[DOCID: f:sr115.110]
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Calendar No. 248
110th Congress Report
SENATE
1st Session 110-115
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JUAB COUNTY SURFACE AND GROUND WATER STUDY AND DEVELOPMENT 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. 1110]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1110) to amend the Reclamation Projects
Authorization and Adjustment Act of 1992 to provide for the
conjunctive use of surface and ground water in Juab County,
Utah, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 1110 is to amend the Reclamation Projects
Authorization and Adjustment Act of 1992 to provide for the
conjunctive use of surface and ground water in Juab County,
Utah.
Background and Need
Section 202(a)(2) of the Central Utah Project Completion
Act (Public Law 102-575) authorizes $10 million for the Utah
counties of Salt Lake, Utah, Davis, Wasatch, and Weber to
develop conjunctive use water projects including the
conjunctive use of surface water and groundwater and
groundwater recharge. Since the enactment of Public Law 102-575
in 1992, only Salt Lake County has participated in the
conjunctive use program, leaving approximately $8.5 million in
remaining authorization for the program. The Central Utah
Project (CUP) allows Utah to beneficially use a portion of its
allocation of the Colorado River under the Colorado River
Compact. As originally contemplated, the CUP would have
provided Juab County, Utah with project water. As it stands,
the CUP will only serve more populated areas of Utah which
excludes Juab County. Without an allocation of CUP water and
increasing demand on its existing water supply, Juab County has
been forced to investigate other sources of water. The County
has identified conjunctive use of water as a way to make
available new water supplies.
Legislative History
S. 1110 was introduced by Senator Hatch for himself and
Senator Bennett on April 16, 2007 and referred to the Committee
on Energy and Natural Resources. At its business meeting on May
23, 2007, the Committee ordered S. 1110 favorably reported.
During the 109th Congress, the Committee considered an
identical measure, S. 1812, introduced on October 3, 2005 by
Senator Hatch for himself and Senator Bennett. The Subcommittee
on Water and Power held a hearing on June 28, 2006. S. Hrg.
109-677. A companion measure, H.R. 4013, was introduced by
Representative Chris Cannon on October 7, 2005 and referred to
the House Resources Committee. Representative Rob Bishop and
Representative Jim Matheson were co-sponsors. On April 27,
2006, H.R. 4013 was favorably reported by the Committee on
Resources. H. Rept. 109-443. Under suspension of the rules,
H.R. 4013 passed the House of Representatives on June 12, 2006.
It was received in the Senate and referred to the Committee on
Energy and Natural Resources. No further action occurred prior
to the sine die adjournment of the 109th Congress.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on May 23, 2007, by voice vote of a quorum
present, recommends that the Senate pass S. 1110.
Section-by-Section Analysis
Section 1 provides the short title.
Section 2 amends section 202(a)(2) of Public Law 102-575 to
add the county of Juab, Utah to the list of counties that are
eligible to receive Federal funding for conjunctive use
projects.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
May 31, 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. 1110, the Juab
County Surface and Ground Water Study and Development 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. 1110--Juab County Surface and Ground Water Study and Development Act
of 2007
CBO estimates that implementing S. 1110 would have no
significant effect on the budget and would not affect direct
spending or revenues. This bill would add the county of Juab,
Utah, to a list of counties that are eligible to receive
federal funding for a type of water distribution system that
stores water runoff from the surface in groundwater aquifers.
Such systems are known as conjunctive-use projects.
The Central Utah Project Completion Act authorized the
appropriation of $10 million for those conjunctive-use
projects. To date, the Congress has appropriated $2.5 million
for a project in Salt Lake County. Based on information from
the Bureau of Reclamation, CBO estimates that the federal share
of a conjunctive-use project in Juab County, Utah, would be $5
million. The project authorized by S. 1110 would compete with
other eligible projects to use the remaining funds authorized
for conjunctive-use projects.
S. 1110 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 bill would benefit Juab County by authorizing the county to
use surface and ground water provided by the Utah Division of
Water Resources.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was 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. 1110. 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. 1110, as ordered reported.
Executive Communications
Because S. 1110 is identical to legislation considered by
the Committee in the 109th Congress, the Committee did not
request Executive Agency Views. The testimony provided by the
Department of the Interior at the Subcommittee hearing in the
109th Congress on S. 1812 follows:
Statement of Jason Peltier, Deputy Assistant Secretary for Water and
Science, U.S. Department of the Interior
Madam Chairwoman and members of the Subcommittee, my name
is Jason Peltier. I am a Deputy Assistant Secretary for Water
and Science in the Department of the Interior. I appreciate the
opportunity to appear before you to express the
Administration's support for S. 1812, which would amend the
Reclamation Projects Authorization and Adjustment Act of 1992,
or more specifically the Central Utah Project Completion Act.
The proposed legislation would provide the opportunity for
conjunctive use of surface and groundwater in Juab County,
Utah.
The Central Utah Project Completion Act provides for the
completion of the construction of the Central Utah Project by
the Central Utah Water Conservancy District. The Act also
authorizes programs for fish, wildlife, and recreation
mitigation and conservation; establishes an account in the
Treasury for deposit of appropriations and other contributions;
establishes the Utah Reclamation Mitigation and Conservation
Commission to coordinate mitigation and conservation
activities; and provides for the Ute Indian Water Rights
Settlement.
Section 202(a)(2) of the Central Utah Project Completion
Act provides authorization to develop conjunctive use projects
involving groundwater recharge, management and conjunctive use
of surface water and groundwater in five counties within Utah.
S. 1812 would allow conjunctive use funds currently restricted
for use in Salt Lake, Utah, Davis, Wasatch, and Weber counties
to also be used in Juab County. To date, only one project in
Salt Lake County has participated in the conjunctive use
program, leaving approximately $8.5 million of authorized
appropriations for the program. No other counties have
requested to participate in the conjunctive use program.
The conjunctive use program was originally limited to five
counties that had been part of the Bureau of Reclamation's
High-Plains States Groundwater Demonstration Program. The
Central Utah Project (CUP) as it was originally planned would
have provided Juab County with sufficient water supplies.
However, this project has evolved over time. Under current
plans, CUP water will be used in more populated areas of Utah.
East Juab County is now planning to meet its water needs
without CUP water, and this bill will provide it with an
opportunity to develop needed water resources.
This bill would not increase the level of authorized
appropriations for the Central Utah Project Completion Act, but
would allow Juab County to compete for funds in the same way
that its five sister counties do today.
Madam Chairwoman, this bill would allow Juab County to
efficiently develop its water resources, and the Administration
is pleased to support it. This concludes my testimony. I am
happy to answer any questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1110, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 102-575, Section 202(a)(2) (106 Stat. 4609)
SEC. 202. BONNEVILLE UNIT WATER DEVELOPMENT.
(a) Of the amounts authorized to be appropriated in section
201, the following amounts shall be available only for the
following features of the Bonneville Unit of the Central Utah
Project:
* * * * * * *
(2) Conjunctive use of surface and ground water.--
$10,000,000 for a feasibility study and development,
with public involvement, by the Utah Division of Water
Resources of systems to allow ground water recharge,
management, and the conjunctive use of surface water
resources with ground water resources in Salt Lake,
Utah, Davis, Juab, Wasatch, and Weber Counties, Utah.
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