[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2718 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2718

 To provide for the conduct of certain water security measures in the 
              State of New Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 28, 2019

Mr. Udall (for himself and Mr. Heinrich) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the conduct of certain water security measures in the 
              State of New Mexico, 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 2019''.
    (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. Rural desalination.
Sec. 103. Emergency drought funding.
Sec. 104. 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; and
                    ``(D) any nonprofit conservation organization.'';
            (3) in paragraph (10), by striking ``450b'' and inserting 
        ``5304'';
            (4) by redesignating paragraphs (13) through (17) as 
        paragraphs (14) through (18), respectively; and
            (5) 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 ``$480,000,000'' and inserting ``$650,000,000, 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. RURAL DESALINATION.

    Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104-298) is amended by striking the second paragraph 
(1) (relating to projects) and inserting the following:
            ``(2) Projects.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Eligible desalination project.--The 
                        term `eligible desalination project' means any 
                        project located in a Reclamation State, or for 
                        which the construction, operation, sponsorship, 
                        or funding is the responsibility of, and the 
                        primary water supply benefit accrues to, one or 
                        more entities in a Reclamation State, that--
                                    ``(I) involves an ocean or brackish 
                                water desalination facility--
                                            ``(aa) constructed, 
                                        operated, and maintained by a 
                                        State, Indian Tribe, irrigation 
                                        district, water district, or 
                                        other organization with water 
                                        or power delivery authority; or
                                            ``(bb) sponsored or funded 
                                        by any combination of a State, 
                                        department of a State, 
                                        political subdivision of a 
                                        State, or public agency 
                                        organized pursuant to State 
                                        law, including through--

                                                    ``(AA) direct 
                                                sponsorship or funding; 
                                                or

                                                    ``(BB) indirect 
                                                sponsorship or funding, 
                                                such as by paying for 
                                                the water provided by 
                                                the facility; and

                                    ``(II) provides a Federal benefit 
                                in accordance with the reclamation 
                                laws.
                            ``(ii) Rural desalination project.--The 
                        term `rural desalination project' means a 
                        project located in a Reclamation State, or for 
                        which the construction, operation, sponsorship, 
                        or funding is the responsibility of, and the 
                        primary water supply benefit accrues to, one or 
                        more entities in a Reclamation State, that--
                                    ``(I) involves an ocean or brackish 
                                water desalination facility; and
                                    ``(II) is designed to serve a 
                                community or group of communities, each 
                                of which has a population of not more 
                                than 40,000 inhabitants.
                    ``(B) Cost-sharing requirement.--
                            ``(i) In general.--Subject to the 
                        requirements of this subsection and 
                        notwithstanding section 7, the Federal share of 
                        an eligible desalination project carried out 
                        under this subsection shall be--
                                    ``(I) not more than 25 percent of 
                                the total cost of the eligible 
                                desalination project; or
                                    ``(II) in the case of a rural 
                                desalination project, the applicable 
                                percentage determined in accordance 
                                with clause (ii).
                            ``(ii) Rural desalination projects.--
                                    ``(I) Cost-sharing requirement for 
                                appraisal studies.--Subject to 
                                subclause (IV), in the case of a rural 
                                desalination project carried out under 
                                this subsection, the Federal share of 
                                the cost of appraisal studies for the 
                                rural desalination project shall be--
                                            ``(aa) 100 percent of the 
                                        total costs of the appraisal 
                                        studies, up to $200,000; and
                                            ``(bb) if the total costs 
                                        of the appraisal studies are 
                                        more than $200,000, 50 percent 
                                        of any amounts over $200,000.
                                    ``(II) Cost-sharing requirement for 
                                feasibility studies.--Subject to 
                                subclause (IV), in the case of a rural 
                                desalination project carried out under 
                                this subsection, the Federal share of 
                                the cost of feasibility studies for the 
                                rural desalination project shall be not 
                                more than 50 percent.
                                    ``(III) Cost-sharing requirement 
                                for construction costs.--In the case of 
                                a rural desalination project carried 
                                out under this subsection, the Federal 
                                share of the cost of construction of 
                                the rural desalination project shall be 
                                not more than 75 percent, unless--
                                            ``(aa) the Secretary 
                                        determines during the 
                                        feasibility study phase, on a 
                                        project-by-project basis, that 
                                        the non-Federal share should be 
                                        increased; or
                                            ``(bb) the Secretary 
                                        determines that the non-Federal 
                                        share should be reduced under 
                                        subclause (IV).
                                    ``(IV) Reduction in non-federal 
                                share.--The Secretary may reduce the 
                                non-Federal share of a rural 
                                desalination project required under 
                                subclause (I), (II), or (III) if the 
                                Secretary determines, after 
                                consultation with the heads of any 
                                other Federal agencies that are 
                                partners in the rural desalination 
                                project and in accordance with 
                                applicable Reclamation standards, that 
                                the reduction is appropriate due to--
                                            ``(aa) an overwhelming 
                                        Federal interest in the rural 
                                        desalination project; and
                                            ``(bb) the sponsor of the 
                                        rural desalination project 
                                        demonstrating financial 
                                        hardship.
                    ``(C) State role.--Participation by the Secretary 
                in an eligible desalination project under this 
                subsection shall not occur unless--
                            ``(i)(I) the eligible desalination project 
                        is included in a State-approved plan; or
                            ``(II) the participation has been requested 
                        by the Governor of the State in which the 
                        eligible desalination project is located;
                            ``(ii) the State or local sponsor of the 
                        eligible desalination project determines, and 
                        the Secretary concurs, that--
                                    ``(I) the eligible desalination 
                                project--
                                            ``(aa) is technically and 
                                        financially feasible; and
                                            ``(bb) provides a Federal 
                                        benefit in accordance with the 
                                        reclamation laws; and
                                    ``(II) the non-Federal project 
                                sponsor is financially capable of 
                                funding the non-Federal share of the 
                                project costs; and
                            ``(iii) the Secretary submits to Congress a 
                        written notification of the determinations 
                        under clause (ii) by not later than 30 days 
                        after the date of the determinations.
                    ``(D) Environmental laws.--In participating in an 
                eligible desalination project under this paragraph, the 
                Secretary shall comply with all applicable 
                environmental laws, including the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
                    ``(E) Information.--In participating in an eligible 
                desalination project under this subsection, the 
                Secretary--
                            ``(i) may rely on reports prepared by the 
                        sponsor of the eligible desalination project, 
                        including feasibility or equivalent studies, 
                        environmental analyses, and other pertinent 
                        reports and analyses; but
                            ``(ii) shall retain responsibility for 
                        making the independent determinations described 
                        in subparagraph (C).
                    ``(F) Funding.--
                            ``(i) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this paragraph $65,000,000 for the period 
                        of fiscal years 2020 through 2024, of which not 
                        less than $15,000,000 shall be made available 
                        during that period for rural desalination 
                        projects.
                            ``(ii) Funding opportunity announcement.--
                        The Commissioner of Reclamation shall release a 
                        funding opportunity announcement for a grant 
                        program under this paragraph by not later than 
                        75 days after the date of enactment of an Act 
                        that provides funding for the program.
                            ``(iii) Congressional approval initially 
                        required.--
                                    ``(I) In general.--Each initial 
                                award under this paragraph for design 
                                and study, or for construction, of an 
                                eligible desalination project shall be 
                                approved in an appropriations Act.
                                    ``(II) Reclamation 
                                recommendations.--The Commissioner of 
                                Reclamation shall submit 
                                recommendations regarding the initial 
                                award of design and study funding and 
                                construction funding for consideration 
                                under subclause (I) to--
                                            ``(aa) the Committee on 
                                        Appropriations of the Senate;
                                            ``(bb) the Committee on 
                                        Energy and Natural Resources of 
                                        the Senate;
                                            ``(cc) the Committee on 
                                        Appropriations of the House of 
                                        Representatives; and
                                            ``(dd) the Committee on 
                                        Natural Resources of the House 
                                        of Representatives.
                            ``(iv) Subsequent funding awards.--After 
                        approval by Congress of an initial award of 
                        design and study funding or construction 
                        funding for an eligible desalination project 
                        under clause (iii), the Commissioner of 
                        Reclamation may award additional design and 
                        study funding or construction funding, 
                        respectively, for the eligible desalination 
                        project without further congressional 
                        approval.''.

SEC. 103. EMERGENCY DROUGHT FUNDING.

    (a) Financial Assistance.--
            (1) In general.--Financial assistance may be made available 
        under the Reclamation States Emergency Drought Relief Act of 
        1991 (43 U.S.C. 2201 et seq.) for eligible water projects to 
        assist Western States and Tribal governments to address 
        drought-related impacts to water supplies or any other 
        immediate water-related crisis or conflict, including through 
        voluntary, temporary, and compensated programs to reduce water 
        demands for the purpose of increasing water available in a 
        system or reducing water supply-demand imbalances.
            (2) Additional availability.--Financial assistance may be 
        made available under this subsection to organizations and 
        entities with water delivery authority that are--
                    (A) engaged in collaborative processes to restore 
                the environment; or
                    (B) part of a basin-wide solution for restoration.
            (3) Types of assistance.--Assistance under paragraph (1) 
        may include a range of projects, including--
                    (A) the installation of pumps, temporary barriers, 
                or operable gates for water diversion and fish 
                protection;
                    (B) the installation of drought-relief groundwater 
                wells for Indian Tribes and in wildlife refuges and 
                other environmentally sensitive areas requiring 
                emergency surface water flow augmentation;
                    (C) the acquisition or assistance in the 
                acquisition of water from willing sellers, including on 
                a voluntary, temporary, and compensated basis, to 
                enhance stream flow for the benefit of fish and 
                wildlife (including endangered species), water quality, 
                river ecosystem restoration, and other beneficial 
                purposes, to be carried out in accordance with the 
                water acquisition program established under section 
                302;
                    (D) agricultural and urban conservation and 
                efficiency projects;
                    (E) exchanges with any water district willing to 
                provide water to meet the emergency water needs of 
                other water districts in return for the delivery of 
                equivalent quantities of water later that year or in 
                future years;
                    (F) maintenance of cover crops to prevent public 
                health impacts from severe dust storms;
                    (G) emergency pumping projects for critical health 
                and safety purposes;
                    (H) activities to reduce water demand consistent 
                with a comprehensive program for environmental 
                restoration and settlement of water rights claims;
                    (I) the use of new or innovative on-farm water 
                conservation technologies or methods that may--
                            (i) assist in sustaining permanent crops in 
                        areas with severe water shortages; and
                            (ii) make water available for other 
                        beneficial uses, provided that the assistance 
                        cannot be used to increase the consumptive use 
                        of water or increase depletions under an 
                        interstate compact, as determined in accordance 
                        with the applicable laws of the State in which 
                        the eligible project is located;
                    (J) activities that protect, restore, or enhance 
                fish and wildlife habitat or otherwise improve 
                environmental conditions, including water quantity or 
                quality concerns and improved fish passage;
                    (K) activities reducing or preventing groundwater 
                depletion or promoting groundwater recharge;
                    (L) technical assistance to improve existing 
                irrigation practices to provide water supply benefits;
                    (M) the investigation of, and pilot projects for, 
                brackish water development and aquifer storage and 
                recovery;
                    (N) the lining of irrigation ditches and canals to 
                reduce water loss and improve efficiency;
                    (O) assistance to municipal water management 
                entities for water supply planning in preparation for 
                and in response to dry, critically dry, and below 
                normal water years, including--
                            (i) hydrological forecasting;
                            (ii) identification of alternative water 
                        supply sources; and
                            (iii) guidance on potential water transfer 
                        partners; and
                    (P) any other assistance the Secretary determines 
                to be necessary--
                            (i) to increase available water supplies;
                            (ii) to reduce water supply-demand 
                        imbalances in a hydrologic system;
                            (iii) to maintain the health of river 
                        ecosystems; or
                            (iv) to mitigate drought impacts.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to provide financial assistance under this 
        subsection not more than $180,000,000 for the period of fiscal 
        years 2006 through 2024, 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. 104. 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), by striking ``2010 through 2019'' 
        and inserting ``2019 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 
        2020 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 2019''.

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 or reducing basin water 
                supply-demand imbalances, including 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 storage 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 storage;
                    ``(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) all oil, gas, and mineral development 
                activities;''.

      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 the Middle Rio 
        Grande Conservancy District.
            (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 the 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, the 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 the District to reduce water 
        depletions by agricultural producers and irrigators in the 
        District to reduce water depletions by making irrigation system 
        improvements and increasing system efficiency;
            (2) incentives to the District for the establishment of a 
        water leasing program from willing lessors for agricultural 
        producers and irrigators in the 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 the 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 the 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 the 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.
                                 <all>