[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.
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