[Congressional Record Volume 146, Number 147 (Monday, December 4, 2000)]
[House]
[Pages H11934-H11936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H11934]]
LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT
ACT OF 2000
Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1761) to direct the Secretary of the Interior, through
the Bureau of Reclamation, to conserve and enhance the water supplies
of the Lower Rio Grande Valley, as amended.
The Clerk read as follows:
S. 1761
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Rio Grande Valley
Water Resources Conservation and Improvement Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner.
(3) State.--The term ``State'' means the Texas Water
Development Board and any other authorized entity of the
State of Texas.
(4) Program area.--The term ``program area'' means--
(A) the counties in the State of Texas in the Rio Grande
Regional Water Planning Area known as Region ``M'' as
designated by the Texas Water Development Board; and
(B) the counties of Hudspeth and El Paso, Texas.
SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT
PROGRAM.
(a) In General.--The Secretary, acting pursuant to the
Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388)
and Acts amendatory thereof and supplementary thereto, shall
undertake a program in cooperation with the State, water
users in the program area, and other non-Federal entities, to
investigate and identify opportunities to improve the supply
of water for the program area as provided in this Act. The
program shall include the review of studies or planning
reports (or both) prepared by any competent engineering
entity for projects designed to conserve and transport raw
water in the program area. As part of the program, the
Secretary shall evaluate alternatives in the program area
that could be used to improve water supplies, including the
following:
(1) Lining irrigation canals.
(2) Increasing the use of pipelines, flow control
structures, meters, and associated appurtenances of water
supply facilities.
(b) Program Development.--Within 6 months after the date of
enactment of this Act, the Secretary, in consultation with
the State, shall develop and publish criteria to determine
which projects would qualify and have the highest priority
for financing under this Act. Such criteria shall address, at
a minimum--
(1) how the project relates to the near- and long-term
water demands and supplies in the study area, including how
the project would affect the need for development of new or
expanded water supplies;
(2) the relative amount of water (acre feet) to be
conserved pursuant to the project;
(3) whether the project would provide operational
efficiency improvements or achieve water, energy, or economic
savings (or any combination of the foregoing) at a rate of
acre feet of water or kilowatt energy saved per dollar
expended on the construction of the project; and
(4) if the project proponents have met the requirements
specified in subsection (c).
(c) Project Requirements.--A project sponsor seeking
Federal funding under this program shall--
(1) provide a report, prepared by the Bureau of Reclamation
or prepared by any competent engineering entity and reviewed
by the Bureau of Reclamation, that includes, among other
matters--
(A) the total estimated project cost;
(B) an analysis showing how the project would reduce,
postpone, or eliminate development of new or expanded water
supplies;
(C) a description of conservation measures to be taken
pursuant to the project plans;
(D) the near- and long-term water demands and supplies in
the study area; and
(E) engineering plans and designs that demonstrate that the
project would provide operational efficiency improvements or
achieve water, energy, or economic savings (or any
combination of the foregoing) at a rate of acre feet of water
or kilowatt energy saved per dollar expended on the
construction of the project;
(2) provide a project plan, including a general map showing
the location of the proposed physical features, conceptual
engineering drawings of structures, and general standards for
design; and
(3) sign a cost-sharing agreement with the Secretary that
commits the non-Federal project sponsor to funding its
proportionate share of the project's construction costs on an
annual basis.
(d) Financial Capability.--Before providing funding for a
project to the non-Federal project sponsor, the Secretary
shall determine that the non-Federal project sponsor is
financially capable of funding the project's non-Federal
share of the project's costs.
(e) Review Period.--Within one year after the date a
project is submitted to the Secretary for approval, the
Secretary, subject to the availability of appropriations,
shall determine whether the project meets the criteria
established pursuant to this section.
(f) Report Preparation; Reimbursement.--Project sponsors
may choose to contract with the Secretary to prepare the
reports required under this section. All costs associated
with the preparation of the reports by the Secretary shall be
50 percent reimbursable by the non-Federal sponsor.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000.
SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.
(a) Project Implementation.--If the Secretary determines
that any of the following projects meet the review criteria
and project requirements, as set forth in section 3, the
Secretary may conduct or participate in funding engineering
work, infrastructure construction, and improvements for the
purpose of conserving and transporting raw water through that
project:
(1) In the Hidalgo County, Texas Irrigation District #1, a
pipeline project identified in the Melden & Hunt, Inc.
engineering study dated July 6, 2000 as the Curry Main
Pipeline Project.
(2) In the Cameron County, Texas La Feria Irrigation
District #3, a distribution system improvement project
identified by the 1993 engineering study by Sigler, Winston,
Greenwood and Associates, Inc.
(3) In the Cameron County, Texas Irrigation District #2
canal rehabilitation and pumping plant replacement as
identified as Job Number 48-05540-002 in a report by Turner
Collie & Braden, Inc. dated August 12, 1998.
(4) In the Harlingen Irrigation District Cameron #1
Irrigation District a project of meter installation and canal
lining as identified in a proposal submitted to the Texas
Water Development Board dated April 28, 2000.
(b) Construction Cost Share.--The non-Federal share of the
costs of any construction carried out under, or with
assistance provided under, this section shall be 50 percent.
Not more than 40 percent of the costs of such an activity may
be paid by the State. The remainder of the non-Federal share
may include in-kind contributions of goods and services, and
funds previously spent on feasibility and engineering
studies.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Gibbons) and the gentleman from California (Mr. George
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
General Leave
Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on S. 1761.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
There was no objection.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 1761 will enable the Bureau of Reclamation to develop
a program to improve the supply of water in the Lower Rio Grande region
of the State of Texas.
This action is needed for two reasons. The first concerns local
weather patterns. There have been several periods in the last 10 years
that rainfall in this area of Texas has been below normal. The second
is that Mexico failed from the period 1992 through 1997 to deliver 1
million acre feet of water to the Rio Grande, which is a principal
source of water for this area.
As of today, that deficit has not been corrected. In addition to
setting up the general program, this legislation also provides
authorization for four specific projects involving the lining of
irrigation canals and substituting pipes for canals. Both will conserve
significant amounts of water.
Mr. Speaker, I urge support for this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I rise in support of S. 1761, a bill that provides for
water conservation and water supply improvements in the Lower Rio
Grande River Basin.
Projects such as canal lining, improvements to pipelines,
installation of water meters will be eligible for financial assistance
under this legislation. As we have seen in all the western States,
projects like these can substantially improve the efficiency of
existing water supplies and may even eliminate the need for additional
new water supply projects.
[[Page H11935]]
Mr. Speaker, I want to congratulate my colleagues, the gentleman from
Texas (Mr. Hinojosa), the gentleman from Texas (Mr. Ortiz), for all
their work and effort on this legislation.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Texas (Mr. Ortiz).
(Mr. ORTIZ asked and was given permission to revise and extend his
remarks.)
Mr. ORTIZ. Mr. Speaker, first of all, I want to thank the gentleman
from Alaska (Mr. Young), my good friend; the gentleman from Nevada (Mr.
Gibbons); the gentleman from California (Mr. Doolittle), chairman of
the Subcommittee on Water and Power; the gentleman from California (Mr.
Dooley), the ranking member; and the gentleman from Alaska (Mr. Young),
chairman of the Committee on Resources, for the help that they have
given us with this bill.
Mr. Speaker, I rise in support of this bill, S. 1761, the Lower Rio
Grande Valley Water Resources Conservation and Improvement Act.
This comprehensive water resources plan will serve the border region
of south Texas, also known as Region M of the Texas State Water Plan.
Texas and many southwestern States live in a near-state of emergency
when it comes to water resources. The Southwest is mostly desert, and
water is hard to come by.
Last July, the Subcommittee on Water and Power held a hearing on this
bill to examine the needs of water for south Texas and how to maximize
the water we now have.
One of the most important things we examined in the hearing on this
bill was the effect of Mexico's water deficit on the water shortage in
south Texas.
The Texas Senate Water Plan depends upon the water we are supposed to
get from Mexico under the 1944 treaty that divides the water from the
Rio Grande between our two nations.
The continuing drought conditions in south Texas and enormous water
deficit that Mexico has incurred under the water treaty are making a
desperate situation much worse and it is making it much worse.
Mr. Speaker, I would like to thank Senator Hutchinson for working
with us, and I urge my good friends to support this bill. It is a good
bipartisan bill.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield such time as he
may consume to the gentleman from Texas (Mr. Hinojosa).
Mr. HINOJOSA. Mr. Speaker, I rise in support of this suspension. As a
sponsor of the original House companion measure, I want to thank our
Texas Senators for their hard work in moving this forward in that
Chamber.
I also want to express appreciation to my colleagues, the gentleman
from Texas (Mr. Ortiz), the gentleman from Texas (Mr. Bonilla), the
gentleman from Texas (Mr. Reyes), the gentleman from Texas (Mr.
Rodriguez), the gentleman from Texas (Mr. Gonzalez), the gentleman from
Texas (Mr. Thornberry), as well as the gentleman from California (Mr.
Dooley), the gentleman from California (Mr. George Miller), for their
diligent efforts that have brought us to where we are today.
Mr. Speaker, I also want to say a special thanks to the gentleman
from Alaska (Mr. Young), chairman of the Committee on Resources, and
the gentleman from California (Mr. Doolittle), chairman of the
Subcommittee on Water and Power. It truly has been a joint effort and a
perfect example of the great work that can be accomplished here in this
body.
In the south Texas/Rio Grande Valley, we are in a state of crisis. My
colleagues may recall that last month on November the 3, The Washington
Post ran a front page story headlined ``Life Along the Rio Grande
Defined by Lack of Water.'' That lack of water, both quality and
quantity, is the crisis we face.
If I may quote from this story: ``Conflicts over access to a clean,
cheap and sufficient supply of water are becoming a defining feature of
life along the 2,100-mile United States-Mexico border, and of relations
across it. While for many outsiders the border is synonymous with drug
trafficking and immigration, when people who live here talk about
confrontation between Mexicans and Americans, or tension between urban
areas and farmers, or cooperation to solve problems, the dominant
subject is always water.''
{time} 1430
There is no question that the key resource challenge of the 21st
century on the border is going to be fresh water. Drought conditions
over the last decade have made citizens of the region keenly aware of
the significant impacts a dwindling water supply can and ultimately
will have if the problem is not recognized and addressed.
Add to this situation the fact that, according to U.S. Census Bureau
statistics, the border cities of Laredo and McAllen, Texas grew faster
in the last decade than any metropolitan region in the United States
except Las Vegas, and you will begin to fully comprehend the impending
magnitude of the problem we face.
That is why last year I introduced legislation to rectify this
problem. Joining me in this effort was the gentleman from Texas (Mr.
Bonilla), the gentleman from Texas (Mr. Reyes), the gentleman from
Texas (Mr. Thornberry), the gentleman from Texas (Mr. Ortiz), and the
gentleman from Texas (Mr. Rodriguez). All of us recognized what needed
to be done.
The suspension before us is a solid step in the right direction, one
that will authorize the undertaking of a problem, rather the
undertaking of a program to investigate, to conduct studies, and
identify opportunities to improve our supply of water.
In closing, I want to say that I am talking more specifically about
looking at alternatives which include lining irrigation canals and
increasing the use of pipelines, flow control structures, meters and
associated appurtenances of water supply facilities.
The Post article, one that I referenced at the beginning of my
remarks, closed by saying ``Without water, you're dead.'' By securing
this Federal funding to help us implement a visionary plan, we are
ensuring that our border region will continue to flourish and prosper.
This is the least we can do, and it is our responsibility to do nothing
less.
Mr. GEORGE MILLER of California. Mr. Speaker, I want to thank, again,
the gentleman from Texas (Mr. Hinojosa) and the gentleman from Texas
(Mr. Ortiz) for all of their work.
I want to thank the gentleman from Alaska (Chairman Young) and the
gentleman from California (Mr. Doolittle), subcommittee chairman, for
their efforts to bring this to the floor. I thank the gentleman from
Nevada (Mr. Gibbons) for managing it today on the floor. I urge passage
of this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank the gentleman from California (Mr.
George Miller) for his leadership on this important bill before the
floor today. I want to ask that all Members give it their full support.
Mr. REYES. Mr. Speaker, I rise in support of S. 1761, the Lower Rio
Grande Valley Water Resources Conservation and Improvement Act of 1999.
I am a cosponsor of the House companion bill. This legislation will
allow for both the Department of the Interior and the Department of
Agriculture to work with state and local governments to make
improvements to irrigation canals and pipelines; to build and install
flow control structures in irrigation canals; and to begin the use of
water meters in irrigation canals. These measures will result in water
savings for the entire Valley region, from El Paso to Brownsville.
The Rio Grande Valley of Texas which stretches from El Paso to
Brownsville serves as the boundary between Mexico and the United
States. It also has served as a major source of water supply for the
region. The area includes the border cities of Cameron, Hidalgo, Starr,
Willacy, Jim Hogg, Zapata, Webb, Maverick, Val Verde, Kinney, Terrell,
Brewster, Presidio, Jeff Davis, Hudspeth, and El Paso. These border
cities are in danger of diminishing their water supplies.
This bill is a stepping stone for these cities and counties to
reinvent their water supply in order to ensure that future generations
that reside in these areas are assured water for the future. Both the
United States and Mexico must work together to implement these
programs. Binational cooperation is the key in facilitating a
successful and effective water conservation program. In addition to
binational cooperation, it is important to assure that tribal concerns,
tribal rights and American Indian sovereignty issues have been
addressed during the implementation of this legislation. Any
[[Page H11936]]
legislation that impacts tribal lands and resources in any way must
include tribal consultation on a government to government basis.
The authors of this bill should be commended for authorizing the
development of an on-farm education program to implement state-of-the-
art water application and conservation techniques. Education is the
first step in facilitating the process to take appropriate steps in
conserving water for future generations. As a result, education
programs will be implemented in collaboration with the International
Boundary and Water Commission.
State, local, and tribal governments recognize the need to preserve
and revitalize their water supplies; however, the federal government
will need to assist these entities. Therefore, this bill authorizes
$65,200,000 for cost sharing. The federal share will be 60 percent.
Non-federal share is suggested to be 40 percent with no more than 30
percent paid by the state with the provision that the remainder of the
non-federal share may include in-kind payment.
Further study is needed to evaluate the water supply for future
generations. The bill authorizes additional study by the Departments of
Interior and Agriculture on alternative water supply options. The study
would include water reuse options and emphasizes conservation. Its
evaluation will be funded by the federal government at 50 percent with
the remainder deriving from non-federal dollars.
The water supply in the border region is in danger of running well
below the amount that can provide for the people residing in these
areas. This is a serious and on-going concern in my District of El
Paso, Texas and other areas along the United States/Mexico border that
needs to be addressed. S. 1761 will help our border communities renew
their water supplies.
Mr. Speaker, once again, I encourage my colleagues to support the
passage of this important legislation.
Mr. GIBBONS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). The question is on the motion
offered by the gentleman from Nevada (Mr. Gibbons) that the House
suspend the rules and pass the Senate bill, S. 1761, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. GIBBONS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________