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[House Report 108-649]
[From the U.S. Government Publishing Office]

108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-649

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AUTHORIZATION OF MOKELUMNE RIVER REGIONAL WATER STORAGE AND CONJUNCTIVE 
                           USE PROJECT STUDY

                                _______
                                

 September 7, 2004.--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. 4045]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4045) to authorize the Secretary of the Interior to 
prepare a feasibility study with respect to the Mokelumne 
River, and for other purposes, 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. AUTHORIZATION OF MOKELUMNE RIVER REGIONAL WATER STORAGE AND 
                    CONJUNCTIVE USE PROJECT STUDY.

   Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts 
amendatory thereof and supplemental thereto, the Secretary of the 
Interior (hereafter in this Act referred to as the ``Secretary'') is 
authorized to prepare a feasibility study entitled the ``Mokelumne 
River Regional Water Storage and Conjunctive Use Project Study'' for a 
project to provide additional water supply and improve water management 
flexibility through the development of new water storage and 
conjunctive use programs.

SEC. 2. USE OF REPORTS AND OTHER INFORMATION.

   In developing the Mokelumne River Regional Water Storage and 
Conjunctive Use Project Study, the Secretary shall use, as appropriate, 
reports and any other relevant information supplied by the Mokelumne 
River Water and Power Authority, the East Bay Municipal Utility 
District and other stakeholders.

SEC. 3. DEADLINE.

  The Secretary shall complete the Mokelumne River Regional Water 
Storage and Conjunctive Use Project Study and provide copies of that 
study to the Committee on Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate not later 
than 2 years after the date of the enactment of this Act.

SEC. 4. COST SHARES.

  (a) Federal Share.--The Federal share of the costs of the Mokelumne 
River Regional Water Storage and Conjunctive Use Project Study shall 
not exceed 50 percent of the total cost of the study.
  (b) In-Kind Contributions.--The Secretary shall accept, as 
appropriate, such in-kind contributions of goods or services from the 
Mokelumne River Water and Power Authority as the Secretary determines 
will contribute to the conduct and completion of the Mokelumne River 
Regional Water Storage and Conjunctive Use Project Study. Goods and 
services accepted under this section shall be counted as part of the 
non-federal cost share for that study.

SEC. 5. WATER RIGHTS.

  Nothing in this Act shall be construed to invalidate, preempt, or 
create any exception to State water law, State water rights, or Federal 
or State permitted activities or agreements.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated to the Secretary $3,000,000 
for the Federal cost share of the Mokelumne River Regional Water 
Storage and Conjunctive Use Project Study.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4045 is to authorize the Secretary of 
the Interior to prepare a feasibility study with respect to the 
Mokelumne River.

                  BACKGROUND AND NEED FOR LEGISLATION

    In San Joaquin County, California, the ability to meet the 
water demands of a rapidly growing population is complicated by 
a highly significant groundwater overdraft and associated 
saline intrusion from the San Francisco Bay-Sacramento-San 
Joaquin Delta. These water supply issues have prompted local 
governments and water agencies to seek a more dependable and 
reliable water supply for the region. As a result, many have 
looked to capture flood flows on the Mokelumne River as a 
primary method to provide added water supply.
    Known as the ``Mokelumne River Regional Water Storage and 
Conjunctive Use Project,'' this effort examines the possibility 
of capturing Mokelumne flood flows to develop off-stream 
storage and conjunctive use programs in San Joaquin County. 
Benefits could include up to 90,000 acre feet of added yield as 
a result of a combination of capturing flood flows and 
developing conjunctive use programs, according to the Project's 
supporters. Currently, the Project is in the planning stages at 
the local level.
    H.R. 4045 authorizes federal assistance in this planning 
effort. As ordered reported, the bill authorizes the Secretary 
of the Interior to prepare a feasibility study to determine how 
and if the federal government could help provide additional 
water supply through the Project. Using directives and 
standards under longstanding Bureau of Reclamation guidelines, 
the feasibility study process will examine such items as 
current problems, needs and potential impacts, evaluation of 
resource capabilities, formulation of alternative plans, 
analysis and comparison of alternatives, plan selection and the 
identification of present and future conditions, including 
State-adjudicated water rights, and federal or State permitted 
activities or agreements. During a hearing on the bill, the 
Committee strongly emphasized that existing water and property 
rights associated with the East Bay Municipal Utility District 
and other stakeholders on the Mokelumne River be protected 
throughout this process. During Subcommittee and Committee 
markups, language was added to the bill to reinforce these 
protections. As such, the Committee expects the Secretary to 
protect these rights by working cooperatively with those 
stakeholders.
    The bill also directs the Secretary to deliver the 
feasibility study to Congress no later than two years after 
enactment. The bill, as ordered reported, directs the Secretary 
to accept reports and other relevant information, as 
appropriate, from the Mokelumne River Water and Power 
Authority, the East Bay Municipal Utility District, and other 
stakeholders to prepare the feasibility study. In conducting 
the feasibility study, the Secretary may also accept, as 
appropriate, in-kind contributions of goods and services from 
the Authority and count such contributions as part of the non-
federal cost share of the study. Since the Authority's 
extensive local planning and significant expenditures have 
already been conducted at the pre-feasibility study level, the 
Committee expects that the Secretary will utilize this 
knowledge and provide reimbursement funding, when necessary and 
appropriate. The federal government would assume a 50% maximum 
cost share for the feasibility study, with $3 million 
authorized to be appropriated in the bill for this purpose.

                            COMMITTEE ACTION

    House Resources Committee Chairman Richard Pombo (R-CA) 
introduced H.R. 4045 on March 25, 2004. The bill was referred 
to the Committee on Resources and within the Committee to the 
Subcommittee on Water and Power. On May 18, 2004, the 
Subcommittee held a hearing on the bill. On June 16, 2004, the 
Subcommittee met to mark up the bill. Subcommittee Chairman Ken 
Calvert (R-CA) offered an amendment in the nature of a 
substitute to strike the underlying bill's appraisal study 
references, re-emphasize State water law, add public input 
provisions, reduce the bill's cost and make technical changes. 
The amendment was adopted by unanimous consent and the bill was 
forwarded to the Full Resources Committee by unanimous consent. 
On July 14, 2004, the Full Resources Committee met to mark up 
the bill. Chairman Pombo offered an amendment to further 
protect State water rights, as well as federal or State 
permitted activities or agreements. The amendment was adopted 
by unanimous consent and the bill as amended was favorably 
reported to the House of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Authorization of Mokelumne River Regional Water Storage and 
        Conjunctive Use Project Study

    This section authorizes the Secretary of the Interior to 
prepare a feasibility study entitled the ``Mokelumne River 
Regional Water Storage and Conjunctive Use Project Study'' for 
additional water supply and water management flexibility 
purposes.

Section 2. Use of reports and other information

    In developing the feasibility study, the Secretary is 
authorized to use reports and other relevant information 
supplied by the Mokelumne River Water and Power Authority, the 
East Bay Municipal District and other stakeholders.

Section 3. Deadline

    No later than two years after enactment of this bill, the 
Secretary is directed to complete the feasibility study and 
provide copies of the study to the House Committee on Resources 
and Senate Energy and Natural Resources Committee.

Section 4. Cost shares

    This section states that the federal cost share of the 
study shall not exceed 50%. The section also directs the 
Secretary to accept in-kind contributions from the Mokelumne 
River Water and Power Authority, as appropriate. Such 
contribution shall be counted as part of the non-federal cost 
share for the study.

Section 5. Water rights

    This section specifies that nothing in the bill shall be 
construed to invalidate, preempt or create any exception to 
State water law, State water rights, or federal or State 
permitted activities or agreements.

Section 6. Authorization of appropriations

    This section authorizes $3 million in federal funding to 
complete the Mokelumne River Regional Water Storage and 
Conjunctive Use Project Study.

            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 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 prepare a feasibility study with respect to the 
Mokelumne River.
    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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4045, a bill to 
authorize the Secretary of the Interior to prepare a 
feasibility study with respect to the Mokelumne River, and for 
other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 4045--A bill to authorize the Secretary of the Interior to prepare 
        a feasibility study with respect to the Mokelumne River, and 
        for other purposes

    Summary: H.R. 4045 would authorize the appropriation of $3 
million for a study to determine the feasibility of 
constructing a water storage project on the Mokelumne River in 
California. The federal share of the cost of the study would 
not exceed 50 percent.
    Assuming appropriation of the authorized amount, CBO 
estimates that implementing H.R. 4045 would cost $3 million 
over the 2005-2006 period. Enacting this bill would not affect 
direct spending or revenues.
    H.R. 4045 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. Any state or local government choosing to 
participate in this study would do so voluntarily.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4045 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    For this estimate, CBO assumes that H.R. 4045 will be 
enacted near the end of fiscal year 2004 and that the 
authorized amount will be appropriated in 2005. Based on 
historical spending patterns of similar projects, CBO estimates 
that implementing this bill would cost $3 million over the 
2005-2006 period.

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2005      2006      2007      2008      2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level...........................................         3         0         0         0         0
Estimated Outlays.............................................         2         1         0         0         0
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 4045 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Any state or local government choosing to 
participate in this study would do so voluntarily.
    Estimate prepared by: Federal Costs: Julie Middleton (226-
2860); Impact on State, Local, and Tribal Governments: Marjorie 
Miller; and Impact on the Private Sector: Amina Masood.
    Estimate 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.

                                  
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