II 

109TH CONGRESS 

2D SESSION S. 3798 

To direct the Secretary of the Interior to exclude and defer from the pooled 

reimbursable costs of the Central Valley Project the reimbursable capital 

costs of the unused capacity of the Folsom South Canal, Auburn-Folsom 

South Unit, Central Valley Project, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2006 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To direct the Secretary of the Interior to exclude and defer 

from the pooled reimbursable costs of the Central Valley 

Project the reimbursable capital costs of the unused capacity of the Folsom South Canal, Auburn-Folsom South 

Unit, Central Valley Project, and for other purposes. 

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


hmoore on PROD1PC68 with HMBILLS
2 

•S 3798 IS

1 SECTION 1. CERTAIN AMOUNTS EXCLUDE AND DEFER 

2 FROM THE POOLED REIMBURSABLE COSTS 

3 RELATED TO THE CENTRAL VALLEY 

4 PROJECT. 

5 (a) IN GENERAL.—The Secretary of the Interior (re6 ferred to in this section as the ‘‘Secretary’’) shall exclude 

7 and defer from the pooled reimbursable costs of the Cen8 tral Valley Project the reimbursable capital costs of the 

9 unused capacity of the Folsom South Canal, Auburn-Fol10 som South Unit, Central Valley Project. 

11 (b) CALCULATION OF AMOUNT OF DEFERRED

12 USE.—The Secretary shall calculate the amount to be as13 signed to deferred use as soon as practical and such shall 

14 be reflected in future years’ water rates. 

15 (c) CALCULATION OF CAPITAL COSTS.—For the pur16 pose of calculating the excluded reimbursable cost for the 

17 Folsom South Canal facility, the Secretary shall multiply 

18 the existing total reimbursable cost for the facility by a 

19 factor, to be determined by dividing the current minimum 

20 unused conveyance capacity of the canal by the original 

21 design conveyance capacity of the canal. The minimum un22 used conveyance capacity of the canal shall— 

23 (1) be determined by the Secretary; 

24 (2) be based upon actual historic measured 

25 flows in the canal and planned future flows; and 


hmoore on PROD1PC68 with HMBILLS
3 

•S 3798 IS

1 (3) include the amount of Central Valley 

2 Project water that was originally conveyed or was 

3 historically projected to be conveyed through the 

4 Folsom South Canal which may have been contrac5 tually assigned to another entity. 

6 (d) REVIEW AND ADJUSTMENT.—The Secretary shall 

7 review and adjust— 

8 (1) the amount described in subsection (b)(3) 

9 as appropriate and recalculate the amount of such 

10 unused capacity of the Folsom South Canal; and 

11 (2) the amount of reimbursable capital costs of 

12 the Folsom South Canal. 

13 (e) CONVEYANCE OF CERTAIN WATER.—So long as 

14 an entity that is allocated and that pays capital, interest, 

15 and operation and maintenance costs associated with an 

16 amount of Central Valley Project water historically as17 signed to the Folsom South Canal does not use the Folsom 

18 South Canal for the conveyance of Central Valley Project 

19 water, that entity shall be entitled, without additional cost, 

20 to convey up to an equivalent amount of non-Central Val21 ley Project water through the Folsom South Canal. 

Æ 


hmoore on PROD1PC68 with HMBILLS