[Congressional Record (Bound Edition), Volume 154 (2008), Part 2] [House] [Pages 1953-1956] [From the U.S. Government Publishing Office, www.gpo.gov]SANTA MARGARITA RIVER, CALIFORNIA, CONSTRUCTION AUTHORIZATION Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 29) 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. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 29 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 facilities the construction, operation, watershed management, and maintenance of which is authorized under section 2. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, unless otherwise stated. SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA RIVER 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 [[Page 1954]] 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 following conditions have occurred: (1) The District and the Navy have entered into contracts under sections 9(c)2 and 9(e) of the Reclamation Project Act of 1939 to repay to the United States equitable and appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project. (2) The officer or agency of the State of California authorized by law to grant permits for the appropriation of water has granted such permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District as permittees for rights to the use of water for storage and diversion 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 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 accordance 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 become effective and binding only when the Project has been completed and put into operation and may be varied by agreement between the District and the Secretary of the Navy. (4) The Secretary has determined that the Project has economic, environmental, and engineering feasibility. SEC. 3. COSTS. Upon completion of the construction of the Project, the Department of the Navy shall be responsible to repay to the Secretary only that portion of the construction, operation and maintenance costs of the Project that the Secretary and the Secretary of the Navy determine reflects the extent to which the Department of the Navy benefits from the Project. Provided that the Secretary is hereby authorized to enter into a contract with the Secretary of the Navy for the impounding, storage, treatment, and carriage of prior rights water for domestic, municipal, fish and wildlife, industrial and other beneficial purposes using Project facilities. SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY. (a) Operation.--The operation of the Project, subject to a memorandum of agreement between the Secretary, 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: (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 persons.--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 immediate 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 temporary contracts for the sale and delivery of the excess 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 demand that water, without charge and without obligation on the part of the United States, after 30 days notice. (4) Modification of rights and obligations.--The rights and obligations of the United States and the District regarding the ratio, amounts, definition of Project yield, and payment for excess water may be modified by an agreement between the parties. (d) Consideration.-- (1) Deposit of funds.--Moneys paid to the United States under a contract entered into under subsection (c) shall be deposited in the special account established for the Department of the Navy under paragraph (1) of section 2667(d) of title 10, United States Code, and shall be available for the purposes specified in subparagraph (C) of such paragraph. Subparagraph (D) of such paragraph shall not apply to moneys deposited in the special account pursuant to this subsection. (2) In-kind consideration.--In lieu of monetary consideration under paragraph (1), or in addition to such consideration, the Secretary of the Navy may accept in-kind consideration in a form and quantity that is acceptable to the Secretary of the Navy, including the following forms of in-kind consideration: (A) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Department of the Navy. (B) Construction of new facilities for the Department of the Navy. (C) Provision of facilities for use by the Department of the Navy. (D) Facilities operation support for the Department of the Navy. (E) Provision of such other services as the Secretary of the Navy considers appropriate. (3) Relation to other laws.--Sections 2662 and 2802 of title 10, United States Code, shall not apply to any new facilities whose construction is accepted as in-kind consideration under this subsection. (4) Congressional notification.--If the in-kind consideration proposed to be provided under a contract to be entered into under subsection (c) has a value in excess of $500,000, the contract may not be entered into until the earlier of the following: (A) The end of the 30-day period beginning on the date on which a report describing the contract and the form and quantity of the in-kind consideration is submitted by the Secretary of the Navy to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. (B) The end of the 14-day period beginning on the date on which a copy of the report referred to in subparagraph (A) is provided in an electronic medium pursuant to section 480 of title 10, United States Code. 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 sections 9(c)2 and 9(e) of the Reclamation Project Act of 1939 to repay to the United States equitable and appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project; provided, 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. There shall be no repayment obligation under this section for water delivered to the District under a contract as provided in section 4(c). (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 MAINTENANCE. The Secretary may transfer to the District, or a mutually agreed upon third party, the care, operation, and maintenance of the Project under conditions satisfactory to the Secretary and the District, and with respect to the portion 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. Provided 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 acquired according to the laws of the State of California, 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 acquisition, 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 require the division under this Act of water to which the United States has such rights; or (4) to constitute a recognition of, or an admission by the United States 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. SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION. 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 acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and [[Page 1955]] the rights to the use of water as a part of those acquisitions, 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 entitled 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 construction 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 and the Secretary of the Navy shall each report to the Congress regarding if the conditions specified in section 2(b) have been met and if so, the details of how they were met. SEC. 11. SUNSET. The authority of the Secretary to complete construction of the Project shall terminate 10 years after the date of enactment of this Act. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Arizona (Mr. Grijalva) and the gentleman from Utah (Mr. Bishop) each will control 20 minutes. The Chair recognizes the gentleman from Arizona. General Leave Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members may have 5 days to revise and extend their remarks and include extraneous material on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Arizona? There was no objection. Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume. H.R. 29 was introduced by our colleague, Representative Darrell Issa, and would 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 in California and for other purposes. Similar legislation introduced by Congressman Issa passed the House in the two previous Congresses. Mr. Speaker, we have no objection to this noncontroversial bill, and I ask my colleagues to support H.R. 29. Mr. Speaker, I reserve the balance of my time. Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may consume. H.R. 29 was introduced by our colleague, Darrell Issa, and authorizes the construction of the groundwater recharge and pumping project in the lower Santa Margarita River basin in Southern California. If constructed, the project would provide much-needed water to the local water utility district as well as to Camp Pendleton, the Marine Corps base, for its military training needs. This project would augment the local water district supply, would relieve future additional demands for constantly limited imported water supplies, and would set aside and preserve valuable environmental habitat. This project is an excellent example of local and Federal agencies working together to secure safe, dependable water supplies for future generations. This bill is good for water consumers, and it is good for our soldiers. I urge my colleagues to support this important bill, which has been considered by the House twice already. Perhaps the third time will be the charm. I reserve the balance of my time. Mr. GRIJALVA. Mr. Speaker, I submit for the Record an exchange of letters on this particular piece of legislation. Committee on Armed Services, House of Representatives, Washington, DC, January 4, 2008. Hon. Nick J. Rahall II, Chairman, Committee on Natural Resources, Longworth House Office Building, Washington, DC. Dear Nick: On October 10, 2007, the Committee on Natural Resources ordered H.R. 29 to be reported. As you know, this measure contains certain provisions that are within the jurisdiction of the Committee on Armed Services, and thus, was sequentially referred to the Committee on Armed Services by the Parliamentarian for the House. Our Committee recognizes the importance of H.R. 29 and the need for the legislation to move expeditiously. Therefore, while we have a valid claim to jurisdiction over this legislation, the Committee on Armed Services will waive further consideration of H.R. 29. I do so with the understanding that by waiving further consideration of the bill, the Committee does not waive any future jurisdictional claims over similar measures. In the event of a conference with the Senate on this bill, the Committee on Armed Services reserves the right to seek the appointment of conferees. I would appreciate the inclusion of this letter and a copy of the response in your Committee's report on H.R. 29 and the Congressional Record during consideration of the measure on the House floor. Very truly yours, Ike Skelton, Chairman. ____ House of Representatives, Committee on Natural Resources, Washington, DC, January 22, 2008. Hon. Ike Skelton, Chairman Committee on Armed Services, Rayburn H.O.B., Washington, DC. Dear Ike: Thank you for your willingness to expedite floor consideration of H.R. 29, which authorizes the construction of facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River in California. I appreciate your willingness to waive rights to further consideration of H.R. 29, even though your Committee has a jurisdictional interest in the matter and has received an additional referral. Of course, this waiver does not prejudice any further jurisdictional claims by your Committee over this legislation or similar language. Furthermore, I agree to support your request for appointment of conferees from the Committee on Armed Services if a conference is held on this matter. Although the Committee's report on H.R. 29 has already been filed, this exchange of letters will be inserted in the Congressional Record as part of the consideration of the bill on the House floor. Thank you for the cooperative spirit in which you have worked regarding this matter and others between our respective committees. With warm regards, I am Sincerely, Nick J. Rahall II, Chairman, Committee on Natural Resources. I reserve the balance of my time. Mr. BISHOP of Utah. Mr. Speaker, I have no further speakers, and I yield back the balance of my time. Mr. ISSA. Mr. Speaker, I rise today to speak on behalf of my bill H.R. 29. the Santa Margarita Conjunctive Use Project. I would like to thank Chairmen Nick Rahall and Ike Skelton for quickly moving this bill through their respective committees. This is now the third Congress in which this bill has passed the house, and I hope the Senate will act just as quickly. The Santa Margarita Conjunctive Use Project is very important to U.S. Marine Corps Base Camp Pendleton and the city of Fallbrook. In 1966 the U.S. District Court for the Southern District of California entered a stipulated judgment in U.S. v. Fallbrook P.U.D. directing the Department of the Interior to provide a ``physical solution'' to the 60/40 allocation of the Santa Margarita River. Since then, previous legislative efforts to authorize a project carrying out the Federal judge's mandate have not been successful despite past support of Members of the California Congressional delegation. Finally, through a long process of negotiation between the Marine Corps and the city, this conjunctive use project was agreed upon. This design was deemed to fully implement the court's directive at far less than half the cost of previous proposals with no environmental degradation. Furthermore, passage of this authorization for the conjunctive use project is essential to giving Camp Pendleton access to the San Diego Aqueduct. Since its completion, the aqueduct has provided ample access to Southern California's regional water supply system for nearly all of San Diego County, except for Camp Pendleton. A key benefit of H.R. 29 will be the construction of a water system physically connecting Camp Pendleton to the San Diego Aqueduct, thereby making it possible to use imported water as needed, including emergency mobilization in time of conflict. The conference report for the Fiscal Year 2003 Omnibus Appropriations Act directed the Bureau of Reclamation, under the Santa Margarita River feasibility authorization, to ``. . . perform the studies needed to address current and future municipal, domestic, military, environmental, and other water uses from the Santa Margarita River.'' Funding for Reclamation's feasibility study of the Santa Margarita [[Page 1956]] Conjunctive Use Project has been provided in each subsequent fiscal year up to the present, and its work is more than 90 percent complete. When signed into law, this project will be funded by the Department of Navy and Department of the Interior. This project is essential to ensure that Camp Pendleton has a larger water supply to meet the current and future needs of the base. This project has been vetted by multiple committees over a number of years and found to be of the utmost importance to the Marines at Camp Pendleton, while also benefiting the city of Fallbrook. It will provide for enhanced recharge and recovery from the underground basin on Camp Pendleton to provide a constant water supply for the base, along with a safe, reliable, drought-and earthquake-proof water supply for more than 35,000 families. Again, I thank my colleagues for working with me and my constituents to move H.R. 29 through the legislative process. Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Arizona (Mr. Grijalva) that the House suspend the rules and pass the bill, H.R. 29. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill was passed. A motion to reconsider was laid on the table. ____________________