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                                                       Calendar No. 248
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-115

======================================================================



 
 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.