[Congressional Record Volume 154, Number 52 (Thursday, April 3, 2008)]
[Senate]
[Pages S2439-S2440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 2814. A bill to authorize the Secretary of the Interior to provide 
financial assistance to the Eastern New Mexico Rural 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. BINGAMAN. Mr. President, today, I am introducing a bill, with 
Senator Domenici's support, 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 is the third time this bill has been introduced. In June 2004, 
it 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. Last August, the Energy & Natural Resources Committee 
conducted a field hearing on the project in Clovis, New Mexico, and it 
was clear that the sponsors have worked diligently to address the 
issues raised by Reclamation. Given that progress and the broad support 
that exists for the project, it is time to move forward with Federal 
authorization under Reclamation's rural water program.
  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 completed, but 
it was not until recently 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 six communities and two 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 approximately $7.5 
million to develop the ENMRWS.
  Mr. President, 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 
development in the region. I hope my colleagues will support this 
legislation and help address one of the many pressing water needs in 
the rural West.
  Mr. President, 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. 2814

       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 Authorization Act''.

     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) Engineering report.--The term ``engineering report'' 
     means the report entitled ``Eastern New Mexico Rural Water 
     System Preliminary Engineering Report'' and dated October 
     2006.
       (3) Plan.--The term ``plan'' means the operation, 
     maintenance, and replacement plan required by section 4(b).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of New 
     Mexico.
       (6) System.--
       (A) In general.--The term ``System'' means the Eastern New 
     Mexico Rural Water

[[Page S2440]]

     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, Roosevelt, 
     and Quay Counties in the State.
       (B) Inclusions.--The term ``System'' includes the major 
     components and associated infrastructure identified as the 
     ``Best Technical Alternative'' in the engineering report.
       (7) 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 irrigated 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 or the State 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 and 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.--In accordance with the adjustment carried 
     out under subsection (b), there is authorized to be 
     appropriated to the Secretary to carry out this Act an amount 
     not greater than $327,000,000.
       (b) Adjustment.--The amount made available under subsection 
     (a) shall be adjusted to reflect changes in construction 
     costs occurring after January 1, 2007, as indicated by 
     engineering cost indices applicable to the types of 
     construction necessary to carry out this Act.
       (c) 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.
       (d) 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.
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