[House Report 108-718]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-718
HOUSE OF REPRESENTATIVES
2d Session Part 1
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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
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October 4, 2004.--Ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4389]
The Committee on Resources, to whom was referred the bill
(H.R. 4389) 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 4389 is 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 other purposes.
BACKGROUND AND NEED FOR LEGISLATION
During the early 1900's, agriculture and ranching developed
in the upper Santa Margarita River basin using water diverted
from the Santa Margarita River and water extracted from wells
near the river. By 1940, base flow in the river had been
reduced to such an extent that water users in the lower basin
filed a lawsuit against water users in the upper basin. The
result of this lawsuit was the ``1940 Stipulated Judgement,''
which partitioned water in the upper basin between uses in the
upper basin and flow to the lower basin. Since then, three
other major lawsuits over rights to this water have taken
place. Moreover, three planned water supply projects have
failed to resolve the conflicts.
The most recent of these projects, the Santa Margarita
Project, was intended to use Federal money to develop a two dam
and reservoir project on the river for the benefit of Fallbrook
Public Utility District (FPUD) and the U.S. Marine Corps Base
at Camp Pendleton. The estimated cost of the project was $22
million in 1954 dollars, or $254 million in today's dollars. An
effort to implement the project in the Santa Margarita in the
early 1980's stalled after two years of effort and significant
state and federal agency support.
The lack of adequate water supply poses a serious problem
for water users in the Santa Margarita River Basin.
Urbanization, especially since about 1970, has transformed this
area in San Diego County from large ranches to tract homes. In
the lower basin, the modest agricultural use of land and water,
primarily for citrus and avocado trees, has stayed relatively
constant. The creation of Camp Pendleton Marine Base, which
covers most of the lower basin, added a relatively small,
constant demand for water for base operations. Base officials,
however, are concerned that future water demands in the lower
basin could be significantly greater to support a major
military mobilization or to provide adequate habitat for
endangered species.
Additionally, time constraints on the outstanding land
grants that control water usage in the Santa Margarita River
Basin is an issue to developing the project. Reclamation holds
three water rights permits totaling 185,000 acre-feet \1\ on
the Santa Margarita River. These permits were intended for
surface water impoundment that, at one time, Reclamation was
proposing to develop. Under California Water Rights Law, these
permits must be perfected, i.e., demonstrated to be put to
beneficial uses, by 2007 or the water rights may be lost.
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\1\ One acre-foot equals 327,000 gallons of water.
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The proposed Santa Margarita Conjunctive Use Project
provides for enhanced recharge and recovery from the
underground basin on Camp Pendleton to provide a water supply
for both Camp Pendleton and FPUD, as resolution of the long-
standing water rights disputes between the United States and
Fallbrook. The project, as proposed, will develop 6,400 acre-
feet for FPUD and 9,600 acre-feet to Camp Pendleton. In
addition, an ongoing feasibility study being conducted by the
Bureau of Reclamation is evaluating alternatives to expand the
water supply.
The proposed project includes the construction of enhanced
recharge facilities that contain a new collapsible diversion
weir and 46 acres of new recharge ponds. The enhanced recharge
potential is 14,000 acre-feet per year (AF/yr), in addition to
the naturally occurringrecharge. The collapsible weir will
divert flows and permit flood flows to pass to flush the lower river
and estuary as well as provide beach replenishment. It will also
include the construction of up to five new wells, monitoring, and a
collection system to provide a total of 18,000 AF/yr of extraction
capability. The project water will be distributed to the existing Camp
Pendleton and FPUD distribution systems through construction of two
pump stations and approximately nine miles of transmission pipeline.
This pipeline will also provide Camp Pendleton with a connection to the
regional water delivery system, not currently available, for emergency
supply purposes.
The major activities taking place in preparation for
project implementation include a pre- feasibility study being
conducted by Reclamation for the purposes of completing a joint
feasibility study and Environmental Impact Report/Environmental
Impact Statement. Funding for this effort comes from several
Federal sources, including Camp Pendleton, Military
Construction, and a Reclamation Planning account as well as
local funding contributed by FPUD.
The Santa Margarita Conjunctive Use Project will provide a
safe, drought- and earthquake-proof water supply--enough for
35,000 families--for Camp Pendleton and Fallbrook. The project
would improve and partially privatize the water supply to USMC
Base Camp Pendleton, which will receive better quality water in
quantities sufficient to meet water needs up to its ultimate
planned utilization. The project sets aside and preserves
valuable riparian and upland habitats of one of the last free
flowing rivers in California, using 1300 acres originally
purchased for a dam and reservoir.
COMMITTEE ACTION
Congressman Darrell Issa (R-CA) introduced H.R. 4389 on May
19, 2004. The bill was referred to the Committee on Resources
and within the Committee to the Subcommittee on Water and
Power. On September 15, 2004, the Full Resources Committee met
to consider the bill. The Subcommittee on Water and Power was
discharged from further consideration by unanimous consent. No
amendments were offered and the bill was ordered favorably
reported to the House of Representatives by unanimous consent.
SECTION-BY-SECTION
Section 1. Definitions
This section defines various terms used in the bill.
Section 2. Authorization for construction of Lower Santa Margarita
Conjunctive Use Project
This authorizes the Secretary of the Interior to construct,
operate, and maintain the Lower Santa Margarita Conjunctive Use
Project for the District subject to conditions. The Secretary
may construct the Project only after the (1) the District has
entered into a repayment contract with the Federal Government,
(2) the State of California has granted permits for the
appropriation of water to the Bureau of Reclamation, (3) the
District agrees it will not assert any prior appropriated water
right in excess of the water developed by this project and that
the District agrees to share in the use of the project water
supply according to the project yield allotment prescribed in
this Act, and (4) the Secretary has determined the project has
economic and engineering feasibility. It is the intent of the
legislation that all environmental and regulatory permits are
in place prior to initiating project development. The Bureau of
Reclamation is expected to complete its feasibility
investigation and environmental impact analysis in year 2005.
Section 3. Costs
The Department of the Navy is not responsible for any cost
of the Project until the project is completed. Upon completion
the Department of the Navy will be responsible to repay
proportionate costs of the project as agreed to by agreements
between the Department of the Interior and the Department of
the Navy.
Section 4. Operation; yield allotment; delivery
The Interior Secretary, or others as agreed to by the
Secretaries of the Navy and Interior, may operate project
facilities in accordance to regulations satisfactory to the
Department of the Navy and with respect to the Navy's share of
the project water supply. 60 per cent of the project water
supply is alloted to the Navy and 40 per cent is allotted to
the District, unless an agreement between the project
beneficiaries states differently. The proportionate water share
agreements between the Federal Government and the District may
be modified by an agreement between the parties. Should the
Navy not be able to take delivery of its full allotment (60 per
cent share), the responsible project operator can enter into
temporary water delivery contracts to other users. The District
is given first right to use the Navy's unused portion, if
consistent with California law. All monies collected pursuant
to the temporary water contracts shall not be applied to the
District's project repayment obligations.
Section 5. Repayment obligation of the District
This section specifies the general repayment obligation of
the District, as mutually agreed to all parties, including
allowances for water made available during the interim
development period and with consideration of the irrigator's
ability to pay. The bill includes provisions on how water will
be delivered and repayment will be made from the time water is
first made available up to full project operation. The
repayment obligation of the District may be modified, if
necessary, by an agreement between the parties at any time
during the life of the project.
Section 6. Transfer of care, operation, and maintenance
The Interior Secretary may transfer the care, operation,
and maintenance of the project to the District or to an agreed
upon third party under conditions satisfactory to all parties.
Costs associated with the Secretary's portion of the project's
operation and maintenance to be transferred are to be credited
and applied to the District's indebtedness to the United
States.
Section 7. Scope of the Act
The right to divert and use water by the United States will
be as permitted and protected by laws of the State of
California. The intent of the legislation is to recognize the
soon-to-be completed Santa Margarita River water right
adjudication by the State of California and the ``1940
Stipulated Judgement'' which apportions water between the Upper
and Lower Santa Margarita River users. Nothing in this
legislation is intended to affect the water quality, water
rights or the water rights claims of any Indian tribe, band or
community located within the Santa Margarita River watershed,
or of the United States acting on their behalf.
Section 8. Limitations on operation and administration
The operation of the project will not interfere, impair, or
deplete decreed rights of the Department of the Navy to the
availability and quantity of waters permitted under California
law prior to the project being built and used on lands
comprising Camp Pendleton and adjoining naval installations.
Section 9. Authorizations of appropriations
The bill authorizes an appropriation of $60 million for the
planning, design, and construction of project facilities and
additional sums as necessary for project operation and
maintenance purposes.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. The bill authorizes an
appropriation of $60 million for the construction of the
project plus additional funds for ongoing maintenance of the
project. The United States will also receive revenues from the
project beneficiaries from repayment contracts, but it is
unclear how large these payments will be or when they will
start.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, the
committee believes this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to plan, design, and construct facilities to provide
water for irrigation, municipal, domestic, military, and other
uses from the Santa Margarita River, California.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
COMMITTEE CORRESPONDENCE
House of Representatives,
Committee on Resources,
Washington, DC, October 1, 2004.
Hon. Duncan Hunter,
Chairman, Committee on Armed Services,
Rayburn HOB, Washington, DC.
Dear Mr. Chairman: On September 15, 2004, the Committee on
Resources reported H.R. 4389, a bill 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. The bill was referred
primarily to the Committee on Resources, with an additional
referral to the Armed Services Committee.
Knowing that we have only a short time remaining in this
session, I ask that you allow the Armed Services Committee to
be discharged from further consideration of the bill so that it
may be scheduled under suspension of the rules as soon as
possible. This discharge in no way affects your jurisdiction
over the subject matter of the bill and it will not serve as
precedent for future referrals. In addition, should a
conference on the bill be necessary, I would support your
request to have the Armed Services Committee represented on the
conference committee. I would be pleased to include this letter
and any response in the bill report filed by the Committee
Resources.
Thank you for your consideration of my request and I look
forward to bringing H.R. 4389 to the Floor soon.
Sincerely,
Richard W. Pombo,
Chairman.