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 Com-
mittee on Armed Services, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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 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, 
SECTION 1. DEFINITIONS. 
For the purposes of this section, the following defini-
tions 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, and maintenance of 
which is authorized under subsection (b). 
SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF LOWER 
SANTA 
MARGARITA 
CONJUNCTIVE 
USE 
PROJECT. 
(a) AUTHORIZATION.—The Secretary, acting pursuant 
to the Federal reclamation laws (Act of June 17, 1902; 32 
Stat. 388), and Acts amendatory thereof or supplementary 
thereto, as far as those laws are not inconsistent with the 
provisions of this Act, is authorized to construct, operate, 
and maintain the Santa Margarita Conjunctive Use Project 
substantially in accordance with the final feasibility report 
and this Act.
(b) CONDITIONS.—The Secretary of the Interior may 
construct the Project only after the Secretary of the Interior 
determines that the following conditions have occurred: 
(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 provided. 
(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 Depart-
ment of the Navy and the District as permitees for 
rights to the use of water for storage and diversion as 
provided in this Act, including approval of all req-
uisite changes in points of diversion and storage, and 
purposes and places of use. 
(3) The District has agreed that it will not assert 
against the United States any prior appropriative 
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-
come effective and binding only when the Project has 
been completed and put into operation. 
(4) The Secretary of the Interior has determined 
that the Project has economic, environmental, and en-
gineering 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 propor-
tion 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 may be 
by the Secretary of the Interior or otherwise as agreed upon 
by the Secretaries of the Interior and the Navy and the Dis-
trict, under regulations satisfactory to the Secretary of the 
Navy with respect to the Navy’s share of the impounded 
water and national security. 
(b) YIELD ALLOTMENT.—Except as otherwise agreed 
between the parties, the Department of the Navy and the 
District shall participate in the water impounded by the 
Project on the basis of equal priority and in accordance 
with the following ratio:
(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 WATER.— 
(1) IN GENERAL.—If the Secretary of the Navy 
certifies that the Department of the Navy does not 
have immediate need for any portion of the 60 per-
cent yield allotted under subsection (b), the official 
agreed upon to administer the Project may enter into 
temporary contracts for the delivery of the excess 
water. 
(2) FIRST RIGHT FOR EXCESS WATER.—The first 
right of the Secretary of the Navy to demand that 
water without charge and without obligation on the 
part of the United States after 30 days notice shall 
be included as a condition of contracts entered into 
under this subsection. The first right to water avail-
able under paragraph (1) shall be given the District, 
if otherwise consistent with the laws of the State of 
California. 
(3) DISPOSITION OF FUNDS.—Moneys paid to the 
United States under a contract under this subsection 
shall be covered into the general Treasury or to the 
Secretary of the Navy, as services in lieu of payment
for operation and maintenance of the Project, and 
shall not be applied against the indebtedness of the 
District to the United States. 
(4) MODIFICATION OF RIGHTS AND OBLIGATIONS 
RELATED TO WATER YIELD.—The rights and obliga-
tions of the United States and the District regarding 
the ratio or amounts of Project yield delivered may 
be modified by an agreement between the parties. 
SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT. 
(a) IN GENERAL.—The general repayment obligation 
of the District shall be determined by the Secretary of the 
Interior consistent with the Water Supply Act of 1958; pro-
vided, however, that for the purposes of calculating interest 
and determining the time when the District’s repayment 
obligation to the United States commences, the pumping 
and treatment of groundwater from the Project shall be 
deemed equivalent to the first use of water from a water 
storage project. 
(b) MODIFICATION OF RIGHTS AND OBLIGATION BY 
AGREEMENT.—The rights and obligations of the United 
States and the District regarding the repayment obligation 
of the District may be modified by an agreement between 
the parties.
SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTE-
NANCE. 
The Secretary may transfer to the District, or a mutu-
ally agreed upon third party, the care, operation, and 
maintenance of the Project under conditions satisfactory to 
that Secretary and the District, and with respect to the por-
tion of the Project that is located within the boundaries of 
Camp Pendleton, satisfactory also to the Secretary of the 
Navy. If such a transfer takes place, the District shall be 
entitled to an equitable credit for the costs associated with 
the Secretary’s proportionate share of the operation and 
maintenance of the Project. The amount of such costs shall 
be applied against the indebtedness of the District to the 
United States. 
SEC. 7. SCOPE OF ACT. 
For the purpose of this Act, the basis, measure, and 
limit of all rights of the United States pertaining to the 
use of water shall be the laws of the State of California. 
That nothing in this Act shall be construed— 
(1) as a grant or a relinquishment by the United 
States of any rights to the use of water that it ac-
quired according to the laws of the State of Cali-
fornia, either as a result of its acquisition of the lands 
comprising Camp Joseph H. Pendleton and adjoining 
naval installations, and the rights to the use of water 
as a part of that acquisition, or through actual use
or prescription or both since the date of that acquisi-
tion, if any; 
(2) to create any legal obligation to store any 
water in the Project, to the use of which the United 
States has such rights; 
(3) to constitute a recognition of, or an admis-
sion that, the District has any rights to the use of 
water in the Santa Margarita River, which rights, if 
any, exist only by virtue of the laws of the State of 
California; or 
(4) to require the division under this Act of 
water to which the United States has such rights. 
SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRA-
TION. 
Unless otherwise agreed by the Secretary of the Navy, 
the Project— 
(1) shall be operated in a manner which allows 
the free passage of all of the water to the use of which 
the United States is entitled according to the laws of 
the State of California either as a result of its acqui-
sition of the lands comprising Camp Joseph H. Pen-
dleton and adjoining naval installations, and the 
rights to the use of water as a part of those acquisi-
tions, or through actual use or prescription, or both, 
since the date of that acquisition, if any; and
(2) shall not be administered or operated in any 
way which will impair or deplete the quantities of 
water the use of which the United States would be en-
titled under the laws of the State of California had 
the Project not been built. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated, out of any 
money in the Treasury of the United States not otherwise 
appropriated, the following: 
(1) $60,000,000 (the current estimated construc-
tion cost of the Project, plus or minus such amounts 
as may be indicated by the engineering cost indices 
for this type of construction); and 
(2) such sums as may be required to operate and 
maintain the said project. 
SEC. 10. REPORTS TO CONGRESS. 
Not later than 1 year after the date of the enactment 
of this Act and periodically thereafter, the Secretary of the 
Interior and the Secretary of the Navy shall each report 
to the Congress regarding if the conditions specified in sec-
tion 2(b) have been met and if so, the details of how they 
were met. 
SEC. 11. SUNSET. 
The authority of the Secretary of the Interior and the 
Secretary of the Navy to carry out any provision of this
Act shall terminate 10 years after the date of enactment 
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 con-
struct facilities to provide water for irrigation, 
municipal, domestic, military, and other uses 
from the Santa Margarita River, California, and 
for other purposes. 
NOVEMBER 16, 2005 
Reported from the Committee on Resources with an 
amendment 
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