99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–666

DENVER WATER REUSE PROJECT

SEPTEMBER 23, 2002.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany S. 491] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill (S. 

491) to authorize the Secretary of the Interior, pursuant to the provisions of the Reclamation Wastewater and Groundwater Study 

and Facilities Act to participate in the design, planning, and construction of the Denver Water Reuse project, having considered the 

same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 491 is to authorize the Secretary of the Interior, pursuant to the provisions of the Reclamation Wastewater and 

Groundwater Study and Facilities Act, to participate in the design, 

planning, and construction of the Denver Water Reuse project. 

BACKGROUND AND NEED FOR LEGISLATION

A continually growing population in conjunction with the natural 

scarcity of fresh water make the discovery of new and untapped 

sources of water important to provide for the future. Recycled 

water is desirable because there is a constant supply, and, although recycled water is mostly used in irrigation and industry, it 

relieves pressure on local streams and aquifers that currently provide water for municipal and industrial use. The importance of this 

resource was officially recognized in 1992 by the passing of Public 

law 102–575. Title XVI of this law, also known as the Reclamation 

Wastewater and Groundwater Study and Facilities Act, authorized 

the Bureau of Reclamation to participate in the construction of five 

water recycling projects. Since 1992, the Act has been revised to inVerDate Sep 04 2002 08:10 Sep 24, 2002 Jkt 099006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR666.XXX HR666
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clude several other projects. S. 491 would authorize one more 

project under title XVI. 

Title XVI has three prerequisites that must be met before appropriation of funds can take place. First, either the Bureau of Reclamation or the non-federal project sponsor must complete a feasibility study. Second, the non-federal sponsor must demonstrate 

that it is financially capable of funding its share. Third, the Bureau 

must ensure completion of appropriate environmental compliance 

under the National Environmental Policy Act. S. 491 provides for 

cost-sharing to fund the costs of complying with these prerequisites 

and the design, planning, and construction of a wastewater reclamation facility in Denver, Colorado. 

Colorado is in the midst of the most severe drought the State has 

experienced in 100 years while at the same time facing unprecedented forest fires. S. 491 will provide assistance to the Denver 

Water Department of the city and county of Denver, Colorado, for 

planning, design, and construction of facilities to provide a reliable 

water supply and help mitigate future droughts. 

COMMITTEE ACTION

S. 491 was introduced on March 8, 2001, by Senator Ben 

Nighthorse Campbell (R–CO). On September 4, 2001, the Senate 

passed the bill with an amendment by unanimous consent. In the 

House of Representatives, the bill was referred to the Committee 

on Resources, and within the Committee to the Subcommittee on 

Water and Power. On September 12, 2002, the Full Resources 

Committee met to consider the bill. By unanimous consent, the 

Subcommittee on Water and Power was discharged from further 

consideration of S. 491. No amendments were offered and the bill 

was ordered favorably reported to the House of Representatives by 

unanimous consent. 

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 

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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 design, planning, and construction of the 

Denver Water Reuse 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:

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 19, 2002. 

Hon. JAMES V. HANSEN, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 491, an act to authorize the 

Secretary of the Interior, pursuant to the provisions of the Reclamation Wastewater and Groundwater Study and Facilities Act to 

participate in the design, planning, and construction of the Denver 

Water Reuse project. 

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

to provide them. The CBO staff contact is Julie Middleton. 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

S. 491—An act to authorize the Secretary of the Interior, pursuant 

to the provisions of the Reclamation Wastewater and Groundwater Study and Facilities Act to participate in the design, 

planning, and construction of the Denver Water Reuse project 

Summary: S. 491 would authorize the Secretary of the Interior 

to participate in the design, planning, and construction of the Denver Water Reuse Project. This project would recycle wastewater for 

the city and county of Denver, Colorado. Based on information from 

the Bureau of Reclamation, CBO estimates that implementing S. 

491 would cost $23 million over the 2003–2005 period, assuming 

appropriation of the necessary amounts. S. 491 would not affect direct spending or receipts; therefore, pay-as-you-go procedures 

would not apply. 

S. 491 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA). State 

and local governments might incur some costs to match the federal 

funds authorized by this act, but these costs would be voluntary. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 491 is shown in the following table. The costs 

of this legislation fall within budget function 300 (nature resources 

and environment).

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By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

Estimated authorization level ...................................................... 0 10 13 0 0 0

Estimated outlays ......................................................................... 0 5 10 8 0 0

Basis of estimate: For this estimate, CBO assumes that S. 491 

will be enacted near the start of fiscal year 2003 and that the necessary funds will be appropriated for each year. Based on information from the Bureau of Reclamation, CBO estimates that the total 

Denver Water Reuse project would cost $140 million. S. 491 would 

allow any funds appropriated under section 1631 of the Reclamation Wastewater and Groundwater Study and Facilities Act to be 

used for the project. That act limits the federal contribution to 25 

percent of a project’s total cost, but no more than $20 million, as 

adjusted for inflation since October 1996. Because 25 percent of the 

Denver Water Reuse project’s total cost would exceed this threshold, CBO estimates that implementing S. 491 would involve a federal contribution of $23 million over the 2003–2005 period. S. 491 

would not authorize the federal government to fund the operation 

and maintenance of the project. 

Pay-as-you-go considerations: None. 

Intergovernmental and private-sector impact: S. 491 contains no 

intergovernmental or private-sector mandates as defined in UMBA. 

State and local governments might incur some costs to match the 

federal funds authorized by this act, but these costs would be voluntary. 

Previous CBO estimate: On May 31, 2001, CBO prepared a cost 

estimate for S. 491 as ordered reported by the Senate Committee 

on Energy and Natural Resources on May 16, 2001. The two 

versions of the legislation are identical, and our estimates of cumulative costs are the same. The earlier estimate assumed an earlier 

enactment and implementation of S. 491 over the 2002–2004 period, however, this estimate assumes implementation would occur 

over the 2003–2005 period. 

Estimate prepared by: Federal costs: Julie Middleton; impact on 

State, local, and tribal governments: Marjorie Miller; impact on the 

private sector: Lauren Marks. 

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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