[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1537 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 1537

 To authorize the Secretary of the Interior to conduct a hydrogeologic 
 mapping, modeling, and monitoring program for the High Plains Aquifer 
   and to establish the High Plains Aquifer Coordination Council to 
        facilitate groundwater conservation in the High Plains.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2001

Mr. Bingaman (for himself, Mr. Domenici, and Mr. Inhofe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Interior to conduct a hydrogeologic 
 mapping, modeling, and monitoring program for the High Plains Aquifer 
   and to establish the High Plains Aquifer Coordination Council to 
        facilitate groundwater conservation in the High Plains.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Plains Aquifer Conservation, 
Monitoring, and Coordination Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (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 dramatic 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 in that from 1950 to 1997;
            (5) the saturated thickness of the High Plains Aquifer has 
        declined by over 50 percent in some areas, 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;
            (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;
            (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) 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 for water conservation incentives to 
        function; and
            (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.
    (b) Purpose.--The purpose of this Act is to provide for the 
enhanced mapping, modeling, and monitoring of the High Plains Aquifer 
and the improved coordination of efforts to address the conservation of 
the groundwater resources of the Aquifer.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
    (a) 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.
  (b) 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.
    (c) 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.
    (d) Secretary.--The term ``Secretary'' means the Secretary of the 
Interior.

SEC. 4. 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.--The Secretary shall make available to the High Plains 
States no less than 50 percent of the funds made available pursuant to 
this section to be used by the States, working in cooperation with the 
Secretary, to implement the program provided for by this section. The 
Secretary shall allocate the funds among the High Plains Aquifer States 
in a manner to best further the objectives of the program provided for 
in this section.
    (c) Annual Report.--One year after the date of 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. 5. 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; and
            (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 the Rural Development 
        Administration.
            (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. 
        The representative of at least one Governor 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) A representative from the conservation community from 
        each High Plains Aquifer State, selected from a list provided 
by the Governor.
            (7) Two representatives of Indian Tribes from the High 
        Plains Aquifer area of 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 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 High Plains Aquifer Coordination Council by the Secretary.
    (e) Report.--The High Plains Aquifer Coordination Council shall 
submit a report to the Secretary, the Secretary of Agriculture, the 
Committees 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 enactment of this Act and 
every two years thereafter. The report shall contain the Council's 
finding and recommendations regarding the matters set forth in 
subsection (a).

SEC. 6. HIGH PLAINS AQUIFER EDUCATIONAL ASSISTANCE.

    The Secretary, working in cooperation with the Secretary of 
Agriculture, 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 Act. The 
States may cooperate with land grant universities and educational 
institutions or other private organizations in the administration of 
these programs. Educational programs shall include the following:
    (a) Water conservation workshops for producers, crop consultants, 
and agricultural groups throughout the High Plains Aquifer region.
    (b) Training and periodic update workshops for field staff 
responsible for implementing water conservation cost-share programs.
    (c) Public education and information for elementary and secondary 
students and adult learners, and education for state and local decision 
makers.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) There is authorized to be appropriated not to exceed 
$10,000,000 for each of the fiscal years 2002 through 2007 to carry out 
the purposes of section 4 of this Act.
    (b) There is authorized to be appropriated not to exceed $2,000,000 
for each of the fiscal years 2002 through 2007 to carry out the 
purposes of section 5 of this Act.
    (c) There is authorized to be appropriated $3 million annually 
fiscal year 2002 through fiscal year 2011 to carry out the program set 
forth in section 6 of this Act.
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