[Congressional Record Volume 152, Number 43 (Thursday, April 6, 2006)]
[Senate]
[Pages S3218-S3219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 2561. A bill to authorize the Secretary of the Interior to make 
available cost-shared grants and enter into cooperative agreements to 
further the goals of the Water 2025 Program by improving water 
conservation, efficiency, and management in the Reclamation States, and 
for other purposes; to the Committee on Energy and Natural Resources.
  Mr. DOMENICI. Mr. President, an excerpt from John Steinbeck's classic 
The Grapes of Wrath recounting the conditions preceding the great Dust 
Bowl is eerily similar to the conditions currently faced by the 
Southwestern United States. ``The sky grew pale and the clouds that had 
hung in high puffs for so long in the spring were dissipated. The sun 
flared down on the growing corn each day until a line of brown spread 
along the edge of each green bayonet. The clouds appeared, and went 
away, and in a while they did not try any more. The weeds grew darker 
green to protect themselves, and they did not spread any more. The 
surface of the earth crusted, a thin hard crust, and as the sky became 
pale, so the earth became pale, pink in the red country and white in 
the gray country . . . Every moving thing lifted the dust into the air. 
. . . The dust was long in settling back again.''
  As of April 5, 2006, statistics provided by the Natural Resources 
Conservation Service (NRCS) of the United States Department of 
Agriculture indicate that my home State of New Mexico is facing one of 
the worst droughts in the past 100 years. Historic snow pack data 
indicates the 2005-2006 snow season is the worst in more than 50 years. 
Several river basins in New Mexico, including the Rio Hondo and Mimbres 
river basins currently have no snow pack. This fact is particularly 
troubling when one considers that we rely on spring run-off for our 
surface water. Moreover, lack of snow pack indicates that our 
reservoirs, already depleted after years of drought, will remain at 
alarmingly low levels. According to the NRCS, ``Record low snow packs 
in several of the major basins have water managers scratching their 
heads, wondering how best to manage the water resource, with no real 
hopes of realizing any significant runoff to refill the reservoirs.'' 
These facts, taken together, are particularly ominous.
  Unseasonably warm temperatures in New Mexico have resulted in the 
start of the runoff season in early March, something that usually 
starts in middle to late April. The early beginning of the run-off 
season will be particularly damaging to the agriculture industry which 
relies on spring run-off for irrigation during the early growing 
season. The lack of precipitation will also be devastating to our 
ranchers and dairymen. Because drought has hindered local production of 
hay, it has to be hauled from great distances. As a result, hay is 
approximately twice as expensive as usual, placing a great economic 
strain on the ranching and dairy industries. I fully anticipate that 
the drought will interrupt municipal water service. Although early in 
the year, the Village of Ruidoso, New Mexico has contacted my office 
seeking emergency Federal assistance to address looming water 
shortages. In addition, numerous New Mexico communities are under 
severe water restrictions.
  The current drought illustrates how perilously close we are coming to 
having serious and widespread water shortages and the need to make more 
efficient use of the water we do have. The competing demands of 
agriculture, industry, municipalities and environmental needs have 
placed an enormous strain on available supplies of water. This is 
particularly true with respect to our interstate rivers that are 
governed by compacts. These interstate agreements require that a 
certain amount of water be delivered to downstream States. Meanwhile, 
enormous amounts of water are lost because of antiquated water 
infrastructure. In many instances, relatively cheap water 
infrastructure upgrades can minimize water losses. For example, by 
lining dirt canals, large amount of water can be saved that otherwise 
would have been lost to seepage. For the past 3 years, Congress has 
made available efficiency and conservation grants through the 
Administration's Water 2025 program. The goal of this program is to 
make more water available in water-short river systems through 
infrastructure conservation and efficiency upgrades. The bill I 
introduce today would authorize the Water 2025 program. While not a 
panacea to our water woes, I believe that this legislation will help us 
maximize the water available to us during times of drought.
  I would like to thank Representative Heather Wilson, our 
Congresswoman from the First Congressional District of New Mexico for 
introducing the House companion to this measure. She fully appreciates 
the breadth of this problem and I look forward to working with her on 
this critically important issue.
  Ensuring adequate water supplies for the Southwestern United States 
is as important a matter as any I can contemplate. As Chairman of the 
Energy and Natural Resources Committee, which has jurisdiction over 
this legislation, I assure it will receive prompt Committee 
consideration.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2561

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S3219]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bureau of Reclamation Water 
     Conservation, Efficiency, and Management Improvement Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Non-federal entity.--The term ``non-Federal entity'' 
     means a State, Indian tribe, irrigation district, water 
     district, or any other organization with water delivery 
     authority.
       (2) Reclamation state.--The term ``Reclamation State'' 
     means each of the States of Arizona, California, Colorado, 
     Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North 
     Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, 
     Washington, and Wyoming.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.

     SEC. 3. AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS.

       (a) In General.--The Secretary may, in accordance with the 
     criteria published under subsection (b), provide grants to, 
     and enter into cooperative agreements with non-Federal 
     entities to pay the Federal share of the cost of a project to 
     plan, design, construct, or otherwise implement improvements 
     to conserve water, increase water use efficiency, facilitate 
     water markets, enhance water management, or implement other 
     actions to prevent water-related crises or conflicts in 
     watersheds that have a nexus to Federal water projects within 
     the Reclamation States.
       (b) Eligibility Criteria.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall, consistent with 
     this Act, publish in the Federal Register criteria developed 
     by the Secretary for--
       (A) determining the eligibility of a non-Federal entity for 
     assistance under subsection (a); and
       (B) prioritizing requests for assistance under subsection 
     (a).
       (2) Factors.--The criteria developed under paragraph (1) 
     shall take into account such factors as--
       (A) the extent to which a project under subsection (a) 
     would reduce conflict over water;
       (B) the extent to which a project under subsection (a) 
     would--
       (i) increase water use efficiency; or
       (ii) enhance water management;
       (C) the extent to which unallocated water is available in 
     the area in which a project under subsection (a) is proposed 
     to be conducted;
       (D) the extent to which a project under subsection (a) 
     involves water marketing;
       (E) the likelihood that the benefit of a project under 
     subsection (a) would be attained;
       (F) whether the non-Federal entity has demonstrated the 
     ability of the non-Federal entity to pay the non-Federal 
     share;
       (G) the extent to which the assistance provided under 
     subsection (a) is reasonable for the work proposed under the 
     project;
       (H) the involvement of the non-Federal entity and 
     stakeholders in a project under subsection (a);
       (I) whether a project under subsection (a) is related to a 
     Bureau of Reclamation project or facility; and
       (J) the extent to which a project under subsection (a) 
     would conserve water.
       (c) Federal Facilities.--If a grant or cooperative 
     agreement under subsection (a) provides for improvements to a 
     Federal facility--
       (1) the Federal funds provided under the grant or 
     cooperative agreement may be--
       (A) provided on a nonreimbursable basis to an entity 
     operating affected transferred works; or
       (B) determined to be nonreimbursable for non-transferred 
     works; and
       (2) title to the improvements to the Federal facility shall 
     be held by the United States.
       (d) Cost-Sharing Requirement.--
       (1) Federal share.--The Federal share of the cost of 
     carrying out a project assisted under subsection (a) shall be 
     not more than 50 percent.
       (2) Non-federal share.--In calculating the non-Federal 
     share of the cost of carrying out a project under subsection 
     (a), the Secretary--
       (A) may include any in-kind contributions that the 
     Secretary determines would materially contribute to the 
     completion of proposed project; and
       (B) shall exclude any funds received from other Federal 
     agencies.
       (e) Operation and Maintenance Costs.--The non-Federal share 
     of the cost of operating and maintaining improvements 
     assisted under subsection (a) shall be 100 percent.
       (f) Mutual Benefit.--Grants or cooperative agreements made 
     under this section or section 4 may be for the mutual benefit 
     of the United States and the entity that is provided the 
     grant or enters into the cooperative agreement.
       (g) Liability.--
       (1) In general.--Except as provided in paragraph (2), the 
     United States shall not be liable under Federal or State law 
     for monetary damages of any kind arising out of any act, 
     omission, or occurrence relating to any non-Federal facility 
     constructed or improved under this Act.
       (2) Exception.--Notwithstanding paragraph (1), the United 
     States may be held liable for damages to non-Federal 
     facilities caused by acts of negligence committed by the 
     United States or by an employee or agent of the United 
     States.
       (3) No additional liability.--Nothing in this section 
     increases the liability of the United States beyond that 
     provided in chapter 171 of title 28, United States Code 
     (commonly known as the ``Federal Torts Claim Act'').

     SEC. 4. RESEARCH AGREEMENTS.

       The Secretary may enter into cooperative agreements with 
     institutions of higher education, nonprofit research 
     institutions, or organizations with water or power delivery 
     authority to fund research to conserve water, increase water 
     use efficiency, or enhance water management under such terms 
     and conditions as the Secretary determines to be appropriate.

     SEC. 5. EFFECT.

       Nothing in this Act--
       (1) affects any existing project-specific funding 
     authority; or
       (2) invalidates, preempts, or creates any exception to 
     State water law, State water rights, or any interstate 
     compact governing water.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $25,000,000 for each of fiscal years 2007 through 2016.
                                 ______