All 68 Stat. 303. X Commission to issue a license for the complete development of the Chapter 473 2d Session S. 3336 AN ACT All 68 Stat. 468. To promote the apportionment of the waters of the Columbia River and tributaries for irrigation and other purposes by including the States of Nevada and Utah among the States authorized to negotiate a compact providing for such apportionment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled Columbia River "An Act granting the consent of Congress to the States of Idaho, compact, Montana, Oregon, Washington, and Wyoming to negotiate and enter into a compact for the disposition, allocation, diversion, and apportionment of the waters of the Columbia River and its tributaries, and for other purposes", approved July 16, 1952 (66 Stat. 737), is amended by inserting after "Montana," the following: "Nevada,"; and after "Oregon," the following: "Utah,". Approved July 14, 1954. (190) To authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes. 43 USC 371 note. Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That the Secretary De Luz Dem, of the Interior, acting pursuant to the Federal reclamation laws (Act Calif. of June 17, 1902, 32 Stat. 388), and Acts amendatory thereof or supConstruction, plementary thereto, as far as those laws are not inconsistent with the eto. provisions of this Act, is authorized to construct, operate, and maintain such dam and other facilities as may be required to make available for irrigation, municipal, domestic, military, and other uses the yield 68 Stat. 575. of the reservoir created by De Luz Dam to be located immediately 68 Stat. 576. below the confluence of De Luz Creek with Santa Margarita River on Camp Joseph H. Pendleton, San Diego County, California, for the Fallbrook Public Utility District and such other users as herein provided. The authority of the Secretary to construct said facilities is contingent upon a determination by him that tract. 43 USC 485h. (a) the Fallbrook Public Utility District shall have entered Fallbrook Publio into a contract under subsection (d), section 9, of the Reclamation Utility District Project Act of 1939 undertaking to repay to the United States of repayment oonAmerica appropriate portions, as determined by the Secretary, 53 Stat. 1193. of the actual costs of constructing, operating, and maintaining such dam and other facilities, together with interest as hereinafter provided; and under no circumstances shall the Department of the Navy be subject to any charges or costs except on the basis of its proportional use, if any, of such dam and other facilities, as determined pursuant to section 2 (b) of this Act; (b) the officer or agency of the State of California authorized California by law to grant permits for the appropriation of water shall have permits. granted such permits to the United States of America and shall have granted permits to the Fallbrook Public Utility District for rights to the use of water for storage and diversion as provided in this Act; including, as to the Fallbrook Public Utility District, approval of all requisite changes in points of diversion and storage, and purposes and places of use: (c) the Fallbrook Public Utility District shall have agreed that Claim against it will not assert against the United States of America any prior U. S. appropriative right it may have to water in excess of that quantity deliverable to it under the provisions of this Act, and will share Equal priority in the use of the waters impounded by the De Luz Dam on the basis in use of of equal priority and in accordance with the ratio prescribed in waters. section 3 (a) of this. Act; this agreement and waiver and the changes in points of diversion and storage, required by the preceding paragraph, shall become effective and binding only when the dam and other facilities herein provided for shall have been completed and put into operation: Prorided, however. That the enactment of this legislation does not constitute a recognition of, or an admission that, the Fallbrook Public Utility District has any rights to the use of water in the Santa Margarita River, which rights, if any, exist only by virtue of the laws of the State of California; and (d) the De Luz Dam and other facilities herein authorized have Feasibility. economic and engineering feasibility. SEC. 2. (a) In the interest of comity between the United States of water rights. America and the State of California and consistent with the historic policy of the United States of America of Federal noninterference Navy Department charges, 68 Stat. 576. 68 Stat. 577. Dam operation, eto. Water allotment. with State water law, the Secretary of the Navy shall promptly comply with the procedures for the acquisition of appropriative water rights required under the laws of the State of California as soon as he is satisfied, with the advice of the Attorney General of the United States, that such action will not adversely affect the rights of the United States of America under the laws of the State of California. (b) The Department of the Navy will not be subject to any charges or costs in connection with the De Luz Dam or its facilities, except upon completion and then shall be charged in reasonable proportion to its use of the facilities under regulations agreed upon by the Secretary of the Navy and Secretary of the Interior. SEC. 3. (a) The operation of the dam and other facilities herein provided shall be by the Secretary of the Interior, under regulations satisfactory to the Secretary of the Navy with respect to the Navy's share of the impounded water and national security. In that operation. 60 per centum of the water impounded by De Luz Dam is hereby allotted to the Secretary of the Navy: 40 per centum of the water impounded by De Luz Dam is hereby allotted to the Fallbrook Public Utility District. The Department of the Navy and the Fallbrook Public Utility District will participate in the water impounded by De Luz Dam on the basis of equal priority and in accordance with the Temporary con- ratio prescribed in the preceding sentence: Provided, however. That tracts. Repayment obligation. at any time the Secretary of the Navy certifies that he does not have immediate need for any portion of the aforesaid 60 per centum of the water, the official agreed upon to administer the dam and facilities is empowered to enter into temporary contracts for the delivery of water subject, however, to the first right of the Secretary of the Navy to demand that water without charge and without obligation on the part of the United States of America upon thirty days notice as set forth in any such contract with the approval of the Secretary of the Navy: Provided, further. That all moneys paid in to the United States of America under any such contract shall be covered into the general fund of the Treasury, and shall not be applied against the indebtedness of the Fallbrook Public Utility District to the United States of America. In making any such temporary contracts for water not immediately needed by the Navy, the first right thereto, if otherwise consistent with the laws of the State of California, shall be given the Fallbrook Public Utility District. (b) The general repayment obligation of the Fallbrook Public Utility District (which shall include interest on the unamortized balance of construction costs of the project allocated to municipal and domestic waters at a rate equal to the average rate, which rate shall be certified by the Secretary of the Treasury, on the long-term loans of the United States outstanding on the date of this Act) to be undertaken pursuant to section 1 of this Act shall be spread in annual installments, which need not be equal, over a period of not more than fifty-six years, exclusive of a development period, or as near thereto as is consistent with the operation of a formula, mutually agreeable to the parties, under which the payments are varied in the light of factors pertinent to the irrigators' ability to pay. The development period shall begin in the year in which water for use by the district is first available, as announced by the Secretary, and shall end in the year in which the conservation storage space in De Luz Reservoir first fills but shall, in no event, exceed seventeen years. During the development period water shall be delivered to the district under annual water rental notices at rates fixed by the Secretary and payable in advance, and any moneys collected in excess of operation and maintenance costs shall be credited to repayment of the capital costs chargeable to the district and the repayment period fixed herein shall be reduced pro portionately. The Secretary may transfer to the district the care, operation, and maintenance of the facilities constructed by him under conditions satisfactory to him and to the district and, with respect to such of the facilities as are located within the boundaries of Camp Pendleton, satisfactory also to the Secretary of the Navy. (c) For the purposes of this Act the basis, measure, and limit of U. S. rights all rights of the United States of America pertaining to the use of under California water shall be the laws of the State of California: Provided, That law. nothing in this Act shall be construed as a grant or a relinquishment by the United States of America of any of its rights to the use of water which it acquired according to the laws of the State of California 68 Stat, 577. either as a result of its acquisition of the lands comprising Camp 68 Stat. 578. Joseph H. Pendleton and adjoining naval installations, and the rights - to the use of water as a part of said acquisition, or through actual use or prescription or both since the date of that acquisition, if any, or to create any legal obligation to store any water in De Luz Reservoir, to the use of which it has such rights, or to require the division under this Act of water to which it has such rights. (d) Unless otherwise agreed by the Secretary of the Navy, De Luz Dam as herein provided shall at all times be operated in a manner which will permit the free passage of all of the water to the use of which the United States of America is entitled according to the laws of the State of California either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of said acquisitions, or through actual use or prescription or both since the date of that acquisition, if any, and will not be administered or operated in any way which will impair or deplete the quantities of water to the use of which the United States of America would be entitled under the laws of the State of California had that structure not been built. SEC. 4. After the construction of the De Luz Dam, the official oper- Water delivery ating the reservoir shall deliver water to the Fallbrook Public Utility regulations. District, pursuant to regulations issued by the Secretary of the Interior, as follows: (1) One thousand eight hundred acre-feet in any year until the reservoir attains an active content of sixty-three thousand acre-feet; (2) Not in excess of four thousand eight hundred acre-feet in any year after the reservoir attains an active content of sixty-three thousand acre-feet and until said reservoir attains an active content of ninety-eight thousand acre-feet; and (3) Not in excess of eight thousand acre-feet in any year after the reservoir attains an active content of ninety-eight thousand acrefeet and until the conservation storage space of the reservoir has been filled. SEC. 5. The Secretary of the Army through the Chief of Engineers, Flood control. acting in accordance with section 7 of the Flood Control Act of 1944 (58 Stat. 887) is authorized to utilize for purposes of flood control such 33 USC 709. portion of the capacity of De Luz Reservoir as may be available therefor. SEC. 6. There are hereby authorized to be appropriated, out of any Santa Margarita money in the Treasury of the United States not otherwise appro- River project. priated, $22,636.000, the current estimated construction cost of the Appropriation. Santa Margarita River project, plus or minus such amounts as may be indicated by the engineering cost indices for this type of construction, and, in addition thereto, such sums as may be required to operate and maintain the said project. |