[Congressional Record Volume 154, Number 100 (Tuesday, June 17, 2008)]
[House]
[Pages H5428-H5430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1545
        EASTERN NEW MEXICO RURAL WATER SYSTEM AUTHORIZATION ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5710) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5710

       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 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

[[Page H5429]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and gentleman from Utah (Mr. Bishop) each will 
control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 5710, as introduced by our colleague, Congressman Tom Udall of 
New Mexico, would direct the Secretary of the Interior, acting through 
the Bureau of Reclamation, to assist in the design and the construction 
of the Eastern New Mexico Rural Water System. The project would provide 
a sustainable water supply to nine communities and an Air Force base. 
This bill has received bipartisan support.
  I ask my colleagues to support its passage.
  I reserve the balance of my time.
  Mr. BISHOP of Utah. I yield myself such time as I may consume.
  The gentlelady from Guam has, once again, in her role as the bill 
manager, adequately explained the legislation that has been introduced 
by our colleague from New Mexico, Tom Udall. And it is also supported 
by our committee colleague, the ranking member on the Energy and 
Mineral Resources subcommittee, himself an expert on energy, Steve 
Pearce. Both of them are trying to seek to provide alternative water 
sources to communities in eastern New Mexico.
  One thing that is not contemplated in this bill is, of course, how 
much energy it will take to pump the water over almost 100 miles of 
pipeline. Water pumping costs for this project will require massive 
amounts of electricity. It is unclear on how we, as a country, are 
planning on generating that electricity in the future. But since 
commitments have been made to work on specific committee report 
language involving land owner rights and military contributions to this 
particular water project, we certainly have no objection at this point 
to this bill and would also urge a favorable vote.
  Mr. UDALL of New Mexico. Mr. Speaker, today I rise in support of H.R. 
5710, The Eastern New Mexico Rural Water System Authorization Act. In 
so doing, I would like to thank Chairman Rahall and Chairwoman 
Napolitano for their efforts in bringing this legislation to the floor 
today. This important bill will authorize the Bureau of Reclamation to 
help communities in eastern New Mexico develop the Eastern New Mexico 
Rural Water System (ENMRWS).
  There has long been a recognized need for a reliable and safe supply 
of potable water for eastern New Mexico. After years of drought and 
ever-increasing community growth, this water supply project is now 
absolutely critical for the continued economic well-being of Curry and 
Roosevelt counties in eastern New Mexico.
  These eastern New Mexico counties are built on a strong agricultural 
heritage, and the communities are known for their great sense of unity 
and mutual support. With the threat of extreme water scarcity, eastern 
New Mexico counties are rallying to ensure community survival.
  The Ogallala aquifer currently provides 100 percent of the municipal 
and industrial water supplies and the vast majority of agricultural 
water for eastern New Mexico. However, both the quantity and quality of 
this groundwater reserve have declined severely in recent decades. It 
is estimated that this groundwater supply will not be able to sustain 
current use into the next decade, and may be functionally depleted 
within 25 years.
  For 45 years, water users in eastern New Mexico have worked to 
develop an alternative source of municipal water that will be 
sustainable into the future. The Eastern New Mexico Rural Water Supply 
Authority, consisting of nine communities in the Curry and Roosevelt 
counties of eastern New Mexico, was formed in 2001 to oversee the 
development of a rural water system. This Authority has expeditiously 
and effectively finalized the studies and planning necessary to move 
forward with this project.
  The Eastern New Mexico Rural Water System Authorization Act is the 
result, and it has come after years of research, years of consultation, 
years of planning, and years of negotiation. The legislation is 
strongly supported by the communities involved, by the state of New 
Mexico, and by the entire New Mexico Delegation. H.R. 5710 passed by 
unanimous consent in both subcommittee and full committee, and it is my 
hope that the bill will continue to garner strong bipartisan support on 
the floor today and in the Senate as it moves to that chamber.
  I applaud the efforts of the Eastern New Mexico Rural Water Supply 
Authority, of the state of New Mexico, and of the counties and cities 
involved in this project. They have worked expeditiously and tirelessly 
to finalize the studies and planning necessary to move forward with 
this project.
  The establishment of the Eastern New Mexico Rural Water System is 
essential to the socio-economic survival of communities in eastern New 
Mexico. While vital to New Mexico, H.R. 5710 is just one piece in the 
larger puzzle of water resources in the arid west and across the 
nation. As our nation is confronted with changing and extreme weather, 
states and communities must work to address water scarcity with 
conservation efforts, with new technology, and with negotiation of 
water rights.
  H.R. 5710 builds on the ongoing efforts of the 8 cities and counties 
participating in the

[[Page H5430]]

project. These communities are working to establish innovative 
approaches to conserving water both agriculturally and domestically. 
They are part of a movement in the west to recognize the limitations of 
this precious resource and to work within these limitations to build 
strong communities.
  The Eastern New Mexico Rural Water System Authorization Act is key to 
the survival of numerous New Mexico communities, and is part of a wider 
national approach to sound water management. We cannot stand by and 
watch vibrant communities dissolve into western ghost towns, especially 
when solutions exist. I encourage my colleagues to support H.R. 5710 
and help provide a positive, long-term solution to a pressing water 
need in the rural West.
  Mrs. WILSON of New Mexico. Mr. Speaker, I rise to speak in favor of 
passage of H.R. 5710, the Eastern New Mexico Rural Water System 
Authorization Act, which will establish the Ute water pipeline. This 
bill authorizes construction of a pipeline from the Ute Reservoir that 
will carry water to several communities in Curry and Roosevelt 
counties.
  Under the proposed bill, the U.S. Bureau of Reclamation is authorized 
to spend up to $327 million to assist the Eastern New Mexico Rural 
Water Authority (ENMRWA) in the construction of the pipeline. The State 
of New Mexico and the ENMRWA, which represents communities in eastern 
New Mexico that will benefit from the pipeline, will contribute 25 
percent of the cost of construction. ENMRWA will operate and maintain 
the pipeline.
  Construction of this pipeline is essential as communities in eastern 
New Mexico try to meet future demand for water. It will provide a 
critical supply of water to growing communities and create certainty in 
these communities that safe, clean water will continue to be available 
long into the future.
  The Ute Reservoir was built on the Canadian River in 1959 as a 
sustainable water supply for eastern New Mexico. It has been nearly 40 
years since Congress authorized the study of a pipeline to transfer 
water to communities in eastern New Mexico, but only in the past few 
years have the affected New Mexico communities began planning for the 
pipeline.
  Communities that will be served by the Ute pipeline include Grady, 
Clovis, Melrose, Texico, Portales and Elida, as well as Cannon Air 
Force Base.
  I am a cosponsor of this important legislation and urge its swift 
passage.
  Mr. BISHOP of Utah. I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 5710.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ISSA. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________