1.
This Act may be cited as the
United States-Mexico Transboundary
Aquifer Assessment Act
.
2.
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.
3.
In this Act:
(1)
The term aquifer means a subsurface water-bearing
geologic formation from which significant quantities of water may be
extracted.
(2)
The term Border State means each of the States of
Arizona, California, New Mexico, and Texas.
(3)
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)
The term program means the United States-Mexico
transboundary aquifer assessment program established under section 4(a).
(6)
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)
The term Secretary means the Secretary of the
Interior, acting through the Director of the United States Geological
Survey.
(8)
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 Agua 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).
4.
(a)
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)
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)
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)
The Secretary shall, using the criteria under subsection
(b)(1)(A)(ii), evaluate and designate additional priority transboundary
aquifers.
(d)
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.
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)
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)
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)
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.
6.
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.
7.
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.
8.
Authorization of appropriations
(a)
There are authorized to be appropriated to carry out this Act
$50,000,000 for the period of fiscal years 2006 through 2015.
(b)
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.