49–010 

Calendar No. 310 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–192 

WICHITA PROJECT EQUUS BEDS DIVISION 

AUTHORIZATION ACT OF 2005 

DECEMBER 8, 2005.—Ordered to be printed 

Filed under authority of the order of the Senate of November 18, 2005 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1025] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1025) to amend the Act entitled ‘‘An Act to provide for the construction of the Cheney division, Wichita Federal 

reclamation project, Kansas, and for other purposes’’ to authorize 

the Equus Beds Division of the Wichita Project, having considered 

the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

On page 3, lines 14 and 15, strike ‘‘, including principles and 

guidelines used in preparing feasibility level project studies’’. 

PURPOSE OF MEASURE

The purpose of S. 1025 is to authorize the Secretary of the Interior to assist in the funding and implementation of the Equus Beds 

Aquifer Storage and Recharge Project as a division of the Wichita 

Federal reclamation project. 

BACKGROUND AND NEED

Since the 1940s, the Equus Beds Aquifer has supplied water to 

the city of Wichita, Kansas. The water supplied from the aquifer 

is used as follows: 55 percent for irrigation; 39 percent for municipal needs; and six percent for industrial purposes. Excessive 

pumping from the aquifer has resulted in a groundwater decline of 

up to 40 feet. The aquifer is further threatened by saltwater conVerDate Aug 31 2005 06:37 Dec 10, 2005 Jkt 049010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR192.XXX SR192
2 

tamination from oilfield brine contamination left over from a 1930s 

development project and natural saltwater from the Arkansas 

River. 

In 1993, Wichita prepared a Water Supply Plan designed to meet 

the city’s future water supply needs through the year 2050—when 

it is estimated that such water needs will have doubled from today’s requirements. The Equus Beds Aquifer Storage and Recharge 

Project (Project) is an integral component of the city’s Plan. 

Because water rights in the Little Arkansas River have already 

been allocated, the proposed Project would capture the excess river 

flows after it rains or snows. This captured water would in turn be 

used to recharge the groundwater in the Equus Beds Aquifer. The 

recharge would enhance the aquifer’s water quality and protect it 

from saltwater plumes. The proposed Project would also increase 

the storage and supply capability of the Bureau of Reclamation’s 

(Bureau) Wichita Project, for the benefit of the city’s municipal and 

industrial water customers. According to the bill’s proponents, the 

Little Arkansas River will also benefit, because base flows in the 

river will improve as water levels in the aquifer rise. 

Together with the Bureau and the U.S. Geological Survey, the 

city completed a five-year Demonstration Project on its capture and 

recharge proposal. The city has also completed a Draft Environmental Impact Statement for the Water Supply Plan. 

LEGISLATIVE HISTORY

S. 1025 was introduced by Senator Roberts on May 12, 2005, and 

referred to the Committee on Energy and Natural Resources. The 

Water and Power Subcommittee held a hearing on S. 1025 on October 6, 2005. At the business meeting on November 16, 2005, the 

Committee on Energy and Natural Resources ordered S. 1025 favorably reported, with an amendment. 

H.R. 1327, companion legislation to S. 1025, was introduced by 

Representative Tiahrt on March 15, 2005, and referred to the 

House Committee on Resources. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on November 16, 2005, by unanimous voice vote of a 

quorum present, recommends that the Senate pass S. 1025, if 

amended as described herein. 

COMMITTEE AMENDMENT

An amendment was adopted to eliminate redundant language. 

SECTION-BY-SECTION ANALYSIS

Section 1 sets forth the short title. 

Section 2 amends ‘‘An Act to provide for the construction of the 

Cheney division, Wichita Federal reclamation project, Kansas, and 

for other purposes’’ (P.L. 86–787) by adding the following new section 10 to the Act regarding the Equus Beds Division: 

Section 10 (a) authorizes the Secretary of the Interior to assist 

in the funding and implementation of Equus Beds Aquifer Recharge and Recovery Component of the city of Wichita’s Water SupVerDate Aug 31 2005 05:21 Dec 10, 2005 Jkt 049010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR192.XXX SR192
3 

ply Plan. The Project’s construction is to be done in substantial accordance with the plans and designs. 

Subsection (b) assigns sole responsibility for the Project’s operation, maintenance, and replacement, including any associated 

costs for those functions, to the city of Wichita and specifies that 

such operations shall be done in accordance with applicable laws 

and regulations. 

Subsection (c) authorizes the Secretary to enter into cooperative 

agreements or other appropriate agreements, including any amendments thereto, to carry out this Project. 

Subsection (d) authorizes the Secretary to charge an appropriate 

share of administrative costs from available funds. 

Subsection (e) directs the Secretary, before obligating any funds 

for design or construction, to work cooperatively with the city of 

Wichita in an attempt to use any plans, designs, and engineering 

and environmental analyses that have already been prepared by 

the city for the Project. The use of such information must be in accordance with applicable Federal laws and regulations. 

Subsection (f) makes clear that the United States will not hold 

title to the Project. 

Subsection (g) authorizes appropriations in an amount not to exceed 25 percent of the Project’s total cost or $30 million (using January 2003 prices), whichever is less. 

This includes any amounts that may be justified due to construction cost fluctuations. These sums are nonreimbursable. 

Subsection (h) terminates the Secretary’s authority to carry out 

these duties 10 years after the date of enactment of the Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

DECEMBER 7, 2005. 

Hon. PETE V. DOMENICI, Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1025, the Wichita Project 

Equus Beds Division Authorization Act of 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Rachel Milberg. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, 

Director. 

Enclosure. 

S. 1025—Wichita Project Equus Beds Division Authorization Act of 

2005 

Summary: S. 1025 would authorize the Secretary of the Interior 

to participate in the funding and implementation of the Equus 

Beds Aquifer Recharge project in Wichita, Kansas. This aquifer is 

a primary source of water for the city of Wichita, along with the 

Cheney Reservoir. The legislation would limit the federal share of 

4 

the project’s cost to 25 percent of total costs, or a maximum of $30 

million, plus adjustments for inflation. 

Assuming appropriation of the authorized amount, CBO esti- mates that implementing this bill would cost $15 million over the 

2007–2010 period and another $20 million after 2010, including adjustments for anticipated inflation. Enacting S. 1025 would not affect direct spending or revenues. 

S. 1025 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. 

The funds authorized in the bill would benefit the city of Wichita. 

Any costs incurred by the city for operating and maintaining the 

project would be incurred voluntarily. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1025 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— 

2006 2007 2008 2009 2010 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated authorization level ................................................... 0 5 5 5 5 

Estimated outlays ..................................................................... 0 1 3 5 6 

Basis of estimate: For this estimate, CBO assumes that S. 1025 

will be enacted in fiscal year 2006 and that the authorized 

amount—including adjustments for inflation—will be appropriated 

in equal amounts over the 2007–2013 period. 

Currently, the estimate of the project’s total cost is $120 million; 

therefore, under S. 1025, the federal share of the project’s current 

cost (before adjusting for inflation) would equal the maximum level 

of $30 million specified in the bill. After adjusting for anticipated 

inflation, CBO estimates that the federal share of the project would 

cost $35 million. 

Based on information from the Bureau of Reclamation and historical spending patterns of similar projects, CBO estimates that 

implementing this bill would cost $15 million over the 2007–2010 

period and another $20 million after 2010. 

Intergovernmental and private-sector impact: S. 1025 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

The funds authorized in the bill would benefit the city of Wichita. 

Any costs incurred by the city for operating and maintaining the 

project would be incurred voluntarily. 

Estimate prepared by: Federal costs: Rachel Milberg, impact on 

state, local, and tribal governments: Lisa Ramirez-Branum; impact 

on the private sector: Page Piper/Bach. 

Estimate 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 

5 

of the regulatory impact which would be incurred in carrying out 

S. 1025. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant 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. 648. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

Subcommittee hearing on S. 1025 follows: 

STATEMENT OF WILLIAM E. RINNE, DEPUTY COMMISSIONER

OF THE BUREAU OF RECLAMATION, DEPARTMENT OF THE

INTERIOR

Madam Chairman, I am William E. Rinne, Deputy Commissioner of the Bureau of Reclamation. I am pleased to 

present the Administration’s views on S. 1025, Senator 

Roberts’s bill to authorize the Equus Beds Division of the 

Wichita Project. Although the project has merit, budgetary 

constraints prevent the Administration from supporting 

the bill at this time. 

For water management purposes, S. 1025 would authorize this project as a division of the existing Wichita 

Project. The Equus Beds Division would recharge the 

groundwater in the Equus Beds Aquifer and would provide 

significant new underground water storage capacity for 

municipal and industrial water customers in the city of 

Wichita, Kansas without inundating large surface areas. 

This project would enhance the storage and supply capability of the Wichita Project, an above-ground reservoir 

built and owned by the Bureau of Reclamation. 

As a supplement to the existing Reclamation project, the 

Equus Beds Division is consistent with Reclamation’s current mission. The fact that S. 1025 caps the ultimate Federal cost at 25 percent, or $30 million whichever is less, 

limits uncertainty as to the ultimate federal share of the 

costs. 

Having partnered with the City of Wichita on an earlier 

groundwater recharge demonstration, Reclamation is familiar with the current proposal to recharge the groundwater in the Equus Beds Aquifer. Recharging the Equus 

Beds Aquifer has the potential to efficiently expand the effective amount of stored water that is ultimately available, 

because it significantly reduces losses due to surface evaporation. 

S. 1025 would require the city to pay 75 percent of the 

cost of development and 100 percent of operations and 

maintenance costs. The Federal government would not 

hold title to the facilities. 

Water rights for this project have been resolved. In 1998, 

the State issued the City of Wichita a conjunctive use 

6 

water rights permit that replaced and combined two previous city permits, one for the Wichita Project, the other 

for the Equus Beds Groundwater Aquifer. By combining 

the permits for these two resources into a single, integrated operation, the city can more effectively and economically deliver water to municipal and industrial customers. 

Madam Chairman, throughout the city’s planning process, including extensive public involvement with input 

from State and Federal agencies, no significant opposition 

to Equus Beds surfaced. However, given Reclamation’s already tight budget, we are not in a position to support the 

addition of this project to the list of unfunded projects already authorized and awaiting Federal funding. 

Madam Chairman, this concludes my testimony and I 

am pleased to answer any questions the Committee may 

have. 

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. 

1025, 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): 

AN ACT To provide for the construction of the Cheney division, Wichita Federal 

reclamation project, Kansas, and for other purposes (P.L. 86–787) 

* * * * * * * 

SEC. 10. EQUUS BEDS DIVISION. 

(a) AUTHORIZATION.—The Secretary of the Interior may assist in 

the funding and implementation of the Equus Beds Aquifer Recharge and Recovery Component which is a part of the ‘Integrated 

Local Water Supply Plan, Wichita, Kansas’ (referred to in this section as the ‘Equus Beds Division’). Construction of the Equus Beds 

Division shall be in substantial accordance with the plans and designs. 

(b) OPERATION, MAINTENANCE, AND REPLACEMENT.—Operation, 

maintenance, and replacement of the Equus Beds Division, including funding for those purposes, shall be the sole responsibility of the 

City of Wichita, Kansas. The Equus Beds Division shall be operated 

in accordance with applicable laws and regulations. 

(c) AGREEMENTS.—The Secretary of the Interior may enter into, or 

agree to amendments of, cooperative agreements and other appropriate agreements to carry out this section. 

(d) ADMINISTRATIVE COSTS.—From funds made available for this 

section, the Secretary of the Interior may charge an appropriate 

share related to administrative costs incurred. 

(e) PLANS AND ANALYSES CONSISTENT WITH FEDERAL LAW.—Before obligating funds for design or construction under this section, 

the Secretary of the Interior shall work cooperatively with the City 

of Wichita, Kansas, to use, to the extent possible, plans, designs, and 

engineering and environmental analyses that have already been prepared by the City for the Equus Beds Division. The Secretary of the 

7 

Interior shall assure that such information is used consistent with 

applicable Federal laws and regulations. 

(f) TITLE; RESPONSIBILITY; LIABILITY.—Nothing in this section or 

assistance provided under this section shall be construed to transfer 

title, responsibility, or liability related to the Equus Beds Division 

(including portions or features thereof) to the United States. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated as the Federal share of the total cost of the Equus 

Beds Division, an amount not to not exceed 25 percent of the total 

cost or $30,000,000 (January, 2003 prices), whichever is less, plus 

or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering 

cost indexes applicable to the type of construction involved herein, 

whichever is less. Such sums shall be nonreimbursable. 

(h) TERMINATION OF AUTHORITY.—The authority of the Secretary 

of the Interior to carry out any provision of this section shall terminate 10 years after the date of enactment of this section. 

* * * * * * * 

Æ