[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9340-S9342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       UNITED STATES-MEXICO TRANSBOUNDARY AQUIFER ASSESSMENT ACT

  The Senate proceeded to consider the bill (S. 1957) 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, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                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 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

[[Page S9341]]

     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.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States-Mexico 
     Transboundary Aquifer Assessment Act''.

     SEC. 2. 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 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;
       (III) the susceptibility of the transboundary aquifer to 
     contamination; and
       (IV) any other relevant criteria;
       (B) evaluating all available data and publications as part 
     of the development of study plans for each priority 
     transboundary aquifer;
       (C) creating a new, or enhancing an existing, 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--
       (i) the additional data necessary to adequately define 
     aquifer characteristics; and
       (ii) scientifically sound groundwater flow models to assist 
     with State and local water management and administration, 
     including modeling of relevant groundwater and surface water 
     interactions;
       (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 that--
       (A) are capable of being broadly distributed; and
       (B) 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 Priority Transboundary Aquifers.--
       (1) In general.--For purposes of the program, the Secretary 
     shall designate as priority transboundary aquifers--
       (A) the Hueco Bolson and Mesilla aquifers underlying parts 
     of Texas, New Mexico, and Mexico; and
       (B) the Santa Cruz River Valley aquifers underlying Arizona 
     and Sonora, Mexico.
       (2) Additional aquifers.--The Secretary shall, using the 
     criteria under subsection (b)(1)(A)(ii), evaluate and 
     designate additional 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 resources research institutes and 
     other Border State entities to carry out the program.

     SEC. 5. IMPLEMENTATION OF PROGRAM.

       (a) Coordination With States, Tribes, and Other Entities.--
     The Secretary shall coordinate the activities carried out 
     under the program with--
       (1) the appropriate water resource agencies in the Border 
     States;
       (2) any affected Indian tribes; and
       (3) any other appropriate entities that are conducting 
     monitoring and metering activity with respect to a priority 
     transboundary aquifer.
       (b) New Activity.--After the date of enactment of this Act, 
     the Secretary shall not initiate any new field studies or 
     analyses under the program before consulting with, and 
     coordinating the activity with, any Border State water 
     resource agencies that have jurisdiction over the aquifer.
       (c) Study Plans; Cost Estimates.--
       (1) In general.--The Secretary shall work closely with 
     appropriate Border State water resource agencies, water 
     resources research institutes, and other relevant entities to 
     develop a study plan, timeline, and cost estimate for each 
     priority transboundary aquifer to be studied under the 
     program.
       (2) Requirements.--A study plan developed under paragraph 
     (1) shall, to the maximum extent practicable--
       (A) integrate existing data collection and analyses 
     conducted with respect to the priority transboundary aquifer;
       (B) if applicable, improve and strengthen existing 
     groundwater flow models developed for the priority 
     transboundary aquifer; and
       (C) be consistent with appropriate State guidelines and 
     goals.

     SEC. 6. EFFECT.

       Nothing in this Act affects--
       (1) the jurisdiction or responsibility of a Border State 
     with respect to managing surface or groundwater resources in 
     the Border State; or
       (2) the water rights of any person or entity using water 
     from a transboundary aquifer.

     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

[[Page S9342]]

     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.

     SEC. 8. 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 resources 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.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1957), as amended, was read the third time and passed.

                          ____________________