[House Report 108-758]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-758

======================================================================



 
 LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT 
                              ACT OF 2004

                                _______
                                

October 7, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4588]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4588) to amend the Lower Rio Grande Valley Water 
Resources Conservation and Improvement Act of 2000 to authorize 
additional projects and activities under that Act, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SEC. 1. SHORT TITLE.

  This Act may be cited as the ``Lower Rio Grande Valley Water 
Resources Conservation and Improvement Act of 2004''.

SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS AND ACTIVITIES UNDER THE 
                    LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT 
                    PROGRAM.

  (a) Additional Projects.--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:
          ``(20) In Cameron County, Texas, Bayview Irrigation District 
        No. 11, water conservation and improvement projects as 
        identified in the March 3, 2004, engineering report by NRS 
        Consulting Engineers at a cost of $1,425,219.
          ``(21) In the Cameron County, Texas, the Brownsville 
        Irrigation District, water conservation and improvement 
        projects as identified in the February 11, 2004 engineering 
        report by NRS Consulting Engineers at a cost of $722,100.
          ``(22) In the Cameron County, Texas Harlingen Irrigation 
        District No. 1, water conservation and improvement projects as 
        identified in the March, 2004, engineering report by Axiom-
        Blair Engineering at a cost of $4,173,950.
          ``(23) In the Cameron County, Texas, Cameron County 
        Irrigation District No. 2, water conservation and improvement 
        projects as identified in the February 11, 2004 engineering 
        report by NRS Consulting Engineers at a cost of $8,269,576.
          ``(24) Braden, Inc. at a cost of $5,607,300.
          ``(25) In the Cameron County, Texas, Adams Gardens Irrigation 
        District No. 19, water conservation and improvement projects as 
        identified in the March, 2004 engineering report by Axiom-Blair 
        Engineering at a cost of $2,500,000.
          ``(26) In the Hidalgo and Cameron Counties, Texas, the 
        Hidalgo and Cameron Counties Irrigation District No. 9, water 
        conservation and improvement projects as identified by the 
        February 11 engineering report by NRS Consulting Engineers at a 
        cost of $8,929,152.
          ``(27) In the Hidalgo and Willacy Counties, Texas, Delta Lake 
        Irrigation District, water conservation and improvement 
        projects as identified in the March, 2004 engineering report by 
        Axiom-Blair Engineering at a cost of $8,000,000.
          ``(28) In the Hidalgo County, Texas, Hidalgo County 
        Irrigation District No. 2, a water conservation and improvement 
        project identified in the engineering reports attached to a 
        letter dated February 11, 2004, from the district's general 
        manager, at a cost of $5,312,475.
          ``(29) In the Hidalgo County, Texas, Hidalgo County 
        Irrigation District No. 1, water conservation and improvement 
        projects identified in an engineering report dated March 5, 
        2004 by Melden and Hunt, Inc. at a cost of $5,595,018.
          ``(30) In the Hidalgo County, Texas, Hidalgo County 
        Irrigation District No. 6, water conservation and improvement 
        projects as identified in the March, 2004, engineering report 
        by Axiom-Blair Engineering at a cost of $3,450,000.
          ``(31) In the Hidalgo County, Texas Santa Cruz Irrigation 
        District No. 15, water conservation and improvement projects as 
        identified in an engineering report dated March 5, 2004 by 
        Melden and Hunt at a cost of $4,609,000.
          ``(32) In the Hidalgo County, Texas, Engelman Irrigation 
        District, water conservation and improvement projects as 
        identified in an engineering report dated March 5, 2004 by 
        Melden and Hunt, Inc. at a cost of $2,251,480.
          ``(33) In the Hidalgo County, Texas, Valley Acres Water 
        District, water conservation and improvement projects as 
        identified in an engineering report dated March, 2004 by Axiom-
        Blair Engineering at a cost of $500,000.
          ``(34) In the Hudspeth County, Texas, Hudspeth County 
        Conservation and Reclamation District No. 1, water conservation 
        and improvement projects as identified in the March, 2004, 
        engineering report by Axiom-Blair Engineering at a cost of 
        $1,500,000.
          ``(35) In the El Paso County, Texas, El Paso County Water 
        Improvement District No. 1, water conservation and improvement 
        projects as identified in the March, 2004, engineering report 
        by Axiom-Blair Engineering at a cost of $10,500,000.
          ``(36) In the Hidalgo County, Texas, Donna Irrigation 
        District, water conservation and improvement projects 
        identified in an engineering report dated March 22, 2004 by 
        Melden and Hunt, Inc. at a cost of $2,500,000.
          ``(37) In the Hidalgo County, Texas, Hidalgo County 
        Irrigation District No. 16, water conservation and improvement 
        projects identified in an engineering report dated March 22, 
        2004 by Melden and Hunt, Inc. at a cost of $2,800,000.
          ``(38) The United Irrigation District of Hidalgo County water 
        conservation and improvement projects as identified in a March 
        2004 engineering report by Sigler Winston, Greenwood and 
        Associates at a cost of $6,067,021.''.
  (b) Inclusion of Activities to Conserve Water or Improve Supply; 
Transfers Among Projects.--Section 4 of such Act (Public Law 106-576; 
114 Stat. 3067) is further amended by redesignating subsection (c) as 
subsection (e), and by inserting after subsection (b) the following:
  ``(c) Inclusion of Activities to Conserve Water or Improve Supply.--
In addition to the activities identified in the engineering reports 
referred to in subsection (a), each project that the Secretary conducts 
or participates in under subsection (a) may include any of the 
following:
          ``(1) The replacement of irrigation canals and lateral canals 
        with buried pipelines.
          ``(2) The impervious lining of irrigation canals and lateral 
        canals.
          ``(3) Installation of water level, flow measurement, pump 
        control, and telemetry systems.
          ``(4) The renovation and replacement of pumping plants.
          ``(5) Other activities that will result in the conservation 
        of water or an improved supply of water.
  ``(d) Transfers Among Projects.--Of amounts made available for a 
project referred to in any of paragraphs (20) through (38) of 
subsection (a), the Secretary may transfer and use for another such 
project up to 10 percent.''.

SEC. 3. REAUTHORIZATION OF APPROPRIATIONS FOR LOWER RIO GRANDE 
                    CONSTRUCTION.

  Section 4(e) of the Lower Rio Grande Valley Water Resources 
Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 
3067), as redesignated by section 2(b) of this Act, is further amended 
by inserting before the period the following: ``for projects referred 
to in paragraphs (1) through (19) of subsection (a), and $42,356,145 
(2004 dollars) for projects referred to in paragraphs (20) through (38) 
of subsection (a)''.

                          Purpose of the Bill

    The purpose of H.R. 4588 is to amend the Lower Rio Grande 
Valley Water Resources Conservation and Improvement Act of 2000 
to authorize additional projects and activities under that Act, 
and for other purposes.

                  Background and Need for Legislation

    The Lower Rio Grande Valley, located along the Texas and 
Mexico borders, is subject to recurring drought conditions and 
high population growth. There are more than seven million 
people residing in this area, with approximately one million 
living in the United States. In light of persistent drought, 
high population growth and the negative effect of Mexico's 
continuing water debt to the United States, a program to 
improve basic water management tools for this region was 
created by the Lower Rio Grande Valley Water Resources 
Conservation and Improvement Act of 2000 (P.L. 106-576). These 
tools, aimed at improving water conservation and efficiency at 
the local water district levels, include pipelines, canal 
lining, and water control facilities. Additional water 
management projects were authorized in 2002 under the 
amendments to the Lower Rio Grande Valley Water Resources 
Conservation and Improvement Act of 2000 P.L.107-351. H.R. 4588 
provides funding authorization to the Bureau of Reclamation for 
engineering work, infrastructure construction and improvements 
for nineteen new water conservation and efficiency projects in 
the Lower Rio Grande Valley. Under the bill, the Bureau of 
Reclamation will provide such funding to the local water 
districts to build the projects. H.R. 4588 increases the 
authorization for construction of these and previously 
authorized facilities by an additional $42.35 million.

                            Committee Action

    Congressman Ruben Hinojosa (D-TX) introduced H.R. 4588 on 
June 16, 2004. The bill was referred to the Committee on 
Resources and within the Committee to the Subcommittee on Water 
and Power. A hearing on the bill was held on July 8, 2004. On 
September 15, 2004, the Full Resources Committee met to 
consider the bill. The Subcommittee on Water and Power was 
discharged from further consideration by unanimous consent. 
Rep. Hinojosa offered an amendment making clarifying and 
technical changes. The amendment was agreed to by unanimous 
consent. The bill, as amended, was ordered favorably reported 
to the House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Lower Rio Grande Valley 
Water Resources Conservation and Improvement Act of 2000 to 
authorize additional projects and activities under that Act, 
and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 21, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4588, the Lower 
Rio Grande Valley Water Resources Conservation and Improvement 
Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 4588--Lower Rio Grande Valley Water Resources Conservation and 
        Improvement Act of 2004

    Summary: H.R. 4588 would amend the Lower Rio Grande Valley 
Water Resources Conservation and Improvement Act of 2000 to add 
19 new water conservation projects to those eligible for 
federal assistance under that act. To build the 19 additional 
projects, the bill would authorize the appropriation of about 
$42 million.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 4588 would cost $36 million 
over the 2006-2009 period and an additional $6 million in 2010. 
Enacting H.R. 4588 would not affect direct spending or 
receipts.
    H.R. 4588 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4588 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                         By fiscal year, in millions of
                                                   dollars--
                                      ----------------------------------
                                        2005   2006   2007   2008   2009
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level..................      0      5     10     15     12
Estimated Outlays....................      0      2      7     15     12
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4588 will be enacted near the start of 2005. Based on 
information from the Bureau of Reclamation, CBO estimates that 
implementing H.R. 4588 would cost $36 million over the 2006-
2009 period and an additional $6 million in 2010, assuming 
appropriation of the authorized amounts.
    Intergovernmental and private-sector impact: H.R. 4588 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Enacting this legislation would benefit the 
state of Texas and local governments in that state that would 
receive the authorized federal assistance. Any costs incurred 
by those governments to meet the conditions of the assistance 
would be incurred voluntarily.
    Estimate prepared by: Federal Costs: Rachel Milberg. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Amina Masood.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 SECTION 4 OF THE LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION 
                      AND IMPROVEMENT ACT OF 2000


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) * * *

           *       *       *       *       *       *       *

          (20) In Cameron County, Texas, Bayview Irrigation 
        District No. 11, water conservation and improvement 
        projects as identified in the March 3, 2004, 
        engineering report by NRS Consulting Engineers at a 
        cost of $1,425,219.
          (21) In the Cameron County, Texas, the Brownsville 
        Irrigation District, water conservation and improvement 
        projects as identified in the February 11, 2004 
        engineering report by NRS Consulting Engineers at a 
        cost of $722,100.
          (22) In the Cameron County, Texas Harlingen 
        Irrigation District No. 1, water conservation and 
        improvement projects as identified in the March, 2004, 
        engineering report by Axiom-Blair Engineering at a cost 
        of $4,173,950.
          (23) In the Cameron County, Texas, Cameron County 
        Irrigation District No. 2, water conservation and 
        improvement projects as identified in the February 11, 
        2004 engineering report by NRS Consulting Engineers at 
        a cost of $8,269,576.
          (24) Braden, Inc. at a cost of $5,607,300.
          (25) In the Cameron County, Texas, Adams Gardens 
        Irrigation District No. 19, water conservation and 
        improvement projects as identified in the March, 2004 
        engineering report by Axiom-Blair Engineering at a cost 
        of $2,500,000.
          (26) In the Hidalgo and Cameron Counties, Texas, the 
        Hidalgo and Cameron Counties Irrigation District No. 9, 
        water conservation and improvement projects as 
        identified by the February 11 engineering report by NRS 
        Consulting Engineers at a cost of $8,929,152.
          (27) In the Hidalgo and Willacy Counties, Texas, 
        Delta Lake Irrigation District, water conservation and 
        improvement projects as identified in the March, 2004 
        engineering report by Axiom-Blair Engineering at a cost 
        of $8,000,000.
          (28) In the Hidalgo County, Texas, Hidalgo County 
        Irrigation District No. 2, a water conservation and 
        improvement project identified in the engineering 
        reports attached to a letter dated February 11, 2004, 
        from the district's general manager, at a cost of 
        $5,312,475.
          (29) In the Hidalgo County, Texas, Hidalgo County 
        Irrigation District No. 1, water conservation and 
        improvement projects identified in an engineering 
        report dated March 5, 2004 by Melden and Hunt, Inc. at 
        a cost of $5,595,018.
          (30) In the Hidalgo County, Texas, Hidalgo County 
        Irrigation District No. 6, water conservation and 
        improvement projects as identified in the March, 2004, 
        engineering report by Axiom-Blair Engineering at a cost 
        of $3,450,000.
          (31) In the Hidalgo County, Texas Santa Cruz 
        Irrigation District No. 15, water conservation and 
        improvement projects as identified in an engineering 
        report dated March 5, 2004 by Melden and Hunt at a cost 
        of $4,609,000.
          (32) In the Hidalgo County, Texas, Engelman 
        Irrigation District, water conservation and improvement 
        projects as identified in an engineering report dated 
        March 5, 2004 by Melden and Hunt, Inc. at a cost of 
        $2,251,480.
          (33) In the Hidalgo County, Texas, Valley Acres Water 
        District, water conservation and improvement projects 
        as identified in an engineering report dated March, 
        2004 by Axiom-Blair Engineering at a cost of $500,000.
          (34) In the Hudspeth County, Texas, Hudspeth County 
        Conservation and Reclamation District No. 1, water 
        conservation and improvement projects as identified in 
        the March, 2004, engineering report by Axiom-Blair 
        Engineering at a cost of $1,500,000.
          (35) In the El Paso County, Texas, El Paso County 
        Water Improvement District No. 1, water conservation 
        and improvement projects as identified in the March, 
        2004, engineering report by Axiom-Blair Engineering at 
        a cost of $10,500,000.
          (36) In the Hidalgo County, Texas, Donna Irrigation 
        District, water conservation and improvement projects 
        identified in an engineering report dated March 22, 
        2004 by Melden and Hunt, Inc. at a cost of $2,500,000.
          (37) In the Hidalgo County, Texas, Hidalgo County 
        Irrigation District No. 16, water conservation and 
        improvement projects identified in an engineering 
        report dated March 22, 2004 by Melden and Hunt, Inc. at 
        a cost of $2,800,000.
          (38) The United Irrigation District of Hidalgo County 
        water conservation and improvement projects as 
        identified in a March 2004 engineering report by Sigler 
        Winston, Greenwood and Associates at a cost of 
        $6,067,021.

           *       *       *       *       *       *       *

  (c) Inclusion of Activities to Conserve Water or Improve 
Supply.--In addition to the activities identified in the 
engineering reports referred to in subsection (a), each project 
that the Secretary conducts or participates in under subsection 
(a) may include any of the following:
          (1) The replacement of irrigation canals and lateral 
        canals with buried pipelines.
          (2) The impervious lining of irrigation canals and 
        lateral canals.
          (3) Installation of water level, flow measurement, 
        pump control, and telemetry systems.
          (4) The renovation and replacement of pumping plants.
          (5) Other activities that will result in the 
        conservation of water or an improved supply of water.
  (d) Transfers Among Projects.--Of amounts made available for 
a project referred to in any of paragraphs (20) through (38) of 
subsection (a), the Secretary may transfer and use for another 
such project up to 10 percent.
  [(c)] (e) Authorization of Appropriations.--There is 
authorized to be appropriated to the Secretary to carry out 
this section $47,000,000 (2001 dollars) for projects referred 
to in paragraphs (1) through (19) of subsection (a), and 
$42,356,145 (2004 dollars) for projects referred to in 
paragraphs (20) through (38) of subsection (a).

                                  
