II 
109TH CONGRESS 
2D SESSION 
H. R. 125 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 14, 2005 
Received; read twice and referred to the Committee on Environment and 
Public Works 
JULY 17, 2006 
Committee discharged; referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To authorize the Secretary of the Interior to construct facili-
ties to provide water for irrigation, municipal, domestic, 
military, and other uses from the Santa Margarita River, 
California, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 125 RCS 
SECTION 1. DEFINITIONS. 
For the purposes of this Act, the following definitions 
apply: 
(1) DISTRICT.—The term ‘‘District’’ means the 
Fallbrook Public Utility District, San Diego County, 
California. 
(2) PROJECT.—The term ‘‘Project’’ means the 
impoundment, recharge, treatment, and other facili-
ties the construction, operation, watershed manage-
ment, and maintenance of which is authorized under 
section 2. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, unless otherwise stat-
ed. 
SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA 
MARGARITA RIVER PROJECT. 
(a) AUTHORIZATION.—The Secretary, acting pursu-
ant to the Federal reclamation laws (Act of June 17, 
1902; 32 Stat. 388), and Acts amendatory thereof or sup-
plementary thereto, as far as those laws are not incon-
sistent with the provisions of this Act, is authorized to 
construct, operate, and maintain the Project substantially 
in accordance with the final feasibility report and this Act. 
(b) CONDITIONS.—The Secretary may construct the 
Project only after the Secretary determines that the fol-
lowing conditions have occurred: 
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(1) The District has entered into a contract 
under section 9(d) of the Reclamation Project Act of 
1939 to repay to the United States appropriate por-
tions, as determined by the Secretary, of the actual 
costs of constructing, operating, and maintaining the 
Project, together with interest as hereinafter pro-
vided. 
(2) The officer or agency of the State of Cali-
fornia authorized by law to grant permits for the ap-
propriation of water has granted such permits to the 
Bureau of Reclamation for the benefit of the De-
partment of the Navy and the District as permittees 
for rights to the use of water for storage and diver-
sion as provided in this Act, including approval of all 
requisite changes in points of diversion and storage, 
and purposes and places of use. 
(3) The District has agreed that it will not as-
sert against the United States any prior appropria-
tive right the District may have to water in excess 
of the quantity deliverable to it under this Act, and 
will share in the use of the waters impounded by the 
Project on the basis of equal priority and in accord-
ance with the ratio prescribed in section 4(b). This 
agreement and waiver and the changes in points of 
diversion and storage under paragraph (2), shall be-
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come effective and binding only when the Project 
has been completed and put into operation. 
(4) The Secretary has determined that the 
Project has economic, environmental, and engineer-
ing feasibility. 
SEC. 3. COSTS. 
The Department of the Navy shall not be responsible 
for any costs in connection with the Project, except upon 
completion and then shall be charged in reasonable pro-
portion to its use of the Project under regulations agreed 
upon by the Secretary of the Navy and Secretary of the 
Interior. 
SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY. 
(a) OPERATION.—The operation of the Project, sub-
ject to a memorandum of agreement between the Sec-
retary, the Navy, and the District and under regulations 
satisfactory to the Secretary of the Navy with respect to 
the Navy’s share of the project, may be by the Secretary, 
the District, or a third party consistent with section 6. 
(b) YIELD ALLOTMENT.—Except as otherwise agreed 
between the parties, the Department of the Navy and the 
District shall participate in the Project yield on the basis 
of equal priority and in accordance with the following 
ratio: 
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(1) 60 percent of the Project’s yield is allotted 
to the Secretary of the Navy. 
(2) 40 percent of the Project’s yield is allotted 
to the District. 
(c) 
CONTRACTS
FOR
DELIVERY
OF
EXCESS 
WATER.— 
(1) EXCESS WATER AVAILABLE TO OTHER PER-
SONS.—If the Secretary of the Navy certifies to the 
official agreed upon to administer the Project that 
the Department of the Navy does not have imme-
diate need for any portion of the 60 percent of the 
Project’s yield allotted to the Secretary of the Navy 
under subsection (b), the official may enter into tem-
porary contracts for the sale and delivery of the ex-
cess water. 
(2) FIRST
RIGHT
FOR
EXCESS
WATER.—The 
first right to excess water to be made available 
under paragraph (1) shall be given the District, if 
otherwise consistent with the laws of the State of 
California. 
(3) CONDITION OF CONTRACTS.—Each contract 
entered into under paragraph (1) for the sale and 
delivery of excess water shall include a condition 
that the Secretary of the Navy has the right to de-
mand that water, without charge and without obliga-
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