[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10690-S10691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 4008. A bill to authorize the Secretary of the Interior to provide 
financial assistance to the Eastern New Mexico Rural Water Authority 
for the planning, design, and construction of the Eastern New Mexico 
Rural Water System, and for other purposes; to the Committee on Energy 
and Natural Resources.
  Mr. DOMENICI. Mr. President. I would like to bring to the attention 
of the Senate a problem faced by communities in eastern New Mexico 
illustrative of a greater problem that will ultimately be encountered 
by all who depend on the Ogallala Aquifer for their water. This 
includes communities in New Mexico, Texas, Oklahoma, Kansas, Colorado, 
Nebraska, Wyoming and South Dakota. At one time, the Aquifer contained 
roughly the same amount of water as Lake Huron. After 65 years of 
mining, we are now faced with the reality that the water contained in 
the Ogallala Aquifer has been significantly depleted and continues to 
be drawn down at an alarming rate.
  Many on the periphery of the Aquifer, including much of eastern New 
Mexico, parts of Kansas and Oklahoma have been forced to drill new 
wells in order to supplement existing wells that are producing water at 
a fraction of the volume of several decades ago. This problem is not 
limited to those communities overlying the Ogallala. Many other regions 
entirely reliant on groundwater face a similar problem. As is the case 
with the communities in eastern New Mexico, when the wells run dry, the 
only alternative for many is to ship water from long distances. In many 
instances, this is a very expensive proposition that exceeds the 
capacity of rural communities' ability to pay.
  In order to address the want of a sustainable water supply in eastern 
New Mexico, I introduce today the Eastern New Mexico Rural Water System 
Act of 2006. The bill would authorize the United States Bureau of 
Reclamation to provide financial assistance to the Eastern New Mexico 
Rural Water Authority, at a 75 percent Federal cost-share, to construct 
a pipeline from Ute Reservoir to communities in eastern New Mexico. 
This project would provide them with a renewable source of water for 
years to come. Presently, it is unclear how many years the groundwater 
resources on which they rely will be available.
  The communities which make up the Eastern New Mexico Rural Water 
Authority are due a great deal of credit for initiating engineering 
studies, project financing studies, and seeking support for the project 
from local, Federal and State governments. However, it would be 
misleading to suggest that securing appropriations for this or similar 
pipelines would be easy or that the funds will be available any time 
soon. The current budget of the United States Bureau of Reclamation 
simply cannot accommodate the large sums of money that this or other 
water supply projects would require. As Chairman of the Energy and 
Water Development Appropriations Subcommittee, I am acutely aware of 
this fact and I have made this clear to the communities that would 
benefit from the pipeline authorized by the bill that I introduce 
today. However, I remain committed to advocate for the need to dedicate 
substantially more of the national budget to this and other western 
water issues with Congress and the Administration. In the interim, it 
is my hope that we can begin the long and difficult process of moving 
this bill through the Federal legislature. The members of the Eastern 
New Mexico Rural Water Authority fully appreciate the difficulties that 
lie ahead.
  The problem faced by eastern New Mexico communities will become 
commonplace as groundwater supplies are exhausted. Approximately half 
of the population of the United States depends on aquifers for their 
domestic water needs. In the coming years, the United States Congress 
will have to provide succor to similar communities who have no 
alternative than to seek assistance from the Federal Government. 
Commensurate with this need for assistance, Congress will also have to 
make budgetary decisions that take into account this widespread 
problem. We would be remiss in our duties to let these communities 
simply dryup.
  I thank Senator Bingaman, my friend and colleague for the past 23 
years and ranking member of the Energy and Natural Resources Committee 
for co-sponsoring this legislation.
  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. 4008

       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 ``Eastern New Mexico Rural 
     Water System Act of 2006''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Authority.--The term ``Authority'' means the Eastern 
     New Mexico Rural Water Authority, an entity formed under 
     State law for the purposes of planning, financing, 
     developing, and operating the System.
       (2) Plan.--The term ``plan'' means the operation, 
     maintenance, and replacement plan required by section 4(b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of New 
     Mexico.
       (5) System.--
       (A) In general.--The term ``System'' means the Eastern New 
     Mexico Rural Water System, a water delivery project designed 
     to deliver approximately 16,500 acre-feet of water per year 
     from the Ute Reservoir to the cities of Clovis, Elida, Grady, 
     Melrose, Portales, and Texico and other locations in Curry 
     and Roosevelt Counties in the State.
       (B) Inclusions.--The term ``System'' includes--

[[Page S10691]]

       (i) the intake structure at Ute Reservoir;
       (ii) a water treatment, administration, and maintenance 
     facility with--

       (I) a 30,000,000 gallon per day average peak capacity; and
       (II) a 15,000,000 gallon per day average capacity;

       (iii) approximately 155 miles of transmission and lateral 
     pipelines and tunnels that range in size from 4 to 60 inches 
     in diameter;
       (iv) 3 pumping stations, including--

       (I) a raw water pump station at Ute Reservoir;
       (II) a booster pump station at the ``Caprock'' escarpment; 
     and
       (III) a booster pump station to Elida; and

       (v) any associated appurtenances.
       (6) Ute reservoir.--The term ``Ute Reservoir'' means the 
     impoundment of water created in 1962 by the construction of 
     the Ute Dam on the Canadian River, located approximately 32 
     miles upstream of the border between New Mexico and Texas.

     SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.

       (a) Financial Assistance.--
       (1) In general.--The Secretary may provide financial and 
     technical assistance to the Authority to assist in planning, 
     designing, conducting related preconstruction activities for, 
     and constructing the System.
       (2) Use.--
       (A) In general.--Any financial assistance provided under 
     paragraph (1) shall be obligated and expended only in 
     accordance with a cooperative agreement entered into under 
     section 5(a)(2).
       (B) Limitations.--Financial assistance provided under 
     paragraph (1) shall not be used--
       (i) for any activity that is inconsistent with constructing 
     the System; or
       (ii) to plan or construct facilities used to supply 
     irrigation water for agricultural purposes.
       (b) Cost-Sharing Requirement.--
       (1) In general.--The Federal share of the total cost of any 
     activity or construction carried out using amounts made 
     available under this Act shall be not more than 75 percent of 
     the total cost of the System.
       (2) System development costs.--For purposes of paragraph 
     (1), the total cost of the System shall include any costs 
     incurred by the Authority on or after October 1, 2003, for 
     the development of the System.
       (c) Limitation.--No amounts made available under this Act 
     may be used for the construction of the System until--
       (1) a plan is developed under section 4(b); and
       (2) the Secretary and the Authority have complied with any 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) applicable to the System.
       (d) Title to Project Works.--Title to the infrastructure of 
     the System shall be held by the Authority or as may otherwise 
     be specified under State law.

     SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.

       (a) In General.--The Authority shall be responsible for the 
     annual operation, maintenance, and replacement costs 
     associated with the System.
       (b) Operation, Maintenance, and Replacement Plan.--The 
     Authority, in consultation with the Secretary, shall develop 
     an operation, maintenance, and replacement plan that 
     establishes the rates and fees for beneficiaries of the 
     System in the amount necessary to ensure that the System is 
     properly maintained and capable of delivering approximately 
     16,500 acre-feet of water per year.

     SEC. 5. ADMINISTRATIVE PROVISIONS.

       (a) Cooperative Agreements.--
       (1) In general.--The Secretary may enter into any contract, 
     grant, cooperative agreement, or other agreement that is 
     necessary to carry out this Act.
       (2) Cooperative agreement for provision of financial 
     assistance.--
       (A) In general.--The Secretary shall enter into a 
     cooperative agreement with the Authority to provide financial 
     assistance or any other assistance requested by the Authority 
     for planning, design, related preconstruction activities, and 
     construction of the System.
       (B) Requirements.--The cooperative agreement entered into 
     under subparagraph (A) shall, at a minimum, specify the 
     responsibilities of the Secretary and the Authority with 
     respect to--
       (i) ensuring that the cost-share requirements established 
     by section 3(b) are met;
       (ii) completing the planning and final design of the 
     System;
       (iii) any environmental and cultural resource compliance 
     activities required for the System; and
       (iv) the construction of the System.
       (b) Technical Assistance.--At the request of the Authority, 
     the Secretary may provide to the Authority any technical 
     assistance that is necessary to assist the Authority in 
     planning, designing, constructing, and operating the System.
       (c) Biological Assessment.--The Secretary shall consult 
     with the New Mexico Interstate Stream Commission and the 
     Authority in preparing any biological assessment under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that 
     may be required for planning and constructing the System.
       (d) Effect.--Nothing in this Act---
       (1) affects or preempts--
       (A) State water law; or
       (B) an interstate compact relating to the allocation of 
     water; or
       (2) confers on any non-Federal entity the ability to 
     exercise any Federal rights to--
       (A) the water of a stream; or
       (B) any groundwater resource.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary to carry out this 
     Act.
       (b) Nonreimbursable Amounts.--Amounts made available to the 
     Authority in accordance with the cost-sharing requirement 
     under section 3(b) shall be nonreimbursable and nonreturnable 
     to the United States.
       (c) Availability of Funds.--At the end of each fiscal year, 
     any unexpended funds appropriated pursuant to this Act shall 
     be retained for use in future fiscal years consistent with 
     this Act.

  Mr. BINGAMAN. Mr. President, I am pleased to be co-sponsoring a bill 
which Senator Domenici and I are introducing today, that would 
authorize the Bureau of Reclamation to help communities in eastern New 
Mexico develop the Eastern New Mexico Rural Water System (ENMRWS). The 
water supply and long-term security to be made available by this 
project is absolutely critical to the region's future. I look forward 
to working with my colleagues here in the Senate to help make this 
project a reality.
  This bill is very similar to a bill I introduced in June 2004 which 
was the subject of a hearing before the Water & Power Subcommittee of 
the Energy & Natural Resources Committee. At that hearing, the Bureau 
of Reclamation raised a number of issues that needed to be addressed by 
the Project sponsors prior to securing Reclamation's support. I'm happy 
to say that the sponsors have worked diligently to address those 
issues, and it is time, once again, to move this project towards 
authorization. I realize that there is little time left in the 109th 
Congress. Nonetheless, introduction of this bill now is important to 
ensure an ongoing dialogue with the Bureau of Reclamation and maintain 
progress as we head towards the 110th Congress.
  The source of water for the ENMRWS is Ute Reservoir, a facility 
constructed by the State of New Mexico in the early 1960s. In 1966, 
Congress authorized Reclamation to study the feasibility of a project 
that would utilize Ute Reservoir to supply water to communities in 
eastern New Mexico (P.L. 89-561). Numerous studies were subsequently 
completed, but it was not until the late 1990s that several 
communities, concerned about their reliance on declining and degraded 
groundwater supplies in the area, began to plan seriously for the 
development of a regional water system that would make use of the 
renewable supply available from Ute Reservoir.
  As part of that process, the Eastern New Mexico Rural Water Authority 
was formed to carry out the development of the ENMRWS. The Authority 
consists of 6 communities and 2 counties in eastern New Mexico, and has 
been very effective in securing local funds and State funding to 
support the studies and planning necessary to move the project forward. 
To date, the State of New Mexico has provided over $4 million to help 
develop the ENMRWS.
  This is a very important bill to the citizens of New Mexico. It has 
the broad support of the communities in the region as well as financial 
support from the State of New Mexico. There is no question that 
completion of the ENMRWS will provide communities in Curry and 
Roosevelt counties with a long-term renewable source of water that is 
needed to sustain current economic activity and support future growth 
and development in the region. I hope my colleagues will support this 
legislation, thereby helping to address pressing water needs in the 
rural West.
                                 ______