[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1538 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1538
To further continued economic viability in the communities on the High
Plains by promoting sustainable groundwater management of the Ogallala
Aquifer.
_______________________________________________________________________
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
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
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.
This Act may be cited as the ``High Plains Groundwater Resource
Conservation 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 from 1950 to 1997;
(5) the saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas. 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;
(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;
and
(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.
(b) Purpose.--The purpose of this Act is to promote groundwater
conservation on the High Plains in order to extend the useable life of
the High Plains Aquifer.
SEC. 3. 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 2002 through 2011,
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 Groundwater 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
section. 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 ares for which a plan
has been certified pursuant to subsection (1).
``(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 their 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 concurrent 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.
``(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) Modifications 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;
``(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 or 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 of 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 inventive 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 50 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 subsection,
$75,000,000 in each of fiscal years 2002 through 2003, $100,000,000 in
each of fiscal years 2004 through 2006 and $125,000,000 in each of
fiscal years 2007 through 2011.''.
(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, as defined in section 1240I(a) of the Food Security Act
of 1985, 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.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
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