79–010

Calendar No. 855

106TH CONGRESS REPORT

2d Session " ! SENATE 106–433

USE OF SOLANO PROJECT FACILITIES FOR IMPOUNDING,

STORAGE, AND CARRIAGE OF NONPROJECT WATER

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany H.R. 1235]

The Committee on Energy and Natural Resources, to which was

referred the act (H.R. 1235) to authorize the Secretary of the Interior to enter into contracts with the Solano County Water Agency,

California, to use Solano Project facilities for impounding, storage,

and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes, having considered the same,

reports favorably thereon without amendment and recommends

that the act do pass.

PURPOSE OF THE MEASURE

H.R. 1235 authorizes the Secretary of the Interior to enter into

contracts, pursuant to the Warren Act, with the Solano County

Water Agency, or any of its member unit contractors for water from

the Solano Project for impounding, storage, and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes, using Solano Project facilities. The Secretary may

also enter into contracts for the exchange of water among Solano

Project contractors for the same purposes, using Solano Project facilities. The authorization is limited to facilities downstream of

Mile 26 of the Putah South Canal.

BACKGROUND AND NEED

The city of Vallejo, California has requested congressional approval of its proposal to use excess capacity in a Bureau of Reclamation project canal, the Putah South Canal. The city wants to

move part of its untreated municipal water supply to a new water

treatment plant and needs legislation because of a limitation in

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federal law that currently prohibits the city from sharing space in

an existing Federal water delivery canal.

The Putah South Canal, which serves the Federal Solano Project,

was constructed between 1956 and 1959. It is approximately 32

miles in length and has a capacity of 956 cubic feet per second. In

addition to providing irrigation water, the canal conveys municipal

and industrial water for Vacaville, Fairfield, Suisun, and Vallejo,

as well as neighboring military installations. Enactment of this legislation will permit the city of Vallejo to negotiate and sign a Warren Act contract to wheel some of its water supply from the city’s

Lake Curry storage reservoir through a portion of the Putah South

Canal. In doing so, the city will be able to keep its current water

right permit active. Vallejo’s proposal has been negotiated with the

Solano Water Authority and other Solano Project water users, including the city of Fairfield. Vallejo is prepared to pay all appropriate charges for the use of the Canal.

LEGISLATIVE HISTORY

H.R. 1235 passed the House of Representatives by a voice vote

on November 1, 1999. The Subcommittee on Water and Power held

a hearing on H.R. 1235 on March 22, 2000. At its business meeting

on September 20, 2000, the Committee on Energy and Natural Resources ordered H.R. 1235 favorably reported.

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 29, 2000, by a unanimous voice with a

quorum present, recommends that the Senate pass H.R. 1235 as

described herein.

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided

by the Congressional Budget Office.

H.R. 1235—A bill to authorize the Secretary of the Interior to enter

into contracts with the Solano County Water Agency, California, to use Salano Project facilities for impounding, storage,

and carriage of nonproject water for domestic, municipal, industrial, and other beneficial purposes

CBO estimates that implementing H.R. 1235 would not have a

significant impact on the federal budget. According to the Bureau

of Reclamation, the authority that would be granted by H.R. 1235

would be used for transporting water to the city of Vallejo from an

existing storage facility. CBO estimates that this action would increase the cost of operating and maintaining the project by less

than $50,000 a year beginning in fiscal year 2001. These amounts

would be subject to appropriation and would be reimbursed by the

municipality in the year the costs are incurred. Payments from the

city would be deposited in the Treasury as offsetting receipts (a

credit against direct spending). CBO estimates that these receipts

would be less than $50,000 a year. Because the bill would affect direct spending, pay-as-you-go procedures would apply. H.R. 1235

contains no intergovernmental or private-sector mandates as deVerDate 11-MAY-2000 16:16 Sep 29, 2000 Jkt 079010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR433.XXX pfrm01 PsN: SR433
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fined in the Unfunded Mandates Reform Act and would impose no

costs on state, local, or tribal governments.

The CBO staff contacts are Megan Carroll (for federal costs) and

Marjorie Miller (for the state and local impact). This estimate was

approved by Peter H. Fontaine, Deputy Assistant Director for

Budget Analysis.

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

H.R. 1235. 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 H.R. 1235, as ordered reported.

EXECUTIVE COMMUNICATIONS

On August 8, 2000, the Committee on Energy and Natural Resources requested legislative reports from the Department of the

Interior and the Office of Management and Budget setting forth

Executive agency recommendations on H.R. 1235. These reports

had not been received at the time the report on H.R. 1235 was

filed. When the reports become available, the Chairman will request that they be printed in the Congressional Record for the advice of the Senate. The testimony provided by the Commissioner of

the Bureau of Reclamation at the Subcommittee hearing follows:

STATEMENT OF ELUID L. MARTINEZ, COMMISSIONER,

BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR

H.R. 1235 authorizes the Secretary of the Interior to

contract with the Solano County Water Agency or any of

its member unit contractors to use the Bureau of Reclamation’s Solano Project facilities for impounding, storing and

carrying nonproject water. Section 1(b) includes a provision limiting where on the Solano Project the water may

be used.

This legislation would enable the city of Vallejo, California to use the Solano Project to transport, store and

carry nonproject water. The Department supports this legislation provided that the City will appropriately reimburse the Bureau for the full cost of using Reclamation facilities as required by the Warren Act. It also requests that

report language be added to make clear that the bill does

not intend to facilitate development of any permanent storage right in Federal facilities.

The Department believes that broadening the Warren

Act to allow transport of non-project water for purposes

other than irrigation may be generally desirable for all

Reclamation projects, as it would provide additional flexibility to meet water supply needs.

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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing

Rules of the Senate, the Committee notes that no changes in existing law are made by the Act H.R. 1235, as ordered reported.

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