[House Report 111-258]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-258

======================================================================



 
 MAGNA WATER DISTRICT WATER REUSE AND GROUNDWATER RECHARGE ACT OF 2009

                                _______
                                

 September 21, 2009.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2265]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2265) to amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act to authorize the Secretary 
of the Interior to participate in the Magna Water District 
water reuse and groundwater recharge project, and for other 
purposes, 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. 2265 is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act to 
authorize the Secretary of the Interior to participate in the 
Magna Water District water reuse and groundwater recharge 
project, and for other purposes.

                  Background and Need for Legislation

    H.R. 2265 would authorize limited federal financial 
assistance for the planning, design and construction of Phase 
II of the Magna Water District water reuse and groundwater 
recharge project. When completed, Phase II of the project would 
result in a projected annual reduction of 1,780 acre-feet (580 
million gallons) of high quality potable project water to be 
used for outdoor irrigation.
    In Phase II of the project, the participants would design 
and construct permanent facilities capable of removing 
perchlorate and arsenic from the Barton Well Field aquifer. The 
water would be treated to create two products: (1) a high 
quality drinking water; and, (2) a concentrated effluent. The 
drinking water would be immediately added to the existing water 
distribution system. The effluent would be funneled and treated 
through the bioreactor facility to remove arsenic and 
perchlorate to produce what the State of Utah categorizes as 
Type I quality water.
    Type I water can be used for outdoor irrigation purposes, 
thereby eliminating the need to use high-quality drinking water 
for those purposes. The District has future plans to replenish 
the shallow groundwater aquifer with reclaimed, retreated 
water.

                            Committee Action

    H.R. 2265 was introduced on May 6, 2009 by Rep. Jason 
Chaffetz (R-UT). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water and Power. On July 21, 2009 the Subcommittee held a 
hearing on the bill.
    On September 10, 2009 the Subcommittee was discharged from 
further consideration of H.R. 2265 and the full Natural 
Resources Committee met to consider the bill. The bill was 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Magna Water District Water Reuse and Groundwater Recharge Act 
of 2009.''

Section 2. Magna Water District

    Section 2 amends the Reclamation Wastewater and Groundwater 
Study and Facilities Act (Public Law 102-575, title XVI; 43 
U.S.C. 390h et seq.) by authorizing the Secretary of the 
Interior to participate in the design and construction of a 
recycled water system and treatment facility.
    The federal government would be responsible for 25 percent 
of the total cost of the project, but is not responsible for 
the operation and maintenance of the facility. The total cost 
for the project (Phase I and Phase II) is estimated at $51 
million. Project funding sources have included approximately $3 
million in federal funding and $36 million from the Magna Water 
District. Section 2 would authorize appropriation of the 
remaining $12 million in necessary funds.

            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 Natural 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 amend the Reclamation Wastewater 
and Groundwater Study and Facilities Act to authorize the 
Secretary of the Interior to participate in the Magna Water 
District water reuse and groundwater recharge project.
    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. 2265--Magna Water District Water Reuse and Groundwater Recharge 
        Act of 2009

    Summary: H.R. 2265 would authorize the Bureau of 
Reclamation to participate in developing a water project in the 
Magna Water District in Salt Lake County, Utah. Assuming 
appropriation of authorized amount, CBO estimates that 
implementing H.R. 2265 would cost $12 million over the 2010-
2014 period. Enacting the legislation would not affect direct 
spending or revenues.
    H.R. 2265 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary impact of H.R. 2265 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................       12        0        0        0        0        12
Estimated Outlays.......................................        8        4        0        0        0        12
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2265 will be enacted near the beginning of fiscal year 2010 and 
that the federal share of the project's costs will be 
appropriated in that year. Estimated outlays are based on 
information provided by the Bureau of Reclamation.
    H.R. 2265 would authorize the bureau to design, plan, and 
construct water recycling facilities in the Magna Water 
District. The legislation would authorize the appropriation of 
$12 million to cover 25 percent of the project's total 
development costs (about $50 million). The remainder of those 
costs would be the responsibility of local governments, as 
would the costs of operating and maintaining the facility.
    Intergovernmental and private-sector impact: H.R. 2265 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The bill would benefit the Magna Water 
District in Utah by authorizing federal assistance for 
planning, designing, and constructing water facilities.
    Estimate prepared by: Federal Costs: Aurora Swanson; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 2265 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

           *       *       *       *       *       *       *


SEC. 2. DEFINITION AND TABLE OF CONTENTS.

  For purposes of this Act, the term ``Secretary'' means the 
Secretary of the Interior.

                            TABLE OF CONTENTS

Sec. 1. Short title.
     * * * * * * *

       TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES

Sec. 1601. Short title.
     * * * * * * *
Sec. 16__. Magna Water District water reuse and groundwater recharge 
          project, Utah.

           *       *       *       *       *       *       *


       TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

SEC. 1601. SHORT TITLE.

  This title may be referred to as the ``Reclamation Wastewater 
and Groundwater Study and Facilities Act''.

           *       *       *       *       *       *       *


SEC. 16__. MAGNA WATER DISTRICT WATER REUSE AND GROUNDWATER RECHARGE 
                    PROJECT, UTAH.

  (a) Authorization.--The Secretary, in cooperation with the 
Magna Water District, Utah, may participate in the design, 
planning, and construction of permanent facilities needed to 
establish recycled water distribution and wastewater treatment 
and reclamation facilities that will be used to provide 
recycled water in the Magna Water District.
  (b) Cost Sharing.--
          (1) Federal share.--The Federal share of the capital 
        cost of the project described in subsection (a) shall 
        not exceed 25 percent of the total cost of the project.
          (2) Non-federal share.--Each cost incurred by the 
        Magna Water District after January 1, 2003, relating to 
        any capital, planning, design, permitting, 
        construction, or land acquisition (including the value 
        of reallocated water rights) for the project described 
        in subsection (a) shall be credited towards the non-
        Federal share of the costs of the project.
  (c) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of the project described in 
subsection (a).
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $12,000,000.

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