bill would limit the federal 
cost share of the study to 50 percent. According to the Bureau 
of Reclamation, the estimated total cost of the study is $1.5 
million. The authority of the Secretary to implement this bill 
would terminate 10 years after the date of enactment.
    CBO estimates that implementing H.R. 4750 would cost $0.75 
million over the 2007-2011 period, subject to the availability 
of appropriated funds. Enacting the legislation would not 
affect direct spending or revenues. H.R 4750 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act; any costs to state governments 
would be incurred 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.

                    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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