[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1012 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 1012
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
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Mexico Drought
Preparedness Act of 2017''.
(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. Middle Rio Grande peak flow restoration.
Sec. 6. National Academy of Sciences study.
Sec. 7. Emergency funding.
Sec. 8. Secure Water Act reauthorization.
Sec. 9. Reclamation States Emergency Drought Relief Act
reauthorization.
Sec. 10. Rio Grande Pueblo irrigation infrastructure reauthorization.
Sec. 11. Regional conservation partnership program.
Sec. 12. Conservation reserve program.
Sec. 13. 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. MIDDLE RIO GRANDE PEAK FLOW RESTORATION.
(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.
(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--
(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
(2) submit to Congress a feasibility report on the
reauthorization of the purposes of Cochiti Dam.
(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--
(1) restoring natural river processes to the Rio Grande,
including a spring peak flow to the Rio Grande;
(2) increasing the spawning and recruitment of endangered
Rio Grande silvery minnows;
(3) creating overbanking flows that are necessary--
(A) to maintain a healthy bosque; and
(B) to support habitat for the Southwestern willow
flycatcher and other wildlife;
(4) maintaining channel capacity; and
(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).
(d) Monitoring.--The Secretary of the Army, in cooperation with the
Secretary and other Federal and non-Federal stakeholders shall--
(1) monitor the environmental effects, benefits, and
results of the deviation mandated under this section; and
(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.
(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--
(1) Pueblo de Cochiti;
(2) Pueblo of Santa Ana; and
(3) the Rio Grande Compact Commission.
(f) Reports.--The Secretary of the Army shall prepare and submit to
Congress--
(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
(2) at the end of the period described in subsection (a), a
final, cumulative report that summarizes the data obtained
during that period.
SEC. 6. 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) 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.
(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.
(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.
SEC. 7. 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.), 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.
(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. 8. SECURE WATER ACT REAUTHORIZATION.
Section 9504(a) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10364(a)) is amended--
(1) in paragraph (1)(H)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) to plan for or address the impacts
of drought.''; and
(2) in paragraph (3)(E), by adding at the end the
following:
``(v) Authority of commissioner.--The
Commissioner of Reclamation may, at the
discretion of the Commissioner, waive any cost-
share requirements.''.
SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT
REAUTHORIZATION.
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''.
SEC. 10. 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,
2018''; and
(2) in subsection (g)(2), by striking ``2010 through 2019''
and inserting ``2017 through 2025''.
SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
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--
(1) mitigating the effects of drought on agricultural
production and the environment;
(2) improving water quality and quantity, including
reducing groundwater depletion;
(3) restoring, enhancing, and preserving fish and wildlife
habitat; and
(4) promoting innovative and collaborative conservation
tools and approaches.
SEC. 12. CONSERVATION RESERVE PROGRAM.
(a) Conservation Priority Areas.--Section 1231(f) of the Food
Security Act of 1985 (16 U.S.C. 3831(f)) is amended--
(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.'';
(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
(3) in paragraph (4), by striking ``water quality and
habitat benefits'' and inserting ``water quality, water
quantity, and habitat benefits''.
(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.
SEC. 13. 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.
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