109 HR 6308 IH: Eastern New Mexico Rural Water System
U.S. House of Representatives
2006-09-29
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Eastern New Mexico Rural Water System
Act of 2006
.
2.In this Act:
(1)The term Authority means the
Eastern New Mexico Rural Water Authority, an entity formed under State law for
the purposes of planning, financing, developing, and operating the
System.
(2)The term plan means the
operation, maintenance, and replacement plan required by section 4(b).
(3)The term Secretary means the
Secretary of the Interior.
(4)The term State means the State
of New Mexico.
(5)
(A)The term
System means the Eastern New Mexico Rural Water System, a water
delivery project designed to deliver approximately 16,500 acre-feet of water
per year from the Ute Reservoir to the cities of Clovis, Elida, Grady, Melrose,
Portales, and Texico and other locations in Curry and Roosevelt Counties in the
State.
(B)The term System
includes—
(i)the intake structure at Ute
Reservoir;
(ii)a water
treatment, administration, and maintenance facility with—
(I)a 30,000,000
gallon per day average peak capacity; and
(II)a 15,000,000
gallon per day average capacity;
(iii)approximately 155
miles of transmission and lateral pipelines and tunnels that range in size from
4 to 60 inches in diameter;
(iv)3 pumping
stations, including—
(I)a raw water pump
station at Ute Reservoir;
(II)a booster pump
station at the Caprock
escarpment; and
(III)a booster pump
station to Elida; and
(v)any associated appurtenances.
(6)The term Ute
Reservoir means the impoundment of water created in 1962 by the
construction of the Ute Dam on the Canadian River, located approximately 32
miles upstream of the border between New Mexico and Texas.
3.Eastern New
Mexico Rural Water System
(a)
(1)The Secretary may
provide financial and technical assistance to the Authority to assist in
planning, designing, conducting related preconstruction activities for, and
constructing the System.
(2)
(A)Any financial
assistance provided under paragraph (1) shall be obligated and expended only in
accordance with a cooperative agreement entered into under section
5(a)(2).
(B)Financial assistance provided under
paragraph (1) shall not be used—
(i)for any activity that is inconsistent with
constructing the System; or
(ii)to plan or construct facilities used to
supply irrigation water for agricultural purposes.
(b)
(1)The Federal share of
the total cost of any activity or construction carried out using amounts made
available under this Act shall be not more than 75 percent of the total cost of
the System.
(2)For
purposes of paragraph (1), the total cost of the System shall include any costs
incurred by the Authority on or after October 1, 2003, for the development of
the System.
(c)No amounts made available under this Act
may be used for the construction of the System until—
(1)a plan is developed under section 4(b);
and
(2)the Secretary and the Authority have
complied with any requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable
to the System.
(d)Title to the
infrastructure of the System shall be held by the Authority or as may otherwise
be specified under State law.
4.Operation,
maintenance, and replacement costs
(a)The Authority shall
be responsible for the annual operation, maintenance, and replacement costs
associated with the System.
(b)Operation,
Maintenance, and Replacement PlanThe Authority, in consultation with the
Secretary, shall develop an operation, maintenance, and replacement plan that
establishes the rates and fees for beneficiaries of the System in the amount
necessary to ensure that the System is properly maintained and capable of
delivering approximately 16,500 acre-feet of water per year.
5.Administrative
provisions
(a)
(1)The Secretary may
enter into any contract, grant, cooperative agreement, or other agreement that
is necessary to carry out this Act.
(2)Cooperative
agreement for provision of financial assistance
(A)The Secretary shall
enter into a cooperative agreement with the Authority to provide financial
assistance or any other assistance requested by the Authority for planning,
design, related preconstruction activities, and construction of the
System.
(B)The cooperative agreement entered into
under subparagraph (A) shall, at a minimum, specify the responsibilities of the
Secretary and the Authority with respect to—
(i)ensuring that the cost-share requirements
established by section 3(b) are met;
(ii)completing the planning and final design of
the System;
(iii)any environmental and cultural resource
compliance activities required for the System; and
(iv)the construction of the System.
(b)At the request of
the Authority, the Secretary may provide to the Authority any technical
assistance that is necessary to assist the Authority in planning, designing,
constructing, and operating the System.
(c)The Secretary shall consult with the New Mexico
Interstate Stream Commission and the Authority in preparing any biological
assessment under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) that may be required for planning and
constructing the System.
(d)Nothing in this Act—
(1)affects or preempts—
(A)State water law; or
(B)an interstate compact relating to the
allocation of water; or
(2)confers on any non-Federal entity the
ability to exercise any Federal rights to—
(A)the water of a stream; or
(B)any groundwater resource.
6.Authorization of
appropriations
(a)There are authorized
to be appropriated to the Secretary such sums as are necessary to carry out
this Act.
(b)Amounts made
available to the Authority in accordance with the cost-sharing requirement
under section 3(b) shall be nonreimbursable and nonreturnable to the United
States.
(c)At the end of each
fiscal year, any unexpended funds appropriated pursuant to this Act shall be
retained for use in future fiscal years consistent with this Act.