[Senate Report 106-438]
[From the U.S. Government Publishing Office]
Calendar No. 883
106th Congress Report
SENATE
2d Session 106-438
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RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES ACT
_______
September 29, 2000.--Ordered to be printed
Filed under authority of the order of the Senate of September 28
(legislative day, September 22), 2000
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2195]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2195) to amend the Reclamation Wastewater
and Groundwater Study and Facilities Act to authorize the
Secretary of the Interior to participate in the design,
planning, and construction of the Truckee watershed reclamation
project for the reclamation and reuse of water, having
considered the same, reports favorably thereon with an
amendment and an amendment to the title and recommends that the
bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. TRUCKEE WATERSHED RECLAMATION PROJECT
(a) Authorization.--The Secretary of the Interior, in cooperation
with Washoe County, Nevada, may participate in the design, planning,
and construction of, the Truckee watershed reclamation project,
consisting of the North Valley Reuse Project and the Spanish Springs
Valley Septic Conversion Project, (``Project'') to reclaim and reuse
wastewater (including degraded ground water) within and without the
service area of Washoe County, Nevada.
(b) Cost Share.--The Federal share of the cost of the Project shall
not exceed 25 percent of the total cost.
(c) Limitation.--Funds provided by the Secretary shall not be used
for the operation or maintenance of the Project.
(d) Funding.--Funds appropriated pursuant to section 1615 of the
Reclamation Wastewater and Groundwater Study and Facilities Act may be
used for the Project (106 Stat. 4663-4669, 43 U.S.C. 390h et seq.), as
amended.
SEC. 2. RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES ACT
Design, planning, and construction of the Project shall be in
accordance with, and subject to the limitations contained in, the
Reclamation Wastewater and Groundwater Study and Facilities Act (106
Stat. 4663-4669, 43 U.S.C. 390h et seq.), as amended.
Amend the title so as to read: ``To authorize the Secretary
of the Interior, pursuant to the provisions of the Reclamation
Wastewater and Groundwater Study and Facilities Act to
participate in the design, planning, and construction of the
Truckee watershed reclamation project for the reclamation and
reuse of water.''
purpose of the measure
The purpose of S. 2195 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
design, planning, and construction of the Truckee watershed
reclamation project for the reclamation and reuse of water.
background and need
Title XVI of the Reclamation Projects Authorization and
Adjustment Act of 1992 (P.L. 102-575, 106 Stat. 4006)
authorized a program of wastewater reclamation and reuse
feasibility and demonstration projects within the Reclamation
States. The Federal share of costs was limited to 50 percent.
In addition, several individual studies were directed as well
as 5 projects (San Jose, Phoenix, San Diego, Los Angeles, and
San Gabriel Basin) for which funding was limited to 25 percent.
The legislation was directed at reuse of existing supplies and
did not address desalination, although title XI did authorize a
program to research and demonstrate methods for control of
salinity at the Salton Sea in California with 50 percent
Federal cost-sharing. Partially in response to the number of
requests for participation in the program and the costs, P.L.
104-266 modified the program to limit Federal contributions to
25 percent of the total cost, with a maximum of $20 million,
and required a feasibility analysis prior to the expenditure of
any funds for construction. The new requirements were not made
applicable to several very large projects, mainly in
California, authorized under title XVI. The 1996 Act also
included authorization for 18 additional water reclamation and
reuse projects in California, Utah, New Mexico, Nevada, and
Texas. Title XVI was again amended in October 1998 by P.L. 105-
321 to include authorization for the Willow Lake Natural
Treatment System Project in Oregon.
The use of reclaimed water in the arid West is significant,
especially in areas experiencing groundwater overdraft or
facing reduced freshwater supplies. While municipal uses are
the primary benefits of the program, there can be significant
indirect benefits for other consumptive uses, such as
agriculture, and non-consumptive uses, such as augmenting in-
stream flows or reducing depletions.
The Truckee watershed reclamation project
The Truckee Watershed Reclamation Project contains two
separate components: the North Valley Reuse Project in Lemmon
Valley, Nevada, and the Spanish Springs Valley Septic
Conversion Project in Washoe County, Nevada. Both of these
components were identified in a recently completed Regional
Water Management Plan, developed by staff the cities of Reno
and Sparks, Washoe County and Sierra Pacific Power Company, the
dominant water purveyor in the region.
North Valley reuse project
Lemmon Valley is located immediately north of Reno, Nevada
and is separated into two distinct hydrobasins; the west basin
lies primarily within the City of Reno, and the east basin lies
primarily within unincorporated Washoe County. Both basins have
limited groundwater and surface water resources.
The use of reclaimed wastewater effluent within Lemmon
Valley can reduce the region's current dependence on
groundwater for irrigation purposes. The city of Reno and
Washoe County plan to design and construct wastewater effluent
reuse facilities necessary to convey treated wastewater to the
region's recreation sites that currently hold groundwater
rights for irrigation. Once the new effluent reuse system is
operational, groundwater currently dedicated for irrigation
purposes can be utilized as a reliable supplement to the
region's potable water resources.
Both Washoe County and the city of Reno operate wastewater
facilities in the Lemmon Valley region. Approximately 2 miles
separate the facilities. The Reno facility is designed to treat
1.3 million gallons of wastewater per day. The city is
currently modernizing and expanding the facility's treatment
process, including the design of a new wastewater effluent
reuse delivery system.
Washoe County operates the Lemmon Valley Wastewater
Treatment Facility. This facility treats an average of 240,000
gallons of wastewater per day, and is projected to reach its
current design capacity of 300,000 gallons per day by 2002. At
that time, the facility will require major renovations, or
complete abandonment and replacement. The facility currently
does not have a beneficial effluent reuse system; rather
treated effluent is disposed of in ponds designed to allow the
wastewater to evaporate. The current cumulative water allowed
to evaporate each year from the ponds is approximately 265 acre
feet, or roughly the amount of water needed annually to
irrigate 80 acres of grass.
Washoe County and the city of Reno propose that the Lemmon
Valley facility be closed when it reaches its treatment
capacity in 2002. Wastewater currently being treated at the
site would then be pumped 2 miles to the Reno facility for
treatment. In 1996, CH2M Hill was retained to
evaluate the feasibility to close the Lemmon Valley facility
and combine treatment operations of the two facilities at the
Reno facility. CH2M Hill determined that combining
wastewater treatment at Reno was cost effective for sewer users
due to lower capital and O&M costs compared to separate
operation. More importantly, decommissioning the Lemmon Valley
facility and pumping its wastewater to Reno for treatment would
allow for more reclaimed effluent to be used in Reno's effluent
reuse system, which would be beneficial to the entire Lemmon
Valley area.
Money from sources other than selling reuse water to
replace potable supplies is needed to start the decommissioning
process and construct the pump station, pipeline and plant
expansion. Once these facilities are constructed, a revenue
source would exist to pay for O&M and enhanced recycled water
distribution due to the increased supply for recycled water.
The title XVI funds would be used for this initial
capitalization.
Spanish Springs project
Currently over 1,900 homes in the Washoe County portion of
Spanish Springs Valley are on individual septic systems. Sixty-
six percent of these septic systems are on lots less than 1
acre and 97 percent of them are on lots of less than 2 acres. A
recent USGS report commissioned by the Washoe County Regional
Water Planning Commission (RWPC) identified nitrogen
contamination of municipal and domestic wells in the area. The
source of the nitrogen was confirmed to originate from septic
tank discharge. As a result, the Nevada Division of
Environmental Protection hasdirected Washoe County to develop a
plan to bring a sewer system to the area. The county has eighteen
months to develop a facility plan to alleviate the nitrogen
contamination problem. Relocating wells will not be considered
mitigation, only the elimination of the contaminant source.
Newer subdivisions have brought a sewer interceptor to the
area creating an opportunity to connect the existing homes,
most of which are less than 20 years old. Another interceptor
is being designed and would be available to convey additional
flows to the Truckee Meadows Water Reclamation Facility. A
study commissioned by the RWPC has developed a preliminary plan
to connect these homes as mandated by the State. Costs
estimates for doing so range from $10,000 to $13,000 per house,
including a hook-up fee of $4700.
The mandate to bring a sewer system to these homes requires
Washoe County to develop an implementable plan by February
2002. This plan would include a financial plan that requires
the individual homeowners to contribute monthly payments as a
revenue source to pay off a low interest loan obtained from the
State of Nevada. Any grants to reduce these costs will reduce
the impact to the homeowners. Potential sources of funding, in
addition to title XVI funding, include wellhead protection
grants and community development block grants.
legislative history
S. 2195 was introduced by Senator Reid on March 7, 2000.
The Subcommittee on Water and Power held a hearing on July 11,
2000. At the business meeting on September 20, 2000, the
Committee on Energy and Natural Resources ordered S. 2195, as
amended, favorably reported.
committee recommendation and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000, by a unanimous voice
vote with a quorum present, recommends that the Senate pass S.
2195, if amended as described herein.
committee amendment
During the consideration of S. 2195, the Committee adopted
an amendment in the nature of a substitute that amends the
legislation to make it a freestanding bill, rather than
amending the existing title 16 Act of Public Law 102-575. The
substitute amendment also specifies the two components of the
project to be authorized. They are the North Valley Reuse
Project and the Spanish Springs Valley Septic Conversion
Project. The title of the bill is also amended. The
authorization for this wastewater reuse project is limited to
two specific projects--The North Valley Reuse Project and the
Spanish Springs Valley Septic Conversion Project. The third
project described in testimony at the July 11, 2000 Water and
Power Subcommittee hearing, the Truckee River Channel
Restoration Project, is specifically excluded from this
authorization.
cost and budgetary considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
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 S. 2195. 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 S. 2195, as ordered reported.
executive communications
On May 10, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 2195. These
reports had not been received at the time the report on S. 2195
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
Commissioner of the Bureau of Reclamation at the Subcommittee
hearing follows:
Statement of Eluid L. Martinez, Commissioner, Bureau of Reclamation,
Department of the Interior
Thank you for the opportunity to appear today to provide
the Administration's views on S. 2195, concerning the Truckee
(Nevada) watershed reclamation project. My name is Eluid
Martinez. I am Commissioner of the U.S. Bureau of Reclamation
(Reclamation).
S. 2195 would amend the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.)
[Title XVI of P.L. 102-575 (1992)] to authorize the Secretary
of the Interior (Secretary) to participate in the design,
planning, and construction of the Truckee watershed reclamation
project in Washoe County, Nevada. S. 2195 limits the Federal
share of project costs to 25 percent of the total costs and
restricts the Secretary from providing funding for the
operation and maintenance of this project. While Reclamation
strongly encourages local water recycling efforts, we must
oppose authorizing this additional Federal recycling project
for the reasons described below.
Mr. Chairman, in 1992, Congress adopted, and the President
signed, the Reclamation Projects Authorization and Adjustment
Act (Public Law 102-575). Title XVI of this Act, the Wastewater
and Groundwater Study and Facilities Act, authorized the
construction of five water reclamation and reuse projects. Four
of these projects are in California and the fifth is in
Arizona. The Secretary was also authorized to undertake a
program to identify other water recycling opportunities
throughout the 17 western United States, and to conduct
appraisal level and feasibility level studies to determine if
those opportunities are worthy of implementation. The Bureau of
Reclamation has been administering a grant program to fund
these Title XVI projects since FY 1994.
In 1996, Public Law 104-266, the Reclamation Recycling and
Water Conservation Act was enacted into law. This Act amended
Title XVI and authorized the Secretary to participate in the
planning, design, and construction of 18 additional projects,
including two desalination research and development projects.
These new projects are distributed within five states,
including California, Nevada, Utah, Texas, and New Mexico.
Title XVI was further amended in 1998 by Public Law 105-321 to
authorize Reclamation to participate in the design, planning,
and construction of the Willow Lake Natural Treatment System
Project in Salem, Oregon. To date, of the 24 specifically
authorized projects, 17 have received funding, 13 for
construction and four (4) for feasibility studies. In addition,
Congress has provided Reclamation funding to construct two
research and demonstration projects, and to participate in
appraisal level or feasibility level studies for more than ten
other potential projects that have yet to be authorized for
construction.
Municipal, industrial, domestic, and agricultural
wastewater reuse efforts can assist states and local
communities in solving contemporary water supply problems.
However, the Department opposes authorizing additional projects
in the absence of feasibility studies to determine whether
these particular projects warrant Federal funding. In general,
Reclamation places priority on funding new projects that (1)
are economically justified and environmentally acceptable in a
watershed context; (2) are not eligible for funding under
another Federal program; and (3) directly address
Administration priorities for the Reclamation program, such as
reducing the demand on existing Federal water supply
facilities.
S. 2195 would also increase outstanding Federal obligations
for the water reclamation and reuse projects already authorized
by Congress. These currently authorized projects are estimated
to cost approximately $3 billion, and the Federal government's
share of these costs is well in excess of $500 million.
Although more than $188 million has been appropriated to
Reclamation for 17 of the 24 currently authorized projects,
that amount represents only about a third of the potential
Federal contribution for the ongoing projects. At current
funding levels, it will take Reclamation more than 10 years to
complete the funding of the 24 currently authorized projects.
For these reasons, the Department of the Interior cannot
support authorizing this new construction request.
This concludes my prepared testimony. I would be happy 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 S. 2195, as
ordered reported.