PUBLIC LAW 109–448—DEC. 22, 2006

UNITED STATES-MEXICO TRANSBOUNDARY

AQUIFER ASSESSMENT ACT

120 STAT. 3328 PUBLIC LAW 109–448—DEC. 22, 2006

Public Law 109–448

109th Congress

An Act

To authorize the Secretary of the Interior to cooperate with the States on the

border with Mexico and other appropriate entities in conducting a hydrogeologic

characterization, mapping, and modeling program for priority transboundary

aquifers, 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 ‘‘United States-Mexico

Transboundary Aquifer Assessment Act’’.

SEC. 2. PURPOSE.

The purpose of this Act is to direct the Secretary of the Interior

to establish a United States-Mexico transboundary aquifer assessment program to systematically assess priority transboundary

aquifers.

SEC. 3. DEFINITIONS.

In this Act:

(1) AQUIFER.—The term ‘‘aquifer’’ means a subsurface

water-bearing geologic formation from which significant quantities of water may be extracted.

(2) IBWC.—The term ‘‘IBWC’’ means the International

Boundary and Water Commission, an agency of the Department

of State.

(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means an

Indian tribe, band, nation, or other organized group or

community—

(A) that is recognized as eligible for the special programs and services provided by the United States to

Indians because of their status as Indians; and

(B) the reservation of which includes a transboundary

aquifer within the exterior boundaries of the reservation.

(4) PARTICIPATING STATE.—The term ‘‘Participating State’’

means each of the States of Arizona, New Mexico, and Texas.

(5) PRIORITY TRANSBOUNDARY AQUIFER.—The term ‘‘priority

transboundary aquifer’’ means a transboundary aquifer that

has been designated for study and analysis under the program.

(6) PROGRAM.—The term ‘‘program’’ means the United

States-Mexico transboundary aquifer assessment program

established under section 4(a).

(7) RESERVATION.—The term ‘‘reservation’’ means land that

has been set aside or that has been acknowledged as having

been set aside by the United States for the use of an Indian

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United StatesMexico

Transboundary

Aquifer

Assessment Act.

Dec. 22, 2006

[S. 214]

PUBLIC LAW 109–448—DEC. 22, 2006 120 STAT. 3329

tribe, the exterior boundaries of which are more particularly

defined in a final tribal treaty, agreement, executive order,

Federal statute, secretarial order, or judicial determination.

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior, acting through the Director of the United States

Geological Survey.

(9) TRANSBOUNDARY AQUIFER.—The term ‘‘transboundary

aquifer’’ means an aquifer that underlies the boundary between

a Participating State and Mexico.

(10) TRI-REGIONAL PLANNING GROUP.—The term ‘‘TriRegional Planning Group’’ means the binational planning group

comprised of—

(A) the Junta Municipal de Agua y Saneamiento de

Ciudad Juarez;

(B) the El Paso Water Utilities Public Service Board;

and

(C) the Lower Rio Grande Water Users Organization.

(11) WATER RESOURCES RESEARCH INSTITUTES.—The term

‘‘water resources research institutes’’ means the institutes

within the Participating States established under section 104

of the Water Resources Research Act of 1984 (42 U.S.C. 10303).

SEC. 4. ESTABLISHMENT OF PROGRAM.

(a) IN GENERAL.—The Secretary, in consultation and cooperation with the Participating States, the water resources research

institutes, Sandia National Laboratories, and other appropriate

entities in the United States and Mexico, and the IBWC, as appropriate, shall carry out the United States-Mexico transboundary

aquifer assessment program to characterize, map, and model priority transboundary aquifers along the United States-Mexico border

at a level of detail determined to be appropriate for the particular

aquifer.

(b) OBJECTIVES.—The objectives of the program are to—

(1) develop and implement an integrated scientific approach

to identify and assess priority transboundary aquifers,

including—

(A) for purposes of subsection (c)(2), specifying priority

transboundary aquifers for further analysis by assessing—

(i) the proximity of a proposed priority

transboundary aquifer to areas of high population density;

(ii) the extent to which a proposed priority

transboundary aquifer would be used;

(iii) the susceptibility of a proposed priority

transboundary aquifer to contamination; and

(iv) any other relevant criteria;

(B) evaluating all available data and publications as

part of the development of study plans for each priority

transboundary aquifer;

(C) creating a new, or enhancing an existing,

geographic information system database to characterize the

spatial and temporal aspects of each priority transboundary

aquifer; and

(D) using field studies, including support for and

expansion of ongoing monitoring and metering efforts, to

develop—

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120 STAT. 3330 PUBLIC LAW 109–448—DEC. 22, 2006

(i) the additional data necessary to adequately

define aquifer characteristics; and

(ii) scientifically sound groundwater flow models

to assist with State and local water management and

administration, including modeling of relevant groundwater and surface water interactions;

(2) consider the expansion or modification of existing agreements, as appropriate, between the United States Geological

Survey, the Participating States, the water resources research

institutes, and appropriate authorities in the United States

and Mexico, to—

(A) conduct joint scientific investigations;

(B) archive and share relevant data; and

(C) carry out any other activities consistent with the

program; and

(3) produce scientific products for each priority

transboundary aquifer that—

(A) are capable of being broadly distributed; and

(B) provide the scientific information needed by water

managers and natural resource agencies on both sides of

the United States-Mexico border to effectively accomplish

the missions of the managers and agencies.

(c) DESIGNATION OF PRIORITY TRANSBOUNDARY AQUIFERS.—

(1) IN GENERAL.—For purposes of the program, the Secretary shall designate as priority transboundary aquifers—

(A) the Hueco Bolson and Mesilla aquifers underlying

parts of Texas, New Mexico, and Mexico;

(B) the Santa Cruz River Valley aquifers underlying

Arizona and Sonora, Mexico; and

(C) the San Pedro aquifers underlying Arizona and

Sonora, Mexico.

(2) ADDITIONAL AQUIFERS.—The Secretary may, using the

criteria under subsection (b)(1)(A), evaluate and designate additional priority transboundary aquifers which underlie New

Mexico or Texas.

(d) COOPERATION WITH MEXICO.—To ensure a comprehensive

assessment of priority transboundary aquifers, the Secretary shall,

to the maximum extent practicable, work with appropriate Federal

agencies and other organizations to develop partnerships with, and

receive input from, relevant organizations in Mexico to carry out

the program.

(e) GRANTS AND COOPERATIVE AGREEMENTS.—The Secretary

may provide grants or enter into cooperative agreements and other

agreements with the water resources research institutes and other

Participating State entities to carry out the program.

SEC. 5. IMPLEMENTATION OF PROGRAM.

(a) COORDINATION WITH STATES, TRIBES, AND OTHER ENTITIES.—The Secretary shall coordinate the activities carried out

under the program with—

(1) the appropriate water resource agencies in the Participating States;

(2) any affected Indian tribes;

(3) any other appropriate entities that are conducting monitoring and metering activity with respect to a priority

transboundary aquifer; and

(4) the IBWC, as appropriate.

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PUBLIC LAW 109–448—DEC. 22, 2006 120 STAT. 3331

(b) NEW ACTIVITY.—After the date of enactment of this Act,

the Secretary shall not initiate any new field studies or analyses

under the program before consulting with, and coordinating the

activity with, any Participating State water resource agencies that

have jurisdiction over the aquifer.

(c) STUDY PLANS; COST ESTIMATES.— (1) IN GENERAL.—The Secretary shall work closely with

appropriate Participating State water resource agencies, water

resources research institutes, and other relevant entities to

develop a study plan, timeline, and cost estimate for each

priority transboundary aquifer to be studied under the program.

(2) REQUIREMENTS.—A study plan developed under paragraph (1) shall, to the maximum extent practicable—

(A) integrate existing data collection and analyses conducted with respect to the priority transboundary aquifer;

(B) if applicable, improve and strengthen existing

groundwater flow models developed for the priority

transboundary aquifer; and

(C) be consistent with appropriate State guidelines

and goals.

SEC. 6. EFFECT.

(a) IN GENERAL.—Nothing in this Act affects—

(1) the jurisdiction or responsibility of a Participating State

with respect to managing surface or groundwater resources

in the Participating State;

(2) the water rights of any person or entity using water

from a transboundary aquifer; or

(3) State water law, or an interstate compact or international treaty governing water.

(b) TREATY.—Nothing in this Act shall delay or alter the

implementation or operation of any works constructed, modified,

acquired, or used within the territorial limits of the United States

relating to the waters governed by the Treaty Between the United

States and Mexico Regarding Utilization of Waters of the Colorado

and Tijuana Rivers and of the Rio Grande, Treaty Series 994

(59 Stat. 1219).

SEC. 7. REPORTS.

Not later than 5 years after the date of enactment of this

Act, and on completion of the program in fiscal year 2016, the

Secretary shall submit to the appropriate water resource agency

in the Participating States, an interim and final report, respectively,

that describes—

(1) any activities carried out under the program;

(2) any conclusions of the Secretary relating to the status

of priority transboundary aquifers; and

(3) the level of participation in the program of entities

in Mexico.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to carry out this Act $50,000,000 for the period of fiscal years 2007

through 2016.

(b) DISTRIBUTION OF FUNDS.—Of the amounts made available

under subsection (a), 50 percent shall be made available to the

water resources research institutes to provide funding to appropriate entities in the Participating States (including Sandia

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120 STAT. 3332 PUBLIC LAW 109–448—DEC. 22, 2006

LEGISLATIVE HISTORY—S. 214:

SENATE REPORTS: No. 109–17 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 151 (2005): July 26, considered and passed Senate.

Vol. 152 (2006): Dec. 6, considered and passed House, amended.

Dec. 8, Senate concurred in House amendment.

Æ

National Laboratories, State agencies, universities, the Tri-Regional

Planning Group, and other relevant organizations) and to implement cooperative agreements entered into with appropriate entities

in Mexico to conduct specific authorized activities in furtherance

of the program, including the binational collection and exchange

of scientific data.

(c) CRITERIA.—Funding provided to an appropriate entity in

Mexico pursuant to subsection (b) shall be contingent on that entity

providing 50 percent of the necessary resources (including in-kind

services) to further assist in carrying out the authorized activity.

SEC. 9. SUNSET OF AUTHORITY.

The authority of the Secretary to carry out any provisions

of this Act shall terminate 10 years after the date of enactment

of this Act.

Approved December 22, 2006.

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