[Congressional Record Volume 145, Number 135 (Thursday, October 7, 1999)]
[Extensions of Remarks]
[Page E2062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 LEGISLATION TO AUTHORIZE REHABILITATION OF THE MUNICIPAL WATER SYSTEM 
                  ON THE JICARILLA APACHE RESERVATION

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                       Thursday, October 7, 1999

  Mr. UDALL of New Mexico. Mr. Speaker, today I rise to introduce a 
bill to authorize and direct the Bureau of Reclamation to conduct a 
feasibility study with regards to the rehabilitation of the municipal 
water system of the Jicarilla Apache Reservation, located in the State 
of New Mexico. I am very pleased to be joined by several of my 
colleagues in the introduction of this important bill--including the 
other two Representatives from New Mexico, Congressman Skeen and 
Congresswoman Wilson; as well as Congressmen Kildee, Hayworth, Young, 
Miller, Kennedy, and Becerra.
  Sadly, Mr. Speaker, the Jicarilla Apache Reservation relies on one of 
the most unsafe municipal water systems in the country. While the 
system is a federally owned entity, the Environmental Protection Agency 
has nevertheless found the system to be in violation of national safe 
drinking water standards for several years running--and, since 1995, 
the water system has continually failed to earn renewal of its National 
Pollutant Discharge Elimination permit.
  The sewage lagoons of the Jicarilla water system are now operating 
well over 100 percent capacity--spilling wastewater into the nearby 
arroyo that feeds directly into the Navajo River. Since this river 
serves as a primary source of groundwater for the region, the resulting 
pollution of the stream not only affects the Reservation but also 
travels downstream--creating public health hazards for families and 
communities both within and well beyond the Reservation's borders. 
Alarmingly, Jicarilla youth are now experiencing higher than normal 
incidences of internal organ diseases affecting the liver, kidneys and 
stomach--ailments suspected to be related to the contaminated water.
  Moreover, because of the lack of sufficient water resources, the 
Jicarilla Tribe is not only facing considerable public health concerns, 
but it has also necessarily had to put a brake on other important 
community improvement efforts, including the construction of much 
needed housing and the replacement of deteriorating public schools. For 
all of these reasons, the Tribal Council has declared a state of 
emergency for the Reservation and has already appropriated over $4.5 
million of its own funds to begin the process of rehabilitating the 
water system.
  Following a disastrous 6-day water outage last October, the Jicarilla 
investigated and discovered the full extent of the deplorable condition 
of the water system. Acting immediately to address the problem, the 
tribe promptly contacted the Bureau of Indian Affairs, the Indian 
Health Service, the Environmental Protection Agency and other entities 
for help in relieving their situation. Yet, due to budget constraints 
and other impediments, these agencies were unable to provide financial 
assistance or take any other substantial action to address the problem. 
In particular, the Bureau of Indian Affairs, having found itself to be 
poorly suited for the operation and maintenance of tribal water 
systems, has discontinued its policy of operating its own tribal water 
systems in favor of transferring ownership directly to the tribes. 
Unfortunately, however, the dangerous condition of the Jicarilla water 
system precludes its transfer to the tribe until it has been 
rehabilitated.
  Fortunately, the Bureau of Reclamation is appropriately suited to 
assist the Jicarilla Apache and the BIA in assessing the feasibility of 
rehabilitating the tribe's water system. In consultation with the 
Jicarilla Tribe, the Bureau of Reclamation has indicated both its 
willingness and its ability to complete the feasibility study should it 
be authorized to do so as required by law. Recognizing this as the most 
promising solution for addressing the serious water safety problems 
plaguing the Jicarilla, I and my fellow cosponsors are introducing this 
important bill to allow this process to move forward. I hope the rest 
of our colleagues will similarly join us in passing this bill to remedy 
this distressing situation.

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