[Congressional Record (Bound Edition), Volume 146 (2000), Part 18]
[House]
[Pages 26163-26166]
[From the U.S. Government Publishing Office, www.gpo.gov]



 LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT 
                              ACT OF 2000

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1761) to direct the Secretary of the Interior, through 
the Bureau of Reclamation, to conserve and enhance the water supplies 
of the Lower Rio Grande Valley, as amended.
  The Clerk read as follows:

                                S. 1761

       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 ``Lower Rio Grande Valley 
     Water Resources Conservation and Improvement Act of 2000''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Reclamation.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner.
       (3) State.--The term ``State'' means the Texas Water 
     Development Board and any other authorized entity of the 
     State of Texas.
       (4) Program area.--The term ``program area'' means--
       (A) the counties in the State of Texas in the Rio Grande 
     Regional Water Planning Area known as Region ``M'' as 
     designated by the Texas Water Development Board; and
       (B) the counties of Hudspeth and El Paso, Texas.

     SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT 
                   PROGRAM.

       (a) In General.--The Secretary, acting pursuant to the 
     Reclamation Act of 1902 (Act

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     of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof 
     and supplementary thereto, shall undertake a program in 
     cooperation with the State, water users in the program area, 
     and other non-Federal entities, to investigate and identify 
     opportunities to improve the supply of water for the program 
     area as provided in this Act. The program shall include the 
     review of studies or planning reports (or both) prepared by 
     any competent engineering entity for projects designed to 
     conserve and transport raw water in the program area. As part 
     of the program, the Secretary shall evaluate alternatives in 
     the program area that could be used to improve water 
     supplies, including the following:
       (1) Lining irrigation canals.
       (2) Increasing the use of pipelines, flow control 
     structures, meters, and associated appurtenances of water 
     supply facilities.
       (b) Program Development.--Within 6 months after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the State, shall develop and publish criteria to determine 
     which projects would qualify and have the highest priority 
     for financing under this Act. Such criteria shall address, at 
     a minimum--
       (1) how the project relates to the near- and long-term 
     water demands and supplies in the study area, including how 
     the project would affect the need for development of new or 
     expanded water supplies;
       (2) the relative amount of water (acre feet) to be 
     conserved pursuant to the project;
       (3) whether the project would provide operational 
     efficiency improvements or achieve water, energy, or economic 
     savings (or any combination of the foregoing) at a rate of 
     acre feet of water or kilowatt energy saved per dollar 
     expended on the construction of the project; and
       (4) if the project proponents have met the requirements 
     specified in subsection (c).
       (c) Project Requirements.--A project sponsor seeking 
     Federal funding under this program shall--
       (1) provide a report, prepared by the Bureau of Reclamation 
     or prepared by any competent engineering entity and reviewed 
     by the Bureau of Reclamation, that includes, among other 
     matters--
       (A) the total estimated project cost;
       (B) an analysis showing how the project would reduce, 
     postpone, or eliminate development of new or expanded water 
     supplies;
       (C) a description of conservation measures to be taken 
     pursuant to the project plans;
       (D) the near- and long-term water demands and supplies in 
     the study area; and
       (E) engineering plans and designs that demonstrate that the 
     project would provide operational efficiency improvements or 
     achieve water, energy, or economic savings (or any 
     combination of the foregoing) at a rate of acre feet of water 
     or kilowatt energy saved per dollar expended on the 
     construction of the project;
       (2) provide a project plan, including a general map showing 
     the location of the proposed physical features, conceptual 
     engineering drawings of structures, and general standards for 
     design; and
       (3) sign a cost-sharing agreement with the Secretary that 
     commits the non-Federal project sponsor to funding its 
     proportionate share of the project's construction costs on an 
     annual basis.
       (d) Financial Capability.--Before providing funding for a 
     project to the non-Federal project sponsor, the Secretary 
     shall determine that the non-Federal project sponsor is 
     financially capable of funding the project's non-Federal 
     share of the project's costs.
       (e) Review Period.--Within one year after the date a 
     project is submitted to the Secretary for approval, the 
     Secretary, subject to the availability of appropriations, 
     shall determine whether the project meets the criteria 
     established pursuant to this section.
       (f) Report Preparation; Reimbursement.--Project sponsors 
     may choose to contract with the Secretary to prepare the 
     reports required under this section. All costs associated 
     with the preparation of the reports by the Secretary shall be 
     50 percent reimbursable by the non-Federal sponsor.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $2,000,000.

     SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.

       (a) Project Implementation.--If the Secretary determines 
     that any of the following projects meet the review criteria 
     and project requirements, as set forth in section 3, the 
     Secretary may conduct or participate in funding engineering 
     work, infrastructure construction, and improvements for the 
     purpose of conserving and transporting raw water through that 
     project:
       (1) In the Hidalgo County, Texas Irrigation District #1, a 
     pipeline project identified in the Melden & Hunt, Inc. 
     engineering study dated July 6, 2000 as the Curry Main 
     Pipeline Project.
       (2) In the Cameron County, Texas La Feria Irrigation 
     District #3, a distribution system improvement project 
     identified by the 1993 engineering study by Sigler, Winston, 
     Greenwood and Associates, Inc.
       (3) In the Cameron County, Texas Irrigation District #2 
     canal rehabilitation and pumping plant replacement as 
     identified as Job Number 48-05540-002 in a report by Turner 
     Collie & Braden, Inc. dated August 12, 1998.
       (4) In the Harlingen Irrigation District Cameron #1 
     Irrigation District a project of meter installation and canal 
     lining as identified in a proposal submitted to the Texas 
     Water Development Board dated April 28, 2000.
       (b) Construction Cost Share.--The non-Federal share of the 
     costs of any construction carried out under, or with 
     assistance provided under, this section shall be 50 percent. 
     Not more than 40 percent of the costs of such an activity may 
     be paid by the State. The remainder of the non-Federal share 
     may include in-kind contributions of goods and services, and 
     funds previously spent on feasibility and engineering 
     studies.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $10,000,000.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on S. 1761.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 1761 will enable the Bureau of Reclamation to develop 
a program to improve the supply of water in the Lower Rio Grande region 
of the State of Texas.
  This action is needed for two reasons. The first concerns local 
weather patterns. There have been several periods in the last 10 years 
that rainfall in this area of Texas has been below normal. The second 
is that Mexico failed from the period 1992 through 1997 to deliver 1 
million acre feet of water to the Rio Grande, which is a principal 
source of water for this area.
  As of today, that deficit has not been corrected. In addition to 
setting up the general program, this legislation also provides 
authorization for four specific projects involving the lining of 
irrigation canals and substituting pipes for canals. Both will conserve 
significant amounts of water.
  Mr. Speaker, I urge support for this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise in support of S. 1761, a bill that provides for 
water conservation and water supply improvements in the Lower Rio 
Grande River Basin.
  Projects such as canal lining, improvements to pipelines, 
installation of water meters will be eligible for financial assistance 
under this legislation. As we have seen in all the western States, 
projects like these can substantially improve the efficiency of 
existing water supplies and may even eliminate the need for additional 
new water supply projects.
  Mr. Speaker, I want to congratulate my colleagues, the gentleman from 
Texas (Mr. Hinojosa), the gentleman from Texas (Mr. Ortiz), for all 
their work and effort on this legislation.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Texas (Mr. Ortiz).
  Mr. ORTIZ. Mr. Speaker, first of all, I want to thank the gentleman 
from Alaska (Mr. Young), my good friend; the gentleman from Nevada (Mr. 
Gibbons); the gentleman from California (Mr. Doolittle), chairman of 
the Subcommittee on Water and Power; the gentleman from California (Mr. 
Dooley), the ranking member; and the gentleman from Alaska (Mr. Young), 
chairman of the Committee on Resources, for the help that they have 
given us with this bill.
  Mr. Speaker, I rise in support of this bill, S. 1761, the Lower Rio 
Grande Valley Water Resources Conservation and Improvement Act.
  This comprehensive water resources plan will serve the border region 
of south Texas, also known as Region M of the Texas State Water Plan.
  Texas and many southwestern States live in a near-state of emergency 
when

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it comes to water resources. The Southwest is mostly desert, and water 
is hard to come by.
  Last July, the Subcommittee on Water and Power held a hearing on this 
bill to examine the needs of water for south Texas and how to maximize 
the water we now have.
  One of the most important things we examined in the hearing on this 
bill was the effect of Mexico's water deficit on the water shortage in 
south Texas.
  The Texas Senate Water Plan depends upon the water we are supposed to 
get from Mexico under the 1944 treaty that divides the water from the 
Rio Grande between our two nations.
  The continuing drought conditions in south Texas and enormous water 
deficit that Mexico has incurred under the water treaty are making a 
desperate situation much worse and it is making it much worse.
  Mr. Speaker, I would like to thank Senator Hutchinson for working 
with us, and I urge my good friends to support this bill. It is a good 
bipartisan bill.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield such time as he 
may consume to the gentleman from Texas (Mr. Hinojosa).
  Mr. HINOJOSA. Mr. Speaker, I rise in support of this suspension. As a 
sponsor of the original House companion measure, I want to thank our 
Texas Senators for their hard work in moving this forward in that 
Chamber.
  I also want to express appreciation to my colleagues, the gentleman 
from Texas (Mr. Ortiz), the gentleman from Texas (Mr. Bonilla), the 
gentleman from Texas (Mr. Reyes), the gentleman from Texas (Mr. 
Rodriguez), the gentleman from Texas (Mr. Gonzalez), the gentleman from 
Texas (Mr. Thornberry), as well as the gentleman from California (Mr. 
Dooley), the gentleman from California (Mr. George Miller), for their 
diligent efforts that have brought us to where we are today.
  Mr. Speaker, I also want to say a special thanks to the gentleman 
from Alaska (Mr. Young), chairman of the Committee on Resources, and 
the gentleman from California (Mr. Doolittle), chairman of the 
Subcommittee on Water and Power. It truly has been a joint effort and a 
perfect example of the great work that can be accomplished here in this 
body.
  In the south Texas/Rio Grande Valley, we are in a state of crisis. My 
colleagues may recall that last month on November the 3, The Washington 
Post ran a front page story headlined ``Life Along the Rio Grande 
Defined by Lack of Water.'' That lack of water, both quality and 
quantity, is the crisis we face.
  If I may quote from this story: ``Conflicts over access to a clean, 
cheap and sufficient supply of water are becoming a defining feature of 
life along the 2,100-mile United States-Mexico border, and of relations 
across it. While for many outsiders the border is synonymous with drug 
trafficking and immigration, when people who live here talk about 
confrontation between Mexicans and Americans, or tension between urban 
areas and farmers, or cooperation to solve problems, the dominant 
subject is always water.''

                              {time}  1430

  There is no question that the key resource challenge of the 21st 
century on the border is going to be fresh water. Drought conditions 
over the last decade have made citizens of the region keenly aware of 
the significant impacts a dwindling water supply can and ultimately 
will have if the problem is not recognized and addressed.
  Add to this situation the fact that, according to U.S. Census Bureau 
statistics, the border cities of Laredo and McAllen, Texas grew faster 
in the last decade than any metropolitan region in the United States 
except Las Vegas, and you will begin to fully comprehend the impending 
magnitude of the problem we face.
  That is why last year I introduced legislation to rectify this 
problem. Joining me in this effort was the gentleman from Texas (Mr. 
Bonilla), the gentleman from Texas (Mr. Reyes), the gentleman from 
Texas (Mr. Thornberry), the gentleman from Texas (Mr. Ortiz), and the 
gentleman from Texas (Mr. Rodriguez). All of us recognized what needed 
to be done.
  The suspension before us is a solid step in the right direction, one 
that will authorize the undertaking of a problem, rather the 
undertaking of a program to investigate, to conduct studies, and 
identify opportunities to improve our supply of water.
  In closing, I want to say that I am talking more specifically about 
looking at alternatives which include lining irrigation canals and 
increasing the use of pipelines, flow control structures, meters and 
associated appurtenances of water supply facilities.
  The Post article, one that I referenced at the beginning of my 
remarks, closed by saying ``Without water, you're dead.'' By securing 
this Federal funding to help us implement a visionary plan, we are 
ensuring that our border region will continue to flourish and prosper. 
This is the least we can do, and it is our responsibility to do nothing 
less.
  Mr. GEORGE MILLER of California. Mr. Speaker, I want to thank, again, 
the gentleman from Texas (Mr. Hinojosa) and the gentleman from Texas 
(Mr. Ortiz) for all of their work.
  I want to thank the gentleman from Alaska (Chairman Young) and the 
gentleman from California (Mr. Doolittle), subcommittee chairman, for 
their efforts to bring this to the floor. I thank the gentleman from 
Nevada (Mr. Gibbons) for managing it today on the floor. I urge passage 
of this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank the gentleman from California (Mr. 
George Miller) for his leadership on this important bill before the 
floor today. I want to ask that all Members give it their full support.
  Mr. REYES. Mr. Speaker, I rise in support of S. 1761, the Lower Rio 
Grande Valley Water Resources Conservation and Improvement Act of 1999. 
I am a cosponsor of the House companion bill. This legislation will 
allow for both the Department of the Interior and the Department of 
Agriculture to work with state and local governments to make 
improvements to irrigation canals and pipelines; to build and install 
flow control structures in irrigation canals; and to begin the use of 
water meters in irrigation canals. These measures will result in water 
savings for the entire Valley region, from El Paso to Brownsville.
  The Rio Grande Valley of Texas which stretches from El Paso to 
Brownsville serves as the boundary between Mexico and the United 
States. It also has served as a major source of water supply for the 
region. The area includes the border cities of Cameron, Hidalgo, Starr, 
Willacy, Jim Hogg, Zapata, Webb, Maverick, Val Verde, Kinney, Terrell, 
Brewster, Presidio, Jeff Davis, Hudspeth, and El Paso. These border 
cities are in danger of diminishing their water supplies.
  This bill is a stepping stone for these cities and counties to 
reinvent their water supply in order to ensure that future generations 
that reside in these areas are assured water for the future. Both the 
United States and Mexico must work together to implement these 
programs. Binational cooperation is the key in facilitating a 
successful and effective water conservation program. In addition to 
binational cooperation, it is important to assure that tribal concerns, 
tribal rights and American Indian sovereignty issues have been 
addressed during the implementation of this legislation. Any 
legislation that impacts tribal lands and resources in any way must 
include tribal consultation on a government to government basis.
  The authors of this bill should be commended for authorizing the 
development of an on-farm education program to implement state-of-the-
art water application and conservation techniques. Education is the 
first step in facilitating the process to take appropriate steps in 
conserving water for future generations. As a result, education 
programs will be implemented in collaboration with the International 
Boundary and Water Commission.
  State, local, and tribal governments recognize the need to preserve 
and revitalize their water supplies; however, the federal government 
will need to assist these entities. Therefore, this bill authorizes 
$65,200,000 for cost sharing. The federal share will be 60 percent. 
Non-federal share is suggested to be 40 percent with no more than 30 
percent paid by the state with the provision that the remainder of the 
non-federal share may include in-kind payment.
  Further study is needed to evaluate the water supply for future 
generations. The bill

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authorizes additional study by the Departments of Interior and 
Agriculture on alternative water supply options. The study would 
include water reuse options and emphasizes conservation. Its evaluation 
will be funded by the federal government at 50 percent with the 
remainder deriving from non-federal dollars.
  The water supply in the border region is in danger of running well 
below the amount that can provide for the people residing in these 
areas. This is a serious and on-going concern in my District of El 
Paso, Texas and other areas along the United States/Mexico border that 
needs to be addressed. S. 1761 will help our border communities renew 
their water supplies.
  Mr. Speaker, once again, I encourage my colleagues to support the 
passage of this important legislation.
  Mr. GIBBONS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Nevada (Mr. Gibbons) that the House 
suspend the rules and pass the Senate bill, S. 1761, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. GIBBONS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  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.

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