[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9354-S9356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CHIMAYO WATER SUPPLY SYSTEM AND ESPANOLA FILTRATION FACILITY ACT OF 
                                  2004

  The Senate proceeded to consider the bill (S. 2511) 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, 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. 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;
       [(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--
       [(A) long-term operation, maintenance, replacement, and 
     treatment costs of the system; and

[[Page S9355]]

       [(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.]

     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.
       (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;
       (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--
       (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, but not 
     later than 3 years after the date of 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) Coordination.--The Secretary shall coordinate 
     activities of the Bureau of Reclamation, the Bureau of Land 
     Management, and the United States Geological Survey in the 
     furtherance of the study, including--
       (1) accessing any Bureau of Land Management land adjacent 
     to the study area that is necessary to carry out this 
     section; and
       (2) the drilling of 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 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 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 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,

[[Page S9356]]

     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 
     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.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2511), as amended, was read the third time and passed.

                          ____________________