[Congressional Record Volume 149, Number 174 (Tuesday, November 25, 2003)]
[Senate]
[Pages S15982-S15983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 1957. A bill to authorize the Secretary of the Interior to 
cooperate with the States on the border with Mexico and other 
appropriate entities in conducting a hydrogeologic characterization, 
mapping, and modeling program for priority transboundary aquifers, and 
for other purposes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am pleased to introduce the 
United States-Mexico Transboundary Aquifer Assessment Act.
  This bill is the result of a field hearing I conducted in Las Cruces, 
NM two years ago during my tenure as the Chairman of the Energy and 
Natural Resources Committee. The focus of the hearing was water 
resource issues that were developing along the U.S.-Mexico border--
particularly the area encompassing Las Cruces, El Paso, Texas, and 
Juarez, Mexico.
  There had long existed an ongoing effort to address water quality 
issues and waste-water infrastructure needs in the border region, but I 
was concerned that issues regarding the availability of future water 
supplies were growing. The testimony at that hearing made clear that 
there exists little consensus on how growing communities in the border 
region will address their future water needs. In particular, I was 
struck by the lack of agreement on the long-term viability of future 
groundwater sources, many of which involve aquifers underlying 
communities in both the United States and Mexico. Given the rapid 
population growth along the U.S.-Mexico border and the increasing 
demand for water, there is a strong need to gain a common understanding 
of the limits of our shared groundwater resources. A thorough 
understanding of the resource is the first step to avoiding conflicts 
similar to those that have arisen between the United States and Mexico 
over shared surface waters--e.g. the Rio Grande.
  The United States-Mexico Transboundary Assessment Act is intended to 
address the lack of binational consensus regarding the source and 
availability of future water supplies along the border. It will do this 
by establishing a scientific program, involving entities on both sides 
of the border, to comprehensively assess priority transboundary 
aquifers. The information and scientific tools developed by this 
program will be extremely valuable to State and local water resource 
managers in the border region. This effort is to be led by the United 
States Geological Survey (USGS) working closely with the border states 
and local entities. Over the last several years the USGS has been 
working with key stakeholders in the border region to design this 
technical program.
  I understand that establishing this scientific program and accurately 
assessing our shared water resources is just a step towards developing 
the long-term plans and solutions that will help avoid future 
international disputes concerning scarce water supplies. This small 
step, however, is an important one, and is recognized by a number of 
organizations familiar with the need for cooperative efforts between 
the United States and Mexico on shared water resources. In its 6th 
Report on the U.S.-Mexico Border Environment, the Good Neighbor 
Environmental Board, an independent federal advisory committee managed 
by the U.S. Environmental Protection Agency, recommended the initiation 
of a ``border-wide groundwater assessment program to systematically 
analyze priority trans-boundary aquifers.'' Also, the Center for 
Strategic and International Studies, in a January 2003 report of its 
U.S.-Mexico Binational Council, included as one of its recommendations 
that Mexico and the United States ``improve data collection, 
information gathering, and transparency as the first step to developing 
a long-term strategy for water management.''
  Ultimately, the necessary long-term strategy will have to be 
developed by the communities and other water users who reside along the 
border. Working with each other and their state water resource 
agencies, I believe successful strategies can be developed so long as 
the information that is the basis for the plans is the most accurate 
possible. In that respect, the USGS has a strong and important role to 
play. This bill will ensure that the USGS will be able to fulfill this 
role which, in turn, will enhance the prospects for our border 
communities to plan for their future and manage their growth in a 
manner that ensures their long-term viability and prosperity.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1957

       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 ``United States-Mexico 
     Transboundary Aquifer Assessment Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) rapid population growth in the United States-Mexico 
     border region over the last decade has placed major strains 
     on limited water supplies in the region;
       (2) water quantity and quality issues are likely to be the 
     determining and limiting factors affecting future economic 
     development, population growth, and human health in the 
     border region;
       (3) increasing use of groundwater resources in the border 
     region by municipal and other water users has raised serious 
     questions concerning the long-term availability of the water 
     supply;
       (4) cooperation between the United States and Mexico in 
     assessing and understanding transboundary aquifers is 
     necessary for the successful management of shared groundwater 
     resources by State and local authorities in the United States 
     and appropriate authorities in Mexico, including management 
     that avoids conflict between the United States and Mexico;
       (5) while there have been some studies of binational 
     groundwater resources along the United States-Mexico border, 
     additional data and analyses are needed to develop an 
     accurate understanding of the long-term availability of 
     useable water supplies from transboundary aquifers; and
       (6) the Border States--
       (A) are primarily responsible for the management and 
     allocation of groundwater resources within the respective 
     boundaries of the Border States; and
       (B) should have a cooperative role in the analysis and 
     characterization of transboundary aquifers.
       (b) Purpose.--The purpose of this Act is to direct the 
     Secretary of the Interior to establish a United States-Mexico 
     transboundary aquifer assessment program to--
       (1) systematically assess priority transboundary aquifers; 
     and
       (2) provide the scientific foundation necessary for State 
     and local officials to address pressing water resource 
     challenges in the United States-Mexico border region.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Aquifer.--The term ``aquifer'' means a subsurface 
     water-bearing geologic formation from which significant 
     quantities of water may be extracted.
       (2) Border state.--The term ``Border State'' means each of 
     the States of Arizona, California, New Mexico, and Texas.
       (3) Indian tribe.--The term ``Indian tribe'' means an 
     Indian tribe, band, nation, or other organized group or 
     community--
       (A) that is recognized as eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians; and
       (B) the reservation of which includes a transboundary 
     aquifer within the exterior boundaries of the reservation.
       (4) Priority transboundary aquifer.--The term ``priority 
     transboundary aquifer'' means a transboundary aquifer that 
     has been

[[Page S15983]]

     designated for study and analysis under the program.
       (5) Program.--The term ``program'' means the United States-
     Mexico transboundary aquifer assessment program established 
     under section 4(a).
       (6) Reservation.--The term ``reservation'' means land that 
     has been set aside or that has been acknowledged as having 
     been set aside by the United States for the use of an Indian 
     tribe, the exterior boundaries of which are more particularly 
     defined in a final tribal treaty, agreement, executive order, 
     Federal statute, secretarial order, or judicial 
     determination.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Geological Survey.
       (8) Transboundary aquifer.--The term ``transboundary 
     aquifer'' means an aquifer that underlies the boundary 
     between the United States and Mexico.
       (9) Tri-regional planning group.--The term ``Tri-Regional 
     Planning Group'' means the binational planning group 
     comprised of--
       (A) the Junta Municipal de Aqua y Saneamiento de Ciudad 
     Juarez;
       (B) the El Paso Water Utilities Public Service Board; and
       (C) the Lower Rio Grande Water Users Organization.
       (10) Water resources research institutes.--The term ``water 
     resources research institutes'' means the institutes within 
     the Border States established under section 104 of the Water 
     Resources Research Act of 1984 (42 U.S.C. 10303).

     SEC. 4. ESTABLISHMENT OF PROGRAM.

       (a) In General.--The Secretary, in consultation and 
     cooperation with the Border States, the Water Resources 
     Research Institutes, Sandia National Laboratories, and other 
     appropriate entities in the United States and Mexico, shall 
     carry out the United States-Mexico transboundary aquifer 
     assessment program to characterize, map, and model 
     transboundary groundwater resources along the United States-
     Mexico border at a level of detail determined to be 
     appropriate for the particular aquifer.
       (b) Objectives.--The objectives of the program are to--
       (1) develop and implement an integrated scientific approach 
     to assess transboundary groundwater resources, including--
       (A)(i) identifying fresh and saline transboundary aquifers; 
     and
       (ii) prioritizing the transboundary aquifers for further 
     analysis by assessing--
       (I) the proximity of the transboundary aquifer to areas of 
     high population density;
       (II) the extent to which the transboundary aquifer is used; 
     and
       (III) the susceptibility of the transboundary aquifer to 
     contamination;
       (B) evaluating all available data and publications as part 
     of the development of study plans for each priority 
     transboundary aquifer;
       (C) creating a geographic information system database to 
     characterize the spatial and temporal aspects of each 
     priority transboundary aquifer; and
       (D) using field studies, including support for and 
     expansion of ongoing monitoring and metering efforts, to 
     develop any additional data that are needed to define aquifer 
     characteristics to the extent necessary to enable the 
     development of groundwater flow models to assess sustainable 
     water yields for each priority transboundary aquifer;
       (2) expand existing agreements, as appropriate, between the 
     United States Geological Survey, the Border States, the Water 
     Resources Research Institutes, and appropriate authorities in 
     the United States and Mexico, to--
       (A) conduct joint scientific investigations;
       (B) archive and share relevant data; and
       (C) carry out any other activities consistent with the 
     program; and
       (3) produce scientific products for each priority 
     transboundary aquifer to provide the scientific information 
     needed by water managers and natural resource agencies on 
     both sides of the United States-Mexico border to effectively 
     accomplish the missions of the managers and agencies.
       (c) Designation of Certain Aquifers.--For purposes of the 
     program, the Secretary shall designate the Hueco Bolson and 
     Mesilla aquifers underlying parts of Texas, New Mexico, and 
     Mexico as priority transboundary aquifers.
       (d) Cooperation With Mexico.--To ensure a comprehensive 
     assessment of transboundary aquifers, the Secretary shall, to 
     the maximum extent practicable, work with appropriate Federal 
     agencies and other organizations to develop partnerships 
     with, and receive input from, relevant organizations in 
     Mexico to carry out the program.
       (e) Grants and Cooperative Agreements.--The Secretary may 
     provide grants or enter into cooperative agreements and other 
     agreements with the Water Resource Research Institutes and 
     other Border State entities to carry out the program.

     SEC. 5. STATE AND TRIBAL ROLE.

       (a) Coordination.--The Secretary shall coordinate the 
     activities carried out under the program with--
       (1) the appropriate water resource agencies in the Border 
     States; and
       (2) any affected Indian tribes.
       (b) New Activity.--After the date of enactment of this Act, 
     the Secretary shall not initiate any field studies to develop 
     data or develop any groundwater flow models for a priority 
     transboundary aquifer under the program before consulting 
     with, and coordinating the activity with, the Border State 
     water resource agency that has jurisdiction over the aquifer.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this Act $50,000,000 for the period of fiscal years 
     2005 through 2014.
       (b) Distribution of Funds.--Of the amounts made available 
     under subsection (a), 50 percent shall be made available to 
     the Water Resource Research Institutes to provide funding to 
     appropriate entities in the Border States (including Sandia 
     National Laboratories, State agencies, universities, the Tri-
     Regional Planning Group, and other relevant organizations) 
     and Mexico to conduct activities under the program, including 
     the binational collection and exchange of scientific data.

     SEC. 7. REPORTS.

       Not later than 5 years after the date of enactment of this 
     Act, and on completion of the program in fiscal year 2014, 
     the Secretary shall submit to the appropriate water resource 
     agency in the Border States, an interim and final report, 
     respectively, that describes--
       (1) any activities carried out under the program;
       (2) any conclusions of the Secretary relating to the status 
     of transboundary aquifers; and
       (3) the level of participation in the program of entities 
     in Mexico.
                                 ______