Bill Summary
This legislation, titled "Watersmart Extension and Expansion," includes amendments to multiple acts related to water management and infrastructure in order to extend funding and authorization for various programs. It also establishes new programs and clarifies that state laws and existing obligations must still be followed. This legislation is part of H.R. 4891, which is included in Union Calendar No. 558, 116th Congress, 2nd Session.
Possible Impacts
1. The Watersmart program extension and expansion will provide funding for water management and infrastructure improvements, potentially leading to improved water access and quality for communities.
2. The reauthorization and expansion of the Transboundary Aquifer Assessment Program will designate priority aquifers and address surface and groundwater availability, potentially leading to better management and conservation efforts.
3. The "Effect on Existing Law" section clarifies that the legislation will not interfere with any State laws or obligations, ensuring that states maintain control over water management and distribution.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4891 Reported in House (RH)]
<DOC>
Union Calendar No. 558
116th CONGRESS
2d Session
H. R. 4891
[Report No. 116-674, Part I]
To provide for the conduct of certain water security measures in the
Western United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2019
Ms. Torres Small of New Mexico (for herself, Mr. Lujan, Ms. Haaland,
Mrs. Kirkpatrick, Mr. Hurd of Texas, and Ms. DeGette) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
December 18, 2020
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 18, 2020
Committee on Science, Space, and Technology discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on October
28, 2019]
_______________________________________________________________________
A BILL
To provide for the conduct of certain water security measures in the
Western United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Western Water
Security Act of 2020''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT
Sec. 101. Watersmart extension and expansion.
Sec. 102. Emergency drought funding.
Sec. 103. Rio Grande Pueblo Irrigation Infrastructure Reauthorization.
TITLE II--GROUNDWATER MANAGEMENT
Sec. 201. Reauthorization and expansion of the Transboundary Aquifer
Assessment Program.
Sec. 202. Groundwater management assessment and improvement.
Sec. 203. Surface and groundwater water availability and the energy
nexus.
TITLE III--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION
Sec. 301. Definitions.
Sec. 302. Water acquisition program.
Sec. 303. Middle Rio Grande Water Conservation.
Sec. 304. Sustaining biodiversity during droughts.
Sec. 305. Reauthorization of cooperative watershed management program.
TITLE IV--EFFECT ON EXISTING LAW
Sec. 401. Effect on existing law.
SEC. 2. DEFINITIONS.
In this Act:
(1) Rio grande compact.--The term ``Rio Grande Compact''
means the compact approved by Congress under the Act of May 31,
1939 (53 Stat. 785, chapter 155).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
TITLE I--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT
SEC. 101. WATERSMART EXTENSION AND EXPANSION.
(a) Definition of Eligible Applicant.--Section 9502 of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
(1) in the matter preceding paragraph (1), by striking
``section'' and inserting ``subtitle'';
(2) by striking paragraph (7) and inserting the following:
``(7) Eligible applicant.--The term `eligible applicant'
means--
``(A) any State, Indian tribe, irrigation district,
or water district;
``(B) any State, regional, or local authority, the
members of which include one or more organizations with
water or power delivery authority;
``(C) any other organization with water or power
delivery authority; or
``(D) any nonprofit conservation organization.'';
(3) by redesignating paragraphs (13) through (17) as
paragraphs (14) through (18), respectively; and
(4) by inserting after paragraph (12) the following:
``(13) Natural water recharge infrastructure.--The term
`natural water recharge infrastructure' means a single project,
a number of distributed projects across a watershed, or the
redesign and replacement, or removal, of built infrastructure
to incorporate natural aquatic elements, in which the project--
``(A) uses natural materials appropriate to the
specific site and landscape setting;
``(B) mimics natural riverine, floodplain,
riparian, wetland, hydrologic, or other ecological
processes; and
``(C) results in aquifer recharge, transient
floodplain water retention, or restoration of water in
the landscape such that the water returns to a wetland,
riparian area, or surface water channel.''.
(b) Research Agreements.--Section 9504(b)(1) of the Omnibus Public
Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``nonprofit conservation organization,'' before ``or
organization'';
(2) in subparagraph (B), by striking ``or'' at the end;
(3) by redesignating subparagraph (C) as subparagraph (D);
and
(4) by inserting after subparagraph (B) the following:
``(C) to increase natural water recharge
infrastructure; or''.
(c) Water Management Improvement.--Section 9504(e) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$530,000,000'' and inserting ``$700,000,000, subject to the
condition that $50,000,000 of that amount shall be used to carry out
section 206 of the Energy and Water Development and Related Agencies
Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.
(d) Conforming Amendment.--Section 4009(d) of Public Law 114-322
(42 U.S.C. 10364 note) is amended by striking ``on the condition that
of that amount, $50,000,000 of it is used to carry out section 206 of
the Energy and Water Development and Related Agencies Appropriation
Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.
SEC. 102. EMERGENCY DROUGHT FUNDING.
(a) Authorization of Appropriations.--Section 301 of the
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.
2241) is amended--
(1) by striking ``120,000,000'' and inserting
``180,000,000''; and
(2) by striking ``2020'' and inserting ``2025, of which not
more than $30,000,000 shall be made available during that
period for the conduct of actions authorized under title I of
the Reclamation States Emergency Drought Relief Act of 1991 (43
U.S.C. 2211 et seq.) to benefit imperiled fish and wildlife''.
(b) Applicable Period of Drought Program.--Section 104 of the
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.
2214) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--The programs and authorities established under
this title shall become operative in any Reclamation State and in the
State of Hawaii only--
``(1) after the Governor or Governors of the affected State
or States, or the governing body of an affected Indian Tribe
with respect to a reservation, has made a request for temporary
drought assistance and the Secretary has determined that the
temporary assistance is merited;
``(2) after a drought emergency has been declared by the
Governor or Governors of the affected State or States; or
``(3) on approval of a drought contingency plan as provided
in title II.''.
(c) Reauthorization.--Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by
striking ``2020'' and inserting ``2030''.
SEC. 103. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE REAUTHORIZATION.
Section 9106 of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1304) is amended--
(1) in subsection (c)(4), by striking ``2 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Resources'' and inserting ``December 31, 2020,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources''; and
(2) in subsection (g)(2)--
(A) by striking ``$6,000,000'' and inserting ``such
sums as may be necessary''; and
(B) by striking ``2010 through 2019'' and inserting
``2020 through 2029''.
TITLE II--GROUNDWATER MANAGEMENT
SEC. 201. REAUTHORIZATION AND EXPANSION OF THE TRANSBOUNDARY AQUIFER
ASSESSMENT PROGRAM.
(a) Designation of Priority Transboundary Aquifers.--Section
4(c)(2) of the United States-Mexico Transboundary Aquifer Assessment
Act (42 U.S.C. 1962 note; Public Law 109-448) is amended by striking
``New Mexico or Texas'' and inserting ``New Mexico, Texas, or Arizona
(other than an aquifer underlying Arizona and Sonora, Mexico, that is
partially within the Yuma groundwater basin designated by the order of
the Director of the Arizona Department of Water Resources dated June
21, 1984)''.
(b) Reauthorization.--
(1) Authorization of appropriations.--Section 8(a) of the
United States-Mexico Transboundary Aquifer Assessment Act (42
U.S.C. 1962 note; Public Law 109-448) is amended by striking
``fiscal years 2007 through 2016'' and inserting ``fiscal years
2021 through 2029''.
(2) Sunset of authority.--Section 9 of the United States-
Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962
note; Public Law 109-448) is amended by striking ``enactment of
this Act'' and inserting ``enactment of the Western Water
Security Act of 2020''.
SEC. 202. GROUNDWATER MANAGEMENT ASSESSMENT AND IMPROVEMENT.
Section 9504(a) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10364(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or carrying out any activity'' after ``any
improvement'';
(B) by striking subparagraphs (A) through (E);
(C) by redesignating subparagraphs (F) through (H)
as subparagraphs (B) through (D), respectively;
(D) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) to assist States and water users in complying
with interstate compacts through temporary, voluntary,
and compensated transactions that decrease consumptive
water use at a regional or watershed scale;'';
(E) in subparagraph (B) (as so redesignated), by
striking ``to prevent'' and inserting ``to achieve the
prevention of'';
(F) in subparagraph (C) (as so redesignated), by
striking ``to accelerate'' and inserting ``to achieve
the acceleration of''; and
(G) in subparagraph (D) (as so redesignated)--
(i) by striking clause (i) and inserting
the following:
``(i) to increase ecological resilience to
climate change, including by enhancing natural
water recharge infrastructure within a
floodplain or riparian wetland, by addressing
climate-related impacts or vulnerability to the
water supply of the United States;'';
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) to plan for or address the impacts
of drought.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Eligible projects.--The improvements or activities
eligible for assistance under paragraph (1) may include
improvements or activities--
``(A) using an approach--
``(i) to conserve water;
``(ii) to increase water use efficiency;
``(iii) to facilitate water markets; or
``(iv) to enhance water management,
including increasing the use of renewable
energy in the management and delivery of water
or increasing natural water recharge
infrastructure;
``(B) to improve the condition of natural water
recharge infrastructure; or
``(C) to achieve the acceleration of the adoption
and use of advanced water treatment technologies to
increase water supply.''; and
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (B)(i), by striking subclause
(II) and inserting the following:
``(II) to use the assistance
provided under a grant or agreement to
increase the consumptive use of water
for agricultural operations above the
pre-project levels, as determined
pursuant to the law of the State in
which the operation of the eligible
applicant is located.''; and
(B) in subparagraph (E)--
(i) by striking clause (i) and inserting
the following:
``(i) Federal share.--
``(I) In general.--Except as
provided in subclause (II), the Federal
share of the cost of any infrastructure
improvement or activity that is the
subject of a grant or other agreement
entered into between the Secretary and
an eligible applicant under paragraph
(1) shall not exceed 50 percent of the
cost of the infrastructure improvement
or activity.
``(II) Increased federal share for
certain infrastructure improvements and
activities.--
``(aa) In general.--The
Federal share of the cost of an
infrastructure improvement or
activity described in item (bb)
shall not exceed 75 percent of
the cost of the infrastructure
improvement or activity.
``(bb) Infrastructure
improvements and activities
described.--An infrastructure
improvement or activity
referred to in item (aa) is an
infrastructure improvement or
activity that provides benefits
to consumptive water users and
nonconsumptive ecological or
recreational values in which--
``(AA) in the case
of an infrastructure
improvement or activity
that conserves water,
the conserved water is
returned to a surface
water source with
ecological or
recreational benefits;
or
``(BB) in the case
of other infrastructure
improvements or
activities, the
majority of the
benefits are
nonconsumptive
ecological or
recreational
benefits.''; and
(ii) in clause (ii), in the matter
preceding subclause (I), by striking
``paragraph (2)'' and inserting ``paragraph
(3)''.
SEC. 203. SURFACE AND GROUNDWATER WATER AVAILABILITY AND THE ENERGY
NEXUS.
Section 9508(d)(3) of the Omnibus Public Land Management Act of
2009 (42 U.S.C. 10368(d)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the semicolon and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) oil, gas, and mineral development under the
Mineral Leasing Act (30 U.S.C. 181 et seq.), the Act of
May 11, 1938 (commonly known as the `Indian Mineral
Leasing Act of 1938') (25 U.S.C. 396a et seq.),
sections 2319 through 2344 of the Revised Statutes
(commonly known as the `Mining Law of 1872') (30 U.S.C.
22 et seq.), and the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.);''.
TITLE III--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION
SEC. 301. DEFINITIONS.
In this title:
(1) Basin.--The term ``Basin''--
(A) is limited to areas within the State; and
(B) means each of--
(i) the Upper Rio Grande Basin;
(ii) the Middle Rio Grande Basin;
(iii) the Lower Rio Grande Basin;
(iv) the Lower Pecos River Basin;
(v) the Gila River Basin;
(vi) the Canadian River Basin;
(vii) the San Francisco River Basin; and
(viii) the San Juan River Basin.
(2) District.--The term ``District'' means--
(A) the Middle Rio Grande Conservancy District;
(B) the Elephant Butte Irrigation District;
(C) the Carlsbad Irrigation District;
(D) the Arch Hurley Conservancy District;
(E) the Pecos Valley Artesian Conservation
District; or
(F) the San Juan Water Commission.
(3) Pueblo.--The term ``Pueblo'' means each of the
following pueblos in the State:
(A) Cochiti.
(B) Santo Domingo.
(C) San Felipe.
(D) Santa Ana.
(E) Sandia.
(F) Isleta.
SEC. 302. WATER ACQUISITION PROGRAM.
(a) Authorization.--The Secretary, acting through the Commissioner
of Reclamation, shall carry out in the Basins a water acquisition
program in coordination with the other appropriate Federal agencies,
State agencies, and non-Federal stakeholders, under which the Secretary
shall--
(1) make acquisitions, or assist the State or a District in
making acquisitions, of water in the Basins by lease or
purchase of water rights or contractual entitlements from
willing lessors or sellers, consistent with section 8 of the
Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact,
and applicable State law relating to the acquisition and
administration of water rights; and
(2) take any other actions, consistent with section 8 of
the Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande
Compact, and applicable State law, that the Secretary
determines would achieve the purposes of the water acquisition
program described in subsection (b).
(b) Purposes.--The purposes of the water acquisition program are--
(1) to enhance stream flow to benefit fish and wildlife
(including endangered species), water quality, and river
ecosystem restoration in the Basins;
(2) to enhance stewardship and conservation of working
land, water, and watersheds in the Basins, consistent with the
purpose described in paragraph (1); and
(3) to address water supply-demand imbalances in the
Basins, consistent with State law and the purpose described in
paragraph (1).
(c) Coordination.--To assist in developing and administering the
program, the Secretary may provide funds to the State, a District, or a
federally established nonprofit entity with particular expertise in
western water transactions.
(d) District Projects.--Subject to the Rio Grande Compact and
applicable State law, the Secretary may develop programs to provide--
(1) cost-share assistance to a District to reduce water
depletions by agricultural producers and irrigators in that
District by making irrigation system improvements and
increasing system efficiency;
(2) incentives to a District for the establishment of a
water leasing program from willing lessors for agricultural
producers and irrigators in that District to temporarily lease
pre-1907 water rights (instead of permanent severance from
irrigable land) for the purpose of providing benefits to
species listed as threatened or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and other river
ecosystem benefits; and
(3) cost-share assistance to a District to implement
infrastructure or operational changes that will allow for
effective management of a leasing program, while maintaining
adequate water deliveries to other agricultural producers and
irrigators.
SEC. 303. MIDDLE RIO GRANDE WATER CONSERVATION.
(a) In General.--The Secretary, in cooperation with a District and
in consultation with the Pueblos, may provide funding and technical
assistance for the installation of metering and measurement devices and
the construction of check structures on irrigation diversions, canals,
laterals, ditches, and drains--
(1) to ensure the conservation and efficient use of water
within that District by--
(A) reducing actual consumptive use; or
(B) not increasing the use of water; and
(2) to improve the measurement and allocation of water,
including water acquired through the water acquisition program
established under section 302.
(b) Rio Grande, San Acacia, and Isleta Reaches.--
(1) In general.--The Secretary shall provide for the
development of a comprehensive plan for the San Acacia and
Isleta reaches to plan, design, permit, construct, and
prioritize projects that balance river maintenance, water
availability, use, and delivery, and ecosystem benefits,
including--
(A) planning, permitting, and construction of a
pumping station at Bosque del Apache National Wildlife
Refuge for the purpose of more efficiently using water
to provide--
(i) a stable supply for the Refuge; and
(ii) an efficient and reliable supply of
water to the Rio Grande for the benefit of the
endangered silvery minnow and Southwestern
willow flycatcher;
(B) planning, permitting, and construction of a
river channel realignment project near the Rio Grande
mile-83 for the purpose of conveying water and sediment
through the reach to Elephant Butte Reservoir and
addressing river channel aggradation while maintaining
floodplain connectivity during the snowmelt runoff;
(C) planning, permitting, and construction of a
controlled outlet for the low flow conveyance channel
to the Rio Grande between Fort Craig, New Mexico, and
Rio Grande mile-60 for the purpose of water use and
delivery, enhancement and development of habitat areas,
and possible creation of a single-channel river
ecosystem; and
(D) development of a Lower Reach plan--
(i) to identify additional projects and
maintenance activities with water use, sediment
management, and delivery and ecosystem
benefits; and
(ii) to prioritize implementation of all
projects and activities.
(2) Public participation.--In carrying out this subsection,
the Secretary shall provide a process for public participation
and comment during plan development and alternative analysis.
SEC. 304. SUSTAINING BIODIVERSITY DURING DROUGHTS.
Section 9503(b) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(b)) is amended--
(1) in paragraph (3)(D), by inserting ``and native
biodiversity'' after ``wildlife habitat''; and
(2) in paragraph (4)(B), by inserting ``and drought
biodiversity plans to address sustaining native biodiversity
during periods of drought'' after ``restoration plans''.
SEC. 305. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
Section 6002(g)(4) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 1015a(g)(4)) is amended by striking ``2020'' and
inserting ``2031''.
TITLE IV--EFFECT ON EXISTING LAW
SEC. 401. EFFECT ON EXISTING LAW.
(a) In General.--An action taken by the Secretary or another entity
under this Act or an amendment made by this Act shall comply with
applicable State laws in effect on the date of enactment of this Act.
(b) State Law.--Nothing in this Act or an amendment made by this
Act affects, is intended to affect, or interferes with a law of the
State relating to the control, appropriation, use, or distribution of
water, or any vested right acquired under the law.
(c) Rio Grande Compact.--Nothing in this Act or an amendment made
by this Act affects or is intended to affect or interfere with any
obligation of a State under the Rio Grande Compact or any litigation
relating to the Rio Grande Compact.
Union Calendar No. 558
116th CONGRESS
2d Session
H. R. 4891
[Report No. 116-674, Part I]
_______________________________________________________________________
A BILL
To provide for the conduct of certain water security measures in the
Western United States, and for other purposes.
_______________________________________________________________________
December 18, 2020
Reported from the Committee on Natural Resources with an amendment
December 18, 2020
Committee on Science, Space, and Technology discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed