109th CONGRESS
2d Session
H. R. 6308
To authorize the Secretary of the Interior to provide financial
assistance to the Eastern New Mexico Rural Water Authority for the planning,
design, and construction of the Eastern New Mexico Rural Water System, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 29, 2006
Mr. UDALL of New Mexico introduced the following bill; which was referred
to the Committee on Resources
A BILL
To authorize the Secretary of the Interior to provide financial
assistance to the Eastern New Mexico Rural Water Authority for the planning,
design, and construction of the Eastern New Mexico Rural Water System, 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.
This Act may be cited as the `Eastern New Mexico Rural Water System Act
of 2006'.
SEC. 2. DEFINITIONS.
(1) AUTHORITY- The term `Authority' means the Eastern New Mexico Rural
Water Authority, an entity formed under State law for the purposes of
planning, financing, developing, and operating the System.
(2) PLAN- The term `plan' means the operation, maintenance, and replacement
plan required by section 4(b).
(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(4) STATE- The term `State' means the State of New Mexico.
(A) IN GENERAL- The term `System' means the Eastern New Mexico Rural
Water System, a water delivery project designed to deliver approximately
16,500 acre-feet of water per year from the Ute Reservoir to the cities
of Clovis, Elida, Grady, Melrose, Portales, and Texico and other locations
in Curry and Roosevelt Counties in the State.
(B) INCLUSIONS- The term `System' includes--
(i) the intake structure at Ute Reservoir;
(ii) a water treatment, administration, and maintenance facility with--
(I) a 30,000,000 gallon per day average peak capacity; and
(II) a 15,000,000 gallon per day average capacity;
(iii) approximately 155 miles of transmission and lateral pipelines
and tunnels that range in size from 4 to 60 inches in diameter;
(iv) 3 pumping stations, including--
(I) a raw water pump station at Ute Reservoir;
(II) a booster pump station at the `Caprock' escarpment; and
(III) a booster pump station to Elida; and
(v) any associated appurtenances.
(6) UTE RESERVOIR- The term `Ute Reservoir' means the impoundment of water
created in 1962 by the construction of the Ute Dam on the Canadian River,
located approximately 32 miles upstream of the border between New Mexico
and Texas.
SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.
(a) Financial Assistance-
(1) IN GENERAL- The Secretary may provide financial and technical assistance
to the Authority to assist in planning, designing, conducting related
preconstruction activities for, and constructing the System.
(A) IN GENERAL- Any financial assistance provided under paragraph (1)
shall be obligated and expended only in accordance with a cooperative
agreement entered into under section 5(a)(2).
(B) LIMITATIONS- Financial assistance provided under paragraph (1) shall
not be used--
(i) for any activity that is inconsistent with constructing the System;
or
(ii) to plan or construct facilities used to supply irrigation water
for agricultural purposes.
(b) Cost-Sharing Requirement-
(1) IN GENERAL- The Federal share of the total cost of any activity or
construction carried out using amounts made available under this Act shall
be not more than 75 percent of the total cost of the System.
(2) SYSTEM DEVELOPMENT COSTS- For purposes of paragraph (1), the total
cost of the System shall include any costs incurred by the Authority on
or after October 1, 2003, for the development of the System.
(c) Limitation- No amounts made available under this Act may be used for
the construction of the System until--
(1) a plan is developed under section 4(b); and
(2) the Secretary and the Authority have complied with any requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applicable to the System.
(d) Title to Project Works- Title to the infrastructure of the System shall
be held by the Authority or as may otherwise be specified under State law.
SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General- The Authority shall be responsible for the annual operation,
maintenance, and replacement costs associated with the System.
(b) Operation, Maintenance, and Replacement Plan- The Authority, in consultation
with the Secretary, shall develop an operation, maintenance, and replacement
plan that establishes the rates and fees for beneficiaries of the System
in the amount necessary to ensure that the System is properly maintained
and capable of delivering approximately 16,500 acre-feet of water per year.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements-
(1) IN GENERAL- The Secretary may enter into any contract, grant, cooperative
agreement, or other agreement that is necessary to carry out this Act.
(2) COOPERATIVE AGREEMENT FOR PROVISION OF FINANCIAL ASSISTANCE-
(A) IN GENERAL- The Secretary shall enter into a cooperative agreement
with the Authority to provide financial assistance or any other assistance
requested by the Authority for planning, design, related preconstruction
activities, and construction of the System.
(B) REQUIREMENTS- The cooperative agreement entered into under subparagraph
(A) shall, at a minimum, specify the responsibilities of the Secretary
and the Authority with respect to--
(i) ensuring that the cost-share requirements established by section
3(b) are met;
(ii) completing the planning and final design of the System;
(iii) any environmental and cultural resource compliance activities
required for the System; and
(iv) the construction of the System.
(b) Technical Assistance- At the request of the Authority, the Secretary
may provide to the Authority any technical assistance that is necessary
to assist the Authority in planning, designing, constructing, and operating
the System.
(c) Biological Assessment- The Secretary shall consult with the New Mexico
Interstate Stream Commission and the Authority in preparing any biological
assessment under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
that may be required for planning and constructing the System.
(d) Effect- Nothing in this Act--
(1) affects or preempts--
(B) an interstate compact relating to the allocation of water; or
(2) confers on any non-Federal entity the ability to exercise any Federal
rights to--
(A) the water of a stream; or
(B) any groundwater resource.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to the Secretary
such sums as are necessary to carry out this Act.
(b) Nonreimbursable Amounts- Amounts made available to the Authority in
accordance with the cost-sharing requirement under section 3(b) shall be
nonreimbursable and nonreturnable to the United States.
(c) Availability of Funds- At the end of each fiscal year, any unexpended
funds appropriated pursuant to this Act shall be retained for use in future
fiscal years consistent with this Act.
END
