[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1012 Reported in Senate (RS)]
<DOC>
Calendar No. 645
115th CONGRESS
2d Session
S. 1012
[Report No. 115-358]
To provide for drought preparedness measures in the State of New
Mexico, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2017
Mr. Udall (for himself and Mr. Heinrich) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
November 14, 2018
Reported by Ms. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for drought preparedness measures in the State of New
Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``New
Mexico Drought Preparedness Act of 2017''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Water acquisition program.
<DELETED>Sec. 4. Water conservation.
<DELETED>Sec. 5. Middle Rio Grande peak flow restoration.
<DELETED>Sec. 6. National Academy of Sciences study.
<DELETED>Sec. 7. Emergency funding.
<DELETED>Sec. 8. Secure Water Act reauthorization.
<DELETED>Sec. 9. Reclamation States Emergency Drought Relief Act
reauthorization.
<DELETED>Sec. 10. Rio Grande Pueblo irrigation infrastructure
reauthorization.
<DELETED>Sec. 11. Regional conservation partnership program.
<DELETED>Sec. 12. Conservation reserve program.
<DELETED>Sec. 13. Effect on existing law.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> Except as otherwise provided in this Act, in this
Act:</DELETED>
<DELETED> (1) Basin.--The term ``Basin''--</DELETED>
<DELETED> (A) is limited to areas within the State
of New Mexico; and</DELETED>
<DELETED> (B) means each of--</DELETED>
<DELETED> (i) the Upper Rio Grande
Basin;</DELETED>
<DELETED> (ii) the Middle Rio Grande
Basin;</DELETED>
<DELETED> (iii) the Lower Rio Grande
Basin;</DELETED>
<DELETED> (iv) the Lower Pecos River
Basin;</DELETED>
<DELETED> (v) the Gila River
Basin;</DELETED>
<DELETED> (vi) the Canadian River
Basin;</DELETED>
<DELETED> (vii) the San Francisco River
Basin; and</DELETED>
<DELETED> (viii) the San Juan River
Basin.</DELETED>
<DELETED> (2) District.--The term ``District'' means the
Middle Rio Grande Conservancy District.</DELETED>
<DELETED> (3) Pueblo.--The term ``Pueblo'' means each of the
following pueblos in the State:</DELETED>
<DELETED> (A) Cochiti.</DELETED>
<DELETED> (B) Santo Domingo.</DELETED>
<DELETED> (C) San Felipe.</DELETED>
<DELETED> (D) Santa Ana.</DELETED>
<DELETED> (E) Sandia.</DELETED>
<DELETED> (F) Isleta.</DELETED>
<DELETED> (4) Rio grande compact.--The term ``Rio Grande
Compact'' means the compact approved by Congress under the Act
of May 31, 1939 (53 Stat. 785, chapter 155).</DELETED>
<DELETED> (5) Secretaries.--The term ``Secretaries'' means--
</DELETED>
<DELETED> (A) the Administrator of the Environmental
Protection Agency;</DELETED>
<DELETED> (B) the Secretary of Commerce;
and</DELETED>
<DELETED> (C) the Secretary of the
Interior.</DELETED>
<DELETED> (6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (7) State.--The term ``State'' means the State of
New Mexico.</DELETED>
<DELETED>SEC. 3. WATER ACQUISITION PROGRAM.</DELETED>
<DELETED> (a) In General.--The Secretary, acting through the
Commissioner of Reclamation, shall carry out in the Basins a water
acquisition program in coordination with the other appropriate Federal
agencies, State agencies, and non-Federal stakeholders, under which the
Secretary shall--</DELETED>
<DELETED> (1) make acquisitions of water in the Basins by
lease or purchase of water rights or contractual entitlements
from willing lessors or sellers, consistent with section 8 of
the Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande
Compact, and applicable State law relating to the acquisition
and administration of water rights; and</DELETED>
<DELETED> (2) take any other actions, consistent with
section 8 of the Act of June 17, 1902 (43 U.S.C. 383), the Rio
Grande Compact, and applicable State law, that the Secretary
determines would achieve the purposes of the water acquisition
program described in subsection (b).</DELETED>
<DELETED> (b) Purposes.--The purposes of the water acquisition
program are--</DELETED>
<DELETED> (1) to enhance stream flow to benefit fish and
wildlife (including endangered species), water quality, and
river ecosystem restoration in the Basins; and</DELETED>
<DELETED> (2) to enhance stewardship and conservation of
working land, water, and watersheds in the Basins, consistent
with the purpose described in paragraph (1).</DELETED>
<DELETED> (c) Coordination.--To assist in developing and
administering the program, the Secretary may provide funds to a
federally established nonprofit entity with particular expertise in
western water transactions.</DELETED>
<DELETED> (d) District Projects.--Subject to the Rio Grande Compact
and applicable State law, the Secretary may develop programs to
provide--</DELETED>
<DELETED> (1) cost-share assistance to the District or
agricultural producers and irrigators in the District for
making irrigation system improvements and increase system
efficiency;</DELETED>
<DELETED> (2) incentives to the District for the
establishment of a water leasing program from willing lessors
for agricultural producers and irrigators in the District to
temporarily lease pre-1907 water rights (instead of permanent
severance from irrigable lands) for the purpose of providing
benefits to species listed under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and other river ecosystem
benefits; and</DELETED>
<DELETED> (3) cost-share assistance to the District to
implement infrastructure or operational changes that will allow
for effective management of a leasing program, while
maintaining adequate water deliveries to other agricultural
producers and irrigators.</DELETED>
<DELETED>SEC. 4. WATER CONSERVATION.</DELETED>
<DELETED> (a) In General.--The Secretary, in cooperation with the
District and in consultation with the Pueblos, may provide funding and
technical assistance for the installation of metering and measurement
devices and the construction of check structures on irrigation
diversions, canals, laterals, ditches, and drains--</DELETED>
<DELETED> (1) to ensure the conservation and efficient use
of water within the District by--</DELETED>
<DELETED> (A) reducing actual consumptive use;
or</DELETED>
<DELETED> (B) not increasing the use of water;
and</DELETED>
<DELETED> (2) to improve the measurement and allocation of
water acquired through the water acquisition program
established under section 3.</DELETED>
<DELETED> (b) Rio Grande, San Acacia and Isleta Reaches.--</DELETED>
<DELETED> (1) In general.--The Secretary shall provide for
development of a comprehensive plan for the San Acacia and
Isleta reaches to plan, design, construct and prioritize
projects that balance river maintenance, water availability,
use, and delivery, and ecosystem benefits, including--
</DELETED>
<DELETED> (A) planning, permitting, and construction
of a pumping station at Bosque del Apache National
Wildlife Refuge for the purpose of more efficiently
using water to provide--</DELETED>
<DELETED> (i) a stable supply for the
refuge; and</DELETED>
<DELETED> (ii) an efficient and reliable
supply of water to the Rio Grande for the
benefit of the endangered silvery minnow and
Southwestern willow flycatcher;</DELETED>
<DELETED> (B) planning, permitting, and construction
of a river channel realignment project near the Rio
Grande mile-83 for the purpose addressing river channel
aggradation while maintaining floodplain
connectivity;</DELETED>
<DELETED> (C) planning, permitting, and construction
of a controlled outlet for the low flow conveyance
channel to the Rio Grande between Fort Craig, New
Mexico and Rio Grande mile-60 for the purpose of water
use and delivery, enhancement and development of
habitat areas, and possible creation of a single-
channel river ecosystem; and</DELETED>
<DELETED> (D) development of a Lower Reach Plan--
</DELETED>
<DELETED> (i) to identify additional
projects and maintenance activities with water
use, sediment management, and delivery and
ecosystem benefits; and</DELETED>
<DELETED> (ii) to prioritize implementation
of all projects and activities.</DELETED>
<DELETED> (2) Public participation.--In carrying out this
subsection, the Secretary shall provide a process for public
participation and comment during plan development and
alternative analysis.</DELETED>
<DELETED>SEC. 5. MIDDLE RIO GRANDE PEAK FLOW RESTORATION.</DELETED>
<DELETED> (a) Temporary Deviation.--During the 5-year period
beginning on the date of enactment of this Act, the Secretary of the
Army shall continue the temporary deviation in the operation of Cochiti
Lake and Jemez Canyon Dam, that was initiated in 2009 and terminated in
2013, to continue to evaluate the benefits of the deviation.</DELETED>
<DELETED> (b) Feasibility Study and Report.--Not later than 1 year
after the date of enactment of this Act, the Secretary of the Army and
the Secretary shall--</DELETED>
<DELETED> (1) conduct a feasibility study to address Cochiti
Dam operation limitations on the timing, magnitude, and
duration of flows that support federally listed species in the
Middle Rio Grande, consistent with subsection (c);
and</DELETED>
<DELETED> (2) submit to Congress a feasibility report on the
reauthorization of the purposes of Cochiti Dam.</DELETED>
<DELETED> (c) Goals.--The deviation described in subsection (a)
shall provide for the detention and release of native Rio Grande water
and San Juan-Chama Project water with the goals of--</DELETED>
<DELETED> (1) restoring natural river processes to the Rio
Grande, including a spring peak flow to the Rio
Grande;</DELETED>
<DELETED> (2) increasing the spawning and recruitment of
endangered Rio Grande silvery minnows;</DELETED>
<DELETED> (3) creating overbanking flows that are
necessary--</DELETED>
<DELETED> (A) to maintain a healthy bosque;
and</DELETED>
<DELETED> (B) to support habitat for the
Southwestern willow flycatcher and other
wildlife;</DELETED>
<DELETED> (4) maintaining channel capacity; and</DELETED>
<DELETED> (5) increasing water operational flexibility and
efficiencies in meeting irrigation and municipal and industrial
purposes, if the increased water operational flexibility and
efficiencies enhance the goals described in paragraphs (1) and
(4).</DELETED>
<DELETED> (d) Monitoring.--The Secretary of the Army, in cooperation
with the Secretary and other Federal and non-Federal stakeholders
shall--</DELETED>
<DELETED> (1) monitor the environmental effects, benefits,
and results of the deviation mandated under this section;
and</DELETED>
<DELETED> (2) compile any data necessary to evaluate the
need for further amendment to the authorizations and water
control manuals for Cochiti Lake or Jemez Canyon Dam.</DELETED>
<DELETED> (e) Approval Required.--Before implementing the proposed
deviation under this section, as required by the applicable water
control manuals, the Secretary of the Army shall first obtain approval
from--</DELETED>
<DELETED> (1) Pueblo de Cochiti;</DELETED>
<DELETED> (2) Pueblo of Santa Ana; and</DELETED>
<DELETED> (3) the Rio Grande Compact Commission.</DELETED>
<DELETED> (f) Reports.--The Secretary of the Army shall prepare and
submit to Congress--</DELETED>
<DELETED> (1) for each year in which the deviations are
being carried out under this section, annual reports that
describe the data compiled under subsection (d)(2);
and</DELETED>
<DELETED> (2) at the end of the period described in
subsection (a), a final, cumulative report that summarizes the
data obtained during that period.</DELETED>
<DELETED>SEC. 6. NATIONAL ACADEMY OF SCIENCES STUDY.</DELETED>
<DELETED> (a) Definition of Basin.--</DELETED>
<DELETED> (1) In general.--In this section, the term
``basin'' means the Rio Grande and the tributaries of the Rio
Grande between--</DELETED>
<DELETED> (A) the headwaters of the Rio Grande and
the Rio Chama in the State of Colorado; and</DELETED>
<DELETED> (B) Elephant Butte Reservoir in the
State.</DELETED>
<DELETED> (2) Exclusions.--In this section, the term
``basin'' does not include Elephant Butte Reservoir, Caballo
Dam, or any portion of the Rio Grande or the tributaries of the
Rio Grande downstream of Elephant Butte Reservoir.</DELETED>
<DELETED> (b) Study.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Army and the Secretary
shall enter into an arrangement with the National Academy of Sciences
to carry out a study on water and reservoir management and operation
issues in the basin (including the Heron, El Vado, Abiquiu, Cochiti,
and Jemez Canyon Dams and Reservoirs), which shall include--</DELETED>
<DELETED> (1) an evaluation of existing basin reservoir
authorizations and legal requirements;</DELETED>
<DELETED> (2) a summary of--</DELETED>
<DELETED> (A) the physical-hydrologic understanding
of existing basin reservoir operations; and</DELETED>
<DELETED> (B) any potential constraints on basin
reservoirs in light of climate change
projections;</DELETED>
<DELETED> (3) an identification of opportunities to optimize
water storage and management to benefit the basin ecosystem,
irrigators and municipal users, and to promote water
conservation through reauthorization of, reoperation of,
regulation of, or physical improvements to the
reservoirs;</DELETED>
<DELETED> (4) an evaluation of the physical-hydrologic
feasibility of the identified future basin reservoir management
scenarios;</DELETED>
<DELETED> (5) an identification of water use, supply, and
accounting impacts to other stakeholders in the
State;</DELETED>
<DELETED> (6) consideration of operations such as--
</DELETED>
<DELETED> (A) the storage of supplemental water
acquired by and under the control of the Bureau of
Reclamation;</DELETED>
<DELETED> (B) the carryover storage of San Juan-
Chama Project contract water;</DELETED>
<DELETED> (C) the Pueblo Prior and Paramount
operation water;</DELETED>
<DELETED> (D) changes in timing of water released to
offset municipal pumping;</DELETED>
<DELETED> (E) changes in the timing of storage and
release of floodwaters;</DELETED>
<DELETED> (F) the reduction of evaporative losses
from basin reservoirs;</DELETED>
<DELETED> (G) conservation of water resulting from
irrigation operation changes by non-Indian and Pueblo
irrigators;</DELETED>
<DELETED> (H) the impacts of management and
operations on recreation and hydropower;</DELETED>
<DELETED> (I) the impacts of management and
operations on the basin ecosystem and the habitats that
support species listed under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.); and</DELETED>
<DELETED> (J) any other factors the Academy
determines to be necessary for purposes of fully
evaluating opportunities to achieve greater water
conservation, drought resiliency, and ecological health
in the basin; and</DELETED>
<DELETED> (7) recommendations for future management
scenarios and measures that Congress could take with respect to
the basin, consistent with all applicable law, including the
Act of June 17, 1902 (43 U.S.C. 383), and the Rio Grande
Compact to assist the agencies in establishing more flexible
operating procedures to improve the performance of basin
reservoir operations in accommodating multiple
purposes.</DELETED>
<DELETED> (c) Cosponsors.--The Secretary of the Army and the
Secretary may solicit cosponsors for the study under subsection (b), as
appropriate, including State or private organizations.</DELETED>
<DELETED> (d) Public Availability of Study.--On the date on which
the National Academy of Sciences completes the study under this
section, the National Academy of Sciences shall make available to the
public the results of the study.</DELETED>
<DELETED> (e) Report.--Not later than 2 years after the date of
enactment of this Act, the National Academy of Sciences shall submit to
the Secretary of the Army and the Secretary a report that contains a
summary of the results of the study conducted under this
section.</DELETED>
<DELETED>SEC. 7. EMERGENCY FUNDING.</DELETED>
<DELETED> (a) Financial Assistance.--</DELETED>
<DELETED> (1) In general.--Financial assistance may be made
available under the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2201 et seq.), title XII of the Food
Security Act of 1985 (16 U.S.C. 3801 et seq.), and any other
applicable Federal law (including regulations), to each
applicable program at the discretion of the Secretaries for
eligible water projects to assist western States and tribal
governments to address drought-related impacts to water
supplies or any other immediate water-related crisis or
conflict.</DELETED>
<DELETED> (2) Additional availability.--Financial assistance
may be made available under this section to organizations and
entities with water delivery authority that are engaged in
collaborative processes to restore the environment or are part
of a basin-wide solution for restoration.</DELETED>
<DELETED> (b) Types of Assistance.--Assistance under subsection (a)
may include a range of projects, including--</DELETED>
<DELETED> (1) the installation of pumps, temporary barriers,
or operable gates for water diversion and fish
protection;</DELETED>
<DELETED> (2) the installation of drought-relief groundwater
wells for Indian tribes and in wildlife refuges and other
areas;</DELETED>
<DELETED> (3) the acquisition or assistance in the
acquisition of water from willing sellers to enhance stream
flow for the benefit of fish and wildlife (including endangered
species), water quality, river ecosystem restoration, and other
beneficial purposes, to be carried out in accordance with the
water acquisition program established under section
3;</DELETED>
<DELETED> (4) agricultural and urban conservation and
efficiency projects;</DELETED>
<DELETED> (5) exchanges with any water district willing to
provide water to meet the emergency water needs of other water
districts in return for the delivery of equivalent quantities
of water later that year or in future years;</DELETED>
<DELETED> (6) maintenance of cover crops to prevent public
health impacts from severe dust storms;</DELETED>
<DELETED> (7) emergency pumping projects for critical health
and safety purposes;</DELETED>
<DELETED> (8) activities to reduce water demand consistent
with a comprehensive program for environmental restoration and
settlement of water rights claims;</DELETED>
<DELETED> (9) the use of new or innovative on-farm water
conservation technologies or methods that may--</DELETED>
<DELETED> (A) assist in sustaining permanent crops
in areas with severe water shortages; and</DELETED>
<DELETED> (B) make water available for other
beneficial uses;</DELETED>
<DELETED> (10) activities that protect, restore, or enhance
fish and wildlife habitat or otherwise improve environmental
conditions, including water quantity or quality concerns and
improved fish passage;</DELETED>
<DELETED> (11) activities reducing or preventing groundwater
depletion or promoting groundwater recharge;</DELETED>
<DELETED> (12) technical assistance to improve existing
irrigation practices to provide water supply
benefits;</DELETED>
<DELETED> (13) the investigation of, and pilot projects for,
brackish water development and aquifer storage and
recovery;</DELETED>
<DELETED> (14) the lining of irrigation ditches and canals
to reduce water loss and improve efficiency;</DELETED>
<DELETED> (15) assistance to municipal water management
entities for water supply planning in preparation for and in
response to dry, critically dry, and below normal water years,
including--</DELETED>
<DELETED> (A) hydrological forecasting;</DELETED>
<DELETED> (B) identification of alternative water
supply sources; and</DELETED>
<DELETED> (C) guidance on potential water transfer
partners; and</DELETED>
<DELETED> (16) any other assistance the Secretary determines
to be necessary to increase available water supplies, maintain
the health of river ecosystems, or mitigate drought
impacts.</DELETED>
<DELETED>SEC. 8. SECURE WATER ACT REAUTHORIZATION.</DELETED>
<DELETED> Section 9504(a) of the Omnibus Public Land Management Act
of 2009 (42 U.S.C. 10364(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (1)(H)--</DELETED>
<DELETED> (A) in clause (i), by striking ``or'' at
the end;</DELETED>
<DELETED> (B) in clause (ii), by striking the period
at the end and inserting ``; or''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) to plan for or address the
impacts of drought.''; and</DELETED>
<DELETED> (2) in paragraph (3)(E), by adding at the end the
following:</DELETED>
<DELETED> ``(v) Authority of commissioner.--
The Commissioner of Reclamation may, at the
discretion of the Commissioner, waive any cost-
share requirements.''.</DELETED>
<DELETED>SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT
REAUTHORIZATION.</DELETED>
<DELETED> Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended by striking ``2017'' and
inserting ``2022''.</DELETED>
<DELETED>SEC. 10. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE
REAUTHORIZATION.</DELETED>
<DELETED> Section 9106 of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1304) is amended--</DELETED>
<DELETED> (1) in subsection (c)(4), by striking ``2 years
after the date of enactment of this Act'' and inserting
``December 31, 2018''; and</DELETED>
<DELETED> (2) in subsection (g)(2), by striking ``2010
through 2019'' and inserting ``2017 through 2025''.</DELETED>
<DELETED>SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.</DELETED>
<DELETED> The Secretary of Agriculture may allocate financial
assistance made available under subtitle I of title XII of the Food
Security Act of 1985 (16 U.S.C. 3871 et seq.) to establish special
conservation initiatives at the local, State, or regional level to
assist producers in implementing eligible activities on agricultural
land in the western States for the purposes of--</DELETED>
<DELETED> (1) mitigating the effects of drought on
agricultural production and the environment;</DELETED>
<DELETED> (2) improving water quality and quantity,
including reducing groundwater depletion;</DELETED>
<DELETED> (3) restoring, enhancing, and preserving fish and
wildlife habitat; and</DELETED>
<DELETED> (4) promoting innovative and collaborative
conservation tools and approaches.</DELETED>
<DELETED>SEC. 12. CONSERVATION RESERVE PROGRAM.</DELETED>
<DELETED> (a) Conservation Priority Areas.--Section 1231(f) of the
Food Security Act of 1985 (16 U.S.C. 3831(f)) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking ``or'' and all
that follows through the period at the end and inserting ``,
water quantity, or habitat impacts related to agricultural
production activities.'';</DELETED>
<DELETED> (2) in paragraph (3), by striking ``or'' and all
that follows through the period at the end and inserting ``,
water quantity, or habitat impacts related to agricultural
production activities.''; and</DELETED>
<DELETED> (3) in paragraph (4), by striking ``water quality
and habitat benefits'' and inserting ``water quality, water
quantity, and habitat benefits''.</DELETED>
<DELETED> (b) Special Conservation Reserve Enhancement Program.--
Section 1234(g)(2)(B) of the Food Security Act of 1985 (16 U.S.C.
3834(g)(2)(B)) is amended by inserting ``, including improving water
conservation and drought mitigation'' before the period at the
end.</DELETED>
<DELETED>SEC. 13. EFFECT ON EXISTING LAW.</DELETED>
<DELETED> (a) In General.--An action taken by any of the Secretaries
or another entity under this Act or an amendment made by this Act shall
comply with applicable State laws in effect on the date of enactment of
this Act, including a law described in subsection (b).</DELETED>
<DELETED> (b) State Law.--Nothing in this Act or an amendment made
by this Act affects, is intended to affect, or interferes with a law of
the State relating to the control, appropriation, use, or distribution
of water, or any vested right acquired under the law.</DELETED>
<DELETED> (c) Rio Grande Compact.--Nothing in this Act or an
amendment made by this Act affects or is intended to affect or
interfere with any obligation of a State under the Rio Grand Compact or
any litigation related to the Rio Grande Compact.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Mexico Drought
Preparedness Act of 2018''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Water acquisition program.
Sec. 4. Water conservation.
Sec. 5. National Academy of Sciences study.
Sec. 6. Emergency funding.
Sec. 7. Secure Water Act grants and cooperative agreements.
Sec. 8. Rio Grande Pueblo irrigation infrastructure reauthorization.
Sec. 9. Effect on existing law.
SEC. 2. DEFINITIONS.
Except as otherwise provided in this Act, in this Act:
(1) Basin.--The term ``Basin''--
(A) is limited to areas within the State of New
Mexico; and
(B) means each of--
(i) the Upper Rio Grande Basin;
(ii) the Middle Rio Grande Basin;
(iii) the Lower Rio Grande Basin;
(iv) the Lower Pecos River Basin;
(v) the Gila River Basin;
(vi) the Canadian River Basin;
(vii) the San Francisco River Basin; and
(viii) the San Juan River Basin.
(2) District.--The term ``District'' means the Middle Rio
Grande Conservancy District.
(3) Pueblo.--The term ``Pueblo'' means each of the
following pueblos in the State:
(A) Cochiti.
(B) Santo Domingo.
(C) San Felipe.
(D) Santa Ana.
(E) Sandia.
(F) Isleta.
(4) Rio grande compact.--The term ``Rio Grande Compact''
means the compact approved by Congress under the Act of May 31,
1939 (53 Stat. 785, chapter 155).
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce; and
(C) the Secretary of the Interior.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. WATER ACQUISITION PROGRAM.
(a) In General.--The Secretary, acting through the Commissioner of
Reclamation, shall carry out in the Basins a water acquisition program
in coordination with the other appropriate Federal agencies, State
agencies, and non-Federal stakeholders, under which the Secretary
shall--
(1) make acquisitions of water in the Basins by lease or
purchase of water rights or contractual entitlements from
willing lessors or sellers, consistent with section 8 of the
Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact,
and applicable State law relating to the acquisition and
administration of water rights; and
(2) take any other actions, consistent with section 8 of
the Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande
Compact, and applicable State law, that the Secretary
determines would achieve the purposes of the water acquisition
program described in subsection (b).
(b) Purposes.--The purposes of the water acquisition program are--
(1) to enhance stream flow to benefit fish and wildlife
(including endangered species), water quality, and river
ecosystem restoration in the Basins; and
(2) to enhance stewardship and conservation of working
land, water, and watersheds in the Basins, consistent with the
purpose described in paragraph (1).
(c) Coordination.--To assist in developing and administering the
program, the Secretary may provide funds to a federally established
nonprofit entity with particular expertise in western water
transactions.
(d) District Projects.--Subject to the Rio Grande Compact and
applicable State law, the Secretary may develop programs to provide--
(1) cost-share assistance to the District or agricultural
producers and irrigators in the District for making irrigation
system improvements and increase system efficiency;
(2) incentives to the District for the establishment of a
water leasing program from willing lessors for agricultural
producers and irrigators in the District to temporarily lease
pre-1907 water rights (instead of permanent severance from
irrigable lands) for the purpose of providing benefits to
species listed under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) and other river ecosystem benefits; and
(3) cost-share assistance to the District to implement
infrastructure or operational changes that will allow for
effective management of a leasing program, while maintaining
adequate water deliveries to other agricultural producers and
irrigators.
SEC. 4. WATER CONSERVATION.
(a) In General.--The Secretary, in cooperation with the District
and in consultation with the Pueblos, may provide funding and technical
assistance for the installation of metering and measurement devices and
the construction of check structures on irrigation diversions, canals,
laterals, ditches, and drains--
(1) to ensure the conservation and efficient use of water
within the District by--
(A) reducing actual consumptive use; or
(B) not increasing the use of water; and
(2) to improve the measurement and allocation of water
acquired through the water acquisition program established
under section 3.
(b) Rio Grande, San Acacia and Isleta Reaches.--
(1) In general.--The Secretary shall provide for
development of a comprehensive plan for the San Acacia and
Isleta reaches to plan, design, construct and prioritize
projects that balance river maintenance, water availability,
use, and delivery, and ecosystem benefits, including--
(A) planning, permitting, and construction of a
pumping station at Bosque del Apache National Wildlife
Refuge for the purpose of more efficiently using water
to provide--
(i) a stable supply for the Refuge; and
(ii) an efficient and reliable supply of
water to the Rio Grande for the benefit of the
endangered silvery minnow and Southwestern
willow flycatcher;
(B) planning, permitting, and construction of a
river channel realignment project near the Rio Grande
mile-83 for the purpose addressing river channel
aggradation while maintaining floodplain connectivity;
(C) planning, permitting, and construction of a
controlled outlet for the low flow conveyance channel
to the Rio Grande between Fort Craig, New Mexico and
Rio Grande mile-60 for the purpose of water use and
delivery, enhancement and development of habitat areas,
and possible creation of a single-channel river
ecosystem; and
(D) development of a Lower Reach Plan--
(i) to identify additional projects and
maintenance activities with water use, sediment
management, and delivery and ecosystem
benefits; and
(ii) to prioritize implementation of all
projects and activities.
(2) Public participation.--In carrying out this subsection,
the Secretary shall provide a process for public participation
and comment during plan development and alternative analysis.
SEC. 5. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Definition of Basin.--
(1) In general.--In this section, the term ``basin'' means
the Rio Grande and the tributaries of the Rio Grande between--
(A) the headwaters of the Rio Grande and the Rio
Chama in the State of Colorado; and
(B) Elephant Butte Reservoir in the State.
(2) Exclusions.--In this section, the term ``basin'' does
not include Elephant Butte Reservoir, Caballo Dam, or any
portion of the Rio Grande or the tributaries of the Rio Grande
downstream of Elephant Butte Reservoir.
(b) Study.--Not later than 60 days after the date of enactment of
this Act, the Secretary of the Army and the Secretary shall enter into
an arrangement with the National Academy of Sciences to carry out a
study on water and reservoir management and operation issues in the
basin (including the Heron, El Vado, Abiquiu, Cochiti, and Jemez Canyon
Dams and Reservoirs), which shall include--
(1) an evaluation of existing basin reservoir
authorizations and legal requirements;
(2) a summary of--
(A) the physical-hydrologic understanding of
existing basin reservoir operations; and
(B) any potential constraints on basin reservoirs
in light of climate change projections;
(3) an identification of opportunities to optimize water
storage and management to benefit the basin ecosystem,
irrigators and municipal users, and to promote water
conservation through reauthorization of, reoperation of,
regulation of, or physical improvements to the reservoirs;
(4) an evaluation of the physical-hydrologic feasibility of
the identified future basin reservoir management scenarios;
(5) an identification of water use, supply, and accounting
impacts to other stakeholders in the State;
(6) consideration of operations such as--
(A) the storage of supplemental water acquired by
and under the control of the Bureau of Reclamation;
(B) the carryover storage of San Juan-Chama Project
contract water;
(C) the Pueblo Prior and Paramount operation water;
(D) changes in timing of water released to offset
municipal pumping;
(E) changes in the timing of storage and release of
floodwaters;
(F) the reduction of evaporative losses from basin
reservoirs;
(G) conservation of water resulting from irrigation
operation changes by non-Indian and Pueblo irrigators;
(H) the impacts of management and operations on
recreation and hydropower;
(I) the impacts of management and operations on the
basin ecosystem and the habitats that support species
listed under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(J) any other factors the Academy determines to be
necessary for purposes of fully evaluating
opportunities to achieve greater water conservation,
drought resiliency, and ecological health in the basin;
and
(7) recommendations for future management scenarios and
measures that Congress could take with respect to the basin,
consistent with all applicable law, including the Act of June
17, 1902 (43 U.S.C. 383), and the Rio Grande Compact to assist
the agencies in establishing more flexible operating procedures
to improve the performance of basin reservoir operations in
accommodating multiple purposes.
(c) Coordination With Other Studies.--To the maximum extent
practicable, the study carried out under subsection (b) shall be
coordinated with, and use data collected and analyses conducted for,
other studies of the basin, including the Bureau of Reclamation Rio
Grande Basin Study initiated in 2017.
(d) Cosponsors.--The Secretary of the Army and the Secretary shall
solicit cosponsors to contribute not less than 50 percent of the costs
of the study under subsection (b), as appropriate, including State or
private organizations.
(e) Public Availability of Study.--On the date on which the
National Academy of Sciences completes the study under this section,
the National Academy of Sciences shall make available to the public the
results of the study.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, the National Academy of Sciences shall submit to the
Secretary of the Army and the Secretary a report that contains a
summary of the results of the study conducted under this section.
SEC. 6. EMERGENCY FUNDING.
(a) Financial Assistance.--
(1) In general.--Financial assistance may be made available
under the Reclamation States Emergency Drought Relief Act of
1991 (43 U.S.C. 2201 et seq.) for eligible water projects to
assist Western States and Tribal governments to address
drought-related impacts to water supplies or any other
immediate water-related crisis or conflict.
(2) Additional availability.--Financial assistance may be
made available under this section to organizations and entities
with water delivery authority that are engaged in collaborative
processes to restore the environment or are part of a basin-
wide solution for restoration.
(b) Types of Assistance.--Assistance under subsection (a) may
include a range of projects, including--
(1) the installation of pumps, temporary barriers, or
operable gates for water diversion and fish protection;
(2) the installation of drought-relief groundwater wells
for Indian Tribes and in wildlife refuges and other areas;
(3) the acquisition or assistance in the acquisition of
water from willing sellers to enhance stream flow for the
benefit of fish and wildlife (including endangered species),
water quality, river ecosystem restoration, and other
beneficial purposes, to be carried out in accordance with the
water acquisition program established under section 3;
(4) agricultural and urban conservation and efficiency
projects;
(5) exchanges with any water district willing to provide
water to meet the emergency water needs of other water
districts in return for the delivery of equivalent quantities
of water later that year or in future years;
(6) maintenance of cover crops to prevent public health
impacts from severe dust storms;
(7) emergency pumping projects for critical health and
safety purposes;
(8) activities to reduce water demand consistent with a
comprehensive program for environmental restoration and
settlement of water rights claims;
(9) the use of new or innovative on-farm water conservation
technologies or methods that may--
(A) assist in sustaining permanent crops in areas
with severe water shortages; and
(B) make water available for other beneficial uses;
(10) activities that protect, restore, or enhance fish and
wildlife habitat or otherwise improve environmental conditions,
including water quantity or quality concerns and improved fish
passage;
(11) activities reducing or preventing groundwater
depletion or promoting groundwater recharge;
(12) technical assistance to improve existing irrigation
practices to provide water supply benefits;
(13) the investigation of, and pilot projects for, brackish
water development and aquifer storage and recovery;
(14) the lining of irrigation ditches and canals to reduce
water loss and improve efficiency;
(15) assistance to municipal water management entities for
water supply planning in preparation for and in response to
dry, critically dry, and below normal water years, including--
(A) hydrological forecasting;
(B) identification of alternative water supply
sources; and
(C) guidance on potential water transfer partners;
and
(16) any other assistance the Secretary determines to be
necessary to increase available water supplies, maintain the
health of river ecosystems, or mitigate drought impacts.
SEC. 7. SECURE WATER ACT GRANTS AND COOPERATIVE AGREEMENTS.
Section 9504(a)(1)(H) of the Omnibus Public Land Management Act of
2009 (42 U.S.C. 10364(a)(1)(H)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) to plan for or address the impacts
of drought.''.
SEC. 8. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE REAUTHORIZATION.
Section 9106 of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1304) is amended--
(1) in subsection (c)(4), by striking ``2 years after the
date of enactment of this Act'' and inserting ``December 31,
2019''; and
(2) in subsection (g)(2), by striking ``2010 through 2019''
and inserting ``2018 through 2026''.
SEC. 9. EFFECT ON EXISTING LAW.
(a) In General.--An action taken by any of the Secretaries or
another entity under this Act or an amendment made by this Act shall
comply with applicable State laws in effect on the date of enactment of
this Act, including a law described in subsection (b).
(b) State Law.--Nothing in this Act or an amendment made by this
Act affects, is intended to affect, or interferes with a law of the
State relating to the control, appropriation, use, or distribution of
water, or any vested right acquired under the law.
(c) Rio Grande Compact.--Nothing in this Act or an amendment made
by this Act affects or is intended to affect or interfere with any
obligation of a State under the Rio Grand Compact or any litigation
related to the Rio Grande Compact.
Calendar No. 645
115th CONGRESS
2d Session
S. 1012
[Report No. 115-358]
_______________________________________________________________________
A BILL
To provide for drought preparedness measures in the State of New
Mexico, and for other purposes.
_______________________________________________________________________
November 14, 2018
Reported with an amendment