Detailed Summary

<b>(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)</b>

(Sec. 2) Authorizes the Secretary of the Interior (the Secretary) to construct, operate, and maintain a project to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, in accordance with the final feasibility report and this Act.

Authorizes project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County, and the Navy have entered into contracts to repay to the United States appropriate costs; (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the project has economic, environmental, and engineering feasibility.

(Sec. 3) Provides that, upon project completion, the Department of the Navy shall be responsible to repay only that portion of costs that the Secretary and the Navy Secretary determine reflects the extent to which the Department benefits from the project.

(Sec. 4) Permits operation of the project by the Secretary, the District, or a third party consistent with this Act. Requires the Department and the District to participate in the project yield on the basis of equal priority, with 60% of the project's yield allotted to the Navy Secretary and 40% allotted to the District. Sets forth provisions governing the sale and delivery of excess water.

(Sec. 5) Requires the District's general repayment obligation to be determined by the Secretary consistent with the Reclamation Project Act of 1939.

(Sec. 6) Authorizes the Secretary to transfer operation of the project to the District or a mutually agreed upon third party. Provides that if such a transfer takes place, the District shall be entitled to an equitable credit for the costs associated with the Secretary's proportionate share of the project's operation and maintenance.

(Sec. 7) Provides that the basis, measure, and limit of all U.S. rights pertaining to the use of water under this Act shall be California law.

(Sec. 8) Prohibits the project from being administered or operated in any way that would impair or deplete the quantities of water the United States would have been entitled to use under California law had the project not been built, unless otherwise agreed by the Navy Secretary.

(Sec. 9) Authorizes appropriations.

(Sec. 10) Requires the Secretary and the Navy Secretary to report to Congress regarding whether and how the conditions specified by this Act have been met.

(Sec. 11) Terminates the Secretary's authority to complete project construction 10 years after this Act's enactment.

Status of the Legislation

Latest Major Action: 9/16/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 1008.

Points in Favor

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Points Against

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