[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3121 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3121

To further continued economic viability in the communities on the High 
Plains by promoting sustainable groundwater management of the Ogallala 
                                Aquifer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 12, 2001

     Mr. Moran of Kansas (for himself and Mr. Udall of New Mexico) 
 introduced the following bill; which was referred to the Committee on 
   Resources, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To further continued economic viability in the communities on the High 
Plains by promoting sustainable groundwater management of the Ogallala 
                                Aquifer.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.

    (a) Short Title.--This Act may be cited as the ``High Plains 
Groundwater Resource Conservation Act''.
    (b) Findings.--Congress finds the following:
            (1) A reliable source of groundwater is an essential 
        element of the economy of the communities on the High Plains.
            (2) The High Plains Aquifer consists largely of the 
        Ogallala Aquifer with small components of other geologic units.
            (3) The High Plains Aquifer experienced a decline in water 
        table levels in the latter half of the twentieth century.
            (4) The decline in water table levels is especially 
        pronounced in the Southern Ogallala Aquifer, with areas in the 
        States of Kansas, New Mexico, Oklahoma, and Texas experiencing 
        declines of over 100 feet from 1950 to 1997 (USGS Fact Sheet 
        124-99, Dec. 1999).
            (5) The saturated thickness of the High Plains Aquifer has 
        declined by over 50 percent in some areas (1186 USGS Circular 
        27, 1999). Furthermore, the percentage of the High Plains 
        Aquifer which has a saturated thickness of 100 feet or more 
        declined from 54 percent to 51 percent in the period from 1980 
        to 1997 (USGS Fact Sheet 124-99, Dec. 1999).
            (6) The decreased water levels in the High Plains Aquifer 
        coupled with higher pumping lift costs raise concerns about the 
        long-term sustainability of irrigated agriculture in the High 
        Plains.
            (7) Hydrological modeling by the United States Geological 
        Survey indicates that in the context of sustained high 
        groundwater use in the surrounding region, reductions in 
        groundwater pumping at the single farm level or at a local 
        level of up to 100 square miles, have a very time limited 
        impact on conserving the level of the local water table, thus 
        creating a disincentive for individual water users to invest in 
        water conservation measures. (``External Effects of Irrigators' 
        Pumping Decisions, High Plains Aquifer'', Alley and Schefter, 
        American Geophysical Union, paper #7W0326; Water Resources 
        Research, Vol. 23, No. 7 1123-1130, July 1987).
            (8) Incentives must be created for conservation of 
        groundwater on a regional scale, in order to achieve an 
        agricultural economy on the High Plains that is sustainable.
            (9) For water conservation incentives to function, Federal, 
        State, tribal, and local water policy makers, and individual 
        groundwater users must have access to reliable information 
        concerning aquifer recharge rates, extraction rates, and water 
        table levels at the local and regional levels on an ongoing 
        basis.
            (10) Coordination of Federal, State, and local efforts to 
        map, model, and monitor the High Plains Aquifer and of programs 
        pertaining to the conservation of the groundwater resources of 
        the Aquifer can play an important role in effectively 
        addressing the issue of the decline of the Aquifer.
    (c) Purposes.--The purposes of this Act are--
            (1) to provide for the enhanced mapping, modeling, and 
        monitoring of the High Plains Aquifer and for the improved 
        coordination of efforts to address the conservation of the 
        groundwater resources of the Aquifer; and
            (2) to promote groundwater conservation on the High Plains 
        in order to extend the usable life of the High Plains Aquifer.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) High plains aquifer.--The term ``High Plains Aquifer'' 
        is the groundwater reserve depicted as Figure 1 in the United 
        States Geological Survey Professional Paper 1400-B, titled 
        Geohydrology of the High Plains Aquifer in Parts of Colorado, 
        Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, 
        and Wyoming.
            (2) High plains.--The term ``High Plains'' means the 
        approximately 174,000 square miles of land surface overlying 
        the High Plains Aquifer in the States of Colorado, Kansas, 
        Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and 
        Wyoming.
            (3) High plains aquifer states.--The term ``High Plains 
        Aquifer States'' means the States of Colorado, Kansas, 
        Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and 
        Wyoming.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

        TITLE I--HIGH PLAINS AQUIFER CONSERVATION AND MONITORING

SEC. 101. HYDROGEOLOGIC MAPPING, MODELING, AND MONITORING.

    (a) Program.--The Secretary, working through the United States 
Geological Survey, and in cooperation with the State Geologists of the 
High Plains Aquifer States, shall develop and carry out a comprehensive 
hydrogeologic mapping, modeling, and monitoring program for the High 
Plains Aquifer. The program shall include on a county-by-county basis--
            (1) a map of the hydrological configuration of the High 
        Plains Aquifer; and
            (2) an analysis of--
                    (A) the current and past rate at which groundwater 
                is being withdrawn and recharged, and the net rate of 
                decrease or increase in aquifer storage;
                    (B) the factors controlling the rate of horizontal 
                migration of water within the High Plains Aquifer; and
                    (C) the current and past rate of loss of saturated 
                thickness within the High Plains Aquifer.
    (b) Funding.--At the request of a Governor of a High Plains State, 
the Secretary shall transfer to the Governor no less than one-eighth of 
50 percent of the funds made available pursuant to this section to be 
used to by the State, working in cooperation with the Secretary, to 
implement the program provided for by this section.
    (c) Annual Report.--One year after the date of the enactment of 
this Act, and every two years thereafter, the Secretary shall submit a 
report on the status of the High Plains Aquifer to the Committee on 
Energy and Natural Resources of the Senate, the Committee on Resources 
of the House of Representatives, and the Governors of the High Plains 
Aquifer States.

SEC. 102. HIGH PLAINS AQUIFER COORDINATION COUNCIL.

    (a) Establishment and Purpose.--The Secretary, in cooperation with 
the Secretary of Agriculture, shall establish a High Plains Aquifer 
Coordination Council. The purpose of the Council shall be to--
            (1) ensure that comprehensive and coordinated mapping, 
        modeling, and monitoring efforts relating to the High Plains 
        Aquifer are in place to provide information on the water 
        resources of the High Plains Aquifer, including the 
        sustainability of such resources;
            (2) facilitate the coordination of federal, state, and 
        local programs relating to the groundwater resources of the 
        High Plains Aquifer;
            (3) facilitate coordination of programs and policies among 
        the High Plains Aquifer States with respect to the groundwater 
        resources of the High Plains Aquifer;
            (4) evaluate the effectiveness of Federal and state 
        programs in addressing the present and anticipated groundwater 
        resources issues relating to the High Plains Aquifer;
            (5) provide recommendations to the Secretary, the Secretary 
        of Agriculture, and each Governor of a High Plains Aquifer 
        State, regarding programs and policies and changes in Federal 
        and state law to address the groundwater resources issues of 
        the High Plains Aquifer.
    (b) Membership.--The Secretary, in consultation with the Secretary 
of Agriculture, shall appoint the following members of the High Plains 
Aquifer Coordination Council:
            (1) Two representatives of the Secretary of the Interior, 
        one representing the Bureau of Reclamation, and one 
        representing the U.S. Geological Survey.
            (2) Two representatives of the Secretary of Agriculture, to 
        be selected from a list of candidates provided by such 
        Secretary, one representing the Natural Resources Conservation 
        Service and one representing Rural Development.
            (3) A representative of each Governor of a High Plains 
        Aquifer State, who shall be a state employee and shall be 
        selected from a list of candidates provided by the Governor, at 
        least one of which shall be a State Geologist of a High Plains 
        Aquifer State.
            (4) A representative of irrigation production agriculture 
        from each High Plains Aquifer State, selected from a list of 
        candidates provided by each Governor.
            (5) A representative of the municipal and industrial water 
        user community from each High Plains Aquifer State, selected 
        from a list provided by the Governor.
            (6) Two representatives of Indian Tribes from the High 
        Plains or the vicinity thereof.
    (c) Terms.--Each member of the High Plains Aquifer Coordination 
Council shall serve for a term of four years, whereupon the Secretary 
may reappoint the member or appoint a new member in conformance with 
the provisions of subsection (b). Members of the Council who are not 
employees of the Federal Government shall serve without Federal 
compensation, but shall be reimbursed by the Secretary for travel, 
subsistence, and other necessary expenses incurred by them in the 
performance of their duties.
    (d) Administration.--Financial and administrative services shall be 
provided to the High Plains Aquifer Coordination Council by the 
Secretary.
    (e) Report.--The High Plains Aquifer Coordination Council shall 
report to the Secretary, the Secretary of Agriculture, the Committees 
on Energy and Natural Resources and Agriculture of the Senate and the 
Committees on Resources and Agriculture of the House of 
Representatives, two years from the date of the enactment of this Act 
and every two years thereafter. The report shall contain the Council's 
findings and recommendations regarding the matters set forth in 
subsection (a).

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    (a) Section 101.--There is hereby authorized to be appropriated not 
to exceed $10,000,000 for each of the fiscal years 2003 through 2008 to 
carry out the purposes of section 101.
    (b) Section 102.--There is hereby authorized to be appropriated not 
to exceed $2,000,000 for each of the fiscal years 2003 through 2008 to 
carry out the purposes of section 102.

        TITLE II--HIGH PLAINS GROUNDWATER RESOURCE CONSERVATION

SEC. 201. HIGH PLAINS GROUNDWATER CONSERVATION ASSISTANCE.

    (a) High Plains Aquifer Groundwater Conservation Incentives 
Program.--The Food Security Act of 1985 is amended by inserting after 
section 1240H the following new section:

``SEC. 1240I. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES 
              PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) High plains.--The term `High Plains' means the 
        approximately 174,000 square miles of land surface overlying 
        the High Plains Aquifer in the States of Colorado, Kansas, 
        Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and 
        Wyoming.
            ``(2) High plains aquifer.--The term `High Plains Aquifer' 
        is the groundwater reserve depicted as Figure 1 in the United 
        States Geological Survey Professional Paper 1400-B, titled 
        Geohydrology of the High Plains Aquifer in Parts of Colorado, 
        Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, 
        and Wyoming.
            ``(3) High plains aquifer states.--The term `High Plains 
        Aquifer States' means the States of Colorado, Kansas, Nebraska, 
        New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.
    ``(b) In General.--In each of the fiscal years 2003 through 2012, 
the Secretary shall provide cost-share payments, incentive payments, 
and technical assistance to producers who enter into contracts with the 
Secretary, through a High Plains Aquifer Ground Water Conservation 
Incentives Program in accordance with this section. The goal of the 
program shall be to achieve significant per acre savings of the 
groundwater resources of the High Plains Aquifer.
    ``(c) Participation.--The Secretary shall ensure, to the maximum 
extent practicable, that producers on lands drawing water from the High 
Plains Aquifer throughout the High Plains region shall have an 
opportunity to participate in the program established under this 
subsection: Provided however, that the participation of producers in 
areas experiencing significant aquifer level declines shall be given a 
priority and that participation shall be limited to producers in areas 
for which a plan has been certified pursuant to subsection (l) of this 
section.
    ``(d) Eligible Practices.--
            ``(1) Structural practices.--A producer on lands drawing 
        water from the High Plains Aquifer who implements an on-farm 
        structural practice, which may include the improvement of 
        irrigation systems and the purchase of new equipment, which the 
        Secretary determines will result in a significant and 
        quantifiable per-acre savings of the groundwater resources of 
        the High Plains Aquifer, shall be eligible for cost-share 
        payments, in accordance with this section.
            ``(2) Land management practices.--A producer on lands 
        drawing water from the High Plains Aquifer who performs a land 
        management practice, which may include the conversion of 
        acreage from irrigated agricultural production to dryland 
        production, the modification of cropping patterns from high 
        water intensity crops to low water intensity crops, or the 
        implementation of other groundwater conservation measures, 
        which the Secretary determines will result in a significant and 
        quantifiable per-acre savings of the groundwater resources of 
        the High Plains Aquifer, shall be eligible for incentive 
        payments, in accordance with this section.
    ``(e) Application and Term.--A contract between a producer and the 
Secretary under this section may--
            ``(1) apply to one or more structural practices or one or 
        more land management practices, or both; and
            ``(2) have a term of not less than three, nor more than 
        ten, years as determined appropriate by the Secretary, 
        depending on the practice or practices that are the basis of 
        the contract.
    ``(f) Structural Practices.--
            ``(1) Offer selection process.--The Secretary shall, to the 
        maximum extent practicable, establish a process for selecting 
        applications for financial assistance if there are numerous 
        applications for assistance for structural practices that would 
        provide substantially the same level of groundwater 
        conservation benefits. The process shall be based on--
                    ``(A) a reasonable estimate of the projected cost 
                of the proposals and other factors identified by the 
                Secretary for determining which applications will 
                result in the least cost to the program authorized by 
                this section; and
                    ``(B) the priorities established under this section 
                and such other factors determined by the Secretary that 
                maximize groundwater conservation benefits per dollar 
                expended.
            ``(2) Concurrence of owner.--If the producer making an 
        offer to implement a structural practice is a tenant of the 
        land involved in agricultural production, for the offer to be 
        acceptable, the producer shall obtain the concurrence of the 
        owner of the land with respect to the offer.
    ``(g) Land Management Practices.--The Secretary shall establish an 
application and evaluation process for awarding incentive payments to a 
producer in exchange for the performance of one or more land management 
practices by the producer.
    ``(h) Payments.--
            ``(1) Cost-share payments.--The Federal share of cost-share 
        payments to a producer proposing to implement one or more 
        structural practices shall be not more than 50 percent of the 
        projected cost of the practice, as determined by the Secretary, 
        taking into consideration any payment received by the producer 
        from a State or local government.
            ``(2) Incentive payments.--The Secretary shall make 
        incentive payments in an amount and at a rate determined by the 
        Secretary to be necessary to encourage a producer to perform 
        one or more land management practices. Payments shall be made 
        per acre foot of water savings from the greater of the actual 
        or projected water right allocation.
            ``(3) Net savings.--Payment may be made to producers only 
        if the Secretary determines that the structural practice or 
        land management practice will result in a net savings on lands 
        owned or operated by the producer of groundwater resources of 
        the High Plains Aquifer.
    ``(i) Modification or Termination of Contracts.--
            ``(1) Voluntary modification or termination.--The Secretary 
        may modify or terminate a  contract entered into with a 
producer under this section if--
                    ``(A) the producer agrees to the modification or 
                termination; and
                    ``(B) the Secretary determines that the 
                modification or termination is in the public interest.
            ``(2) Involuntary termination.--The Secretary may terminate 
        a contract under this section if the Secretary determines that 
        the producer violated the contract.
    ``(j) Duties.--
            ``(1) Duties of the producers.--To receive cost-share 
        payments, incentive payments, or technical assistance under 
        this section, a producer shall agree to implement the 
        structural practice or land management practice as agreed to in 
        the contract with the Secretary and to comply with such 
        additional conditions as the Secretary determines are necessary 
        to carry out the intent of this section.
            ``(2) Duties of the secretary.--The Secretary shall provide 
        cost-share payments or incentive payments for developing and 
        implementing one or more structural practices or one or more 
        land management practices, as agreed to in the contract with 
        the producer.
    ``(k) Limitation on Payments.--The total amount of cost-share 
payments paid to any one producer under this section may not exceed 
$50,000 for any multi-year contract. The Secretary shall set a 
limitation on the amount of incentive payments paid to any one producer 
under this section at a level which, in the Secretary's discretion, 
will maximize the conservation of groundwater resources from the High 
Plains Aquifer.
    ``(l) High Plains Groundwater Conservation Planning.--
            ``(1) Planning assistance.--The Secretary shall provide 
        financial and technical assistance, including modeling and 
        engineering design to States, tribes, and counties, 
        conservation districts, or other political subdivisions 
        recognized under State law, for the development of 
        comprehensive groundwater conservation plans within the High 
        Plains. This assistance shall be provided on a cost-share basis 
        ensuring that--
                    ``(A) the Federal funding for the development of 
                any given plan shall not exceed fifty percent of the 
                total cost; and
                    ``(B) the Federal funding for groundwater water 
                conservation planning for any one county, conservation 
                district, or similar political subdivision recognized 
                under State law shall not exceed $50,000.
            ``(2) State administration.--Upon application by a High 
        Plains Aquifer State, and approval by the Secretary, the 
        Secretary may provide funding on an annual basis to the State 
        to carry out, in lieu of the Secretary, the activities set 
        forth in paragraph (1), including assistance to counties, 
        conservation districts, or other political subdivisions 
        recognized under the law of that State, for the development of 
        the conservation plans described in paragraph (1).
            ``(3) Certification.--The Secretary shall create a 
        certification process for comprehensive groundwater 
        conservation plans developed under this program, or developed 
        independently by States, tribes, counties, conservation 
        districts, or other political subdivisions recognized under 
        State law. To be certified, a plan must achieve significant per 
        acre savings of groundwater from the High Plains Aquifer and 
        must--
                    ``(A) cover a sufficient geographic area to provide 
                a benefit to the groundwater resource over at least a 
                20 year time period;
                    ``(B) include a set of goals and objectives for 
                groundwater conservation and a timetable for achieving 
                the goals and objectives;
                    ``(C) identify specific measures for achieving the 
                groundwater conservation goals and objectives;
                    ``(D) define a plan of action for achieving the 
                groundwater conservation goals and objectives;
                    ``(E) include a process for an annual evaluation of 
                the implementation of the plan of action; and
                    ``(F) provide a process for modification of the 
                plan if the conservation goals and objectives are not 
                being met or for purposes of updating the plan.
    ``(m) Funding.--Of the funds of the Commodity Credit Corporation, 
the Corporation shall make available to carry out this section, 
$75,000,000 in each of fiscal years 2003 through 2004, $100,000,000 in 
each of fiscal years 2005 through 2007 and $125,000,000 in each of 
fiscal years 2008 through 2012.''.
    (b) Conservation Reserve Program Enhancement.--Lands eligible for 
the Conservation Reserve Program established under section 1231 of the 
Food Security Act of 1985 (16 U.S.C. 3831) which would result in 
significant per acre savings of groundwater resources of the High 
Plains Aquifer if removed from agricultural production shall be awarded 
90 Conservation Reserve Program bid points, to be designated as 
groundwater conservation points, in addition to any other ratings the 
lands may receive.
    (c) Report.--The Secretary shall prepare a report regarding the 
impacts of the commodity programs administered by the U. S. Department 
of Agriculture on the water resources of the High Plains Aquifer. In 
particular, the report shall address the economic incentives and 
disincentives, if any, created by those programs with respect to the 
willingness of producers in High Plains Aquifer decline areas to modify 
cropping patterns to change from high water intensive crops to a low 
water intensive crops through low volume irrigation or dryland 
production. The report shall address and make recommendations regarding 
opportunities through modifications to the commodity programs to 
encourage producers to conserve the groundwater resources of the High 
Plains Aquifer. The report shall be submitted to the Committee on 
Agriculture, Nutrition, and Forestry and the Committee on Energy and 
Natural Resources of the Senate and the Committee on Agriculture and 
the Committee on Resources of the House of Representatives no later 
than two years after the date of the enactment of this Act.

SEC. 202. HIGH PLAINS AQUIFER EDUCATIONAL ASSISTANCE.

    The Secretary shall provide financial assistance, subject to the 
availability of appropriations, to each of the eight High Plains 
Aquifer States to provide educational programs related to this title. 
The States may cooperate with educational institutions or other private 
organizations in the administration of these programs. Educational 
programs shall include the following:
            (1) Water conservation workshops for producers, crop 
        consultants, and agricultural groups throughout the High Plains 
        Aquifer region.
            (2) Training and periodic update workshops for field staff 
        responsible for implementing water conservation cost-share 
        programs.
            (3) Public education and information for elementary and 
        secondary students and adult learners, and education for State 
        and local decision makers.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    (a) Section 201.--There is authorized to be appropriated $500,000 
in each of fiscal years 2003, 2004, and 2005 for the report required by 
section 201.
    (b) Section 202.--There is authorized to be appropriated $3,000,000 
million annually fiscal year 2003 through fiscal year 2012 to carry out 
the program set forth in section 202.
                                 <all>