[Senate Report 110-318]
[From the U.S. Government Publishing Office]
Calendar No. 670
110th Congress Report
SENATE
2d Session 110-318
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LOWER REPUBLICAN RIVER BASIN STUDY ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1025]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1025) to authorize the Secretary of the
Interior to conduct a study to determine the feasibility of
implementing a water supply and conservation project to improve
water supply reliability, increase the capacity of water
storage, and improve water management efficiency in the
Republican River Basin between Harlan County Lake in Nebraska
and Milford Lake in Kansas, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
PURPOSE OF THE MEASURE
The purpose of H.R. 1025 is to authorize the Secretary of
the Interior to conduct a study to determine the feasibility of
implementing a water supply and conservation project to improve
water supply reliability, increase the capacity of water
storage, and improve water management efficiency in the
Republican River Basin between Harlan County Lake in Nebraska
and Milford Lake in Kansas.
BACKGROUND AND NEED
In 1998, Kansas filed a lawsuit in the U.S. Supreme Court
against Nebraska and Colorado alleging that Nebraska was using
more than its allocation of water under the Republican River
Compact. The three States negotiated a settlement that was
approved by the Court in May 2003.
In accordance with the final settlement, the States agreed
to pursue in good faith, and in collaboration with the United
States, system improvements in the basin, including measures to
improve the ability to use the water supply below Hardy,
Nebraska, on the Republican River's mainstem. In January 2005,
an appraisal report was completed which analyzed a number of
alternatives recommended by the Compact Commissioners. The
results of the study indicated that the water supply in the
basin is not being fully utilized. With improvements in
existing systems and possibly additional storage capability,
the systems could be managed to alleviate some of the water
shortage problems that exist in the lower reaches of the basin.
A feasibility study will provide the level of analysis needed
to fully evaluate all the viable alternatives.
LEGISLATIVE HISTORY
H.R. 1025 was introduced by Representative Jerry Moran for
himself and Representative Adrian Smith, on February 13, 2007,
and referred to the Committee on Natural Resources. Under
suspension of the rules, H.R. 1025 passed the House of
Representatives on May 7, 2007. The bill was received in the
Senate and referred to the Committee on Energy and Natural
Resources. The Subcommittee on Water and Power held a hearing
on H.R. 1025 on July 26, 2007. At its business meeting on
January 30, 2008, the Committee on Energy and Natural Resources
ordered H.R. 1025 to be favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by voice vote of a quorum
present, recommends that the Senate pass H.R. 1025.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title of the Act.
Section 2(a) authorizes the Secretary of the Interior to
conduct a study to determine the feasibility of a project to
improve water supply, water storage, and water management
efficiency projects in the Republican River basin, and consider
cost-sharing options for implementation of projects.
Section 2(b) directs that the Federal cost-share of the
study shall not exceed 50 percent and shall be nonreimbursable.
Section 2(c) requires the Secretary to undertake the study
through cooperative agreements.
Section 2(d) requires the Secretary to complete the study
within 3 years or report back to Congress on when the study
will be completed.
Section 2(e) terminates after 10 years, the authorization
contained in the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 1025--Lower Republican River Basin Study Act
H.R. 1025 would authorize the Secretary of the Interior,
acting through the Bureau of Reclamation, to work with the
states of Nebraska, Kansas, and Colorado, to conduct a
feasibility study on implementing water supply and conservation
projects for the Lower Republican River Basin. The act would
limit the federal share of the study's cost to 50 percent; the
authority of the Secretary to implement this legislation would
terminate 10 years after the date of enactment.
According to the Bureau of Reclamation, the total cost of
the study is estimated to be $2 million. CBO estimates that
implementing H.R. 1025 would cost the federal government $1
million over the 2008-2013 period, subject to the availability
of appropriated funds. Enacting the legislation would not
affect direct spending or revenues.
H.R. 1025 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Tyler Kruzich,
who can be reached at 226-2860. This estimate was approved by
Theresa Gullo, Deputy Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 1025. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 1025, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Reclamation at the
July 26, 2007 subcommittee hearing on H.R. 1025 follows:
Statement of Larry Todd, Deputy Commissioner for Policy, Administration
and Budget, Bureau of Reclamation, Department of the Interior
Mr. Chairman and Members of the Subcommittee, my name is
Larry Todd, and I am Deputy Commissioner of the Bureau of
Reclamation. I am pleased to provide the Administration's views
on H.R. 1025, legislation authorizing a feasibility study to
improve water management in the Republican River Basin between
Harlan County Lake in Nebraska, and Milford Lake in Kansas.
Reclamation was included in the early stages of the project
planning process that resulted in completion of the Lower
Republican River Basin Appraisal Report in January 2005. We
support the goal of the States, as project sponsors, to develop
a locally-supported solution that is economical, affordable and
environmentally sensible. However, funds have not been
allocated to carry out the provisions of H.R. 1025 in the
Administration's budgets for fiscal years 2007 and 2008. Given
Reclamation's need to focus its limited resources on
maintaining its existing infrastructure and completing on-going
construction projects, the Administration cannot support this
bill.
background
Reclamation has been working with the States on Republican
River Compact water supply issues for many years. There is some
important background information that I would like to share
with you today to provide context for consideration of this
legislation.
In 1998, Kansas filed a U.S. Supreme Court lawsuit against
Nebraska and Colorado because of their belief that Nebraska was
using more than its allocation of water under the Republican
River Compact. The three States negotiated a settlement that
was approved by the United States Supreme Court in May 2003.
In accordance with the Final Settlement Stipulations, the
States agreed to pursue in good faith, and in collaboration
with the United States, system improvements in the basin,
including measures to improve the ability to utilize the water
supply below Hardy, Nebraska, on the Republican River's
mainstem. Reclamation's appraisal study analyzed a number of
alternatives recommended by the Compact Commissioners. The
results from the study indicate that the water supply in the
basin is not being fully utilized. With improvements in the
existing systems and possibly with additional storage
capability, the systems could be managed to alleviate some of
the water shortage problems that exist in the lower reaches of
the basin. The Settlement provided for Compact accounting which
is indicating overuse of the allocations by Colorado and
Nebraska. Reclamation has been working with the States in an
effort to achieve and sustain Compact compliance. These efforts
have included the release of 2007 storage water at Bonny
Reservoir in Colorado in response to a ``call'' placed by the
State Engineer; and approval of temporary sales of project
water in 2006 and 2007 to reduce consumptive use in Nebraska
and provide additional water supply to project lands in Kansas.
Reclamation has worked closely with project beneficiaries and
the States to find more effective and efficient ways to deliver
water, and will continue to do so in the future.
Mr. Chairman, that concludes my testimony, I would be
pleased to answer any questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill H.R. 1025, as
ordered reported.