[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 902 Reported in Senate (RS)]






                                                       Calendar No. 256
110th CONGRESS
  1st Session
                                H. R. 902

                          [Report No. 110-122]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2007

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 28, 2007

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

_______________________________________________________________________

                                 AN ACT


 
   To facilitate the use for irrigation and other purposes of water 
      produced in connection with development of energy resources.

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

<DELETED>SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``More 
Water and More Energy Act of 2007''.</DELETED>
<DELETED>    (b) Findings.--The Congress finds the following:</DELETED>
        <DELETED>    (1) Development of energy resources, including 
        oil, natural gas, coalbed methane, and geothermal resources, 
        frequently results in bringing to the surface water extracted 
        from underground sources.</DELETED>
        <DELETED>    (2) Some of this produced water is used for 
        irrigation or other purposes, but most of it is returned to the 
        subsurface.</DELETED>
        <DELETED>    (3) Reducing the amount of produced water returned 
        to the subsurface, and increasing the amount that is made 
        available for irrigation and other uses--</DELETED>
                <DELETED>    (A) would augment water 
                supplies;</DELETED>
                <DELETED>    (B) could reduce the costs to energy 
                developers for disposing of such water; and</DELETED>
                <DELETED>    (C) in some instances could increase the 
                efficiency of energy development activities.</DELETED>
        <DELETED>    (4) It is in the national interest to remove or 
        reduce obstacles to use of produced water for irrigation or 
        other purposes in ways that will not adversely affect water 
        quality or the environment.</DELETED>
<DELETED>    (c) Purpose.--The purpose of this Act is to facilitate the 
use of produced water for irrigation and other purposes without 
adversely affecting water quality or the environment, and to 
demonstrate ways to accomplish that result.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Produced water.--The term ``produced water'' 
        means water from an underground source, that is brought to the 
        surface as part of the process of exploration for or 
        development of oil, natural gas, coalbed methane, or any other 
        substance to be used as an energy source.</DELETED>
        <DELETED>    (2) Secretary.--The term ``the Secretary'' means 
        the Secretary of the Interior.</DELETED>
        <DELETED>    (3) Upper basin states.--The term ``Upper Basin 
        States'' means the States of Colorado, New Mexico, Utah, and 
        Wyoming.</DELETED>
        <DELETED>    (4) Lower basin states.--The term ``Lower Basin 
        States'' means the States of Arizona, California, and 
        Nevada.</DELETED>

<DELETED>SEC. 3. IDENTIFICATION OF PROBLEMS AND SOLUTIONS.</DELETED>

<DELETED>    (a) Study.--The Secretary, acting through the Commissioner 
of Reclamation and the Director of the United States Geological Survey, 
shall conduct a study to identify--</DELETED>
        <DELETED>    (1) the technical, economic, environmental, legal, 
        and other obstacles to increasing the extent to which produced 
        water can be used for irrigation and other purposes without 
        adversely affecting water quality or the environment; 
        and</DELETED>
        <DELETED>    (2) the legislative, administrative, and other 
        actions that could reduce or eliminate such 
        obstacles.</DELETED>
<DELETED>    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall report to the Committee on 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate regarding the results of the study 
required by this section.</DELETED>

<DELETED>SEC. 4. IMPLEMENTATION.</DELETED>

<DELETED>    (a) Grants.--Within existing authorities and subject to 
the availability of funds appropriated for the purpose, the Secretary 
shall provide financial assistance for the development of facilities to 
demonstrate the feasibility, effectiveness, and safety of processes to 
increase the extent to which produced water may be recovered and made 
suitable for use for irrigation, municipal or industrial uses, or other 
purposes without adversely affecting water quality or the 
environment.</DELETED>
<DELETED>    (b) Limitations.--Assistance under this section--
</DELETED>
        <DELETED>    (1) shall be provided for--</DELETED>
                <DELETED>    (A) at least one project in one of the 
                Upper Basin States other than New Mexico;</DELETED>
                <DELETED>    (B) at least one project in either New 
                Mexico or one of the Lower Basin States other than 
                California;</DELETED>
                <DELETED>    (C) at least one project in California; 
                and</DELETED>
                <DELETED>    (D) at least one project in 
                Texas;</DELETED>
        <DELETED>    (2) shall not exceed $1,000,000 for any 
        project;</DELETED>
        <DELETED>    (3) shall be used to pay not more than 50 percent 
        of the total cost of a project;</DELETED>
        <DELETED>    (4) shall not be used for operation or maintenance 
        of any facility; and</DELETED>
        <DELETED>    (5) may be in addition to assistance provided by 
        the United States pursuant to other provisions of 
        law.</DELETED>

<DELETED>SEC. 5. CONSULTATION, ADVICE, AND COMMENTS.</DELETED>

<DELETED>    In implementing this Act, including preparation of the 
report required by section 3 and the establishment of criteria to be 
used in connection with award of financial assistance pursuant to 
section 4, the Secretary shall--</DELETED>
        <DELETED>    (1) consult with the Secretary of Energy, the 
        Administrator of the Environmental Protection Agency, and 
        appropriate Governors and local officials;</DELETED>
        <DELETED>    (2) review any relevant information developed in 
        connection with research carried out by others, including 
        research carried out pursuant to section 999 of Public Law 109-
        58, and to the extent the Secretary considers advisable include 
        such information in the report required by section 3;</DELETED>
        <DELETED>    (3) seek the advice of individuals with relevant 
        professional or academic expertise and of companies or 
        individuals with industrial experience, particularly experience 
        related to production of oil, natural gas, or other energy 
        resources, including geothermal resources; and</DELETED>
        <DELETED>    (4) solicit comments and suggestions from the 
        public.</DELETED>

<DELETED>SEC. 6. RELATION TO OTHER LAWS.</DELETED>

<DELETED>    Nothing in this Act shall be construed as superseding, 
modifying, abrogating, or limiting--</DELETED>
        <DELETED>    (1) the effect of any State law or any interstate 
        authority or compact with regard to any use of water or the 
        regulation of water quantity or quality; or</DELETED>
        <DELETED>    (2) the applicability or effect of any Federal law 
        or regulation.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated--</DELETED>
        <DELETED>    (1) $1,000,000 to implement section 3; 
        and</DELETED>
        <DELETED>    (2) $5,000,000 to implement section 4.</DELETED>

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``More Water, More 
Energy, and Less Waste Act of 2007''.
    (b) Findings.--The Congress finds that--
            (1) development of energy resources, including oil, natural 
        gas, coalbed methane, and geothermal resources, frequently 
        results in bringing to the surface water extracted from 
        underground sources;
            (2) some of that produced water is used for irrigation or 
        other purposes, but most of the water is returned to the 
        subsurface or otherwise disposed of as waste;
            (3) reducing the quantity of produced water returned to the 
        subsurface and increasing the quantity of produced water that 
        is made available for irrigation and other uses--
                    (A) would augment water supplies;
                    (B) could reduce the costs to energy developers for 
                disposing of the water; and
                    (C) in some cases, could increase the efficiency of 
                energy development activities; and
            (4) it is in the national interest--
                    (A) to limit the quantity of produced water 
                disposed of as waste;
                    (B) to optimize the production of energy resources; 
                and
                    (C) to remove or reduce obstacles to use of 
                produced water for irrigation or other purposes in ways 
                that will not adversely affect water quality or the 
                environment.
    (c) Purposes.--The purposes of this Act are--
            (1) to optimize the production of energy resources--
                    (A) by minimizing the quantity of produced water; 
                and
                    (B) by facilitating the use of produced water for 
                irrigation and other purposes without adversely 
                affecting water quality or the environment; and
            (2) to demonstrate means of accomplishing those results.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Lower basin state.--The term ``Lower Basin State'' 
        means any of the States of--
                    (A) Arizona;
                    (B) California; and
                    (C) Nevada.
            (2) Produced water.--The term ``produced water'' means 
        water from an underground source that is brought to the surface 
        as part of the process of exploration for, or development of--
                    (A) oil;
                    (B) natural gas;
                    (C) coalbed methane; or
                    (D) any other substance to be used as an energy 
                source.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Upper basin state.--The term ``Upper Basin State'' 
        means any of the States of--
                    (A) Colorado;
                    (B) New Mexico;
                    (C) Utah; and
                    (D) Wyoming.

SEC. 3. IDENTIFICATION OF PROBLEMS AND SOLUTIONS.

    (a) Study.--The Secretary shall conduct a study to identify--
            (1) the technical, economic, environmental, and other 
        obstacles to reducing the quantity of produced water;
            (2) the technical, economic, environmental, legal, and 
        other obstacles to increasing the extent to which produced 
        water can be used for irrigation and other purposes without 
        adversely affecting water quality or the environment;
            (3) the legislative, administrative, and other actions that 
        could reduce or eliminate the obstacles identified in 
        paragraphs (1) and (2); and
            (4) the costs and benefits associated with reducing or 
        eliminating the obstacles identified in paragraphs (1) and (2).
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report describing the results of 
the study under subsection (a).

SEC. 4. IMPLEMENTATION.

    (a) Grants.--Subject to the availability of appropriations, the 
Secretary shall provide financial assistance for the development of 
facilities, technologies, and processes to demonstrate the feasibility, 
effectiveness, and safety of--
            (1) optimizing energy resource production by reducing the 
        quantity of produced water generated; or
            (2) increasing the extent to which produced water may be 
        recovered and made suitable for use for irrigation, municipal, 
        or industrial uses, or other purposes without adversely 
        affecting water quality or the environment.
    (b) Limitations.--Assistance under this section--
            (1) shall be provided for--
                    (A) at least 1 project in each of the Upper Basin 
                States; and
                    (B) at least 1 project in at least 1 of the Lower 
                Basin States;
            (2) shall not exceed $1,000,000 for any project;
            (3) shall be used to pay not more than 50 percent of the 
        total cost of a project;
            (4) shall not be used for the operation or maintenance of 
        any facility; and
            (5) may be in addition to assistance provided by the 
        Federal Government pursuant to other provisions of law.

SEC. 5. CONSULTATION, ADVICE, AND COMMENTS.

    In carrying out this Act, including in preparing the report under 
section 3(b) and establishing criteria to be used in connection with an 
award of financial assistance under section 4, the Secretary shall--
            (1) consult with the Secretary of Energy, the Administrator 
        of the Environmental Protection Agency, and appropriate 
        Governors and local officials;
            (2)(A) review any relevant information developed in 
        connection with research carried out by others, including 
        research carried out pursuant to subtitle J of title IX of the 
        Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and
            (B) to the extent the Secretary determines to be advisable, 
        include that information in the report under section 3(b);
            (3) seek the advice of--
                    (A) individuals with relevant professional or 
                academic expertise; and
                    (B) individuals or representatives of entities with 
                industrial experience, particularly experience relating 
                to production of oil, natural gas, coalbed methane, or 
                other energy resources (including geothermal 
                resources); and
            (4) solicit comments and suggestions from the public.

SEC. 6. RELATION TO OTHER LAWS.

    Nothing in this Act supersedes, modifies, abrogates, or limits--
            (1) the effect of any State law or any interstate authority 
        or compact relating to--
                    (A) any use of water; or
                    (B) the regulation of water quantity or quality; or
            (2) the applicability or effect of any Federal law 
        (including regulations).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1) $1,000,000 to carry out section 3; and
            (2) $7,500,000 to carry out section 4.
                                                       Calendar No. 256

110th CONGRESS

  1st Session

                               H. R. 902

                          [Report No. 110-122]

_______________________________________________________________________

                                 AN ACT

   To facilitate the use for irrigation and other purposes of water 
      produced in connection with development of energy resources.

_______________________________________________________________________

                             June 28, 2007

                       Reported with an amendment