[Congressional Record (Bound Edition), Volume 148 (2002), Part 10]
[House]
[Pages 13759-13762]
[From the U.S. Government Publishing Office, www.gpo.gov]




LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT OF 
                                  2001

  Mrs. CUBIN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2990) to amend the Lower Rio Grande Valley Water Resources 
Conservation and Improvement Act of 2000 to authorize additional 
projects under that Act, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 2990

       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 2001''.

     SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS UNDER THE LOWER 
                   RIO GRANDE VALLEY WATER RESOURCES CONSERVATION 
                   AND IMPROVEMENT ACT OF 2000.

       Section 4(a) of the Lower Rio Grande Valley Water Resources 
     Conservation and Improvement Act of 2000 (Public Law 106-576; 
     114 Stat. 3067) is amended by adding at the end the 
     following:
       ``(5) In the United Irrigation District of Hidalgo County, 
     Texas, a pipeline and pumping system as identified in the 
     Sigler, Winston, Greenwood, Associates, Incorporated, study 
     dated January 2001.
       ``(6) In the Cameron County, Texas, Irrigation District No. 
     2, proposed improvements to Canal C, as identified in the 
     February 8, 2001, engineering report by Martin, Brown, and 
     Perez.
       ``(7) In the Cameron County, Texas, Irrigation District No. 
     2, a proposed Canal C and Canal 13 Inner Connect, as 
     identified in the February 12, 2001, engineering report by 
     Martin, Brown, and Perez.
       ``(8) In Delta Lake Irrigation District of Hidalgo and 
     Willacy Counties, Texas, proposed water conservation 
     projects, as identified by the AW Blair Engineering report of 
     February 13, 2001.
       ``(9) In the Hidalgo and Cameron County, Texas, Irrigation 
     District No. 9, a proposed project to salvage spill water 
     using automatic control of canal gates as identified in the 
     AW Blair Engineering report dated February 14, 2001.
       ``(10) In the Brownsville Irrigation District of Cameron 
     County, Texas, a proposed main canal replacement as outlined 
     in the Holdar-Garcia & Associates engineering report dated 
     February 14, 2001.
       ``(11) In the Hidalgo County, Texas, Irrigation District 
     No. 16, a proposed off-district pump station project as 
     identified by the Melden & Hunt, Incorporated, engineering 
     report dated February 14, 2001.
       ``(12) In the Hidalgo County, Texas, Irrigation District 
     No. 1, a proposed canal replacement of the North Branch East 
     Main, as outlined in the Melden & Hunt, Incorporated, 
     engineering analysis dated February, 2001.
       ``(13) In the Donna (Texas) Irrigation District, a proposed 
     improvement project as identified by the Melden & Hunt, 
     Incorporated, engineering analysis dated February 13, 2001.
       ``(14) In the Hudspeth County, Texas, Conservation and 
     Reclamation District No. 1, the Alamo Arroyo Pumping Plant 
     water quality project as identified by the engineering report 
     and drawings by Gebhard-Sarma and Associates dated July 1996 
     and the construction of a 1,000 acre-foot off-channel 
     regulating reservoir for the capture and conservation of 
     irrigation water, as identified in the engineering report by 
     AW Blair Engineering dated June 2002.
       ``(15) In the El Paso County, Texas, Water Improvement 
     District No. 1, the Riverside Canal Improvement Project Phase 
     I Reach A, a canal lining and water conservation project as 
     identified by the engineering report by AW Blair Engineering 
     dated June 2002.
       ``(16) In the Maverick County, Texas, Water Improvement and 
     Control District No. 1, the concrete lining project of 12 
     miles of the Maverick Main Canal, identified in the 
     engineering report by AW Blair Engineering dated June 2002.
       ``(17) In the Hidalgo County, Texas, Irrigation District 
     No. 6, rehabilitation of 10.2 miles of concrete lining in the 
     main canal between Lift Stations Nos. 2 and 3 as identified 
     in the engineering report by AW Blair Engineering dated June 
     2002.
       ``(18) In the Hidalgo County, Texas, Irrigation District 
     No. 2, Wisconsin Canal Improvements as identified in the 
     Sigler, Winston, Greenwood & Associates, Incorporated, 
     engineering report dated February 2001.
       ``(19) In the Hidalgo County, Texas, Irrigation District 
     No. 2, Lateral `A' Canal Improvements as identified in the 
     Sigler, Winston, Greenwood & Associates, Incorporated, 
     engineering report dated July 25, 2001.''.

     SEC. 3. AMENDMENTS TO THE LOWER RIO GRANDE VALLEY WATER 
                   RESOURCES CONSERVATION AND IMPROVEMENT ACT OF 
                   2000.

       The Lower Rio Grande Valley Water Resources Conservation 
     and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 
     3065 et seq.) is further amended as follows:
       (1) Section 3(a) is amended in the first sentence by 
     striking ``The Secretary'' and all that follows through ``in 
     cooperation'' and inserting ``The Secretary, acting through 
     the Bureau of Reclamation, shall undertake a program under 
     cooperative agreements''.
       (2) Section 3(b) is amended to read as follows:
       ``(b) Project Review.--Project proposals shall be reviewed 
     and evaluated under the guidelines set forth in the document 
     published by the Bureau of Reclamation entitled `Guidelines 
     for Preparing and Reviewing Proposals for Water Conservation 
     and Improvement Projects Under P.L. 106-576', dated June 
     2001.''.
       (3) Section 3(d) is amended by inserting before the period 
     at the end the following: ``, including operation, 
     maintenance, repair, and replacement''.
       (4) Section 3(e) is amended by striking ``the criteria 
     established pursuant to this section''

[[Page 13760]]

     and inserting ``the guidelines referred to in subsection 
     (b)''.
       (5) Subsection (f) of section 3 is amended by striking ``to 
     prepare'' and all that follows through the end of the 
     subsection and inserting ``to have the Secretary prepare the 
     reports required under this section. The Federal share of the 
     cost of such preparation by the Secretary shall not exceed 50 
     percent of the total cost of such preparation.''.
       (6) Section 3(g) is amended by striking ``$2,000,000'' and 
     inserting ``$8,000,000''.
       (7) Section 4(b) is amended--
       (A) in the first sentence by striking ``costs of any 
     construction'' and inserting ``total project cost of any 
     project''; and
       (B) in the last sentence by inserting ``the actual'' before 
     ``funds''.
       (8) Section 4(c) is amended by striking ``$10,000,000'' and 
     inserting ``$47,000,000 (2001 dollars)''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Wyoming (Mrs. Cubin) and the gentleman from Texas (Mr. Ortiz) each will 
control 20 minutes.
  The Chair recognizes the gentlewoman from Wyoming (Mrs. Cubin).
  Mrs. CUBIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2990, the Lower Rio Grande Valley Water Resources 
Conservation and Improvement Act of 2001, will amend Public Law 106-
576. This legislation adds 14 new water conservation projects, 
increases study authorizations from $2 million to $8 million, and 
increases facility construction authorizations from $10 million to $47 
million.
  The Rio Grande has been severely impacted, as have most areas in the 
west, by drought conditions during the last decade. Many of these 
drought conditions are the worse that have ever been seen, at least 
recorded. These droughts conditions have made it difficult to supply 
Rio Grande water to the 7 million people who depend on it. 
Implementation of significant improvements to irrigation canal delivery 
systems, aggressive water conservation programs, and improved water 
management are critical needs that must be taken seriously. H.R. 2990 
will work within the existing framework of Public Law 106-576 to 
address these critical needs.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ORTIZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, first, let me thank my colleagues on the Committee on 
Resources, particularly the gentleman from California (Mr. Calvert) who 
has been a local hero back home in South Texas for his interest and 
work on this bill. South Texas also would like to thank the gentleman 
from Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. 
Rahall) for their attention to our situation and understanding, and 
their willingness to move this urgent bill forward. I also want to 
thank the staff. We had an opportunity to travel to my district, and we 
had hearings.
  The South Texan who deserves great credit for House consideration 
today is the gentleman from Texas (Mr. Bonilla), our distinguished 
appropriations cardinal whose personal involvement in this legislation 
has been pivotal to our success today. The gentleman from Texas (Mr. 
Bonilla) and I co-chair the House Border Caucus, and he is an important 
player for all of us when it comes to issues affecting the southwest 
border.
  Mr. Speaker, nature, or El Nino or La Nina, has played a cruel joke 
on Texas. After a decade of drought in South Texas, Mother Nature 
dumped between 30 and 40 inches of rain on central Texas which caused a 
lot of flooding and a lot of damage, none of which made its way to our 
reservoirs in South Texas.
  The Lower Rio Grande Valley Water Conservation and Improvement Act of 
2001 will authorize $47 million to be managed by the State of Texas to 
improve the irrigation system in the South Texas area. The bill 
specifies water transportation and conservation activities. It also 
begins to implement some of the water conservation measures considered 
in the development of the State of Texas water plan.
  We have been hit hard by at least 6 years of drought, and have raced 
to find ways to conserve this amount of water. We have to save as much 
as we can. This bill is an outgrowth of a very serious international 
treaty violation by Mexico. In 1944, the United States and Mexico 
signed a water treaty to share the waters of the Rio Grande, the 
Colorado, and their tributaries.

                              {time}  1545

  Under the treaty, the United States delivers 1.5 million acre-feet of 
water to Mexico from the Colorado while Mexico delivers 350,000 acre-
feet of water to the United States from tributaries and reservoirs of 
the Rio Grande. I represent the Texas border communities at the 
downstream of the river. The last drop and the last stop of water is in 
my district.
  There is very little that we can do to help south Texas water users 
today. But passing this bill to authorize improvements to the existing 
irrigation systems in the area will help conserve the tiny bit of water 
that we do now have. The gentleman from California (Mr. Calvert) led 
the Committee on Resources in a hearing in south Texas. He saw and 
heard firsthand the need that we have to improve the existing 
infrastructure in south Texas. Californians, and others from the 
American Southwest, have a special understanding of water needs and 
droughts; and we will be standing together with our colleagues from 
California as we try to mitigate the circumstances we now find 
ourselves in.
  I and all south Texas water users are deeply grateful to all the 
players in the House who have heard our plea for help and have stepped 
up to the plate to do what we need to do to make this horrible 
situation a little better. I want to thank my good friend, the 
gentlewoman for Wyoming, for being a lot of help in contributing to the 
passage of this bill.
  Mr. Speaker, I yield 5 minutes to the gentleman from Texas (Mr. 
Hinojosa).
  Mr. HINOJOSA. Mr. Speaker, I rise today in strong support of H.R. 
2990. I want to thank the gentleman from California (Mr. Calvert), 
subcommittee chairman; the gentleman from Utah (Mr. Hansen), the full 
committee chairman; as well as the gentleman from West Virginia (Mr. 
Rahall); the gentlewoman from Wyoming (Mrs. Cubin); the gentleman from 
Texas (Mr. Smith); and the gentleman from Texas (Mr. Ortiz) for all of 
their help in moving our legislation to the House floor.
  South Texas has reached a crisis stage. A decade-long drought 
combined with a 1.5 million acre-feet water debt owed by Mexico has 
left our water reservoirs dangerously low at only 25 percent of 
capacity. As a result, south Texas farmers have lost much of their 
crops. Our farmers are unable to plant new ones and are losing their 
farms because bank loans are being called. The sustainable growth of 
the region is in jeopardy.
  Agriculture has long been a cornerstone of the south Texas economy, 
and the devastating effects of the drought upon farmers are rippling 
throughout the entire economy in our country. Economists have estimated 
that the water shortage has cost the Texas economy almost $1 billion in 
the last 10 years, and costs are now mounting at a pace of more than 
$400 million annually. This means that south Texas has lost thousands 
of jobs and millions of dollars in economic activity. Given our chronic 
double-digit unemployment rate along the border, these are simply jobs 
that we cannot afford to lose. The agricultural and economic losses are 
not the only areas in which the drought has had a serious negative 
effect.
  The environmental negative impact has been felt as well. The Rio 
Grande River no longer flows into the Gulf of Mexico, which has 
adversely impacted a number of economically and ecologically important 
marine species. It is quite clear that the drought, compounded by 
Mexico's refusal to comply with the terms of the 1944 water treaty, is 
having a devastating effect upon all aspects of our community. We must 
continue our efforts to press Mexico to deliver the water that is owed 
us, but we must also be more efficient in transporting what little 
irrigation water we have.
  In conclusion, Mr. Speaker, I want to say that in his most recent 
agreement with Mexico, the President has promised to fund water 
conservation

[[Page 13761]]

projects in Mexico and the U.S. The projects authorized in our bill, 
H.R. 2990, are the type of conservation projects that will go a long 
way towards helping us modernize our antiquated water delivery systems 
on the U.S. side of the border. Currently, we lose up to 35 percent of 
our water to evaporation and to seepage. This legislation would allow 
the Bureau of Reclamation to conduct these planned projects that would 
significantly improve conservation of our scarce water resources.
  Specifically, this bill authorizes $47 million in new funding for 
water conservation and infrastructure improvement projects along the 
Texas/Mexico border from Brownsville to McAllen to Laredo to El Paso, 
Texas.
  These are badly needed financial resources that will be an important 
investment in the future of the South Texas border region.
  In closing, let me say that after holding several hearings, including 
field hearings in Weslaco and Brownsville, Texas, this bill was 
approved unanimously by both the Subcommittee on Water and Power and 
the full Committee on Resources. I urge my colleagues to support H.R. 
2990.
  Mrs. CUBIN. Mr. Speaker, I yield myself such time as I may consume.
  I would just like to point out how cruel at times Mother Nature can 
be. There is flooding in Texas at the same time very nearby there is a 
drought that has been going on for 6 years. I also want everyone to 
know that we are very aware that there is a drought all the way across 
the West. The drought conditions in my own State of Wyoming are the 
worst that we have ever seen. It is that way throughout the West. Now 
that we are faced with the wildfires that we have, the drought becomes 
all the more significant in environmental issues and in the health of 
our public lands.
  This is just the beginning. I believe that the Congress will be here 
to help other people in other States with the drought. But this 
particular bill is very important because it involves an international 
treaty and it involves water that is available, but we simply have to 
be able to save and use in a more efficient way the water that is 
there. In my own State, it is lack of water. Period. But the Congress 
will be there to help those people as this session goes on.
  Mr. Speaker, I want to thank the gentleman from Texas (Mr. Ortiz) and 
add my support and the committee's support for his hard work, for the 
field hearings that they have had. This bill has been vetted extremely 
well through the House. It does deserve to be passed. We do need to 
start dealing with the issues of the drought.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ORTIZ. Mr. Speaker, I yield myself such time as I may consume.
  This is truly a very bipartisan bill. We ask Members to vote for this 
bill. It is very important. It will help those people who have lost a 
lot of money in south Texas because they have not been able to irrigate 
and grow a crop.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Texas (Mr. Bentsen).
  Mr. BENTSEN. Mr. Speaker, I rise today in strong support of H.R. 
2990, the Lower Rio Grand Valley Water Resources Conservation and 
Improvement Act, legislation sponsored by our colleagues along the 
U.S.-Mexico border, the gentleman from Texas (Mr. Hinojosa), the 
gentleman from Texas (Mr. Bonilla), the gentleman from Texas (Mr. 
Gonzalez), the gentleman from Texas (Mr. Ortiz), the gentleman from 
Texas (Mr. Reyes), and the gentleman from Texas (Mr. Rodriguez).
  The legislation will authorize 14 irrigation improvement projects 
necessary for the continued viability and prosperity of farmers 
throughout the lower Rio Grand region. Eight of these projects will 
improve irrigation in Hidalgo County; three will help Cameron County; 
others will help Maverick County, El Paso County, and Hudspeth County.
  Farmers in the lower Rio Grand Valley are being hit hard by both an 
international dispute over water obligations with Mexico and a serious 
8-year drought, the longest on record in the valley region. For anyone 
needing proof for this desperation of valley farmers, I advise them to 
visit the mouth of the Rio Grand River where the flow has ceased to 
reach the Gulf of Mexico twice in the last 2 years and often only 
manages a trickle. The land in the lower Rio Grande Valley is among the 
most fertile, producing cotton, grains, vegetables, citrus, including 
the legendary pink grapefruit.
  However, without water, farmers have accumulated billions in losses 
and tens of thousands of jobs have been lost. While drought has and 
always will challenge farmers, those in the lower Rio Grande Valley 
have had more than 1.5 million acre feet of water, or an incredible 488 
billion gallons of water, withheld from them by the Mexican state of 
Chihuahua since 1992. At the same time, the state of Chihuahua has used 
this U.S. water to produce crops of their own in the desert. This 
violation of the 1944 U.S.-Mexico treaty regarding the Rio Grande and 
Colorado Rivers is admitted by the Mexican authorities and no party 
claims that the U.S. has ever failed in its reciprocal obligation to 
provide water to Mexico from the Colorado River.
  While I consider Mexico to be a friend and strong ally of the United 
States, I have consistently argued that the State Department needs to 
resolve this issue of great importance to the economy of the lower Rio 
Grande Valley before moving on to other more controversial foreign 
policy issues between the United States and Mexico.
  The matter of Mexico's adherence to the 1944 treaty and mounting 
water debt should be the Bush administration's top bilateral priority 
with respect to Mexico. Unfortunately, the administration's efforts to 
date have been deficient, as has been shown by the recent signing of 
the wholly inadequate water deal known as Minute 308.
  A minute is a clarification to an existing treaty but is not a formal 
amendment. Signed by the representatives of the United States and 
Mexican governments to the International Boundary and Water Commission 
on June 28, 2002, Minute 308 calls for improved water infrastructure in 
Mexico and the U.S., but it makes no meaningful attempt to address the 
mounting water debt that Mexico is accumulating.
  Farmers in the lower Rio Grande Valley, while welcoming any attention 
to this issue, have overwhelmingly rejected Minute 308 as close to 
useless. I am disappointed that the U.S. representatives to the 
commission, who were in direct communication with high ranking 
administration officials, would not force stronger action.
  With each passing day of inadequate administration action, the risk 
increases that this mounting debt will not be repaid, and more and more 
Texas farmers watch as their crops wither and die under the hot Texas 
sun.
  Mr. Speaker, the twin factors of drought and politics have hit valley 
farmers hard. All are praying simultaneously for a good rain and a 
resolution of the dispute before the latest deadline of September 30, 
2002. Even if this deadline is met, it will be too late for many. In 
the meantime, valley farmers will be encouraged that this House is 
coming to their aid by increasing the irrigation opportunities in the 
region throughout this legislation before us today. However, the 
administration needs to hear our debate today and to make sure that we 
have some water to use in these important projects.
  I want to thank the gentleman from Texas (Mr. Hinojosa) for 
introducing this legislation. I encourage my colleagues to vote ``yes'' 
in suspending the rules and passing H.R. 2990, the Lower Rio Grande 
Valley Water Resources Conservation and Improvement Act.
  Mr. RODRIGUEZ. Mr. Speaker, I rise this evening to offer my full 
support for passage of H.R. 2990, the Lower Rio Grande Valley Water 
Resources Conservation and Improvement Act of 2001. This bill would 
authorize additional projects critical to the improvement of water 
quality and infrastructures in South Texas while encouraging the 
federal government to focus more resources on the border region.
  South Texas faces a grave water crisis. Even as counties to the north 
suffer from flooding that has caused millions of dollars in damage to 
businesses and homes, the border region suffers from a terrible lack of 
water. It

[[Page 13762]]

is evident that we need to take a long, hard look at our water 
management practices and find new ways to improve our water resources.
  In the Lower Rio Grande Valley of Texas, communities continue to 
battle with an eight-year drought. The land is parched. The crops have 
died. The Rio Grande River has literally stopped flowing into the Gulf 
of Mexico. How can I express the seriousness of the situation to my 
colleagues? The lack of water in South Texas has all but destroyed the 
way of life for the farmers and ranchers of the region.
  During this same time period, Mexico has accumulated a substantial 
water deficit. Under terms of the 1944 U.S.-Mexico Water Treaty, Mexico 
now owes us close to 1.7 million acre-feet of water. This is water that 
could have provided enormous relief to South Texas. Farmers and water 
district managers had held out hope that Mexico would release a portion 
of water owed so they could make it through the summer.
  We were recently informed that the Administration had struck a deal 
with Mexico for the release of a mere 90,000 acre-feet. As South Texans 
have said, this is too little water, too late. To add insult to injury, 
the agreement gives Mexico access to substantial loans without 
requiring a firm payment schedule for water still owed. While we need 
substantial investment on both sides of the border to improve our water 
resources, we need Mexico to meet its treaty obligations to offer 
immediate relief to the parched lands of the Texas Valley.
  We have a real opportunity to provide some needed relief today. HR 
2990 will direct badly needed resources to South Texas to improve water 
quality and infrastructure. I ask for my colleagues support of this 
important bill.
  Mr. ORTIZ. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mrs. CUBIN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Culberson). The question is on the 
motion offered by the gentlewoman from Wyoming (Mrs. Cubin) that the 
House suspend the rules and pass the bill, H.R. 2990, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________