I 

116TH CONGRESS 

1ST SESSION H. R. 4891 

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. LUJA ́N, 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 

A BILL 

To provide for the conduct of certain water security measures 

in the Western United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Western Water Security Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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TITLE I—INFRASTRUCTURE AND WATER MANAGEMENT 

IMPROVEMENT 

Sec. 101. Watersmart extension and expansion. 

Sec. 102. Rural desalination. 

Sec. 103. Emergency drought funding. 

Sec. 104. 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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) RIO GRANDE COMPACT.—The term ‘‘Rio 

4 Grande Compact’’ means the compact approved by 

5 Congress under the Act of May 31, 1939 (53 Stat. 

6 785, chapter 155). 

7 (2) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (3) STATE.—The term ‘‘State’’ means the State 

10 of New Mexico. 


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1 TITLE I—INFRASTRUCTURE AND 

2 WATER MANAGEMENT IM3 PROVEMENT 

4 SEC. 101. WATERSMART EXTENSION AND EXPANSION. 

5 (a) DEFINITION OF ELIGIBLE APPLICANT.—Section 

6 9502 of the Omnibus Public Land Management Act of 

7 2009 (42 U.S.C. 10362) is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 striking ‘‘section’’ and inserting ‘‘subtitle’’; 

10 (2) by striking paragraph (7) and inserting the 

11 following: 

12 ‘‘(7) ELIGIBLE APPLICANT.—The term ‘eligible 

13 applicant’ means— 

14 ‘‘(A) any State, Indian tribe, irrigation dis15 trict, or water district; 

16 ‘‘(B) any State, regional, or local author17 ity, the members of which include one or more 

18 organizations with water or power delivery au19 thority; 

20 ‘‘(C) any other organization with water or 

21 power delivery authority; and 

22 ‘‘(D) any nonprofit conservation organiza23 tion.’’; 

24 (3) in paragraph (10), by striking ‘‘450b’’ and 

25 inserting ‘‘5304’’; 


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1 (4) by redesignating paragraphs (13) through 

2 (17) as paragraphs (14) through (18), respectively; 

3 and 

4 (5) by inserting after paragraph (12) the fol5 lowing: 

6 ‘‘(13) NATURAL WATER RECHARGE INFRA7 STRUCTURE.—The term ‘natural water recharge in8 frastructure’ means a single project, a number of 

9 distributed projects across a watershed, or the rede10 sign and replacement, or removal, of built infra11 structure to incorporate natural aquatic elements, in 

12 which the project— 

13 ‘‘(A) uses natural materials appropriate to 

14 the specific site and landscape setting; 

15 ‘‘(B) mimics natural riverine, floodplain, 

16 riparian, wetland, hydrologic, or other ecological 

17 processes; and 

18 ‘‘(C) results in aquifer recharge, transient 

19 floodplain water retention, or restoration of 

20 water in the landscape such that the water re21 turns to a wetland, riparian area, or surface 

22 water channel.’’. 

23 (b) RESEARCH AGREEMENTS.—Section 9504(b)(1) 

24 of the Omnibus Public Land Management Act of 2009 (42 

25 U.S.C. 10364(b)(1)) is amended— 


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1 (1) in the matter preceding subparagraph (A), 

2 by inserting ‘‘nonprofit conservation organization,’’ 

3 before ‘‘or organization’’; 

4 (2) in subparagraph (B), by striking ‘‘or’’ at 

5 the end; 

6 (3) by redesignating subparagraph (C) as sub7 paragraph (D); and 

8 (4) by inserting after subparagraph (B) the fol9 lowing: 

10 ‘‘(C) to increase natural water recharge in11 frastructure; or’’. 

12 (c) WATER MANAGEMENT IMPROVEMENT.—Section 

13 9504(e) of the Omnibus Public Land Management Act of 

14 2009 (42 U.S.C. 10364(e)) is amended by striking 

15 ‘‘$480,000,000’’ and inserting ‘‘$650,000,000, subject to 

16 the condition that $50,000,000 of that amount shall be 

17 used to carry out section 206 of the Energy and Water 

18 Development and Related Agencies Appropriations Act, 

19 2015 (43 U.S.C. 620 note; Public Law 113–235)’’. 

20 (d) CONFORMING AMENDMENT.—Section 4009(d) of 

21 Public Law 114–322 (42 U.S.C. 10364 note) is amended 

22 by striking ‘‘on the condition that of that amount, 

23 $50,000,000 of it is used to carry out section 206 of the 

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1 propriation Act, 2015 (43 U.S.C. 620 note; Public Law 

2 113–235)’’. 

3 SEC. 102. RURAL DESALINATION. 

4 Section 4(a) of the Water Desalination Act of 1996 

5 (42 U.S.C. 10301 note; Public Law 104–298) is amended 

6 by striking the second paragraph (1) (relating to projects) 

7 and inserting the following: 

8 ‘‘(2) PROJECTS.— 

9 ‘‘(A) DEFINITIONS.—In this paragraph: 

10 ‘‘(i) ELIGIBLE DESALINATION

11 PROJECT.—The term ‘eligible desalination 

12 project’ means any project located in a 

13 Reclamation State, or for which the con14 struction, operation, sponsorship, or fund15 ing is the responsibility of, and the pri16 mary water supply benefit accrues to, one 

17 or more entities in a Reclamation State, 

18 that— 

19 ‘‘(I) involves an ocean or brack20 ish water desalination facility— 

21 ‘‘(aa) constructed, operated, 

22 and maintained by a State, In23 dian Tribe, irrigation district, 

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1 tion with water or power delivery 

2 authority; or 

3 ‘‘(bb) sponsored or funded 

4 by any combination of a State, 

5 department of a State, political 

6 subdivision of a State, or public 

7 agency organized pursuant to 

8 State law, including through— 

9 ‘‘(AA) direct sponsor10 ship or funding; or 

11 ‘‘(BB) indirect sponsor12 ship or funding, such as by 

13 paying for the water pro14 vided by the facility; and 

15 ‘‘(II) provides a Federal benefit 

16 in accordance with the reclamation 

17 laws. 

18 ‘‘(ii) RURAL DESALINATION

19 PROJECT.—The term ‘rural desalination 

20 project’ means an eligible desalination 

21 project that is designed to serve a commu22 nity or group of communities, each of 

23 which has a population of not more than 

24 40,000 inhabitants. 

25 ‘‘(B) COST-SHARING REQUIREMENT.— 


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1 ‘‘(i) IN GENERAL.—Subject to the re2 quirements of this subsection and notwith3 standing section 7, the Federal share of an 

4 eligible desalination project carried out 

5 under this subsection shall be— 

6 ‘‘(I) not more than 25 percent of 

7 the total cost of the eligible desalina8 tion project; or 

9 ‘‘(II) in the case of a rural de10 salination project, the applicable per11 centage determined in accordance 

12 with clause (ii). 

13 ‘‘(ii) RURAL DESALINATION

14 PROJECTS.— 

15 ‘‘(I) COST-SHARING REQUIRE16 MENT FOR APPRAISAL STUDIES.— 

17 Subject to subclause (IV), in the case 

18 of a rural desalination project carried 

19 out under this subsection, the Federal 

20 share of the cost of appraisal studies 

21 for the rural desalination project shall 

22 be— 

23 ‘‘(aa) 100 percent of the 

24 total costs of the appraisal stud25 ies, up to $200,000; and 


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1 ‘‘(bb) if the total costs of 

2 the appraisal studies are more 

3 than $200,000, 50 percent of any 

4 amounts over $200,000. 

5 ‘‘(II) COST-SHARING REQUIRE6 MENT FOR FEASIBILITY STUDIES.— 

7 Subject to subclause (IV), in the case 

8 of a rural desalination project carried 

9 out under this subsection, the Federal 

10 share of the cost of feasibility studies 

11 for the rural desalination project shall 

12 be not more than 50 percent. 

13 ‘‘(III) COST-SHARING REQUIRE14 MENT FOR CONSTRUCTION COSTS.—In 

15 the case of a rural desalination project 

16 carried out under this subsection, the 

17 Federal share of the cost of construc18 tion of the rural desalination project 

19 shall be not more than 75 percent, 

20 unless— 

21 ‘‘(aa) the Secretary deter22 mines during the feasibility study 

23 phase, on a project-by-project 

24 basis, that the non-Federal share 

25 should be increased; or 


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1 ‘‘(bb) the Secretary deter2 mines that the non-Federal share 

3 should be reduced under sub4 clause (IV). 

5 ‘‘(IV) REDUCTION IN NON-FED6 ERAL SHARE.—The Secretary may re7 duce the non-Federal share of a rural 

8 desalination project required under 

9 subclause (I), (II), or (III) if the Sec10 retary determines, after consultation 

11 with the heads of any other Federal 

12 agencies that are partners in the rural 

13 desalination project and in accordance 

14 with applicable Reclamation stand15 ards, that the reduction is appropriate 

16 due to— 

17 ‘‘(aa) an overwhelming Fed18 eral interest in the rural desali19 nation project; and 

20 ‘‘(bb) the sponsor of the 

21 rural desalination project dem22 onstrating financial hardship. 

23 ‘‘(C) STATE ROLE.—Participation by the 

24 Secretary in an eligible desalination project 

25 under this subsection shall not occur unless— 


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1 ‘‘(i)(I) the eligible desalination project 

2 is included in a State-approved plan; or 

3 ‘‘(II) the participation has been re4 quested by the Governor of the State in 

5 which the eligible desalination project is lo6 cated; 

7 ‘‘(ii) the State or local sponsor of the 

8 eligible desalination project determines, 

9 and the Secretary concurs, that— 

10 ‘‘(I) the eligible desalination 

11 project— 

12 ‘‘(aa) is technically and fi13 nancially feasible; and 

14 ‘‘(bb) provides a Federal 

15 benefit in accordance with the 

16 reclamation laws; and 

17 ‘‘(II) the non-Federal project 

18 sponsor is financially capable of fund19 ing the non-Federal share of the 

20 project costs; and 

21 ‘‘(iii) the Secretary submits to Con22 gress a written notification of the deter23 minations under clause (ii) by not later 

24 than 30 days after the date of the deter25 minations. 


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1 ‘‘(D) ENVIRONMENTAL LAWS.—In partici2 pating in an eligible desalination project under 

3 this paragraph, the Secretary shall comply with 

4 all applicable environmental laws, including the 

5 National Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.). 

7 ‘‘(E) INFORMATION.—In participating in 

8 an eligible desalination project under this sub9 section, the Secretary— 

10 ‘‘(i) may rely on reports prepared by 

11 the sponsor of the eligible desalination 

12 project, including feasibility or equivalent 

13 studies, environmental analyses, and other 

14 pertinent reports and analyses; but 

15 ‘‘(ii) shall retain responsibility for 

16 making the independent determinations de17 scribed in subparagraph (C). 

18 ‘‘(F) FUNDING.— 

19 ‘‘(i) AUTHORIZATION OF APPROPRIA20 TIONS.—There is authorized to be appro21 priated to carry out this paragraph 

22 $65,000,000 for the period of fiscal years 

23 2020 through 2024, of which not less than 

24 $15,000,000 shall be made available durVerDate Sep 11 2014 04:01 Nov 01, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4891.IH H4891

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1 ing that period for rural desalination 

2 projects. 

3 ‘‘(ii) FUNDING OPPORTUNITY AN4 NOUNCEMENT.—The Commissioner of Rec5 lamation shall release a funding oppor6 tunity announcement for a grant program 

7 under this paragraph by not later than 75 

8 days after the date of enactment of an Act 

9 that provides funding for the program. 

10 ‘‘(iii) CONGRESSIONAL APPROVAL INI11 TIALLY REQUIRED.— 

12 ‘‘(I) IN GENERAL.—Each initial 

13 award under this paragraph for de14 sign and study, or for construction, of 

15 an eligible desalination project shall 

16 be approved in an appropriations Act. 

17 ‘‘(II) RECLAMATION REC18 OMMENDATIONS.—The Commissioner 

19 of Reclamation shall submit rec20 ommendations regarding the initial 

21 award of design and study funding 

22 and construction funding for consider23 ation under subclause (I) to— 

24 ‘‘(aa) the Committee on Ap25 propriations of the Senate; 


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1 ‘‘(bb) the Committee on En2 ergy and Natural Resources of 

3 the Senate; 

4 ‘‘(cc) the Committee on Ap5 propriations of the House of Rep6 resentatives; and 

7 ‘‘(dd) the Committee on 

8 Natural Resources of the House 

9 of Representatives. 

10 ‘‘(iv) SUBSEQUENT FUNDING

11 AWARDS.—After approval by Congress of 

12 an initial award of design and study fund13 ing or construction funding for an eligible 

14 desalination project under clause (iii), the 

15 Commissioner of Reclamation may award 

16 additional design and study funding or 

17 construction funding, respectively, for the 

18 eligible desalination project without further 

19 congressional approval.’’. 

20 SEC. 103. EMERGENCY DROUGHT FUNDING. 

21 (a) FINANCIAL ASSISTANCE.— 

22 (1) IN GENERAL.—Financial assistance may be 

23 made available under the Reclamation States Emer24 gency Drought Relief Act of 1991 (43 U.S.C. 2201 

25 et seq.) for eligible water projects to assist Western 


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1 States and Tribal governments to address drought2 related impacts to water supplies or any other imme3 diate water-related crisis or conflict, including 

4 through voluntary, temporary, and compensated pro5 grams to reduce water demands for the purpose of 

6 increasing water available in a system or reducing 

7 water supply-demand imbalances. 

8 (2) ADDITIONAL AVAILABILITY.—Financial as9 sistance may be made available under this sub10 section to organizations and entities with water de11 livery authority that are— 

12 (A) engaged in collaborative processes to 

13 restore the environment; or 

14 (B) part of a basin-wide solution for res15 toration. 

16 (3) TYPES OF ASSISTANCE.—Assistance under 

17 paragraph (1) may include a range of projects, in18 cluding— 

19 (A) the installation of pumps, temporary 

20 barriers, or operable gates for water diversion 

21 and fish protection; 

22 (B) the installation of drought-relief 

23 groundwater wells for Indian Tribes and in 

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1 sitive areas requiring emergency surface water 

2 flow augmentation; 

3 (C) the acquisition or assistance in the ac4 quisition of water from willing sellers, including 

5 on a voluntary, temporary, and compensated 

6 basis, to enhance stream flow for the benefit of 

7 fish and wildlife (including endangered species), 

8 water quality, river ecosystem restoration, and 

9 other beneficial purposes, to be carried out in 

10 accordance with the water acquisition program 

11 established under section 302; 

12 (D) agricultural and urban conservation 

13 and efficiency projects; 

14 (E) exchanges with any water district will15 ing to provide water to meet the emergency 

16 water needs of other water districts in return 

17 for the delivery of equivalent quantities of water 

18 later that year or in future years; 

19 (F) maintenance of cover crops to prevent 

20 public health impacts from severe dust storms; 

21 (G) emergency pumping projects for crit22 ical health and safety purposes; 

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1 ronmental restoration and settlement of water 

2 rights claims; 

3 (I) the use of new or innovative on-farm 

4 water conservation technologies or methods that 

5 may— 

6 (i) assist in sustaining permanent 

7 crops in areas with severe water shortages; 

8 and 

9 (ii) make water available for other 

10 beneficial uses, provided that the assist11 ance cannot be used to increase the con12 sumptive use of water or increase deple13 tions under an interstate compact, as de14 termined in accordance with the applicable 

15 laws of the State in which the eligible 

16 project is located; 

17 (J) activities that protect, restore, or en18 hance fish and wildlife habitat or otherwise im19 prove environmental conditions, including water 

20 quantity or quality concerns and improved fish 

21 passage; 

22 (K) activities reducing or preventing 

23 groundwater depletion or promoting ground24 water recharge; 


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1 (L) technical assistance to improve existing 

2 irrigation practices to provide water supply ben3 efits; 

4 (M) the investigation of, and pilot projects 

5 for, brackish water development and aquifer 

6 storage and recovery; 

7 (N) the lining of irrigation ditches and ca8 nals to reduce water loss and improve effi9 ciency; 

10 (O) assistance to municipal water manage11 ment entities for water supply planning in prep12 aration for and in response to dry, critically 

13 dry, and below normal water years, including— 

14 (i) hydrological forecasting; 

15 (ii) identification of alternative water 

16 supply sources; and 

17 (iii) guidance on potential water 

18 transfer partners; and 

19 (P) any other assistance the Secretary de20 termines to be necessary— 

21 (i) to increase available water sup22 plies; 

23 (ii) to reduce water supply-demand 

24 imbalances in a hydrologic system; 


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1 (iii) to maintain the health of river 

2 ecosystems; or 

3 (iv) to mitigate drought impacts. 

4 (4) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated to provide fi6 nancial assistance under this subsection not more 

7 than $180,000,000 for the period of fiscal years 

8 2006 through 2024, of which not more than 

9 $30,000,000 shall be made available during that pe10 riod for the conduct of actions authorized under title 

11 I of the Reclamation States Emergency Drought Re12 lief Act of 1991 (43 U.S.C. 2211 et seq.) to benefit 

13 imperiled fish and wildlife. 

14 (b) APPLICABLE PERIOD OF DROUGHT PROGRAM.— 

15 Section 104 of the Reclamation States Emergency 

16 Drought Relief Act of 1991 (43 U.S.C. 2214) is amended 

17 by striking subsection (a) and inserting the following: 

18 ‘‘(a) IN GENERAL.—The programs and authorities 

19 established under this title shall become operative in any 

20 Reclamation State and in the State of Hawaii only— 

21 ‘‘(1) after the Governor or Governors of the af22 fected State or States, or the governing body of an 

23 affected Indian Tribe with respect to a reservation, 

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1 ance and the Secretary has determined that the tem2 porary assistance is merited; 

3 ‘‘(2) after a drought emergency has been de4 clared by the Governor or Governors of the affected 

5 State or States; or 

6 ‘‘(3) on approval of a drought contingency plan 

7 as provided in title II.’’. 

8 (c) REAUTHORIZATION.—Section 104(c) of the Rec9 lamation States Emergency Drought Relief Act of 1991 

10 (43 U.S.C. 2214(c)) is amended by striking ‘‘2020’’ and 

11 inserting ‘‘2030’’. 

12 SEC. 104. RIO GRANDE PUEBLO IRRIGATION INFRASTRUC13 TURE REAUTHORIZATION. 

14 Section 9106 of the Omnibus Public Land Manage15 ment Act of 2009 (Public Law 111–11; 123 Stat. 1304) 

16 is amended— 

17 (1) in subsection (c)(4), by striking ‘‘2 years 

18 after the date of enactment of this Act, the Sec19 retary shall submit to the Committee on Energy and 

20 Natural Resources of the Senate and the Committee 

21 on Resources’’ and inserting ‘‘December 31, 2020, 

22 the Secretary shall submit to the Committee on En23 ergy and Natural Resources of the Senate and the 

24 Committee on Natural Resources’’; and 


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1 (2) in subsection (g)(2), by striking ‘‘2010 

2 through 2019’’ and inserting ‘‘2019 through 2029’’. 

3 TITLE II—GROUNDWATER 

4 MANAGEMENT 

5 SEC. 201. REAUTHORIZATION AND EXPANSION OF THE 

6 TRANSBOUNDARY AQUIFER ASSESSMENT 

7 PROGRAM. 

8 (a) DESIGNATION OF PRIORITY TRANSBOUNDARY

9 AQUIFERS.—Section 4(c)(2) of the United States-Mexico 

10 Transboundary Aquifer Assessment Act (42 U.S.C. 1962 

11 note; Public Law 109–448) is amended by striking ‘‘New 

12 Mexico or Texas’’ and inserting ‘‘New Mexico, Texas, or 

13 Arizona (other than an aquifer underlying Arizona and 

14 Sonora, Mexico, that is partially within the Yuma ground15 water basin designated by the order of the Director of the 

16 Arizona Department of Water Resources dated June 21, 

17 1984)’’. 

18 (b) REAUTHORIZATION.— 

19 (1) AUTHORIZATION OF APPROPRIATIONS.— 

20 Section 8(a) of the United States-Mexico Trans21 boundary Aquifer Assessment Act (42 U.S.C. 1962 

22 note; Public Law 109–448) is amended by striking 

23 ‘‘fiscal years 2007 through 2016’’ and inserting ‘‘fis24 cal years 2020 through 2029’’. 


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1 (2) SUNSET OF AUTHORITY.—Section 9 of the 

2 United States-Mexico Transboundary Aquifer As3 sessment Act (42 U.S.C. 1962 note; Public Law 

4 109–448) is amended by striking ‘‘enactment of this 

5 Act’’ and inserting ‘‘enactment of the Western 

6 Water Security Act of 2019’’. 

7 SEC. 202. GROUNDWATER MANAGEMENT ASSESSMENT AND 

8 IMPROVEMENT. 

9 Section 9504(a) of the Omnibus Public Land Man10 agement Act of 2009 (42 U.S.C. 10364(a)) is amended— 

11 (1) in paragraph (1)— 

12 (A) in the matter preceding subparagraph 

13 (A), by inserting ‘‘or carrying out any activity’’ 

14 after ‘‘any improvement’’; 

15 (B) by striking subparagraphs (A) through 

16 (E); 

17 (C) by redesignating subparagraphs (F) 

18 through (H) as subparagraphs (B) through 

19 (D), respectively; 

20 (D) by inserting before subparagraph (B) 

21 (as so redesignated) the following: 

22 ‘‘(A) to assist States and water users in 

23 complying with interstate compacts or reducing 

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1 pensated transactions that decrease consump2 tive water use at a regional or watershed 

3 scale;’’; 

4 (E) in subparagraph (B) (as so redesig5 nated), by striking ‘‘to prevent’’ and inserting 

6 ‘‘to achieve the prevention of’’; 

7 (F) in subparagraph (C) (as so redesig8 nated), by striking ‘‘to accelerate’’ and inserting 

9 ‘‘to achieve the acceleration of’’; and 

10 (G) in subparagraph (D) (as so redesig11 nated)— 

12 (i) by striking clause (i) and inserting 

13 the following: 

14 ‘‘(i) to increase ecological resilience to 

15 climate change, including by enhancing 

16 natural water storage within a floodplain 

17 or riparian wetland, by addressing climate18 related impacts or vulnerability to the 

19 water supply of the United States;’’; 

20 (ii) in clause (ii), by striking the pe21 riod at the end and inserting ‘‘; or’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(iii) to plan for or address the im25 pacts of drought.’’; 


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1 (2) by redesignating paragraphs (2) and (3) as 

2 paragraphs (3) and (4), respectively; 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) ELIGIBLE PROJECTS.—The improvements 

6 or activities eligible for assistance under paragraph 

7 (1) may include improvements or activities— 

8 ‘‘(A) using an approach— 

9 ‘‘(i) to conserve water; 

10 ‘‘(ii) to increase water use efficiency; 

11 ‘‘(iii) to facilitate water markets; or 

12 ‘‘(iv) to enhance water management, 

13 including increasing the use of renewable 

14 energy in the management and delivery of 

15 water or increasing natural water storage; 

16 ‘‘(B) to improve the condition of natural 

17 water recharge infrastructure; or 

18 ‘‘(C) to achieve the acceleration of the 

19 adoption and use of advanced water treatment 

20 technologies to increase water supply.’’; and 

21 (4) in paragraph (4) (as so redesignated)— 

22 (A) in subparagraph (B)(i), by striking 

23 subclause (II) and inserting the following: 

24 ‘‘(II) to use the assistance pro25 vided under a grant or agreement to 


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1 increase the consumptive use of water 

2 for agricultural operations above the 

3 pre-project levels, as determined pur4 suant to the law of the State in which 

5 the operation of the eligible applicant 

6 is located.’’; and 

7 (B) in subparagraph (E)— 

8 (i) by striking clause (i) and inserting 

9 the following: 

10 ‘‘(i) FEDERAL SHARE.— 

11 ‘‘(I) IN GENERAL.—Except as 

12 provided in subclause (II), the Federal 

13 share of the cost of any infrastructure 

14 improvement or activity that is the 

15 subject of a grant or other agreement 

16 entered into between the Secretary 

17 and an eligible applicant under para18 graph (1) shall not exceed 50 percent 

19 of the cost of the infrastructure im20 provement or activity. 

21 ‘‘(II) INCREASED FEDERAL

22 SHARE FOR CERTAIN INFRASTRUC23 TURE IMPROVEMENTS AND ACTIVI24 TIES.— 


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1 ‘‘(aa) IN GENERAL.—The 

2 Federal share of the cost of an 

3 infrastructure improvement or 

4 activity described in item (bb) 

5 shall not exceed 75 percent of the 

6 cost of the infrastructure im7 provement or activity. 

8 ‘‘(bb) INFRASTRUCTURE IM9 PROVEMENTS AND ACTIVITIES

10 DESCRIBED.—An infrastructure 

11 improvement or activity referred 

12 to in item (aa) is an infrastruc13 ture improvement or activity that 

14 provides benefits to consumptive 

15 water users and nonconsumptive 

16 ecological or recreational values 

17 in which— 

18 ‘‘(AA) in the case of an 

19 infrastructure improvement 

20 or activity that conserves 

21 water, the conserved water 

22 is returned to a surface 

23 water source with ecological 

24 or recreational benefits; or 


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1 ‘‘(BB) in the case of 

2 other infrastructure im3 provements or activities, the 

4 majority of the benefits are 

5 nonconsumptive ecological or 

6 recreational benefits.’’; and 

7 (ii) in clause (ii), in the matter pre8 ceding subclause (I), by striking ‘‘para9 graph (2)’’ and inserting ‘‘paragraph (3)’’. 

10 SEC. 203. SURFACE AND GROUNDWATER WATER AVAIL11 ABILITY AND THE ENERGY NEXUS. 

12 Section 9508(d)(3) of the Omnibus Public Land 

13 Management Act of 2009 (42 U.S.C. 10368(d)(3)) is 

14 amended— 

15 (1) in subparagraph (D), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (E), by striking the semi18 colon and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(F) oil, gas, and mineral development 

21 under the Mineral Leasing Act (30 U.S.C. 181 

22 et seq.), the Act of May 11, 1938 (commonly 

23 known as the ‘Indian Mineral Leasing Act of 

24 1938’) (25 U.S.C. 396a et seq.), sections 2319 

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1 monly known as the ‘Mining Law of 1872’) (30 

2 U.S.C. 22 et seq.), and the Outer Continental 

3 Shelf Lands Act (43 U.S.C. 1331 et seq.);’’. 

4 TITLE III—WATER CONSERVA5 TION AND ENVIRONMENTAL 

6 RESTORATION 

7 SEC. 301. DEFINITIONS. 

8 In this title: 

9 (1) BASIN.—The term ‘‘Basin’’— 

10 (A) is limited to areas within the State; 

11 and 

12 (B) means each of— 

13 (i) the Upper Rio Grande Basin; 

14 (ii) the Middle Rio Grande Basin; 

15 (iii) the Lower Rio Grande Basin; 

16 (iv) the Lower Pecos River Basin; 

17 (v) the Gila River Basin; 

18 (vi) the Canadian River Basin; 

19 (vii) the San Francisco River Basin; 

20 and 

21 (viii) the San Juan River Basin. 

22 (2) DISTRICT.—The term ‘‘District’’ means the 

23 Middle Rio Grande Conservancy District. 

24 (3) PUEBLO.—The term ‘‘Pueblo’’ means each 

25 of the following pueblos in the State: 


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1 (A) Cochiti. 

2 (B) Santo Domingo. 

3 (C) San Felipe. 

4 (D) Santa Ana. 

5 (E) Sandia. 

6 (F) Isleta. 

7 SEC. 302. WATER ACQUISITION PROGRAM. 

8 (a) AUTHORIZATION.—The Secretary, acting through 

9 the Commissioner of Reclamation, shall carry out in the 

10 Basins a water acquisition program in coordination with 

11 the other appropriate Federal agencies, State agencies, 

12 and non-Federal stakeholders, under which the Secretary 

13 shall— 

14 (1) make acquisitions, or assist the State or the 

15 District in making acquisitions, of water in the Ba16 sins by lease or purchase of water rights or contrac17 tual entitlements from willing lessors or sellers, con18 sistent with section 8 of the Act of June 17, 1902 

19 (43 U.S.C. 383), the Rio Grande Compact, and ap20 plicable State law relating to the acquisition and ad21 ministration of water rights; and 

22 (2) take any other actions, consistent with sec23 tion 8 of the Act of June 17, 1902 (43 U.S.C. 383), 

24 the Rio Grande Compact, and applicable State law, 

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1 poses of the water acquisition program described in 

2 subsection (b). 

3 (b) PURPOSES.—The purposes of the water acquisi4 tion program are— 

5 (1) to enhance stream flow to benefit fish and 

6 wildlife (including endangered species), water qual7 ity, and river ecosystem restoration in the Basins; 

8 (2) to enhance stewardship and conservation of 

9 working land, water, and watersheds in the Basins, 

10 consistent with the purpose described in paragraph 

11 (1); and 

12 (3) to address water supply-demand imbalances 

13 in the Basins, consistent with State law and the pur14 pose described in paragraph (1). 

15 (c) COORDINATION.—To assist in developing and ad16 ministering the program, the Secretary may provide funds 

17 to the State, the District, or a federally established non18 profit entity with particular expertise in western water 

19 transactions. 

20 (d) DISTRICT PROJECTS.—Subject to the Rio Grande 

21 Compact and applicable State law, the Secretary may de22 velop programs to provide— 

23 (1) cost-share assistance to the District to re24 duce water depletions by agricultural producers and 

25 irrigators in the District to reduce water depletions 


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1 by making irrigation system improvements and in2 creasing system efficiency; 

3 (2) incentives to the District for the establish4 ment of a water leasing program from willing lessors 

5 for agricultural producers and irrigators in the Dis6 trict to temporarily lease pre-1907 water rights (in7 stead of permanent severance from irrigable land) 

8 for the purpose of providing benefits to species listed 

9 as threatened or endangered under the Endangered 

10 Species Act of 1973 (16 U.S.C. 1531 et seq.) and 

11 other river ecosystem benefits; and 

12 (3) cost-share assistance to the District to im13 plement infrastructure or operational changes that 

14 will allow for effective management of a leasing pro15 gram, while maintaining adequate water deliveries to 

16 other agricultural producers and irrigators. 

17 SEC. 303. MIDDLE RIO GRANDE WATER CONSERVATION. 

18 (a) IN GENERAL.—The Secretary, in cooperation 

19 with the District and in consultation with the Pueblos, 

20 may provide funding and technical assistance for the in21 stallation of metering and measurement devices and the 

22 construction of check structures on irrigation diversions, 

23 canals, laterals, ditches, and drains— 

24 (1) to ensure the conservation and efficient use 

25 of water within the District by— 


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1 (A) reducing actual consumptive use; or 

2 (B) not increasing the use of water; and 

3 (2) to improve the measurement and allocation 

4 of water, including water acquired through the water 

5 acquisition program established under section 302. 

6 (b) RIO GRANDE, SAN ACACIA, AND ISLETA

7 REACHES.— 

8 (1) IN GENERAL.—The Secretary shall provide 

9 for the development of a comprehensive plan for the 

10 San Acacia and Isleta reaches to plan, design, per11 mit, construct, and prioritize projects that balance 

12 river maintenance, water availability, use, and deliv13 ery, and ecosystem benefits, including— 

14 (A) planning, permitting, and construction 

15 of a pumping station at Bosque del Apache Na16 tional Wildlife Refuge for the purpose of more 

17 efficiently using water to provide— 

18 (i) a stable supply for the Refuge; and 

19 (ii) an efficient and reliable supply of 

20 water to the Rio Grande for the benefit of 

21 the endangered silvery minnow and South22 western willow flycatcher; 

23 (B) planning, permitting, and construction 

24 of a river channel realignment project near the 

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1 veying water and sediment through the reach to 

2 Elephant Butte Reservoir and addressing river 

3 channel aggradation while maintaining flood4 plain connectivity during the snowmelt runoff; 

5 (C) planning, permitting, and construction 

6 of a controlled outlet for the low flow convey7 ance channel to the Rio Grande between Fort 

8 Craig, New Mexico, and Rio Grande mile-60 for 

9 the purpose of water use and delivery, enhance10 ment and development of habitat areas, and 

11 possible creation of a single-channel river eco12 system; and 

13 (D) development of a Lower Reach plan— 

14 (i) to identify additional projects and 

15 maintenance activities with water use, sedi16 ment management, and delivery and eco17 system benefits; and 

18 (ii) to prioritize implementation of all 

19 projects and activities. 

20 (2) PUBLIC PARTICIPATION.—In carrying out 

21 this subsection, the Secretary shall provide a process 

22 for public participation and comment during plan 

23 development and alternative analysis. 


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1 SEC. 304. SUSTAINING BIODIVERSITY DURING DROUGHTS. 

2 Section 9503(b) of the Omnibus Public Land Man3 agement Act of 2009 (42 U.S.C. 10363(b)) is amended— 

4 (1) in paragraph (3)(D), by inserting ‘‘and na5 tive biodiversity’’ after ‘‘wildlife habitat’’; and 

6 (2) in paragraph (4)(B), by inserting ‘‘and 

7 drought biodiversity plans to address sustaining na8 tive biodiversity during periods of drought’’ after 

9 ‘‘restoration plans’’. 

10 SEC. 305. REAUTHORIZATION OF COOPERATIVE WATER11 SHED MANAGEMENT PROGRAM. 

12 Section 6002(g)(4) of the Omnibus Public Land 

13 Management Act of 2009 (16 U.S.C. 1015a(g)(4)) is 

14 amended by striking ‘‘2020’’ and inserting ‘‘2031’’. 

15 TITLE IV—EFFECT ON EXISTING 

16 LAW 

17 SEC. 401. EFFECT ON EXISTING LAW. 

18 (a) IN GENERAL.—An action taken by the Secretary 

19 or another entity under this Act or an amendment made 

20 by this Act shall comply with applicable State laws in ef21 fect on the date of enactment of this Act. 

22 (b) STATE LAW.—Nothing in this Act or an amend23 ment made by this Act affects, is intended to affect, or 

24 interferes with a law of the State relating to the control, 

25 appropriation, use, or distribution of water, or any vested 

26 right acquired under the law. 


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1 (c) RIO GRANDE COMPACT.—Nothing in this Act or 

2 an amendment made by this Act affects or is intended to 

3 affect or interfere with any obligation of a State under 

4 the Rio Grande Compact or any litigation relating to the 

5 Rio Grande Compact. 

Æ 


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