[Senate Report 118-166] [From the U.S. Government Publishing Office] Calendar No. 357 118th Congress } { Report SENATE 2d Session } { 118-166 ====================================================================== GREAT SALT LAKE STEWARDSHIP ACT _______ April 9, 2024.--Ordered to be printed _______ Mr. Manchin, from the Committee on Energy and Natural Resources, submitted the following R E P O R T [To accompany S. 1955] The Committee on Energy and Natural Resources, to which was referred the bill (S. 1955) to amend the Central Utah Project Completion Act to authorize expenditures for the conduct of certain water conservation measures in the Great Salt Lake basin, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. Amendments The amendments are as follows: 1. On page 2, line 16, strike the end quotes and period at the end. 2. On page 2, after line 16, add the following: ``(c) Completion of Project.--In accordance with section 207, the Secretary shall ensure that water conservation measures conducted under subsection (a) do not interfere with the completion of the project under this Act.''. Purpose The purpose of S. 1955 is to amend the Central Utah Project Completion Act to authorize expenditures for the conduct of certain water conservation measures in the Great Salt Lake basin. Background and Need The Central Utah Project, the state of Utah's largest federal water resource development project, was authorized under the Colorado River Storage Project Act in 1956 (Public Law 84-485). The Central Utah Project moves Utah's allocated share of Colorado River water from the Colorado River Basin in eastern Utah to the Salt Lake City metropolitan area. The Central Utah Project includes an extensive network of diversions, dams, reservoirs, tunnels, and pipelines, and delivers approximately 150,000 acre-feet of water to municipalities and industry, supporting over 650,000 residents. The Central Utah Project was originally constructed by the Bureau of Reclamation, however planning and construction activities were transferred to the Central Utah Water Conservancy District with Department of the Interior oversight under the Central Utah Project Completion Act (CUPCA) (Public Law 102-575). CUPCA provides water for municipal and industrial use, irrigation, hydroelectric power, fish and wildlife, conservation, and recreation. CUPCA established the Central Utah Project Completion Act Office in 1993 to oversee completion of the project and administer CUPCA related activities. The CUPCA Office reports directly to the Secretary of the Interior through the Assistant Secretary for Water and Science. As the need for water continues to grow in Utah, the Central Utah Project will continue to play an important role in meeting those needs. The Great Salt Lake, located in northwest Utah, is the largest saltwater lake in the United States and the largest natural lake west of the Mississippi. The Great Salt Lake is approximately 75 miles long and about 28 miles wide, and is a relatively shallow lake with a maximum depth of about 35 feet. Because the lake doesn't have an outlet, it is typically 3 to 5 times saltier than the ocean. The lake is too saline to support fish and most other aquatic species, however it provides habitat for migratory birds. The Great Salt Lake currently faces severe drought conditions that threaten its long-term existence. Proponents argue that legislation is needed to aid the Great Salt Lake from the impacts of drought and expand the existing water conservation program under CUPCA to include the entire Great Salt Lake drainage basin. Legislative History S. 1955 was introduced by Senators Lee and Romney on June 13, 2023. The Subcommittee on Water and Power held a hearing on S. 1955 on July 19, 2023. A similar bill, H.R. 4094, was introduced by Representative Curtis in the House of Representatives on June 14, 2023. The Subcommittee on Water, Wildlife, and Fisheries of the House Committee on Natural Resources held a hearing on H.R. 4094 on July 27, 2023. The House Committee on Natural Resources favorably reported H.R. 4094 at its business meeting on November 15, 2023. Committee Recommendation The Senate Committee on Energy and Natural Resources, in open business session on December 14, 2023, by a voice vote of a quorum present, recommends that the Senate pass S. 1955, if amended as described herein. Committee Amendment During its consideration of S. 1955, the Committee adopted an amendment to clarify that the Secretary of the Interior shall ensure the water conservation activities authorized under the Act do not interfere with the completion of the Central Utah Project. Section-by-Section Analysis Section 1. Short title Section 1 establishes the short title of the Act as the ``Great Salt Lake Stewardship Act.'' Section 2. Water conservation measures in the Great Salt Lake basin Section 2 amends the Central Utah Project Completion Act (CUPCA) (Public Law 102-575) to provide the Secretary of the Interior authority to allocate unexpended budget authority related to the Bonneville Unit of the Central Utah Project toward CUPCA's existing water conservation program. It expands the geographic area of the Secretary's authority under CUPCA to include the entire Great Salt Lake drainage basin. It also clarifies that the Secretary of the Interior shall ensure the water conservation activities authorized under the Act do not interfere with the completion of the Central Utah Project. Cost and Budgetary Considerations The Congressional Budget Office estimate of the costs of S. 1955, as ordered reported, has been requested but was not received at the time the report was filed. When the Congressional Budget Office completes its cost estimate, it will be posted on the Internet at www.cbo.gov. 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. 1955. 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. 1955, as ordered reported. Congressionally Directed Spending S. 1955, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. Executive Communications The testimony provided by the Department of the Interior at the Subcommittee on Water and Power on July 19, 2023, on S. 1955 follows: Statement for the Record, U.S. Department of the Interior, U.S. Senate Committee on Energy and Natural Resources Thank you for the opportunity to provide this statement on S. 1955, the Great Salt Lake Stewardship Act. If enacted, this legislation would amend Title II of the Central Utah Project Completion Act (CUPCA) P.L. 102-575 and include a new Section 213. Enacted in 1992, Title II of CUPCA authorized budget authority for development of Central Utah Project features and created a successful water conservation program entitled the Water Management Improvement Program, in Section 207. This new Section 213 would provide additional flexibility for the Department to utilize any unexpended budget authority that may be available from other sections of Title II to augment the Water Management Improvement Program. In addition, S. 1955 would expand the geographic area covered by CUPCA's Water Management Improvement Program to consider water conservation measures in the Great Salt Lake drainage basin. Water conservation measures implemented under this amendment would be considered compliant with the Bonneville Unit's Definite Plan Report. Drought and climate change are having a significant effect on water resources in the Western United States including impacts to the Great Salt Lake. Should Congress enact this legislation, the Department will consider additional water conservation measures, including in the Great Salt Lake drainage basin, while continuing to prioritize construction of the Central Utah Project. Changes in Existing Law In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill S. 1955, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992 Public Law 102-575 * * * * * * * TITLE II--CENTRAL UTAH PROJECT CONSTRUCTION SEC. 200. SHORT TITLE AND DEFINITIONS FOR TITLES II-VI. (a) Short Title.--Titles II through VI of this Act may be cited as the ``Central Utah Project Completion Act''. * * * * * * * SEC. 212. SURPLUS CROPS. * * * * * * * SEC. 213. WATER CONSERVATION MEASURES IN THE GREAT SALT LAKE BASIN. (a) In General.--The Secretary may use any unexpended budget authority provided under subsections (a)(2) and (c) of section 202 for the conduct of water conservation measures within the Great Salt Lake basin in accordance with section 207. (b) Compliance with Definite Plan Report.--Any water conservation measure conducted under subsection (a) shall be considered to be compliant with the Definite Plan Report completed under section 205(a). (c) Completion of Project.--In accordance with section 207, the Secretary shall ensure that water conservation measures conducted under subsection (a) do not interfere with the completion of the project under this Act. * * * * * * *