[Senate Report 106-427]
[From the U.S. Government Publishing Office]
Calendar No. 849
106th Congress Report
SENATE
2d Session 106-427
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MANCOS WATER CONSERVANCY DISTRICT
_______
September 28 (legislative day, September 22), 2000.--Ordered to be
printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2594]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2594) to authorize the Secretary of the
Interior to contract with the Mancos Water Conservancy District
to use the Mancos Project facilities for impounding, storage,
diverting, and carriage of nonproject water for the purpose of
irrigation, domestic, municipal, industrial, and any other
beneficial purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
On page 3, line 18, strike all of subsection (c).
purpose of the measure
The purpose of S. 2594 is to authorize the Secretary of the
Interior to enter into Warren Act contracts with the Mancos
Water Conservancy District in Colorado to use the Mancos
Project facilities for impounding, storage, diverting, and
carriage of nonproject water for the purpose of irrigation,
domestic, municipal, industrial, and any other beneficial
purposes.
background and need
Many federally authorized projects have the ability to use
project reservoirs, canals, and ditches for the purpose of
impounding, delivering, or carrying non-project waters for the
purpose of irrigation and other beneficial uses. The Bureau of
Reclamation is authorized by the Warren Act of 1911 (36 Stat.
925) or section 305 of the Reclamation States Emergency Drought
Relief Act of 1991 (P.L. 102-250) to make such excess
facilities capacity available to third parties. In 1998, the
Department of the Interior determined that projects constructed
by the Bureau pursuant to the Water Conservation and
Utilization Act of 1939 (WCUA) do not have the authority to use
the project resources for this purpose. Contracts for use of
excess capacity in WCUA projects which existed as of November
2, 1998 continued in full force and effect until they expired.
Such contracts could not be extended by amendment.
The Mancos Project, established in 1941 and completed in
1949, was authorized by the WCUA and provides supplemental
irrigation water for the Mancos Valley. Since 1968, the
District has operated under contract to carry non-project water
through the Project and the carriage of such water has become a
normal operational procedure. The District currently has long-
term contracts in place for the conveyance of non-project water
for irrigation which were contracted before 1992. Short-term
contracts for conveyance were recently denied renewal and it is
anticipated that long-term contracts will be denied at their
expiration.
The carriage of non-project water provides a substantial
benefit to the Mancos Project by allowing for a constant flow
in the canals and reservoir, thus eliminating the minimum flow
problem on outlet works. Lack of non-project carriage would
diminish the purpose and functionality of the Project and
decrease its historic benefit to the Mancos Valley.
legislative history
S. 2594 was introduced by Senator Allard on May 18, 2000.
The Subcommittee on Water and Power held a hearing on the bill
on June 21, 2000. At the business meeting on September 20,
2000, the Committee on Energy and Natural Resources ordered S.
2594, 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 of a quorum present, recommends that the Senate pass S.
2594, if amended as described herein.
committee amendment
During the consideration of S. 2594, the Committee adopted
an amendment to strike subsection (c), which provided that
funds received by the United States would be available for
expenditure for project O&M. This subsection also provided that
funds received by the United States, in excess of the amount
needed for O&M, would be applied against project repayment.
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. 2594. 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. 2594, as ordered reported.
executive communications
On June 16, 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. 2594. These
reports had not been received at the time the report on S. 2594
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
Thank you for the opportunity to present the Department's
views on S. 2594. This bill would authorize the Secretary of
the Interior to contract with the Mancos Water Conservancy
District (District) to use excess capacity in the Mancos
Project in Colorado to impound, store, divert or carry
nonproject water for a variety of purposes. Irrigators who
benefit from the Mancos Project in Western Colorado have been
working to encourage efficient water management on project
lands. One means to manage water more efficiently is to allow
flexible use of project facilities, so that facilities can be
used to transport privately owned or adjudicated water as well
as project water for irrigation and other purposes. However,
because the Mancos Project was authorized under the Water
Conservation and Utilization Act, currently it lacks authority
to carry any non-project water. The Administration could
support S. 2594 if amended to address four concerns.
First, Section 1(c)(1) allows funds that the United States
would receive as payment for the use of its facilities under
this bill to be made available for operation and maintenance,
without further appropriation of Congress. The Department
opposes this provision. The language could mandate direct
spending and should be deleted from the bill.
Second, in the event, there is a carriage of nonproject
water for municipal and industrial or domestic uses, the
carrying charge should include an interest component. Language
should be inserted in Section 1(a)(3) to accommodate this
concern.
Third, Section 1(c)(2) should be deleted. Under this
provision, any funds the United States were to receive under
Subsection (a) that were excess to that needed for operation
and maintenance would be credited against the District's
repayment obligation, a benefit not available to other
districts that have contracts with Reclamation for the carriage
of non-project water.
Fourth, in keeping with Administration policy, S. 1852
should be amended to make clear that the District shall
reimburse Reclamation for the full cost of using Reclamation
facilities. Whether at Water Conservation and Utilization Act
(WCUA) projects, such as the Mancos Project, or at projects
authorized under Reclamation law, the Department generally
supports efforts such as this proposal, to enable the use of
excess capacity conveyance of non project water, as long as the
United States is reimbursed for the full cost of using its
facilities. Efforts to allow Reclamation to accommodate non-
project water for multiple purposes at Reclamation as well as
WCUA projects could increase the efficiency of existing
facilities and provide additional flexibility to meet water
supply needs.
Thank you for the opportunity to testify. I would be
pleased to answer any questions you may have.
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. 2594, as
ordered reported.