[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1957 Reported in Senate (RS)]






                                                       Calendar No. 616
108th CONGRESS
  2d Session
                                S. 1957

                          [Report No. 108-297]

To authorize the Secretary of the Interior to cooperate with the States 
on the border with Mexico and other appropriate entities in conducting 
  a hydrogeologic characterization, mapping, and modeling program for 
        priority transboundary aquifers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 25, 2003

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

                              July 7, 2004

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to cooperate with the States 
on the border with Mexico and other appropriate entities in conducting 
  a hydrogeologic characterization, mapping, and modeling program for 
        priority transboundary aquifers, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``United States-Mexico 
Transboundary Aquifer Assessment Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) rapid population growth in the United States-
        Mexico border region over the last decade has placed major 
        strains on limited water supplies in the region;</DELETED>
        <DELETED>    (2) water quantity and quality issues are likely 
        to be the determining and limiting factors affecting future 
        economic development, population growth, and human health in 
        the border region;</DELETED>
        <DELETED>    (3) increasing use of groundwater resources in the 
        border region by municipal and other water users has raised 
        serious questions concerning the long-term availability of the 
        water supply;</DELETED>
        <DELETED>    (4) cooperation between the United States and 
        Mexico in assessing and understanding transboundary aquifers is 
        necessary for the successful management of shared groundwater 
        resources by State and local authorities in the United States 
        and appropriate authorities in Mexico, including management 
        that avoids conflict between the United States and 
        Mexico;</DELETED>
        <DELETED>    (5) while there have been some studies of 
        binational groundwater resources along the United States-Mexico 
        border, additional data and analyses are needed to develop an 
        accurate understanding of the long-term availability of useable 
        water supplies from transboundary aquifers; and</DELETED>
        <DELETED>    (6) the Border States--</DELETED>
                <DELETED>    (A) are primarily responsible for the 
                management and allocation of groundwater resources 
                within the respective boundaries of the Border States; 
                and</DELETED>
                <DELETED>    (B) should have a cooperative role in the 
                analysis and characterization of transboundary 
                aquifers.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to direct the 
Secretary of the Interior to establish a United States-Mexico 
transboundary aquifer assessment program to--</DELETED>
        <DELETED>    (1) systematically assess priority transboundary 
        aquifers; and</DELETED>
        <DELETED>    (2) provide the scientific foundation necessary 
        for State and local officials to address pressing water 
        resource challenges in the United States-Mexico border 
        region.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Aquifer.--The term ``aquifer'' means a 
        subsurface water-bearing geologic formation from which 
        significant quantities of water may be extracted.</DELETED>
        <DELETED>    (2) Border state.--The term ``Border State'' means 
        each of the States of Arizona, California, New Mexico, and 
        Texas.</DELETED>
        <DELETED>    (3) Indian tribe.--The term ``Indian tribe'' means 
        an Indian tribe, band, nation, or other organized group or 
        community--</DELETED>
                <DELETED>    (A) that is recognized as eligible for the 
                special programs and services provided by the United 
                States to Indians because of their status as Indians; 
                and</DELETED>
                <DELETED>    (B) the reservation of which includes a 
                transboundary aquifer within the exterior boundaries of 
                the reservation.</DELETED>
        <DELETED>    (4) Priority transboundary aquifer.--The term 
        ``priority transboundary aquifer'' means a transboundary 
        aquifer that has been designated for study and analysis under 
        the program.</DELETED>
        <DELETED>    (5) Program.--The term ``program'' means the 
        United States-Mexico transboundary aquifer assessment program 
        established under section 4(a).</DELETED>
        <DELETED>    (6) Reservation.--The term ``reservation'' means 
        land that has been set aside or that has been acknowledged as 
        having been set aside by the United States for the use of an 
        Indian tribe, the exterior boundaries of which are more 
        particularly defined in a final tribal treaty, agreement, 
        executive order, Federal statute, secretarial order, or 
        judicial determination.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Director of the 
        United States Geological Survey.</DELETED>
        <DELETED>    (8) Transboundary aquifer.--The term 
        ``transboundary aquifer'' means an aquifer that underlies the 
        boundary between the United States and Mexico.</DELETED>
        <DELETED>    (9) Tri-regional planning group.--The term ``Tri-
        Regional Planning Group'' means the binational planning group 
        comprised of--</DELETED>
                <DELETED>    (A) the Junta Municipal de Aqua y 
                Saneamiento de Ciudad Juarez;</DELETED>
                <DELETED>    (B) the El Paso Water Utilities Public 
                Service Board; and</DELETED>
                <DELETED>    (C) the Lower Rio Grande Water Users 
                Organization.</DELETED>
        <DELETED>    (10) Water resources research institutes.--The 
        term ``water resources research institutes'' means the 
        institutes within the Border States established under section 
        104 of the Water Resources Research Act of 1984 (42 U.S.C. 
        10303).</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary, in consultation and 
cooperation with the Border States, the Water Resources Research 
Institutes, Sandia National Laboratories, and other appropriate 
entities in the United States and Mexico, shall carry out the United 
States-Mexico transboundary aquifer assessment program to characterize, 
map, and model transboundary groundwater resources along the United 
States-Mexico border at a level of detail determined to be appropriate 
for the particular aquifer.</DELETED>
<DELETED>    (b) Objectives.--The objectives of the program are to--
</DELETED>
        <DELETED>    (1) develop and implement an integrated scientific 
        approach to assess transboundary groundwater resources, 
        including--</DELETED>
                <DELETED>    (A)(i) identifying fresh and saline 
                transboundary aquifers; and</DELETED>
                <DELETED>    (ii) prioritizing the transboundary 
                aquifers for further analysis by assessing--</DELETED>
                        <DELETED>    (I) the proximity of the 
                        transboundary aquifer to areas of high 
                        population density;</DELETED>
                        <DELETED>    (II) the extent to which the 
                        transboundary aquifer is used; and</DELETED>
                        <DELETED>    (III) the susceptibility of the 
                        transboundary aquifer to 
                        contamination;</DELETED>
                <DELETED>    (B) evaluating all available data and 
                publications as part of the development of study plans 
                for each priority transboundary aquifer;</DELETED>
                <DELETED>    (C) creating a geographic information 
                system database to characterize the spatial and 
                temporal aspects of each priority transboundary 
                aquifer; and</DELETED>
                <DELETED>    (D) using field studies, including support 
                for and expansion of ongoing monitoring and metering 
                efforts, to develop any additional data that are needed 
                to define aquifer characteristics to the extent 
                necessary to enable the development of groundwater flow 
                models to assess sustainable water yields for each 
                priority transboundary aquifer;</DELETED>
        <DELETED>    (2) expand existing agreements, as appropriate, 
        between the United States Geological Survey, the Border States, 
        the Water Resources Research Institutes, and appropriate 
        authorities in the United States and Mexico, to--</DELETED>
                <DELETED>    (A) conduct joint scientific 
                investigations;</DELETED>
                <DELETED>    (B) archive and share relevant data; 
                and</DELETED>
                <DELETED>    (C) carry out any other activities 
                consistent with the program; and</DELETED>
        <DELETED>    (3) produce scientific products for each priority 
        transboundary aquifer to provide the scientific information 
        needed by water managers and natural resource agencies on both 
        sides of the United States-Mexico border to effectively 
        accomplish the missions of the managers and agencies.</DELETED>
<DELETED>    (c) Designation of Certain Aquifers.--For purposes of the 
program, the Secretary shall designate the Hueco Bolson and Mesilla 
aquifers underlying parts of Texas, New Mexico, and Mexico as priority 
transboundary aquifers.</DELETED>
<DELETED>    (d) Cooperation With Mexico.--To ensure a comprehensive 
assessment of transboundary aquifers, the Secretary shall, to the 
maximum extent practicable, work with appropriate Federal agencies and 
other organizations to develop partnerships with, and receive input 
from, relevant organizations in Mexico to carry out the 
program.</DELETED>
<DELETED>    (e) Grants and Cooperative Agreements.--The Secretary may 
provide grants or enter into cooperative agreements and other 
agreements with the Water Resource Research Institutes and other Border 
State entities to carry out the program.</DELETED>

<DELETED>SEC. 5. STATE AND TRIBAL ROLE.</DELETED>

<DELETED>    (a) Coordination.--The Secretary shall coordinate the 
activities carried out under the program with--</DELETED>
        <DELETED>    (1) the appropriate water resource agencies in the 
        Border States; and</DELETED>
        <DELETED>    (2) any affected Indian tribes.</DELETED>
<DELETED>    (b) New Activity.--After the date of enactment of this 
Act, the Secretary shall not initiate any field studies to develop data 
or develop any groundwater flow models for a priority transboundary 
aquifer under the program before consulting with, and coordinating the 
activity with, the Border State water resource agency that has 
jurisdiction over the aquifer.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There are authorized to be appropriated 
to carry out this Act $50,000,000 for the period of fiscal years 2005 
through 2014.</DELETED>
<DELETED>    (b) Distribution of Funds.--Of the amounts made available 
under subsection (a), 50 percent shall be made available to the Water 
Resource Research Institutes to provide funding to appropriate entities 
in the Border States (including Sandia National Laboratories, State 
agencies, universities, the Tri-Regional Planning Group, and other 
relevant organizations) and Mexico to conduct activities under the 
program, including the binational collection and exchange of scientific 
data.</DELETED>

<DELETED>SEC. 7. REPORTS.</DELETED>

<DELETED>    Not later than 5 years after the date of enactment of this 
Act, and on completion of the program in fiscal year 2014, the 
Secretary shall submit to the appropriate water resource agency in the 
Border States, an interim and final report, respectively, that 
describes--</DELETED>
        <DELETED>    (1) any activities carried out under the 
        program;</DELETED>
        <DELETED>    (2) any conclusions of the Secretary relating to 
        the status of transboundary aquifers; and</DELETED>
        <DELETED>    (3) the level of participation in the program of 
        entities in Mexico.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Mexico Transboundary 
Aquifer Assessment Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to direct the Secretary of the Interior 
to establish a United States-Mexico transboundary aquifer assessment 
program to--
            (1) systematically assess priority transboundary aquifers; 
        and
            (2) provide the scientific foundation necessary for State 
        and local officials to address pressing water resource 
        challenges in the United States-Mexico border region.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Aquifer.--The term ``aquifer'' means a subsurface 
        water-bearing geologic formation from which significant 
        quantities of water may be extracted.
            (2) Border state.--The term ``Border State'' means each of 
        the States of Arizona, California, New Mexico, and Texas.
            (3) Indian tribe.--The term ``Indian tribe'' means an 
        Indian tribe, band, nation, or other organized group or 
        community--
                    (A) that is recognized as eligible for the special 
                programs and services provided by the United States to 
                Indians because of their status as Indians; and
                    (B) the reservation of which includes a 
                transboundary aquifer within the exterior boundaries of 
                the reservation.
            (4) Priority transboundary aquifer.--The term ``priority 
        transboundary aquifer'' means a transboundary aquifer that has 
        been designated for study and analysis under the program.
            (5) Program.--The term ``program'' means the United States-
        Mexico transboundary aquifer assessment program established 
        under section 4(a).
            (6) Reservation.--The term ``reservation'' means land that 
        has been set aside or that has been acknowledged as having been 
        set aside by the United States for the use of an Indian tribe, 
        the exterior boundaries of which are more particularly defined 
        in a final tribal treaty, agreement, executive order, Federal 
        statute, secretarial order, or judicial determination.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (8) Transboundary aquifer.--The term ``transboundary 
        aquifer'' means an aquifer that underlies the boundary between 
        the United States and Mexico.
            (9) Tri-regional planning group.--The term ``Tri-Regional 
        Planning Group'' means the binational planning group comprised 
        of--
                    (A) the Junta Municipal de Aqua y Saneamiento de 
                Ciudad Juarez;
                    (B) the El Paso Water Utilities Public Service 
                Board; and
                    (C) the Lower Rio Grande Water Users Organization.
            (10) Water resources research institutes.--The term ``water 
        resources research institutes'' means the institutes within the 
        Border States established under section 104 of the Water 
        Resources Research Act of 1984 (42 U.S.C. 10303).

SEC. 4. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Secretary, in consultation and cooperation 
with the Border States, the water resources research institutes, Sandia 
National Laboratories, and other appropriate entities in the United 
States and Mexico, shall carry out the United States-Mexico 
transboundary aquifer assessment program to characterize, map, and 
model transboundary groundwater resources along the United States-
Mexico border at a level of detail determined to be appropriate for the 
particular aquifer.
    (b) Objectives.--The objectives of the program are to--
            (1) develop and implement an integrated scientific approach 
        to assess transboundary groundwater resources, including--
                    (A)(i) identifying fresh and saline transboundary 
                aquifers; and
                    (ii) prioritizing the transboundary aquifers for 
                further analysis by assessing--
                            (I) the proximity of the transboundary 
                        aquifer to areas of high population density;
                            (II) the extent to which the transboundary 
                        aquifer is used;
                            (III) the susceptibility of the 
                        transboundary aquifer to contamination; and
                            (IV) any other relevant criteria;
                    (B) evaluating all available data and publications 
                as part of the development of study plans for each 
                priority transboundary aquifer;
                    (C) creating a new, or enhancing an existing, 
                geographic information system database to characterize 
                the spatial and temporal aspects of each priority 
                transboundary aquifer; and
                    (D) using field studies, including support for and 
                expansion of ongoing monitoring and metering efforts, 
                to develop--
                            (i) the additional data necessary to 
                        adequately define aquifer characteristics; and
                            (ii) scientifically sound groundwater flow 
                        models to assist with State and local water 
                        management and administration, including 
                        modeling of relevant groundwater and surface 
                        water interactions;
            (2) expand existing agreements, as appropriate, between the 
        United States Geological Survey, the Border States, the water 
        resources research institutes, and appropriate authorities in 
        the United States and Mexico, to--
                    (A) conduct joint scientific investigations;
                    (B) archive and share relevant data; and
                    (C) carry out any other activities consistent with 
                the program; and
            (3) produce scientific products for each priority 
        transboundary aquifer that--
                    (A) are capable of being broadly distributed; and
                    (B) provide the scientific information needed by 
                water managers and natural resource agencies on both 
                sides of the United States-Mexico border to effectively 
                accomplish the missions of the managers and agencies.
    (c) Designation of Priority Transboundary Aquifers.--
            (1) In general.--For purposes of the program, the Secretary 
        shall designate as priority transboundary aquifers--
                    (A) the Hueco Bolson and Mesilla aquifers 
                underlying parts of Texas, New Mexico, and Mexico; and
                    (B) the Santa Cruz River Valley aquifers underlying 
                Arizona and Sonora, Mexico.
            (2) Additional aquifers.--The Secretary shall, using the 
        criteria under subsection (b)(1)(A)(ii), evaluate and designate 
        additional priority transboundary aquifers.
    (d) Cooperation With Mexico.--To ensure a comprehensive assessment 
of transboundary aquifers, the Secretary shall, to the maximum extent 
practicable, work with appropriate Federal agencies and other 
organizations to develop partnerships with, and receive input from, 
relevant organizations in Mexico to carry out the program.
    (e) Grants and Cooperative Agreements.--The Secretary may provide 
grants or enter into cooperative agreements and other agreements with 
the water resources research institutes and other Border State entities 
to carry out the program.

SEC. 5. IMPLEMENTATION OF PROGRAM.

    (a) Coordination With States, Tribes, and Other Entities.--The 
Secretary shall coordinate the activities carried out under the program 
with--
            (1) the appropriate water resource agencies in the Border 
        States;
            (2) any affected Indian tribes; and
            (3) any other appropriate entities that are conducting 
        monitoring and metering activity with respect to a priority 
        transboundary aquifer.
    (b) New Activity.--After the date of enactment of this Act, the 
Secretary shall not initiate any new field studies or analyses under 
the program before consulting with, and coordinating the activity with, 
any Border State water resource agencies that have jurisdiction over 
the aquifer.
    (c) Study Plans; Cost Estimates.--
            (1) In general.--The Secretary shall work closely with 
        appropriate Border State water resource agencies, water 
        resources research institutes, and other relevant entities to 
        develop a study plan, timeline, and cost estimate for each 
        priority transboundary aquifer to be studied under the program.
            (2) Requirements.--A study plan developed under paragraph 
        (1) shall, to the maximum extent practicable--
                    (A) integrate existing data collection and analyses 
                conducted with respect to the priority transboundary 
                aquifer;
                    (B) if applicable, improve and strengthen existing 
                groundwater flow models developed for the priority 
                transboundary aquifer; and
                    (C) be consistent with appropriate State guidelines 
                and goals.

SEC. 6. EFFECT.

    Nothing in this Act affects--
            (1) the jurisdiction or responsibility of a Border State 
        with respect to managing surface or groundwater resources in 
        the Border State; or
            (2) the water rights of any person or entity using water 
        from a transboundary aquifer.

SEC. 7. REPORTS.

    Not later than 5 years after the date of enactment of this Act, and 
on completion of the program in fiscal year 2014, the Secretary shall 
submit to the appropriate water resource agency in the Border States, 
an interim and final report, respectively, that describes--
            (1) any activities carried out under the program;
            (2) any conclusions of the Secretary relating to the status 
        of transboundary aquifers; and
            (3) the level of participation in the program of entities 
        in Mexico.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $50,000,000 for the period of fiscal years 2005 through 
2014.
    (b) Distribution of Funds.--Of the amounts made available under 
subsection (a), 50 percent shall be made available to the water 
resources research institutes to provide funding to appropriate 
entities in the Border States (including Sandia National Laboratories, 
State agencies, universities, the Tri-Regional Planning Group, and 
other relevant organizations) and Mexico to conduct activities under 
the program, including the binational collection and exchange of 
scientific data.




                                                       Calendar No. 616

108th CONGRESS

  2d Session

                                S. 1957

                          [Report No. 108-297]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of the Interior to cooperate with the States 
on the border with Mexico and other appropriate entities in conducting 
  a hydrogeologic characterization, mapping, and modeling program for 
        priority transboundary aquifers, and for other purposes.

_______________________________________________________________________

                              July 7, 2004

                       Reported with an amendment