29–010 

Calendar No. 132 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–75 

RECLAMATION WASTEWATER AND GROUNDWATER 

STUDY AND FACILITIES 

JULY 15, 2013.—Ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 693] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 693) to amend the Reclamation Wastewater 

and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the City of Hermiston, Oregon, water recycling and reuse project, and for other purposes, 

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 2, after the item following line 17, add the following: 

SEC. 2. DEAUTHORIZATION OF WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT, OREGON. 

(a) IN GENERAL.—Section 1634 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h–16) is repealed. 

(b) CONFORMING AMENDMENT.—The table of contents of title XVI of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 

Stat. 4602) is amended by striking the item relating to section 1634. 

PURPOSE

The purpose of S. 693 is to amend the Reclamation Wastewater 

and Groundwater Study and Facilities Act (Title XVI) to authorize 

the Secretary of the Interior to participate in the Hermiston, Oregon water recycling and reuse project. 

BACKGROUND AND NEED

The Bureau of Reclamation certified the feasibility of the City of 

Hermiston’s water recycling and reuse project in April 2010 and 

that the project meets Title XVI eligibility requirements. The City 

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of Hermiston is located within an agricultural community in rural 

northeastern Oregon and plans to use half of the reclaimed water 

for irrigation purposes. The water is expected to irrigate approximately 600 acres of high value crops. Other benefits include decreasing the amount of groundwater currently pumped and the associated electricity costs which will help in the face of drought. The 

other half of the reclaimed water will be used as winter discharge 

for the Umatilla River. This will improve the quality of the water 

discharged into the river and improve habitat for sensitive 

salmonids. Additionally, the City will benefit from the project by 

enabling it to maintain compliance with its National Pollutant Discharge Elimination System discharge permit required by the State 

of Oregon. 

LEGISLATIVE HISTORY

S. 693 was introduced by Senator Wyden on April 10, 2013. The 

Subcommittee on Water and Power held a hearing on S. 693 on 

April 16, 2013. At its business meeting on May 16, 2013, the Committee ordered S. 693 favorably reported by voice vote as amended. 

In the 112th Congress, Senator Wyden introduced identical legislation, S. 1033. The Subcommittee on Water and Power held a 

hearing on June 23, 2011 (S. Hrg. 112–129). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 16, 2013, by a voice vote of a quorum 

present, recommends that the Senate pass S. 693, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 693, the Committee adopted an 

amendment to repeal the authorization of the Willow Lake Natural 

Treatment System Project in Oregon. 

SECTION-BY-SECTION ANALYSIS

Section 1 amends the Reclamation Wastewater and Groundwater 

Study and Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 

390h et seq.) by inserting language after section 1656 authorizing 

the Secretary in cooperation with the City of Hermiston, Oregon to 

participate in the design, planning, and construction of permanent 

facilities to reclaim and reuse water. The amendments provide that 

the Federal cost share shall not exceed 25 percent of the total costs, 

the Secretary shall not provide funds for operations and maintenance of the facility, and the table in section 2 of the Reclamation 

Projects Authorization and Adjustment Act of 1992 be amended to 

include the project. 

Section 2 deauthorizes the Willow Lake Natural Treatment System Project in Oregon by repealing section 1634 of the Reclamation 

Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 

390h–16). 

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COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of S. 693 has been provided by 

the Congressional Budget Office: 

S. 693—A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the 

Interior to participate in the City of Hermiston, Oregon, water 

recycling and reuse project, and for other purposes 

Summary: S. 693 would authorize the Bureau of Reclamation to 

participate in developing a project to reclaim and reuse groundwater in Hermiston, Oregon. The bill also would deauthorize the 

Willow Lake Natural Treatment System Project in Oregon. Assuming appropriation of the necessary amounts, CBO estimates that 

implementing S. 693 would cost $7 million over the 2014–2018 period. 

Pay-as-you-go procedures do not apply to this legislation because 

it would not affect direct spending or revenues. 

S. 693 contains no intergovernmental or private-sector mandates 

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

Estimated cost to the Federal Government: The estimated budgetary impact of S. 693 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— 

2014 2015 2016 2017 2018 2014– 

2018 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 7 0 0 0 0 7 

Estimated Outlays ........................................................................ 4 2 1 0 0 7 

Basis of estimate: For this estimate, CBO assumes that S. 693 

will be enacted near the beginning of fiscal year 2014 and that the 

federal share of the project’s costs will be appropriated in that year. 

Estimated outlays are based on historical spending patterns for 

similar water recycling projects. 

S. 693 would authorize the Bureau of Reclamation to design, 

plan, and construct water recycling facilities in Hermiston, Oregon. 

The federal share of the project’s costs would be limited to the lesser of 25 percent of the total project costs or $20 million. Based on 

information from the bureau, CBO estimates that the total cost of 

the project would be about $26 million. Under the bill, the federal 

share of the project’s costs would be about $7 million; the remaining $19 million would be the responsibility of local governments as 

would ongoing operation and maintenance of the facility. Assuming 

appropriation of the necessary amounts, CBO estimates that implementing S. 693 would cost $7 million over the 2014–2018 period. 

The bill would also deauthorize the Willow Lake Natural Treatment System Project. The project was authorized in 1998, and of 

the $600,000 appropriated for planning and coordination activities, 

less than $300,000 was expended. The project has been classified 

as inactive since 2011. CBO estimates that the deauthorization 

would have no impact on the budget. 

Pay-As-You-Go considerations: None. 

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Intergovernmental and private-sector impact: S. 693 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

The water project authorized by the bill would benefit the City of 

Hermiston, Oregon. Any costs the city might incur, including 

matching funds, would result from complying with conditions of 

federal assistance. 

Estimate prepared by: Federal Costs: Aurora Swanson; Impact 

on State, Local, and Tribal Governments: Lisa Ramirez-Branum; 

Impact on the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo; 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 

S. 693. 

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 S. 693, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 693, as reported, does not contain any congressionally directed 

spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the U.S. Department of the Interior 

at the April 16, 2013, Subcommittee on Water and Power hearing 

on S. 693 follows: 

STATEMENT OF ROBERT QUINT, SENIOR ADVISOR, BUREAU

OF RECLAMATION, DEPARTMENT OF THE INTERIOR

Chairman Schatz and Members of the Subcommittee, I 

am Bob Quint, Senior Advisor at the Bureau of Reclamation (Reclamation). I am pleased to provide the views of 

the Department of the Interior (Department) on S. 693, 

the City of Hermiston, Oregon, Water Recycling and Reuse 

Project. For reasons I will discuss below, the Department 

cannot support the bill. 

S. 693 would amend the Reclamation Wastewater and 

Groundwater Study and Facilities Act (Public Law 102– 

575, 43 U.S.C. 390h et seq.), commonly called Title XVI, to 

authorize the Secretary of the Interior to participate in the 

design, planning, and construction of permanent facilities 

needed to reclaim and reuse water in the City of 

Hermiston, Oregon. The project is being implemented by 

the City of Hermiston. 

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The City of Hermiston (City), located in north central 

Oregon, is one of the largest communities within Reclamation’s Umatilla Project area. The project proposed by the 

City includes upgrades and construction at their existing 

wastewater treatment facility and construction of a delivery system that would deliver recycled water to the West 

Extension Irrigation District. This recycled water would be 

used by the District to irrigate agricultural lands. By 2031, 

it is estimated that this proposed project would provide the 

District with approximately 2,000 to 3,000 acre-feet of 

drought resistant water supply during the irrigation season. The 2011 total estimated cost for this project was approximately $25.8 million. 

In January 2010, the City of Hermiston submitted their 

feasibility report to Reclamation for review under the Title 

XVI program. In April 2010, Reclamation’s review team 

completed the review and made the certification that the 

proposed project ‘‘meets requirements’’ as defined under 

section 1604 of Public Law 102–575, as amended. In 2011, 

Reclamation completed the determination of financial capability and communicated the final approval to the City. 

The City and Reclamation’s Pacific Northwest Region 

have completed Reclamation specific actions that are necessary for implementation of the proposed project. This includes environmental compliance, issuance of a license to 

the City granting authorization to construct, own, operate, 

and maintain their facility on Reclamation fee title land, 

and issuance of a permit allowing this water to be discharged into Reclamation’s West Main Canal. 

S. 693 would authorize the City of Hermiston’s project 

under Title XVI for Federal funding not to exceed 25 percent of the total cost of the project. 

While the Department supports efforts to increase local 

water supplies and increase recycled water use, this 

project would compete for funds with other needs within 

the Reclamation program, including other Title XVI 

projects currently under construction. In general, the Department supports the Title XVI Reclamation and Reuse 

program. The 2014 budget request includes funding for the 

Department’s WaterSMART Program, of which Title XVI 

is an important element, and the full 2014 request for 

WaterSMART is $35.4 million. 

As part of this total, the Department is requesting $14 

million to fund Title XVI projects selected through competitive funding opportunity processes which uses criteria 

finalized in 2010 to identify activities most closely aligned 

with Title XVI statutory and program goals. Reclamation 

plans to invite sponsors of Congressionally authorized Title 

XVI projects to submit applications for funding under the 

program and will review and rank proposals against those 

criteria to identify projects for funding, subject to appropriations in fiscal year 2014. 

We recognize that water reuse is an essential tool in 

stretching the limited water supplies in the West, and I 

believe the FY 2014 budget request has demonstrated the 

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emphasis placed by this Administration on this Program. 

However, given that there are 53 already authorized Title 

XVI projects and numerous competing mission priorities 

and demands on Reclamation’s limited budget, the Department cannot support the authorization of new Title XVI 

projects or extensions of existing authorized cost ceilings at 

the current time. Federal budget realities, however, should 

not detract from the fact that the Hermiston Recycling and 

Reuse Project would prove valuable in Oregon’s efforts to 

address current and future water resource challenges 

posed by drought and the competing demand for scarce 

water resources. 

This concludes my written statement. I am pleased to 

answer any questions at the appropriate time. 

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. 

693, 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): 

Reclamation Projects Authorization and Adjustment Act of 

1992 

Public Law 102–575, as amended 

AN ACT To authorize additional appropriations for the construction of the Buffalo 

Bill Dam and Reservoir, Shoshone Project, Pick-Sloan Missouri Basin Program, 

Wyoming. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. SHORT TITLE 

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

and Adjustment Act of 1992’’. 

SECTION 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. 

Sec. 2. Definition and table of contents. 

* * * * * * * 

TITLE XVI—RECLAMATION WASTEWATER AND GROUND WATER STUDIES 

øSec. 1634. Willow Lake Natural Treatment System Project¿ 

Sec. 1635. Lakehaven, Washington, Water Reclamation, and Reuse Project 

* * * * * * * 

Sec. 1656. City of Corona Water utility, California, water recycling and reuse 

project. 

Sec. 1657. City of Hermiston, Oregon, water recycling and reuse project. 

* * * * * * * 

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TITLE XVI—RECLAMATION WASTEWATER AND 

GROUNDWATER STUDIES 

* * * * * * * 

SEC. 1633. AUTHORIZATION OF APPROPRIATIONS 

* * * * * * * 

øSEC. 1634. WILLOW LAKE NATURAL TREATMENT SYSTEM PROJECT 

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

of Salem, Oregon, is authorized to participate in the design, planning, and construction of the Willow Lake Natural Treatment System Project to reclaim and reuse wastewater within and without 

the service area of the city of Salem. 

ø(b) COST SHARE.—The Federal share of the cost of the project 

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

cost of the project. 

ø(c) LIMITATION.—The Secretary shall not provide funds for the 

operation and maintenance of the project authorized by this section.¿ 

* * * * * * * 

SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER RECYCLING AND REUSE PROJECT. 

* * * * * * * 

SEC. 1657. CITY OF HERMISTON, OREGON, WATER RECYCLING AND 

REUSE PROJECT. 

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

of Hermiston, Oregon, is authorized to participate in the design, 

planning, and construction of permanent facilities to reclaim and 

reuse water in the City of Hermiston, Oregon. 

(b) COST SHARE.—The Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. 

(c) LIMITATION.—The Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a). 

* * * * * * * 

Æ 

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