[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4891 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 558
116th CONGRESS
  2d Session
                                H. R. 4891

                      [Report No. 116-674, Part I]

 To provide for the conduct of certain water security measures in the 
             Western United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2019

 Ms. Torres Small of New Mexico (for herself, Mr. Lujan, Ms. Haaland, 
 Mrs. Kirkpatrick, Mr. Hurd of Texas, and Ms. DeGette) introduced the 
    following bill; which was referred to the Committee on Natural 
  Resources, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                           December 18, 2020

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 18, 2020

 Committee on Science, Space, and Technology discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed
[For text of introduced bill, see copy of bill as introduced on October 
                               28, 2019]


_______________________________________________________________________

                                 A BILL


 
 To provide for the conduct of certain water security measures in the 
             Western United States, and for other purposes.


 


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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Western Water 
Security Act of 2020''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

        TITLE I--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT

Sec. 101. Watersmart extension and expansion.
Sec. 102. Emergency drought funding.
Sec. 103. Rio Grande Pueblo Irrigation Infrastructure Reauthorization.

                    TITLE II--GROUNDWATER MANAGEMENT

Sec. 201. Reauthorization and expansion of the Transboundary Aquifer 
                            Assessment Program.
Sec. 202. Groundwater management assessment and improvement.
Sec. 203. Surface and groundwater water availability and the energy 
                            nexus.

      TITLE III--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION

Sec. 301. Definitions.
Sec. 302. Water acquisition program.
Sec. 303. Middle Rio Grande Water Conservation.
Sec. 304. Sustaining biodiversity during droughts.
Sec. 305. Reauthorization of cooperative watershed management program.

                    TITLE IV--EFFECT ON EXISTING LAW

Sec. 401. Effect on existing law.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Rio grande compact.--The term ``Rio Grande Compact'' 
        means the compact approved by Congress under the Act of May 31, 
        1939 (53 Stat. 785, chapter 155).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of New 
        Mexico.

        TITLE I--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT

SEC. 101. WATERSMART EXTENSION AND EXPANSION.

    (a) Definition of Eligible Applicant.--Section 9502 of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``section'' and inserting ``subtitle'';
            (2) by striking paragraph (7) and inserting the following:
            ``(7) Eligible applicant.--The term `eligible applicant' 
        means--
                    ``(A) any State, Indian tribe, irrigation district, 
                or water district;
                    ``(B) any State, regional, or local authority, the 
                members of which include one or more organizations with 
                water or power delivery authority;
                    ``(C) any other organization with water or power 
                delivery authority; or
                    ``(D) any nonprofit conservation organization.'';
            (3) by redesignating paragraphs (13) through (17) as 
        paragraphs (14) through (18), respectively; and
            (4) by inserting after paragraph (12) the following:
            ``(13) Natural water recharge infrastructure.--The term 
        `natural water recharge infrastructure' means a single project, 
        a number of distributed projects across a watershed, or the 
        redesign and replacement, or removal, of built infrastructure 
        to incorporate natural aquatic elements, in which the project--
                    ``(A) uses natural materials appropriate to the 
                specific site and landscape setting;
                    ``(B) mimics natural riverine, floodplain, 
                riparian, wetland, hydrologic, or other ecological 
                processes; and
                    ``(C) results in aquifer recharge, transient 
                floodplain water retention, or restoration of water in 
                the landscape such that the water returns to a wetland, 
                riparian area, or surface water channel.''.
    (b) Research Agreements.--Section 9504(b)(1) of the Omnibus Public 
Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``nonprofit conservation organization,'' before ``or 
        organization'';
            (2) in subparagraph (B), by striking ``or'' at the end;
            (3) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (4) by inserting after subparagraph (B) the following:
                    ``(C) to increase natural water recharge 
                infrastructure; or''.
    (c) Water Management Improvement.--Section 9504(e) of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by 
striking ``$530,000,000'' and inserting ``$700,000,000, subject to the 
condition that $50,000,000 of that amount shall be used to carry out 
section 206 of the Energy and Water Development and Related Agencies 
Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.
    (d) Conforming Amendment.--Section 4009(d) of Public Law 114-322 
(42 U.S.C. 10364 note) is amended by striking ``on the condition that 
of that amount, $50,000,000 of it is used to carry out section 206 of 
the Energy and Water Development and Related Agencies Appropriation 
Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.

SEC. 102. EMERGENCY DROUGHT FUNDING.

    (a) Authorization of Appropriations.--Section 301 of the 
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 
2241) is amended--
            (1) by striking ``120,000,000'' and inserting 
        ``180,000,000''; and
            (2) by striking ``2020'' and inserting ``2025, of which not 
        more than $30,000,000 shall be made available during that 
        period for the conduct of actions authorized under title I of 
        the Reclamation States Emergency Drought Relief Act of 1991 (43 
        U.S.C. 2211 et seq.) to benefit imperiled fish and wildlife''.
    (b) Applicable Period of Drought Program.--Section 104 of the 
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 
2214) is amended by striking subsection (a) and inserting the 
following:
    ``(a) In General.--The programs and authorities established under 
this title shall become operative in any Reclamation State and in the 
State of Hawaii only--
            ``(1) after the Governor or Governors of the affected State 
        or States, or the governing body of an affected Indian Tribe 
        with respect to a reservation, has made a request for temporary 
        drought assistance and the Secretary has determined that the 
        temporary assistance is merited;
            ``(2) after a drought emergency has been declared by the 
        Governor or Governors of the affected State or States; or
            ``(3) on approval of a drought contingency plan as provided 
        in title II.''.
    (c) Reauthorization.--Section 104(c) of the Reclamation States 
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by 
striking ``2020'' and inserting ``2030''.

SEC. 103. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE REAUTHORIZATION.

    Section 9106 of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1304) is amended--
            (1) in subsection (c)(4), by striking ``2 years after the 
        date of enactment of this Act, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Resources'' and inserting ``December 31, 2020, 
        the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources''; and
            (2) in subsection (g)(2)--
                    (A) by striking ``$6,000,000'' and inserting ``such 
                sums as may be necessary''; and
                    (B) by striking ``2010 through 2019'' and inserting 
                ``2020 through 2029''.

                    TITLE II--GROUNDWATER MANAGEMENT

SEC. 201. REAUTHORIZATION AND EXPANSION OF THE TRANSBOUNDARY AQUIFER 
              ASSESSMENT PROGRAM.

    (a) Designation of Priority Transboundary Aquifers.--Section 
4(c)(2) of the United States-Mexico Transboundary Aquifer Assessment 
Act (42 U.S.C. 1962 note; Public Law 109-448) is amended by striking 
``New Mexico or Texas'' and inserting ``New Mexico, Texas, or Arizona 
(other than an aquifer underlying Arizona and Sonora, Mexico, that is 
partially within the Yuma groundwater basin designated by the order of 
the Director of the Arizona Department of Water Resources dated June 
21, 1984)''.
    (b) Reauthorization.--
            (1) Authorization of appropriations.--Section 8(a) of the 
        United States-Mexico Transboundary Aquifer Assessment Act (42 
        U.S.C. 1962 note; Public Law 109-448) is amended by striking 
        ``fiscal years 2007 through 2016'' and inserting ``fiscal years 
        2021 through 2029''.
            (2) Sunset of authority.--Section 9 of the United States-
        Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 
        note; Public Law 109-448) is amended by striking ``enactment of 
        this Act'' and inserting ``enactment of the Western Water 
        Security Act of 2020''.

SEC. 202. GROUNDWATER MANAGEMENT ASSESSMENT AND IMPROVEMENT.

    Section 9504(a) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10364(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or carrying out any activity'' after ``any 
                improvement'';
                    (B) by striking subparagraphs (A) through (E);
                    (C) by redesignating subparagraphs (F) through (H) 
                as subparagraphs (B) through (D), respectively;
                    (D) by inserting before subparagraph (B) (as so 
                redesignated) the following:
                    ``(A) to assist States and water users in complying 
                with interstate compacts through temporary, voluntary, 
                and compensated transactions that decrease consumptive 
                water use at a regional or watershed scale;'';
                    (E) in subparagraph (B) (as so redesignated), by 
                striking ``to prevent'' and inserting ``to achieve the 
                prevention of'';
                    (F) in subparagraph (C) (as so redesignated), by 
                striking ``to accelerate'' and inserting ``to achieve 
                the acceleration of''; and
                    (G) in subparagraph (D) (as so redesignated)--
                            (i) by striking clause (i) and inserting 
                        the following:
                            ``(i) to increase ecological resilience to 
                        climate change, including by enhancing natural 
                        water recharge infrastructure within a 
                        floodplain or riparian wetland, by addressing 
                        climate-related impacts or vulnerability to the 
                        water supply of the United States;'';
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) to plan for or address the impacts 
                        of drought.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) Eligible projects.--The improvements or activities 
        eligible for assistance under paragraph (1) may include 
        improvements or activities--
                    ``(A) using an approach--
                            ``(i) to conserve water;
                            ``(ii) to increase water use efficiency;
                            ``(iii) to facilitate water markets; or
                            ``(iv) to enhance water management, 
                        including increasing the use of renewable 
                        energy in the management and delivery of water 
                        or increasing natural water recharge 
                        infrastructure;
                    ``(B) to improve the condition of natural water 
                recharge infrastructure; or
                    ``(C) to achieve the acceleration of the adoption 
                and use of advanced water treatment technologies to 
                increase water supply.''; and
            (4) in paragraph (4) (as so redesignated)--
                    (A) in subparagraph (B)(i), by striking subclause 
                (II) and inserting the following:
                                    ``(II) to use the assistance 
                                provided under a grant or agreement to 
                                increase the consumptive use of water 
                                for agricultural operations above the 
                                pre-project levels, as determined 
                                pursuant to the law of the State in 
                                which the operation of the eligible 
                                applicant is located.''; and
                    (B) in subparagraph (E)--
                            (i) by striking clause (i) and inserting 
                        the following:
                            ``(i) Federal share.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the Federal 
                                share of the cost of any infrastructure 
                                improvement or activity that is the 
                                subject of a grant or other agreement 
                                entered into between the Secretary and 
                                an eligible applicant under paragraph 
                                (1) shall not exceed 50 percent of the 
                                cost of the infrastructure improvement 
                                or activity.
                                    ``(II) Increased federal share for 
                                certain infrastructure improvements and 
                                activities.--
                                            ``(aa) In general.--The 
                                        Federal share of the cost of an 
                                        infrastructure improvement or 
                                        activity described in item (bb) 
                                        shall not exceed 75 percent of 
                                        the cost of the infrastructure 
                                        improvement or activity.
                                            ``(bb) Infrastructure 
                                        improvements and activities 
                                        described.--An infrastructure 
                                        improvement or activity 
                                        referred to in item (aa) is an 
                                        infrastructure improvement or 
                                        activity that provides benefits 
                                        to consumptive water users and 
                                        nonconsumptive ecological or 
                                        recreational values in which--

                                                    ``(AA) in the case 
                                                of an infrastructure 
                                                improvement or activity 
                                                that conserves water, 
                                                the conserved water is 
                                                returned to a surface 
                                                water source with 
                                                ecological or 
                                                recreational benefits; 
                                                or

                                                    ``(BB) in the case 
                                                of other infrastructure 
                                                improvements or 
                                                activities, the 
                                                majority of the 
                                                benefits are 
                                                nonconsumptive 
                                                ecological or 
                                                recreational 
                                                benefits.''; and

                            (ii) in clause (ii), in the matter 
                        preceding subclause (I), by striking 
                        ``paragraph (2)'' and inserting ``paragraph 
                        (3)''.

SEC. 203. SURFACE AND GROUNDWATER WATER AVAILABILITY AND THE ENERGY 
              NEXUS.

    Section 9508(d)(3) of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10368(d)(3)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the semicolon and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) oil, gas, and mineral development under the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.), the Act of 
                May 11, 1938 (commonly known as the `Indian Mineral 
                Leasing Act of 1938') (25 U.S.C. 396a et seq.), 
                sections 2319 through 2344 of the Revised Statutes 
                (commonly known as the `Mining Law of 1872') (30 U.S.C. 
                22 et seq.), and the Outer Continental Shelf Lands Act 
                (43 U.S.C. 1331 et seq.);''.

      TITLE III--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION

SEC. 301. DEFINITIONS.

    In this title:
            (1) Basin.--The term ``Basin''--
                    (A) is limited to areas within the State; and
                    (B) means each of--
                            (i) the Upper Rio Grande Basin;
                            (ii) the Middle Rio Grande Basin;
                            (iii) the Lower Rio Grande Basin;
                            (iv) the Lower Pecos River Basin;
                            (v) the Gila River Basin;
                            (vi) the Canadian River Basin;
                            (vii) the San Francisco River Basin; and
                            (viii) the San Juan River Basin.
            (2) District.--The term ``District'' means--
                    (A) the Middle Rio Grande Conservancy District;
                    (B) the Elephant Butte Irrigation District;
                    (C) the Carlsbad Irrigation District;
                    (D) the Arch Hurley Conservancy District;
                    (E) the Pecos Valley Artesian Conservation 
                District; or
                    (F) the San Juan Water Commission.
            (3) Pueblo.--The term ``Pueblo'' means each of the 
        following pueblos in the State:
                    (A) Cochiti.
                    (B) Santo Domingo.
                    (C) San Felipe.
                    (D) Santa Ana.
                    (E) Sandia.
                    (F) Isleta.

SEC. 302. WATER ACQUISITION PROGRAM.

    (a) Authorization.--The Secretary, acting through the Commissioner 
of Reclamation, shall carry out in the Basins a water acquisition 
program in coordination with the other appropriate Federal agencies, 
State agencies, and non-Federal stakeholders, under which the Secretary 
shall--
            (1) make acquisitions, or assist the State or a District in 
        making acquisitions, of water in the Basins by lease or 
        purchase of water rights or contractual entitlements from 
        willing lessors or sellers, consistent with section 8 of the 
        Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact, 
        and applicable State law relating to the acquisition and 
        administration of water rights; and
            (2) take any other actions, consistent with section 8 of 
        the Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande 
        Compact, and applicable State law, that the Secretary 
        determines would achieve the purposes of the water acquisition 
        program described in subsection (b).
    (b) Purposes.--The purposes of the water acquisition program are--
            (1) to enhance stream flow to benefit fish and wildlife 
        (including endangered species), water quality, and river 
        ecosystem restoration in the Basins;
            (2) to enhance stewardship and conservation of working 
        land, water, and watersheds in the Basins, consistent with the 
        purpose described in paragraph (1); and
            (3) to address water supply-demand imbalances in the 
        Basins, consistent with State law and the purpose described in 
        paragraph (1).
    (c) Coordination.--To assist in developing and administering the 
program, the Secretary may provide funds to the State, a District, or a 
federally established nonprofit entity with particular expertise in 
western water transactions.
    (d) District Projects.--Subject to the Rio Grande Compact and 
applicable State law, the Secretary may develop programs to provide--
            (1) cost-share assistance to a District to reduce water 
        depletions by agricultural producers and irrigators in that 
        District by making irrigation system improvements and 
        increasing system efficiency;
            (2) incentives to a District for the establishment of a 
        water leasing program from willing lessors for agricultural 
        producers and irrigators in that District to temporarily lease 
        pre-1907 water rights (instead of permanent severance from 
        irrigable land) for the purpose of providing benefits to 
        species listed as threatened or endangered under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) and other river 
        ecosystem benefits; and
            (3) cost-share assistance to a District to implement 
        infrastructure or operational changes that will allow for 
        effective management of a leasing program, while maintaining 
        adequate water deliveries to other agricultural producers and 
        irrigators.

SEC. 303. MIDDLE RIO GRANDE WATER CONSERVATION.

    (a) In General.--The Secretary, in cooperation with a District and 
in consultation with the Pueblos, may provide funding and technical 
assistance for the installation of metering and measurement devices and 
the construction of check structures on irrigation diversions, canals, 
laterals, ditches, and drains--
            (1) to ensure the conservation and efficient use of water 
        within that District by--
                    (A) reducing actual consumptive use; or
                    (B) not increasing the use of water; and
            (2) to improve the measurement and allocation of water, 
        including water acquired through the water acquisition program 
        established under section 302.
    (b) Rio Grande, San Acacia, and Isleta Reaches.--
            (1) In general.--The Secretary shall provide for the 
        development of a comprehensive plan for the San Acacia and 
        Isleta reaches to plan, design, permit, construct, and 
        prioritize projects that balance river maintenance, water 
        availability, use, and delivery, and ecosystem benefits, 
        including--
                    (A) planning, permitting, and construction of a 
                pumping station at Bosque del Apache National Wildlife 
                Refuge for the purpose of more efficiently using water 
                to provide--
                            (i) a stable supply for the Refuge; and
                            (ii) an efficient and reliable supply of 
                        water to the Rio Grande for the benefit of the 
                        endangered silvery minnow and Southwestern 
                        willow flycatcher;
                    (B) planning, permitting, and construction of a 
                river channel realignment project near the Rio Grande 
                mile-83 for the purpose of conveying water and sediment 
                through the reach to Elephant Butte Reservoir and 
                addressing river channel aggradation while maintaining 
                floodplain connectivity during the snowmelt runoff;
                    (C) planning, permitting, and construction of a 
                controlled outlet for the low flow conveyance channel 
                to the Rio Grande between Fort Craig, New Mexico, and 
                Rio Grande mile-60 for the purpose of water use and 
                delivery, enhancement and development of habitat areas, 
                and possible creation of a single-channel river 
                ecosystem; and
                    (D) development of a Lower Reach plan--
                            (i) to identify additional projects and 
                        maintenance activities with water use, sediment 
                        management, and delivery and ecosystem 
                        benefits; and
                            (ii) to prioritize implementation of all 
                        projects and activities.
            (2) Public participation.--In carrying out this subsection, 
        the Secretary shall provide a process for public participation 
        and comment during plan development and alternative analysis.

SEC. 304. SUSTAINING BIODIVERSITY DURING DROUGHTS.

    Section 9503(b) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10363(b)) is amended--
            (1) in paragraph (3)(D), by inserting ``and native 
        biodiversity'' after ``wildlife habitat''; and
            (2) in paragraph (4)(B), by inserting ``and drought 
        biodiversity plans to address sustaining native biodiversity 
        during periods of drought'' after ``restoration plans''.

SEC. 305. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

    Section 6002(g)(4) of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 1015a(g)(4)) is amended by striking ``2020'' and 
inserting ``2031''.

                    TITLE IV--EFFECT ON EXISTING LAW

SEC. 401. EFFECT ON EXISTING LAW.

    (a) In General.--An action taken by the Secretary or another entity 
under this Act or an amendment made by this Act shall comply with 
applicable State laws in effect on the date of enactment of this Act.
    (b) State Law.--Nothing in this Act or an amendment made by this 
Act affects, is intended to affect, or interferes with a law of the 
State relating to the control, appropriation, use, or distribution of 
water, or any vested right acquired under the law.
    (c) Rio Grande Compact.--Nothing in this Act or an amendment made 
by this Act affects or is intended to affect or interfere with any 
obligation of a State under the Rio Grande Compact or any litigation 
relating to the Rio Grande Compact.
                                                 Union Calendar No. 558

116th CONGRESS

  2d Session

                               H. R. 4891

                      [Report No. 116-674, Part I]

_______________________________________________________________________

                                 A BILL

 To provide for the conduct of certain water security measures in the 
             Western United States, and for other purposes.

_______________________________________________________________________

                           December 18, 2020

   Reported from the Committee on Natural Resources with an amendment

                           December 18, 2020

 Committee on Science, Space, and Technology discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed