[Congressional Record Volume 150, Number 79 (Tuesday, June 8, 2004)]
[Senate]
[Pages S6630-S6631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 2511. A bill to direct the Secretary of the Interior to conduct a 
feasibility study of a Chimayo water supply system, to provide for the 
planning, design, and construction of a water supply, reclamation, and 
filtration facility for Espanola, New Mexico, and for other purposes; 
to the Committee on Energy and Natural Resources.
  Mr DOMENICI. Mr. President, my home State of New Mexico is currently 
facing the greatest threat to its prosperity that I have witnessed 
during my 31-year tenures as a United States Senator. The threat is one 
that we all too often take for granted: the availability of water.
  I rise today to introduce a bill that would address New Mexico's most 
urgent water needs.
  The water problems facing New Mexico are twofold. The State faces 
both water supply shortages and the contamination of the scarce water 
resources it does have. This has resulted in inadequate water supplies 
to meet our State's needs, causing great hardship to New Mexico 
communities.
  New Mexico faces significant contamination of both surface and 
subsurface water stores. Nowhere is this more evident than in the 
centuries-old community of Chimayo. The 3,000 citizens of this 
unincorporated community rely on individual wells for their potable 
water and rely on largely deteriorated septic systems to dispose of 
waste water. Hydrologists have determined that, because of absence or 
deterioration of sewer and water infrastructure in the basin, an 
alarming 75 percent of well samples taken had significant contamination 
of both total coli form and fecal coli form. Their individual wells are 
further tainted by high levels of total dissolved solids. Because of 
the unreliability of the well water, many residents use water from 
irrigation ditches for drinking. This water, too, was found to have 
high levels of fecal coli form contamination.
  The water contamination in Chimayo is so desperate that in 2001, 
then-Governor Gary Johnson declared the region an emergency area and 
had the National Guard bring in tanker trucks to provide potable water 
to the area every other day. Chimayo is still in ``emergency status'' 
and the tanker trucks still provide the only potable water to many of 
the citizens. This state of affairs is clearly unacceptable in the most 
technologically advanced and wealthy country on earth.
  The bill I introduce today would provide emergency water treatment 
assistance to Chimayo so that its communities' citizens no longer have 
to rely on water tankers for their water. In addition, it would direct 
the Interior Secretary to perform an assessment of water resources in 
the area and to help the city of Chimayo to make good decisions about a 
regional water system.
  Ever decreasing water supplies in Espanola, New Mexico have also 
reached critical levels and require immediate action.
  The city of Espanola's current water system produced approximately 
1,000 gallons per minute less than is needed to provide for its current 
population. This production shortfall has resulted in insufficient 
water pressure throughout the city. The chronic lack of pressure is 
prevalent especially in the portion of the city where the Espanola 
Hospital is located. The city has twice declared a state of emergency 
due to lack of adequate water and water pressure. As a result, the city 
has called on the National Guard to supply water to the hospital.

  Further exacerbating the problem, the city has been unable to make 
good use of its water resources. Although it has been allocated 1,000 
acre feet per annum of San-Juan Chama Project water by the Bureau of 
Reclamation, the city is unable to divert this water due to inadequate 
water infrastructure. Instead of making use of its available San Juan 
Chama water, the city has been depleting its limited groundwater, a 
resource which the city needs to save for years of reduced surface 
flows.
  I commend the efforts of Espanola to secure funding for 
infrastructure necessary to make use of its San-Juan Chama Project 
water. To date, the city has secured funding for a necessary diversion 
project and has identified a site for the project. It has also raised 
from State, local and Federal sources nearly all the money required to 
build a water filtration facility to treat its San Juan Chama Project 
water.
  The bill I introduce today would provide the sum of $3 million at a 
25 percent Federal cost share to complete this critically necessary 
project.
  These are two problems are representative of many we have just begun 
to address. There are no easy answers or solutions to the western 
state's water woes. New Mexico and much of the Western United States 
will face these and other problems for years to come. However, 
preserving the livelihood of my home state requires that we address 
these issues instantly and vigorously. I hope the Senate will give this 
bill its every consideration.
  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. 2511

       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 ``Chimayo Water Supply System 
     and Espanola Filtration Facility Act of 2004''.

                  TITLE I--CHIMAYO WATER SUPPLY SYSTEM

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (2) Study area.--The term ``study area'' means the Santa 
     Cruz River Valley in the eastern margin of the Espanola 
     Basin.
       (3) System.--The term ``system'' means a water supply 
     system described in section 102(a).
       (4) Town.--The term ``Town'' means the town of Chimayo, New 
     Mexico, located in Rio Arriba County and Santa Fe County, New 
     Mexico.

     SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY STUDY.

       (a) In General.--The Secretary, in cooperation with 
     appropriate State and local authorities, shall conduct a 
     study to determine the feasibility of constructing a water 
     supply system for the Town in the study area that includes 
     potable water transmission lines, pump stations, and storage 
     reservoirs.
       (b) Scope of Study.--In conducting the study under 
     subsection (a), the Secretary shall--
       (1) consider operating the system in connection with the 
     Espanola Water Filtration Facility; and
       (2) consider various options for supplying water to the 
     Town, including connection to a regional water source, local 
     sources, sources distributed throughout the Town, and sources 
     located on adjacent Bureau of Land Management land;
       (3) consider reusing or recycling water from local or 
     regional sources;
       (4) consider using alternative water supplies such as 
     surface water, brackish water, nonpotable water, or deep 
     aquifer groundwater; and
       (5) determine the total lifecycle costs of the system, 
     including--

[[Page S6631]]

       (A) long-term operation, maintenance, replacement, and 
     treatment costs of the system; and
       (B) management costs (including personnel costs).
       (c) Deadline for Study.--As soon as practicable after the 
     date of enactment of this Act, but not later than 3 years 
     after the date of the enactment of this Act, the Secretary 
     shall complete the study.
       (d) Cost Sharing.--The Federal share of the cost of the 
     study shall be 75 percent.
       (e) Easements; Drilling.--
       (1) Easements.--The Secretary may reserve any easements on 
     Bureau of Land Management land adjacent to the study area 
     that are necessary to carry out this section.
       (2) Drilling.--The Secretary, in cooperation with the 
     Director of the United States Geological Survey, may drill 
     any exploratory wells on Bureau of Land Management land 
     adjacent to the study area that are necessary to determine 
     water resources available for the Town.
       (f) Report.--The Secretary shall submit to Congress a 
     report on the results of the feasibility study as soon as 
     practicable after the date of enactment of this Act, but not 
     later than the earlier of--
       (1) the date that is 1 year after the date of completion of 
     the feasibility study; or
       (2) the date that is 4 years after the date of enactment of 
     this Act.

     SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT ASSISTANCE.

       (a) In General.--The Secretary may enter into contracts 
     with water authorities in the study area to provide emergency 
     water supply development assistance to any eligible person or 
     entity, as the Secretary determines to be appropriate.
       (b) Eligible Activities.--The Secretary may provide 
     assistance under subsection (a) for--
       (1) hauling water;
       (2) the installation of water purification technology at 
     the community wells or individual point-of-use;
       (3) the drilling of wells;
       (4) the installation of pump stations and storage 
     reservoirs;
       (5) the installation of transmission and distribution 
     pipelines to bring water to individual residential service 
     connections;
       (6) the engineering, design, and installation of an 
     emergency water supply system; and
       (7) any other eligible activity, as the Secretary 
     determines to be appropriate.
       (c) Cost Sharing.--The Federal share of the cost of any 
     activity assisted under this section shall be 75 percent.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated--
       (1) to carry out section 102, $2,000,000 for the period of 
     fiscal years 2005 through 2008; and
       (2) to carry out section 103, $3,000,000 for the period of 
     fiscal years 2005 through 2010.
       (b) Limitation.--Amounts made available under subsection 
     (a)(1) shall not be available for the construction of water 
     infrastructure for the system.

              TITLE II--ESPANOLA WATER FILTRATION FACILITY

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Component.--The term ``component'' means a water 
     delivery resource or infrastructure development described in 
     section 202(b).
       (2) Facility.--The term ``facility'' means the Espanola 
     water filtration facility described in section 202(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.

     SEC. 202. ESPANOLA WATER FILTRATION FACILITY.

       (a) In General.--The Secretary shall provide financial 
     assistance to the city of Espanola, New Mexico, for the 
     construction of an Espanola water filtration facility 
     consisting of projects--
       (1) to divert and fully use imported water to meet future 
     demands in the greater Espanola, New Mexico region, including 
     construction of--
       (A) presedimentation basins for removal of sediments;
       (B) an influent pump station to supply water into treatment 
     facilities;
       (C) a pretreatment facility;
       (D) filtration facilities;
       (E) finished water storage facilities;
       (F) a finished water booster pump station;
       (G) sludge dewatering facilities; and
       (H) potable water transmission lines to connect into the 
     water distribution facilities of the city of Espanola, New 
     Mexico; and
       (2) to use reclaimed water to enhance groundwater resources 
     and surface water supplies.
       (b) Participation.--The Secretary may provide financial 
     assistance to the Santa Clara and San Juan Pueblos of New 
     Mexico and the non-Federal sponsors of the facility for the 
     study, planning, design, and construction of a water delivery 
     resource and infrastructure development for the Santa Clara 
     and San Juan Pueblos as a component of the facility.
       (c) Cost Sharing.--The Federal share of the total cost of 
     the facility and the component shall not exceed 25 percent.
       (d) Limitation on Use of Funds.--Funds provided by the 
     Secretary may not be used for the operation or maintenance of 
     the facility or the component.

     SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the construction 
     of the facility $3,000,000 for the period of fiscal years 
     2005 through 2009.
                                 ______