69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–634 

LAKE HODGES SURFACE WATER IMPROVEMENT AND 

RECLAMATION ACT OF 2008 

MAY 13, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2649] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2649) to make amendments to the Reclamation Projects 

Authorization and Adjustment Act of 1992, having considered the 

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

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Lake Hodges Surface Water Improvement and Reclamation Act of 2008’’. 

SEC. 2. PROJECT AUTHORIZATION. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) is amended by 

inserting after section 16llthe following: 

‘‘SEC. 16ll. LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the Olivenhain Municipal Water District, California, is authorized to participate in the design, planning, 

and construction of projects to treat, reclaim, and reuse impaired surface water from 

Lakes Hodges in San Diego County, California. 

‘‘(b) COST SHARE.—The Federal share of the costs of the projects authorized by 

this section shall not exceed 25 percent of the total cost. 

‘‘(c) LIMITATION.—The Secretary shall not provide funds for the operation or maintenance of a project authorized by this section.’’. 


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(b) CLERICAL AMENDMENT.—The table of sections in section 2 of the Reclamation 

Projects Authorization and Adjustment Act of 1992 is amended by inserting after 

the item relating to section 163ll the following: 

‘‘Sec. 163ll. Lake Hodges surface water improvement and reclamation project.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 2649 is to make amendments to the Reclamation Projects Authorization and Adjustment Act of 1992. 

BACKGROUND AND NEED FOR LEGISLATION

The Lake Hodges Surface Water Improvement and Reclamation 

Project will provide a new source of water to the Olivenhain Water 

Treatment Plant. The treatment plant currently uses membrane 

water purification technology to create drinking water from a mixture of local water sources, including the Colorado River and the 

California State Water Project. 

The Lake Hodges Surface Water Improvement and Reclamation 

Project will pre-treat and deliver impaired surface water from nearby Lake Hodges not currently available for consumptive use. Lake 

Hodges was added to the list of impaired water bodies by the California State Water Resources Control Board in 2003. Once complete, the project will pre-treat 13,000 acre feet of Lake Hodges 

water, and provide a new local water supply to the region. 

The plant is part of the North San Diego County Area Water Recycling Project. This larger water recycling system is the result of 

a cooperative effort by the San Elijo Joint Powers Authority, the 

Carlsbad Municipal Water District, the Olivenhain Municipal 

Water District, and the Leucadia Wastewater District. It consists 

of planning, design, and construction of facilities to reclaim and 

reuse approximately 15,350 acre-feet of water annually in the 

North San Diego County area to reduce the region’s dependence on 

imported water supplies and wastewater discharges to the ocean. 

The Lake Hodges Surface Water Improvement and Reclamation 

Project is expected to add to the capacity of the system by providing more water to the approximately 58,000 customers the 

Olivenhain Municipal Water District serves in North San Diego 

County. 

COMMITTEE ACTION

H.R. 2649 was introduced on June 11, 2007, by Rep. Brian 

Bilbray (R–CA). The bill was referred to the Committee on Natural 

Resources, and within the Committee to the Subcommittee on 

Water and Power. Identical legislation was the subject of a Water 

and Power Subcommittee hearing in the 109th Congress on July 

12, 2006. 

On April 23, 2008, the Subcommittee met to mark up the bill. 

Chairwoman Grace Napolitano (D–CA) offered an amendment in 

the nature of a substitute to rename the short title of the bill the 

Lake Hodges Surface Water Improvement and Reclamation Project, 

and to authorize the project under Title XVI of Public Law 102–

575. It was adopted by unanimous consent. The bill was then forwarded to the Full Committee by unanimous consent. 

On April 30, 2008, the Full Natural Resources Committee met to 

consider the bill. The bill as amended by the Subcommittee on 


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Water and Power was ordered favorably reported to the House of 

Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that the legislation may be cited as the ‘‘Lake 

Hodges Surface Water Improvement and Reclamation Act of 2008.’’

Section 2. Project authorization 

Section 2(a) amends the Reclamation Wastewater and Groundwater Study and Facilities Act to include the Lake Hodges Surface 

Water Improvement and Reclamation Project. 

This section also authorizes the Secretary to participate in the 

planning, design, and construction of the project; limits the federal 

share of the cost of the project to 25%; and prohibits federal funds 

from being used in the operation and maintenance of the project. 

Section 2(b) provides a clerical amendment to the table of sections in the Reclamation Projects Authorization and Adjustment 

Act of 1992. 

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 

Natural 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 make amendments to the Reclamation Projects Authorization and Adjustment Act of 1992. 

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: 


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H.R. 2649—Lake Hodges Surface Water Improvement and Reclamation Act of 2008 

Summary: H.R. 2649 would authorize the Secretary of the Interior to help plan, design, and construct projects to treat, reclaim, 

and reuse water from Lake Hodges in San Diego County, California. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing H.R. 2649 would cost $14 million over the 

2009–2013 period. Enacting the legislation would not affect direct 

spending or revenues. 

H.R. 2649 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. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2649 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— 

2009 2010 2011 2012 2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .................................................. 4 5 5 0 0 

Estimated Outlays ..................................................................... 2 4 6 2 0 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted by the beginning of fiscal year 2009 and that 

the necessary amounts will be appropriated for each year. 

H.R. 2649 would authorize the Secretary of the Interior to help 

plan, design, and construct projects to treat, reclaim, and reuse 

water from Lake Hodges in San Diego County, California. Based on 

information from the Department of the Interior, CBO estimates 

that the total cost of those projects would be $56 million. 

Under the legislation, the Federal share of those costs would be 

limited to the lesser of 25 percent or $14 million. Federal funds 

would not be available for operating and maintaining the projects. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing the legislation would cost $14 million 

over the 2009–2013 period. 

Intergovernmental and private-sector impact: H.R. 2649 contains 

no intergovernmental or private-sector mandates as defined in 

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

Estimate prepared by: Federal costs: Tyler Kruzich; Impact on 

State, local, and tribal governments: Melissa Merrell; Impact on 

the private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 


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EARMARK STATEMENT

H.R. 2649 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

RECLAMATION PROJECTS AUTHORIZATION AND 

ADJUSTMENT ACT OF 1992 

(Public Law 102–575) 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Reclamation Projects Authorization 

and Adjustment Act of 1992’’. 

SEC. 2. DEFINITION AND TABLE OF CONTENTS. 

For purposes of this Act, the term ‘‘Secretary’’ means the Secretary of the Interior. 

TABLE OF CONTENTS 

Sec. 1. Short title. 

* * * * * * * 

TITLE XVI—RECLAMATION WASTEWATER AND GROUND WATER STUDIES 

Sec. 1601. Short title. 

* * * * * * * 

Sec. 163ll. Lake Hodges surface water improvement and reclamation project. 

* * * * * * * 

TITLE XVI—RECLAMATION WASTEWATER AND 

GROUNDWATER STUDIES 

SEC. 1601. SHORT TITLE. 

This title may be referred to as the ‘‘Reclamation Wastewater 

and Groundwater Study and Facilities Act’’. 

* * * * * * * 

SEC. 16ll. LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION PROJECT. 

(a) AUTHORIZATION.—The Secretary, in cooperation with the 

Olivenhain Municipal Water District, California, is authorized to 

participate in the design, planning, and construction of projects to 

treat, reclaim, and reuse impaired surface water from Lakes Hodges 

in San Diego County, California. 

(b) COST SHARE.—The Federal share of the costs of the projects 

authorized by this section shall not exceed 25 percent of the total 

cost. 


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(c) LIMITATION.—The Secretary shall not provide funds for the operation or maintenance of a project authorized by this section. 

* * * * * * * 

Æ 


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