IB 

Union Calendar No. 164 

109TH CONGRESS 

1ST SESSION H. R. 125 

[Report No. 109–297, Part 1] 

To authorize the Secretary of the Interior to construct facilities to provide 

water for irrigation, municipal, domestic, military, and other uses from 

the Santa Margarita River, California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

Mr. ISSA (for himself and Mr. CALVERT) introduced the following bill; which 

was referred to the Committee on Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

NOVEMBER 16, 2005 

Reported from the Committee on Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

NOVEMBER 16, 2005 

Committee on Armed Services discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on January 4, 2005] 

A BILL 

To authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, 

military, and other uses from the Santa Margarita River, 

California, and for other purposes. 
2 

•HR 125 RH 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITIONS. 

4 For the purposes of this section, the following defini5 tions apply: 

6 (1) DISTRICT.—The term ‘‘District’’ means the 

7 Fallbrook Public Utility District, San Diego County, 

8 California. 

9 (2) PROJECT.—The term ‘‘Project’’ means the 

10 impoundment, recharge, treatment, and other facili11 ties the construction, operation, and maintenance of 

12 which is authorized under subsection (b). 

13 SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF LOWER 

14 SANTA MARGARITA CONJUNCTIVE USE 

15 PROJECT. 

16 (a) AUTHORIZATION.—The Secretary, acting pursuant 

17 to the Federal reclamation laws (Act of June 17, 1902; 32 

18 Stat. 388), and Acts amendatory thereof or supplementary 

19 thereto, as far as those laws are not inconsistent with the 

20 provisions of this Act, is authorized to construct, operate, 

21 and maintain the Santa Margarita Conjunctive Use Project 

22 substantially in accordance with the final feasibility report 

23 and this Act. 
3 

•HR 125 RH 

1 (b) CONDITIONS.—The Secretary of the Interior may 

2 construct the Project only after the Secretary of the Interior 

3 determines that the following conditions have occurred: 

4 (1) The District has entered into a contract 

5 under section 9(d) of the Reclamation Project Act of 

6 1939 to repay to the United States appropriate por7 tions, as determined by the Secretary, of the actual 

8 costs of constructing, operating, and maintaining the 

9 Project, together with interest as hereinafter provided. 

10 (2) The officer or agency of the State of Cali11 fornia authorized by law to grant permits for the ap12 propriation of water has granted such permits to the 

13 Bureau of Reclamation for the benefit of the Depart14 ment of the Navy and the District as permitees for 

15 rights to the use of water for storage and diversion as 

16 provided in this Act, including approval of all req17 uisite changes in points of diversion and storage, and 

18 purposes and places of use. 

19 (3) The District has agreed that it will not assert 

20 against the United States any prior appropriative 

21 right the District may have to water in excess of the 

22 quantity deliverable to it under this Act, and will 

23 share in the use of the waters impounded by the 

24 Project on the basis of equal priority and in accord25 ance with the ratio prescribed in section 4(b). This 
4 

•HR 125 RH 

1 agreement and waiver and the changes in points of 

2 diversion and storage under paragraph (2), shall be3 come effective and binding only when the Project has 

4 been completed and put into operation. 

5 (4) The Secretary of the Interior has determined 

6 that the Project has economic, environmental, and en7 gineering feasibility. 

8 SEC. 3. COSTS. 

9 The Department of the Navy shall not be responsible 

10 for any costs in connection with the Project, except upon 

11 completion and then shall be charged in reasonable propor12 tion to its use of the Project under regulations agreed upon 

13 by the Secretary of the Navy and Secretary of the Interior. 

14 SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY. 

15 (a) OPERATION.—The operation of the Project may be 

16 by the Secretary of the Interior or otherwise as agreed upon 

17 by the Secretaries of the Interior and the Navy and the Dis18 trict, under regulations satisfactory to the Secretary of the 

19 Navy with respect to the Navy’s share of the impounded 

20 water and national security. 

21 (b) YIELD ALLOTMENT.—Except as otherwise agreed 

22 between the parties, the Department of the Navy and the 

23 District shall participate in the water impounded by the 

24 Project on the basis of equal priority and in accordance 

25 with the following ratio: 
5 

•HR 125 RH 

1 (1) 60 percent of the Project’s yield is allotted to 

2 the Secretary of the Navy. 

3 (2) 40 percent of the Project’s yield is allotted to 

4 the District. 

5 (c) CONTRACTS FOR DELIVERY OF WATER.— 

6 (1) IN GENERAL.—If the Secretary of the Navy 

7 certifies that the Department of the Navy does not 

8 have immediate need for any portion of the 60 per9 cent yield allotted under subsection (b), the official 

10 agreed upon to administer the Project may enter into 

11 temporary contracts for the delivery of the excess 

12 water. 

13 (2) FIRST RIGHT FOR EXCESS WATER.—The first 

14 right of the Secretary of the Navy to demand that 

15 water without charge and without obligation on the 

16 part of the United States after 30 days notice shall 

17 be included as a condition of contracts entered into 

18 under this subsection. The first right to water avail19 able under paragraph (1) shall be given the District, 

20 if otherwise consistent with the laws of the State of 

21 California. 

22 (3) DISPOSITION OF FUNDS.—Moneys paid to the 

23 United States under a contract under this subsection 

24 shall be covered into the general Treasury or to the 

25 Secretary of the Navy, as services in lieu of payment 
6 

•HR 125 RH 

1 for operation and maintenance of the Project, and 

2 shall not be applied against the indebtedness of the 

3 District to the United States. 

4 (4) MODIFICATION OF RIGHTS AND OBLIGATIONS

5 RELATED TO WATER YIELD.—The rights and obliga6 tions of the United States and the District regarding 

7 the ratio or amounts of Project yield delivered may 

8 be modified by an agreement between the parties. 

9 SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT. 

10 (a) IN GENERAL.—The general repayment obligation 

11 of the District shall be determined by the Secretary of the 

12 Interior consistent with the Water Supply Act of 1958; pro13 vided, however, that for the purposes of calculating interest 

14 and determining the time when the District’s repayment 

15 obligation to the United States commences, the pumping 

16 and treatment of groundwater from the Project shall be 

17 deemed equivalent to the first use of water from a water 

18 storage project. 

19 (b) MODIFICATION OF RIGHTS AND OBLIGATION BY

20 AGREEMENT.—The rights and obligations of the United 

21 States and the District regarding the repayment obligation 

22 of the District may be modified by an agreement between 

23 the parties. 
7 

•HR 125 RH 

1 SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTE2 NANCE. 

3 The Secretary may transfer to the District, or a mutu4 ally agreed upon third party, the care, operation, and 

5 maintenance of the Project under conditions satisfactory to 

6 that Secretary and the District, and with respect to the por7 tion of the Project that is located within the boundaries of 

8 Camp Pendleton, satisfactory also to the Secretary of the 

9 Navy. If such a transfer takes place, the District shall be 

10 entitled to an equitable credit for the costs associated with 

11 the Secretary’s proportionate share of the operation and 

12 maintenance of the Project. The amount of such costs shall 

13 be applied against the indebtedness of the District to the 

14 United States. 

15 SEC. 7. SCOPE OF ACT. 

16 For the purpose of this Act, the basis, measure, and 

17 limit of all rights of the United States pertaining to the 

18 use of water shall be the laws of the State of California. 

19 That nothing in this Act shall be construed— 

20 (1) as a grant or a relinquishment by the United 

21 States of any rights to the use of water that it ac22 quired according to the laws of the State of Cali23 fornia, either as a result of its acquisition of the lands 

24 comprising Camp Joseph H. Pendleton and adjoining 

25 naval installations, and the rights to the use of water 

26 as a part of that acquisition, or through actual use 
8 

•HR 125 RH 

1 or prescription or both since the date of that acquisi2 tion, if any; 

3 (2) to create any legal obligation to store any 

4 water in the Project, to the use of which the United 

5 States has such rights; 

6 (3) to constitute a recognition of, or an admis7 sion that, the District has any rights to the use of 

8 water in the Santa Margarita River, which rights, if 

9 any, exist only by virtue of the laws of the State of 

10 California; or 

11 (4) to require the division under this Act of 

12 water to which the United States has such rights. 

13 SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRA14 TION. 

15 Unless otherwise agreed by the Secretary of the Navy, 

16 the Project— 

17 (1) shall be operated in a manner which allows 

18 the free passage of all of the water to the use of which 

19 the United States is entitled according to the laws of 

20 the State of California either as a result of its acqui21 sition of the lands comprising Camp Joseph H. Pen22 dleton and adjoining naval installations, and the 

23 rights to the use of water as a part of those acquisi24 tions, or through actual use or prescription, or both, 

25 since the date of that acquisition, if any; and 
9 

•HR 125 RH 

1 (2) shall not be administered or operated in any 

2 way which will impair or deplete the quantities of 

3 water the use of which the United States would be en4 titled under the laws of the State of California had 

5 the Project not been built. 

6 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated, out of any 

8 money in the Treasury of the United States not otherwise 

9 appropriated, the following: 

10 (1) $60,000,000 (the current estimated construc11 tion cost of the Project, plus or minus such amounts 

12 as may be indicated by the engineering cost indices 

13 for this type of construction); and 

14 (2) such sums as may be required to operate and 

15 maintain the said project. 

16 SEC. 10. REPORTS TO CONGRESS. 

17 Not later than 1 year after the date of the enactment 

18 of this Act and periodically thereafter, the Secretary of the 

19 Interior and the Secretary of the Navy shall each report 

20 to the Congress regarding if the conditions specified in sec21 tion 2(b) have been met and if so, the details of how they 

22 were met. 

23 SEC. 11. SUNSET. 

24 The authority of the Secretary of the Interior and the 

25 Secretary of the Navy to carry out any provision of this 
10 

•HR 125 RH 

1 Act shall terminate 10 years after the date of enactment 

2 of this Act. 

Union Calendar No. 164 

109TH CONGRESS 

1ST SESSION H. R. 125 

[Report No. 109–297, Part 1] 

A BILL 

To authorize the Secretary of the Interior to confor other purposes. from the Santa Margarita River, California, and municipal, domestic, military, and other uses struct facilities to provide water for irrigation, 

NOVEMBER 16, 2005 

Reported from the Committee on Resources with an 

amendment 

NOVEMBER 16, 2005 

Committee on Armed Services discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the