[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.