Western Water Security Act of 2019
This bill addresses water management infrastructure and improvement, groundwater management, and water conservation and environmental restoration in certain western states.
Specifically, the bill increases the authorization of appropriations to fund research agreements between the Bureau of Reclamation and eligible entities for water management improvement. The bill expands eligibility for such agreements to include nonprofit conservation organizations.
The bill also reauthorizes through FY2024 a program through which Interior is authorized to assist eligible desalination projects. The bill lowers cost-sharing requirements under the program for rural desalination projects.
Further, the bill allows certain financial assistance made available under an existing drought relief program to be used to assist state and tribal governments in addressing drought-related impacts to water supplies or any other immediate water-related crises. The bill reauthorizes the program through FY2030.
Additionally, the bill increases the maximum federal share of costs for certain infrastructure improvements and activities for groundwater management that provide benefits to consumptive water users (i.e., users of water that is not returned to a stream, river, or water treatment plant) and nonconsumptive ecological or recreational values.
The bill also requires Reclamation to carry out a water acquisition program in specified river basins. Further, Interior must analyze the extent to which changes in water supply will affect native biodiversity and must produce strategies for sustaining native biodiversity during periods of drought.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2718 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2718
To provide for the conduct of certain water security measures in the
State of New Mexico, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 28, 2019
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 the conduct of certain water security 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 ``Western Water
Security Act of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT
Sec. 101. Watersmart extension and expansion.
Sec. 102. Rural desalination.
Sec. 103. Emergency drought funding.
Sec. 104. Rio Grande Pueblo irrigation infrastructure reauthorization.
TITLE II--GROUNDWATER MANAGEMENT
Sec. 201. Reauthorization and expansion of the Transboundary Aquifer
Assessment Program.
Sec. 202. Groundwater management assessment and improvement.
Sec. 203. Surface and groundwater water availability and the energy
nexus.
TITLE III--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION
Sec. 301. Definitions.
Sec. 302. Water acquisition program.
Sec. 303. Middle Rio Grande water conservation.
Sec. 304. Sustaining biodiversity during droughts.
Sec. 305. Reauthorization of cooperative watershed management program.
TITLE IV--EFFECT ON EXISTING LAW
Sec. 401. Effect on existing law.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
TITLE I--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT
SEC. 101. WATERSMART EXTENSION AND EXPANSION.
(a) Definition of Eligible Applicant.--Section 9502 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
(1) in the matter preceding paragraph (1), by striking
``section'' and inserting ``subtitle'';
(2) by striking paragraph (7) and inserting the following:
``(7) Eligible applicant.--The term `eligible applicant'
means--
``(A) any State, Indian tribe, irrigation district,
or water district;
``(B) any State, regional, or local authority, the
members of which include one or more organizations with
water or power delivery authority;
``(C) any other organization with water or power
delivery authority; and
``(D) any nonprofit conservation organization.'';
(3) in paragraph (10), by striking ``450b'' and inserting
``5304'';
(4) by redesignating paragraphs (13) through (17) as
paragraphs (14) through (18), respectively; and
(5) by inserting after paragraph (12) the following:
``(13) Natural water recharge infrastructure.--The term
`natural water recharge infrastructure' means a single project,
a number of distributed projects across a watershed, or the
redesign and replacement, or removal, of built infrastructure
to incorporate natural aquatic elements, in which the project--
``(A) uses natural materials appropriate to the
specific site and landscape setting;
``(B) mimics natural riverine, floodplain,
riparian, wetland, hydrologic, or other ecological
processes; and
``(C) results in aquifer recharge, transient
floodplain water retention, or restoration of water in
the landscape such that the water returns to a wetland,
riparian area, or surface water channel.''.
(b) Research Agreements.--Section 9504(b)(1) of the Omnibus Public
Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``nonprofit conservation organization,'' before ``or
organization'';
(2) in subparagraph (B), by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (D);
and
(4) by inserting after subparagraph (B) the following:
``(C) to increase natural water recharge
infrastructure; or''.
(c) Water Management Improvement.--Section 9504(e) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$480,000,000'' and inserting ``$650,000,000, subject to the
condition that $50,000,000 of that amount shall be used to carry out
section 206 of the Energy and Water Development and Related Agencies
Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.
(d) Conforming Amendment.--Section 4009(d) of Public Law 114-322
(42 U.S.C. 10364 note) is amended by striking ``on the condition that
of that amount, $50,000,000 of it is used to carry out section 206 of
the Energy and Water Development and Related Agencies Appropriation
Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.
SEC. 102. RURAL DESALINATION.
Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by striking the second paragraph
(1) (relating to projects) and inserting the following:
``(2) Projects.--
``(A) Definitions.--In this paragraph:
``(i) Eligible desalination project.--The
term `eligible desalination project' means any
project located in a Reclamation State, or for
which the construction, operation, sponsorship,
or funding is the responsibility of, and the
primary water supply benefit accrues to, one or
more entities in a Reclamation State, that--
``(I) involves an ocean or brackish
water desalination facility--
``(aa) constructed,
operated, and maintained by a
State, Indian Tribe, irrigation
district, water district, or
other organization with water
or power delivery authority; or
``(bb) sponsored or funded
by any combination of a State,
department of a State,
political subdivision of a
State, or public agency
organized pursuant to State
law, including through--
``(AA) direct
sponsorship or funding;
or
``(BB) indirect
sponsorship or funding,
such as by paying for
the water provided by
the facility; and
``(II) provides a Federal benefit
in accordance with the reclamation
laws.
``(ii) Rural desalination project.--The
term `rural desalination project' means a
project located in a Reclamation State, or for
which the construction, operation, sponsorship,
or funding is the responsibility of, and the
primary water supply benefit accrues to, one or
more entities in a Reclamation State, that--
``(I) involves an ocean or brackish
water desalination facility; and
``(II) is designed to serve a
community or group of communities, each
of which has a population of not more
than 40,000 inhabitants.
``(B) Cost-sharing requirement.--
``(i) In general.--Subject to the
requirements of this subsection and
notwithstanding section 7, the Federal share of
an eligible desalination project carried out
under this subsection shall be--
``(I) not more than 25 percent of
the total cost of the eligible
desalination project; or
``(II) in the case of a rural
desalination project, the applicable
percentage determined in accordance
with clause (ii).
``(ii) Rural desalination projects.--
``(I) Cost-sharing requirement for
appraisal studies.--Subject to
subclause (IV), in the case of a rural
desalination project carried out under
this subsection, the Federal share of
the cost of appraisal studies for the
rural desalination project shall be--
``(aa) 100 percent of the
total costs of the appraisal
studies, up to $200,000; and
``(bb) if the total costs
of the appraisal studies are
more than $200,000, 50 percent
of any amounts over $200,000.
``(II) Cost-sharing requirement for
feasibility studies.--Subject to
subclause (IV), in the case of a rural
desalination project carried out under
this subsection, the Federal share of
the cost of feasibility studies for the
rural desalination project shall be not
more than 50 percent.
``(III) Cost-sharing requirement
for construction costs.--In the case of
a rural desalination project carried
out under this subsection, the Federal
share of the cost of construction of
the rural desalination project shall be
not more than 75 percent, unless--
``(aa) the Secretary
determines during the
feasibility study phase, on a
project-by-project basis, that
the non-Federal share should be
increased; or
``(bb) the Secretary
determines that the non-Federal
share should be reduced under
subclause (IV).
``(IV) Reduction in non-federal
share.--The Secretary may reduce the
non-Federal share of a rural
desalination project required under
subclause (I), (II), or (III) if the
Secretary determines, after
consultation with the heads of any
other Federal agencies that are
partners in the rural desalination
project and in accordance with
applicable Reclamation standards, that
the reduction is appropriate due to--
``(aa) an overwhelming
Federal interest in the rural
desalination project; and
``(bb) the sponsor of the
rural desalination project
demonstrating financial
hardship.
``(C) State role.--Participation by the Secretary
in an eligible desalination project under this
subsection shall not occur unless--
``(i)(I) the eligible desalination project
is included in a State-approved plan; or
``(II) the participation has been requested
by the Governor of the State in which the
eligible desalination project is located;
``(ii) the State or local sponsor of the
eligible desalination project determines, and
the Secretary concurs, that--
``(I) the eligible desalination
project--
``(aa) is technically and
financially feasible; and
``(bb) provides a Federal
benefit in accordance with the
reclamation laws; and
``(II) the non-Federal project
sponsor is financially capable of
funding the non-Federal share of the
project costs; and
``(iii) the Secretary submits to Congress a
written notification of the determinations
under clause (ii) by not later than 30 days
after the date of the determinations.
``(D) Environmental laws.--In participating in an
eligible desalination project under this paragraph, the
Secretary shall comply with all applicable
environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(E) Information.--In participating in an eligible
desalination project under this subsection, the
Secretary--
``(i) may rely on reports prepared by the
sponsor of the eligible desalination project,
including feasibility or equivalent studies,
environmental analyses, and other pertinent
reports and analyses; but
``(ii) shall retain responsibility for
making the independent determinations described
in subparagraph (C).
``(F) Funding.--
``(i) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this paragraph $65,000,000 for the period
of fiscal years 2020 through 2024, of which not
less than $15,000,000 shall be made available
during that period for rural desalination
projects.
``(ii) Funding opportunity announcement.--
The Commissioner of Reclamation shall release a
funding opportunity announcement for a grant
program under this paragraph by not later than
75 days after the date of enactment of an Act
that provides funding for the program.
``(iii) Congressional approval initially
required.--
``(I) In general.--Each initial
award under this paragraph for design
and study, or for construction, of an
eligible desalination project shall be
approved in an appropriations Act.
``(II) Reclamation
recommendations.--The Commissioner of
Reclamation shall submit
recommendations regarding the initial
award of design and study funding and
construction funding for consideration
under subclause (I) to--
``(aa) the Committee on
Appropriations of the Senate;
``(bb) the Committee on
Energy and Natural Resources of
the Senate;
``(cc) the Committee on
Appropriations of the House of
Representatives; and
``(dd) the Committee on
Natural Resources of the House
of Representatives.
``(iv) Subsequent funding awards.--After
approval by Congress of an initial award of
design and study funding or construction
funding for an eligible desalination project
under clause (iii), the Commissioner of
Reclamation may award additional design and
study funding or construction funding,
respectively, for the eligible desalination
project without further congressional
approval.''.
SEC. 103. EMERGENCY DROUGHT 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, including through
voluntary, temporary, and compensated programs to reduce water
demands for the purpose of increasing water available in a
system or reducing water supply-demand imbalances.
(2) Additional availability.--Financial assistance may be
made available under this subsection to organizations and
entities with water delivery authority that are--
(A) engaged in collaborative processes to restore
the environment; or
(B) part of a basin-wide solution for restoration.
(3) Types of assistance.--Assistance under paragraph (1)
may include a range of projects, including--
(A) the installation of pumps, temporary barriers,
or operable gates for water diversion and fish
protection;
(B) the installation of drought-relief groundwater
wells for Indian Tribes and in wildlife refuges and
other environmentally sensitive areas requiring
emergency surface water flow augmentation;
(C) the acquisition or assistance in the
acquisition of water from willing sellers, including on
a voluntary, temporary, and compensated basis, 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
302;
(D) agricultural and urban conservation and
efficiency projects;
(E) 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;
(F) maintenance of cover crops to prevent public
health impacts from severe dust storms;
(G) emergency pumping projects for critical health
and safety purposes;
(H) activities to reduce water demand consistent
with a comprehensive program for environmental
restoration and settlement of water rights claims;
(I) the use of new or innovative on-farm water
conservation technologies or methods that may--
(i) assist in sustaining permanent crops in
areas with severe water shortages; and
(ii) make water available for other
beneficial uses, provided that the assistance
cannot be used to increase the consumptive use
of water or increase depletions under an
interstate compact, as determined in accordance
with the applicable laws of the State in which
the eligible project is located;
(J) 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;
(K) activities reducing or preventing groundwater
depletion or promoting groundwater recharge;
(L) technical assistance to improve existing
irrigation practices to provide water supply benefits;
(M) the investigation of, and pilot projects for,
brackish water development and aquifer storage and
recovery;
(N) the lining of irrigation ditches and canals to
reduce water loss and improve efficiency;
(O) 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--
(i) hydrological forecasting;
(ii) identification of alternative water
supply sources; and
(iii) guidance on potential water transfer
partners; and
(P) any other assistance the Secretary determines
to be necessary--
(i) to increase available water supplies;
(ii) to reduce water supply-demand
imbalances in a hydrologic system;
(iii) to maintain the health of river
ecosystems; or
(iv) to mitigate drought impacts.
(4) Authorization of appropriations.--There is authorized
to be appropriated to provide financial assistance under this
subsection not more than $180,000,000 for the period of fiscal
years 2006 through 2024, of which not more than $30,000,000
shall be made available during that period for the conduct of
actions authorized under title I of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2211 et seq.)
to benefit imperiled fish and wildlife.
(b) Applicable Period of Drought Program.--Section 104 of the
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.
2214) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--The programs and authorities established under
this title shall become operative in any Reclamation State and in the
State of Hawaii only--
``(1) after the Governor or Governors of the affected State
or States, or the governing body of an affected Indian Tribe
with respect to a reservation, has made a request for temporary
drought assistance and the Secretary has determined that the
temporary assistance is merited;
``(2) after a drought emergency has been declared by the
Governor or Governors of the affected State or States; or
``(3) on approval of a drought contingency plan as provided
in title II.''.
(c) Reauthorization.--Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by
striking ``2020'' and inserting ``2030''.
SEC. 104. 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, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Resources'' and inserting ``December 31, 2020,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources''; and
(2) in subsection (g)(2), by striking ``2010 through 2019''
and inserting ``2019 through 2029''.
TITLE II--GROUNDWATER MANAGEMENT
SEC. 201. REAUTHORIZATION AND EXPANSION OF THE TRANSBOUNDARY AQUIFER
ASSESSMENT PROGRAM.
(a) Designation of Priority Transboundary Aquifers.--Section
4(c)(2) of the United States-Mexico Transboundary Aquifer Assessment
Act (42 U.S.C. 1962 note; Public Law 109-448) is amended by striking
``New Mexico or Texas'' and inserting ``New Mexico, Texas, or Arizona
(other than an aquifer underlying Arizona and Sonora, Mexico, that is
partially within the Yuma groundwater basin designated by the order of
the Director of the Arizona Department of Water Resources dated June
21, 1984)''.
(b) Reauthorization.--
(1) Authorization of appropriations.--Section 8(a) of the
United States-Mexico Transboundary Aquifer Assessment Act (42
U.S.C. 1962 note; Public Law 109-448) is amended by striking
``fiscal years 2007 through 2016'' and inserting ``fiscal years
2020 through 2029''.
(2) Sunset of authority.--Section 9 of the United States-
Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962
note; Public Law 109-448) is amended by striking ``enactment of
this Act'' and inserting ``enactment of the Western Water
Security Act of 2019''.
SEC. 202. GROUNDWATER MANAGEMENT ASSESSMENT AND IMPROVEMENT.
Section 9504(a) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10364(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or carrying out any activity'' after ``any
improvement'';
(B) by striking subparagraphs (A) through (E);
(C) by redesignating subparagraphs (F) through (H)
as subparagraphs (B) through (D), respectively;
(D) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) to assist States and water users in complying
with interstate compacts or reducing basin water
supply-demand imbalances, including through temporary,
voluntary, and compensated transactions that decrease
consumptive water use at a regional or watershed
scale;'';
(E) in subparagraph (B) (as so redesignated), by
striking ``to prevent'' and inserting ``to achieve the
prevention of'';
(F) in subparagraph (C) (as so redesignated), by
striking ``to accelerate'' and inserting ``to achieve
the acceleration of''; and
(G) in subparagraph (D) (as so redesignated)--
(i) by striking clause (i) and inserting
the following:
``(i) to increase ecological resilience to
climate change, including by enhancing natural
water storage within a floodplain or riparian
wetland, by addressing climate-related impacts
or vulnerability to the water supply of the
United States;'';
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) to plan for or address the impacts
of drought.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Eligible projects.--The improvements or activities
eligible for assistance under paragraph (1) may include
improvements or activities--
``(A) using an approach--
``(i) to conserve water;
``(ii) to increase water use efficiency;
``(iii) to facilitate water markets; or
``(iv) to enhance water management,
including increasing the use of renewable
energy in the management and delivery of water
or increasing natural water storage;
``(B) to improve the condition of natural water
recharge infrastructure; or
``(C) to achieve the acceleration of the adoption
and use of advanced water treatment technologies to
increase water supply.''; and
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (B)(i), by striking subclause
(II) and inserting the following:
``(II) to use the assistance
provided under a grant or agreement to
increase the consumptive use of water
for agricultural operations above the
pre-project levels, as determined
pursuant to the law of the State in
which the operation of the eligible
applicant is located.''; and
(B) in subparagraph (E)--
(i) by striking clause (i) and inserting
the following:
``(i) Federal share.--
``(I) In general.--Except as
provided in subclause (II), the Federal
share of the cost of any infrastructure
improvement or activity that is the
subject of a grant or other agreement
entered into between the Secretary and
an eligible applicant under paragraph
(1) shall not exceed 50 percent of the
cost of the infrastructure improvement
or activity.
``(II) Increased federal share for
certain infrastructure improvements and
activities.--
``(aa) In general.--The
Federal share of the cost of an
infrastructure improvement or
activity described in item (bb)
shall not exceed 75 percent of
the cost of the infrastructure
improvement or activity.
``(bb) Infrastructure
improvements and activities
described.--An infrastructure
improvement or activity
referred to in item (aa) is an
infrastructure improvement or
activity that provides benefits
to consumptive water users and
nonconsumptive ecological or
recreational values in which--
``(AA) in the case
of an infrastructure
improvement or activity
that conserves water,
the conserved water is
returned to a surface
water source with
ecological or
recreational benefits;
or
``(BB) in the case
of other infrastructure
improvements or
activities, the
majority of the
benefits are
nonconsumptive
ecological or
recreational
benefits.''; and
(ii) in clause (ii), in the matter
preceding subclause (I), by striking
``paragraph (2)'' and inserting ``paragraph
(3)''.
SEC. 203. SURFACE AND GROUNDWATER WATER AVAILABILITY AND THE ENERGY
NEXUS.
Section 9508(d)(3) of the Omnibus Public Land Management Act of
2009 (42 U.S.C. 10368(d)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) all oil, gas, and mineral development
activities;''.
TITLE III--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION
SEC. 301. DEFINITIONS.
In this title:
(1) Basin.--The term ``Basin''--
(A) is limited to areas within the State; 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.
SEC. 302. WATER ACQUISITION PROGRAM.
(a) Authorization.--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, or assist the State or the District
in making 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;
(2) to enhance stewardship and conservation of working
land, water, and watersheds in the Basins, consistent with the
purpose described in paragraph (1); and
(3) to address water supply-demand imbalances in the
Basins, consistent with State law and the purpose described in
paragraph (1).
(c) Coordination.--To assist in developing and administering the
program, the Secretary may provide funds to the State, the District, or
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 to reduce water
depletions by agricultural producers and irrigators in the
District to reduce water depletions by making irrigation system
improvements and increasing 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 land) for the purpose of providing benefits to
species listed as threatened or endangered 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. 303. MIDDLE RIO GRANDE 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,
including water acquired through the water acquisition program
established under section 302.
(b) Rio Grande, San Acacia, and Isleta Reaches.--
(1) In general.--The Secretary shall provide for the
development of a comprehensive plan for the San Acacia and
Isleta reaches to plan, design, permit, 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 of conveying water and sediment
through the reach to Elephant Butte Reservoir and
addressing river channel aggradation while maintaining
floodplain connectivity during the snowmelt runoff;
(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. 304. SUSTAINING BIODIVERSITY DURING DROUGHTS.
Section 9503(b) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(b)) is amended--
(1) in paragraph (3)(D), by inserting ``and native
biodiversity'' after ``wildlife habitat''; and
(2) in paragraph (4)(B), by inserting ``and drought
biodiversity plans to address sustaining native biodiversity
during periods of drought'' after ``restoration plans''.
SEC. 305. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
Section 6002(g)(4) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 1015a(g)(4)) is amended by striking ``2020'' and
inserting ``2031''.
TITLE IV--EFFECT ON EXISTING LAW
SEC. 401. EFFECT ON EXISTING LAW.
(a) In General.--An action taken by the Secretary 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.
(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 Grande Compact or any litigation
relating to the Rio Grande Compact.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 116-375.
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