[DOCID: f:sr114.110]
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Calendar No. 247
110th Congress Report
SENATE
1st Session 110-114
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TUMALO WATER CONSERVATION PROJECT ACT OF 2007
_______
June 28, 2007.--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 S. 1037]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1037) to authorize the Secretary of the
Interior to assist in the planning, design, and construction of
the Tumalo Irrigation District Water Conservation Project in
Deschutes County, Oregon, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
PURPOSE
The purpose of S. 1037 is to authorize the Secretary of the
Interior to assist in the planning, design, and construction of
the Tumalo Irrigation District Water Conservation Project in
Deschutes County, Oregon.
BACKGROUND AND NEED
The Tumalo Irrigation District (TID or District), located
near Bend, Oregon, serves 635 land owners on approximately
8,000 irrigated acres with over 80 miles of canals, laterals,
and ditches. In March 2005, TID completed its Bend Feed Canal
Project (authorized by P.L. 106-496) and now seeks to begin its
larger Water Conservation Project (Project). The goals of the
Project are to enhance the flows in the middle basin of the
Deschutes River, a major tributary to the Columbia River in
Oregon, between Lake Billy Chinook and the City of Bend, and to
eliminate water loss, enhance public safety, and conserve
energy.
The project will pipe about 6 miles of open canals; enhance
pressurized water to TID irrigators (in lieu of pumping
systems) even in drought years; and provide in-stream flow
benefits for Tumalo Creek and the Deschutes River. Although
historically productive for trout and anadromous fisheries, the
Middle Deschutes River has recently experienced reduced
seasonal flows as low as 30 cubic feet per second (cfs). TID's
goal for the Middle Deschutes basin is to achieve flows of 250
cfs, and the District estimates that the Project will provide
20 cfs in water savings for an in-stream transfer in Tumalo
Creek and the Deschutes River. The total estimated cost
associated with the Project is $16 million.
LEGISLATIVE HISTORY
S. 1037 was introduced on March 29, 2007 by Senator Smith
for himself and Senator Wyden, and referred to the Committee on
Energy and Natural Resources. The Water and Power Subcommittee
held a hearing on S. 1037 on April 25, 2007. At the business
meeting on May 23, 2007, the Committee on Energy and Natural
Resources ordered S. 1037 favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business meeting on May 23, 2007, by voice vote of a
quorum present, recommends that the Senate pass S. 1037.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title.
Section 2 sets forth definitions.
Section 3(a) authorizes the Secretary to participate in the
planning, design, and construction of the Tumalo Irrigation
District Water Conservation Project in Oregon, in cooperation
with the District.
Section 3(b) requires that the Federal share of the total
cost of the Project be 25 percent, nonreimbursable to the
United States, and credits toward the non-Federal share of the
Project any amounts that the District provides toward the
design, planning, and construction before the date of enactment
of this Act.
Section 3(c) requires that the District hold title to any
facilities constructed under the Act.
Section 3(d) requires that the District pay the operation
and maintenance costs of the Project.
Section 3(e) declares that any assistance provided under
the Act shall not be considered to be a supplemental or
additional benefit under Federal reclamation law.
Section 4 authorizes $4,000,000 to be appropriated for the
Federal share of the cost of the Project.
Section 5 declares that the authority in the Act expires 10
years after the date of enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
June 1, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1037, the Tumalo
Water Conservation Project Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tyler
Kruzich.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 1037--Tumalo Water Conservation Project Act of 2007
Summary: S. 1037 would authorize the Secretary of the
Interior to participate in the planning, design, and
construction of the Tumalo Irrigation District Water
Conservation Project in Deschutes County, Oregon. The bill
would authorize the appropriation of $4 million for that
purpose, and CBO estimates that implementing S. 1037 would cost
$4 million over the 2008-2012 period. Enacting the bill would
have no effect on direct spending or revenues.
S. 1037 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
any costs incurred by the Tumalo Irrigation District would
result from complying with conditions of federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1037 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 1 1 1 1 0
Estimated Outlays.................................................. 1 1 1 1 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted before the start of fiscal year
2008 and that the authorized funding will be provided over the
2008-2011 period.
S. 1037 would authorize the Secretary of the Interior to
participate in the planning, design, and construction of the
Tumalo Irrigation District Water Conservation Project in
Deschutes County, Oregon. Based on information from the Bureau
of Reclamation, CBO expects that this work would be completed
over four or five years.
Under the legislation, the federal share of the cost of the
project would be 25 percent, and federal funds would not be
available for operation and maintenance of the project.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing the legislation would cost $4 million over
the 2008-2012 period.
Intergovernmental and private-sector impact: S. 1037
contains no intergovernmental or private-sector mandates as
defined in UMRA. Any costs that the Tumalo Irrigation District
might incur, including matching funds, would result from
complying with conditions of federal assistance.
Estimate prepared by: Federal Costs: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Lisa Ramirez-Branum;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, 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 S. 1037. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant responsibilities on private individuals and
business.
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. 1037.
EXECUTIVE COMMUNICATION
The testimony provided by the Department of the Interior at
the Subcommittee hearing on S. 1037 follows:
Statement of Robert Johnson, Commissioner, Bureau of Reclamation, U.S.
Department of the Interior
I am Robert Johnson, Commissioner of the Bureau of
Reclamation. I appreciate the opportunity to provide the
Department's views on S. 1037, legislation to authorize the
Secretary to participate in the planning, design, and
construction of the Tumalo Irrigation District Water
Conservation Project in Deschutes County, Oregon. The
Department cannot support S. 1037.
The Tumalo Irrigation District (District) and the
facilities in question are not part of a Reclamation project.
During the 1990's the District did have a repayment contract
for rehabilitation of Crescent Lake Dam. The District satisfied
its repayment obligation to the United States in 1998, and
holds title to all project facilities.
The Tumalo Irrigation District Water Conservation Project
(Project) would convert approximately 6 miles of open canal in
the District into a pipeline. It is Reclamation's understanding
that the Project, known locally as the Tumalo Feed Canal
pipeline, would conserve up to 20 cubic feet per second (cfs)
of water for instream use. The Administration supports the
objective of the District to conserve water and to improve
instream flows while not diminishing the amount of water
available for agricultural uses. Furthermore, we recognize the
improvements made in S. 1037 over legislation introduced in the
previous Congress.
S. 1037 authorizes the Secretary to participate in the
planning, design, and construction of the Project and provides
authorization for $4.0 million to be appropriated for the
Federal share of the Project. Project sponsors anticipate the
Federal share of the Project would be made in the form of a
grant; however, the language in Section 3(a)(1) does not
clearly give the Secretary such authority.
Most importantly, the Department is concerned that use of
Reclamation funds on non-Reclamation projects would adversely
impact water projects which Congress has charged Reclamation
with operating and maintaining. Reclamation activities are
targeted to perform essential functions at Federal projects,
such as security, operations and maintenance (O&M), resource
management, dam safety, and construction.
As conceived, the District's water conservation project may
be ideally suited to compete for funds within the Department of
the Interior's existing water conservation programs like the
Water 2025 Program. Through such conservation programs, local
entities develop innovative on-the-ground solutions to water
supply problems with financial assistance from Reclamation.
However, because of the reasons stated above, the Department
cannot support the legislation.
This 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 S. 1037, as
ordered reported.
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