S. 3798

A bill to direct the Secretary of the Interior to exclude and defer from the pooled reimbursable costs of the Central Valley Project the reimbursable capital costs of the unused capacity of the Folsom South Canal, Auburn-Folsom South Unit, Central Valley Project, and for other purposes.

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II

109th CONGRESS

2d Session

S. 3798

IN THE SENATE OF THE UNITED STATES

August 3, 2006

Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To direct the Secretary of the Interior to exclude and defer from the pooled reimbursable costs of the Central Valley Project the reimbursable capital costs of the unused capacity of the Folsom South Canal, Auburn-Folsom South Unit, Central Valley Project, and for other purposes.

1.

Certain amounts exclude and defer from the pooled reimbursable costs related to the Central Valley Project

(a)

In general

The Secretary of the Interior (referred to in this section as the Secretary) shall exclude and defer from the pooled reimbursable costs of the Central Valley Project the reimbursable capital costs of the unused capacity of the Folsom South Canal, Auburn-Folsom South Unit, Central Valley Project.

(b)

Calculation of amount of deferred use

The Secretary shall calculate the amount to be assigned to deferred use as soon as practical and such shall be reflected in future years’ water rates.

(c)

Calculation of capital costs

For the purpose of calculating the excluded reimbursable cost for the Folsom South Canal facility, the Secretary shall multiply the existing total reimbursable cost for the facility by a factor, to be determined by dividing the current minimum unused conveyance capacity of the canal by the original design conveyance capacity of the canal. The minimum unused conveyance capacity of the canal shall—

(1)

be determined by the Secretary;

(2)

be based upon actual historic measured flows in the canal and planned future flows; and

(3)

include the amount of Central Valley Project water that was originally conveyed or was historically projected to be conveyed through the Folsom South Canal which may have been contractually assigned to another entity.

(d)

Review and adjustment

The Secretary shall review and adjust—

(1)

the amount described in subsection (b)(3) as appropriate and recalculate the amount of such unused capacity of the Folsom South Canal; and

(2)

the amount of reimbursable capital costs of the Folsom South Canal.

(e)

Conveyance of certain water

So long as an entity that is allocated and that pays capital, interest, and operation and maintenance costs associated with an amount of Central Valley Project water historically assigned to the Folsom South Canal does not use the Folsom South Canal for the conveyance of Central Valley Project water, that entity shall be entitled, without additional cost, to convey up to an equivalent amount of non-Central Valley Project water through the Folsom South Canal.