[108th Congress Public Law 354]
[From the U.S. Government Printing Office]


[DOCID: f:publ354.108]

[[Page 1399]]

CHIMAYO WATER SUPPLY SYSTEM AND ESPANOLA FILTRATION FACILITY ACT OF 2004

[[Page 118 STAT. 1400]]

Public Law 108-354
108th Congress

                                 An Act


 
 To direct the Secretary of the Interior to conduct a feasibility study 
 of a Chimayo water supply system, to provide for the planning, design, 
and construction of a water supply, reclamation, and filtration facility 
   for Espanola, New Mexico, and for other purposes. <<NOTE: Oct. 21, 
                          2004 -  [S. 2511]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Chimayo Water 
Supply System and Espanola Filtration Facility Act of 2004.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chimayo Water Supply System and 
Espanola Filtration Facility Act of 2004''.

                  TITLE I--CHIMAYO WATER SUPPLY SYSTEM

SEC. 101. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Study area.--The term ``study area'' means the Santa 
        Cruz River Valley in the eastern margin of the Espanola Basin.
            (3) System.--The term ``system'' means a water supply system 
        described in section 102(a).
            (4) Town.--The term ``Town'' means the town of Chimayo, New 
        Mexico, located in Rio Arriba County and Santa Fe County, New 
        Mexico.
SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY STUDY.

    (a) In General.--The Secretary, in cooperation with appropriate 
State and local authorities, shall conduct a study to determine the 
feasibility of constructing a water supply system for the Town in the 
study area that includes potable water transmission lines, pump 
stations, and storage reservoirs.
    (b) Scope of Study.--In conducting the study under subsection (a), 
the Secretary shall--
            (1) consider operating the system in connection with the 
        Espanola Water Filtration Facility;
            (2) consider various options for supplying water to the 
        Town, including connection to a regional water source, local 
        sources, sources distributed throughout the Town, and sources 
        located on adjacent Bureau of Land Management land;
            (3) consider reusing or recycling water from local or 
        regional sources;

[[Page 118 STAT. 1401]]

            (4) consider using alternative water supplies such as 
        surface water, brackish water, nonpotable water, or deep aquifer 
        groundwater; and
            (5) determine the total lifecycle costs of the system, 
        including--
                    (A) long-term operation, maintenance, replacement, 
                and treatment costs of the system; and
                    (B) management costs (including personnel costs).

    (c) Deadline for Study.--As soon as practicable, but not later than 
3 years after the date of enactment of this Act, the Secretary shall 
complete the study.
    (d) Cost Sharing.--The Federal share of the cost of the study shall 
be 75 percent.
    (e) Coordination.--The Secretary shall coordinate activities of the 
Bureau of Reclamation, the Bureau of Land Management, and the United 
States Geological Survey in the furtherance of the study, including--
            (1) accessing any Bureau of Land Management land adjacent to 
        the study area that is necessary to carry out this section; and
            (2) the drilling of any exploratory wells on Bureau of Land 
        Management land adjacent to the study area that are necessary to 
        determine water resources available for the Town.

    (f) Report.--The Secretary shall submit to Congress a report on the 
results of the feasibility study not later than the earlier of--
            (1) the date that is 1 year after the date of completion of 
        the feasibility study; or
            (2) the date that is 4 years after the date of enactment of 
        this Act.
SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT ASSISTANCE.

    (a) In General.--The Secretary may enter into contracts with water 
authorities in the study area to provide emergency water supply 
development assistance to any eligible person or entity, as the 
Secretary determines to be appropriate.
    (b) Eligible Activities.--The Secretary may provide assistance under 
subsection (a) for--
            (1) hauling water;
            (2) the installation of water purification technology at the 
        community wells or individual point-of-use;
            (3) the drilling of wells;
            (4) the installation of pump stations and storage 
        reservoirs;
            (5) the installation of transmission and distribution 
        pipelines to bring water to individual residential service 
        connections;
            (6) the engineering, design, and installation of an 
        emergency water supply system; and
            (7) any other eligible activity, as the Secretary determines 
        to be appropriate.

    (c) Cost Sharing.--The Federal share of the cost of any activity 
under this section shall be 75 percent.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated--
            (1) to carry out section 102, $2,000,000 for the period of 
        fiscal years 2005 through 2008; and

[[Page 118 STAT. 1402]]

            (2) to carry out section 103, $3,000,000 for the period of 
        fiscal years 2005 through 2010.

    (b) Limitation.--Amounts made available under subsection (a)(1) 
shall not be available for the construction of water infrastructure for 
the system.

              TITLE II--ESPANOLA WATER FILTRATION FACILITY

SEC. 201. DEFINITIONS.

    In this title:
            (1) Component.--The term ``component'' means a water 
        delivery infrastructure development described in section 202(b).
            (2) Facility.--The term ``facility'' means the Espanola 
        water filtration facility described in section 202(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of Reclamation.
SEC. 202. ESPANOLA WATER FILTRATION FACILITY.

    (a) In General.--The Secretary shall provide financial assistance to 
the city of Espanola, New Mexico, for the construction of an Espanola 
water filtration facility consisting of projects--
            (1) to divert and fully use imported water to meet future 
        demands in the greater Espanola, New Mexico region, including 
        construction of--
                    (A) presedimentation basins for removal of 
                sediments;
                    (B) an influent pump station to supply water into 
                treatment facilities;
                    (C) a pretreatment facility;
                    (D) filtration facilities;
                    (E) finished water storage facilities;
                    (F) a finished water booster pump station;
                    (G) sludge dewatering facilities; and
                    (H) potable water transmission lines to connect into 
                the water distribution facilities of the city of 
                Espanola, New Mexico; and
            (2) to use reclaimed water to enhance groundwater resources 
        and surface water supplies.

    (b) Participation.--The Secretary may provide financial assistance 
to the Santa Clara and San Juan Pueblos of New Mexico and the non-
Federal sponsors of the facility for the study, planning, design, and 
construction of a water delivery infrastructure development for the 
Santa Clara and San Juan Pueblos as a component of the facility.
    (c) Cost Sharing.--The Federal share of the total cost of the 
facility and the component shall not exceed 25 percent.
    (d) Limitation on Use of Funds.--Funds provided by the Secretary may 
not be used for the operation or maintenance of the facility or the 
component.

[[Page 118 STAT. 1403]]

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the construction of the 
facility $3,000,000 for the period of fiscal years 2005 through 2009.

    Approved October 21, 2004.

LEGISLATIVE HISTORY--S. 2511:
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SENATE REPORTS: No. 108-328 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Sept. 15, considered and passed Senate.
            Oct. 6, considered and passed House.

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