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.

Bill: 110-hr-29
Sponsor: Rep. Issa, Darrell E. [R-CA-49]
Introduced: 2007-01-04 in the House
Policy area: Water Resources Development
Subjects: Agriculture and Food
Armed Forces and National Security
California
Congress
Congressional oversight
Congressional reporting requirements
Construction costs
Defense contracts
Economics and Public Finance
Environmental Protection
Environmental assessment
Federal aid to water resources development
Government Operations and Politics
Government publicity
Infrastructure
Intergovernmental fiscal relations
Irrigation
Law
Licenses
Maintenance and repair
Military bases
Military construction operations
Navy
Rivers
Sunset legislation
Water districts
Water rates
Water rights
Water storage
Water supply
Water use

Summary:
action_date: 2007-01-04
text: 
Authorizes the Secretary of the Interior (the Secretary) to construct, operate, and maintain the Santa Margarita River Project in accordance with the final feasibility report and this Act.
 
Authorizes Project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County, and the Navy have entered into contracts to repay to the United States appropriate costs; (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the Project has economic, environmental, and engineering feasibility.
 
Provides that, upon Project completion, the Department of the Navy shall be responsible to repay only that portion of costs that the Secretary and the Navy Secretary determine reflects the extent to which the Department benefits from the Project. 
 
Permits operation of the Project by the Secretary, the District, or a third party consistent with this Act. 
 
Requires the Department and the District to participate in the Project yield on the basis of equal priority, with 60% of the Project's yield allotted to the Navy Secretary and 40% allotted to the District. Sets forth provisions governing the sale and delivery of excess water.
 
Requires the District's general repayment obligation to be determined by the Secretary consistent with the Reclamation Project Act of 1939. 
 
Authorizes the Secretary to transfer operation of the Project to the District or a mutually agreed upon third party.

action_date: 2007-12-19
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

(Sec. 2) Authorizes the Secretary of the Interior (the Secretary) to construct, operate, and maintain a project to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, in accordance with the final feasibility report and this Act. 

Authorizes project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County, and the Navy have entered into contracts to repay to the United States appropriate costs; (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the project has economic, environmental, and engineering feasibility.

(Sec. 3) Provides that, upon project completion, the Department of the Navy shall be responsible to repay only that portion of costs that the Secretary and the Navy Secretary determine reflects the extent to which the Department benefits from the project. 

(Sec. 4) Permits operation of the project by the Secretary, the District, or a third party consistent with this Act. Requires the Department and the District to participate in the project yield on the basis of equal priority, with 60% of the project's yield allotted to the Navy Secretary and 40% allotted to the District. Sets forth provisions governing the sale and delivery of excess water.

(Sec. 5) Requires the District's general repayment obligation to be determined by the Secretary consistent with the Reclamation Project Act of 1939. 

(Sec. 6) Authorizes the Secretary to transfer operation of the project to the District or a mutually agreed upon third party. Provides that 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 project's operation and maintenance.

(Sec. 7) Provides that the basis, measure, and limit of all U.S. rights pertaining to the use of water under this Act shall be California law.

(Sec. 8) Prohibits the project from being administered or operated in any way that would impair or deplete the quantities of water the United States would have been entitled to use under California law had the project not been built, unless otherwise agreed by the Navy Secretary.

(Sec. 9) Authorizes appropriations.

(Sec. 10) Requires the Secretary and the Navy Secretary to report to Congress regarding whether and how the conditions specified by this Act have been met.

(Sec. 11) Terminates the Secretary's authority to complete project construction 10 years after this Act's enactment.

action_date: 2008-02-12
text: 

(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)

 
(Sec. 2) Authorizes the Secretary of the Interior (the Secretary) to construct, operate, and maintain a project to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, in accordance with the final feasibility report and this Act. 
 
Authorizes project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County, and the Navy have entered into contracts to repay to the United States appropriate costs; (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the project has economic, environmental, and engineering feasibility.

(Sec. 3) Provides that, upon project completion, the Department of the Navy shall be responsible to repay only that portion of costs that the Secretary and the Navy Secretary determine reflects the extent to which the Department benefits from the project. 

(Sec. 4) Permits operation of the project by the Secretary, the District, or a third party consistent with this Act. Requires the Department and the District to participate in the project yield on the basis of equal priority, with 60% of the project's yield allotted to the Navy Secretary and 40% allotted to the District. Sets forth provisions governing the sale and delivery of excess water.

(Sec. 5) Requires the District's general repayment obligation to be determined by the Secretary consistent with the Reclamation Project Act of 1939. 

(Sec. 6) Authorizes the Secretary to transfer operation of the project to the District or a mutually agreed upon third party. Provides that 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 project's operation and maintenance.

(Sec. 7) Provides that the basis, measure, and limit of all U.S. rights pertaining to the use of water under this Act shall be California law.

(Sec. 8) Prohibits the project from being administered or operated in any way that would impair or deplete the quantities of water the United States would have been entitled to use under California law had the project not been built, unless otherwise agreed by the Navy Secretary.

(Sec. 9) Authorizes appropriations.

(Sec. 10) Requires the Secretary and the Navy Secretary to report to Congress regarding whether and how the conditions specified by this Act have been met.

(Sec. 11) Terminates the Secretary's authority to complete project construction 10 years after this Act's enactment.

action_date: 2008-09-16
text: 
Authorizes the Secretary of the Interior (the Secretary) to construct, operate, and maintain a project to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, in accordance with the final feasibility report and environmental reviews for the project and this Act. 
 
Authorizes project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County, and the Navy have entered into contracts to repay to the United States appropriate costs of constructing, operating, and maintaining the Project (permits the Secretary to allow satisfaction of the repayment obligation for construction costs through the payment of the share of the Navy Secretary prior to the initiation of construction); (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the project has completed applicable economic, environmental, and engineering feasibility studies.
 
(Sec. 3) Makes the Navy Secretary responsible to pay only that portion of project costs that reflects the extent to which the Department of the Navy benefits from the project. Allows the Secretary to enter into a contract with the Navy Secretary for the impoundment, storage, treatment, and carriage of prior rights water for domestic, municipal, fish and wildlife, industrial, and other beneficial purposes using project facilities.
 
(Sec. 4) Permits operation of the project by the Secretary, the District, or a third party, subject to a memorandum of agreement between the two Secretaries and the District. Requires the Navy Secretary and the District to participate in the project yield on the basis of equal priority, with 60% of the project's yield allotted to the Navy Secretary and 40% allotted to the District. Sets forth provisions governing contracts for the sale and delivery of excess water.
 
(Sec. 5) Requires the District's general repayment obligation to be determined by the Secretary consistent with the Reclamation Project Act of 1939, with exceptions. Provides that: (1) for 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; and (2) there shall be no repayment obligation for water delivered to the District under a contract for delivery of excess water. 
 
(Sec. 6) Authorizes the Secretary to transfer operation of the project to the District or a mutually agreed upon third party. Provides that 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 project's operation and maintenance.
 
(Sec. 7) Provides that California law shall apply to the rights of the United States pertaining to water use under this Act, with exceptions.
 
(Sec. 8) Prohibits the project from being administered or operated in any way that would impair or deplete the quantities of water the United States would have been entitled to use under California law had the project not been built, unless otherwise agreed by the Navy Secretary.
 
(Sec. 9) Requires the Secretary and the Navy Secretary to report to the appropriate congressional committees regarding whether the conditions specified by this Act have been met and, if so, the manner in which they were met.
 
(Sec. 10) Authorizes appropriations.
 
(Sec. 11) Terminates the Secretary's authority to complete project construction 10 years after this Act's enactment.


Legislative actions:
action_date: 2008-09-16
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 1008.
action_date: 2008-09-16
text: Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute. Without written report.
action_date: 2008-09-16
text: Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute. Without written report.
action_date: 2008-09-11
text: Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2008-04-24
text: Committee on Energy and Natural Resources Senate Subcommittee on Water and Power. Hearings held.
action_date: 2008-02-13
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2008-02-12
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-02-12
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H829-830)
action_date: 2008-02-12
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H829-830)
action_date: 2008-02-12
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 29.
action_date: 2008-02-12
text: Considered under suspension of the rules. (consideration: CR H829-831)
action_date: 2008-02-12
text: Mr. Grijalva moved to suspend the rules and pass the bill.
action_date: 2008-01-15
text: Placed on the Union Calendar, Calendar No. 309.
action_date: 2008-01-15
text: Committee on Armed Services discharged.
action_date: 2008-01-15
text: Committee on Armed Services discharged.
action_date: 2008-01-15
text: Subcommittee on Readiness Discharged.
action_date: 2007-12-19
text: House Committee on Armed Services Granted an extension for further consideration ending not later than Jan. 15, 2008.
action_date: 2007-12-19
text: Reported by the Committee on Natural Resources. H. Rept. 110-503, Part I.
action_date: 2007-12-19
text: Reported by the Committee on Natural Resources. H. Rept. 110-503, Part I.
action_date: 2007-10-10
text: Ordered to be Reported by Unanimous Consent.
action_date: 2007-10-10
text: Subcommittee on Water and Power Discharged.
action_date: 2007-10-10
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-02-07
text: Referred to the Subcommittee on Water and Power.
action_date: 2007-01-25
text: Referred to the Subcommittee on Readiness.
action_date: 2007-01-04
text: Referred to the Committee on Natural 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.
action_date: 2007-01-04
text: Referred to the Committee on Natural 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.
action_date: 2007-01-04
text: Referred to the Committee on Natural 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.
action_date: 2007-01-04
text: Introduced in House
action_date: 2007-01-04
text: Introduced in House