39–010 

Calendar No. 28 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–17 

UNITED STATES-MEXICO TRANSBOUNDARY AQUIFER 

ASSESSMENT ACT 

MARCH 7, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 214] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 214) 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, having considered the same, reports favorably thereon without amendment and recommends that 

the bill do pass. 

PURPOSE OF THE MEASURE

The purpose of S. 214 is 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. 

BACKGROUND AND NEED

The United States and Mexico share a 2,000 mile-long border 

that crosses multiple groundwater basins. Piecemeal assessments 

of aquifers have been performed by the U.S. Geological Survey and 

other entities over the last 50 years. However, assessments to date 

have included relatively little information on the Mexican side of 

the border, have not been integrated across multiple basins around 

large municipal areas, and have not included the surface watergroundwater interactions. Additionally, data collection and numerical analysis techniques and technology have greatly improved in 

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recent years, resulting in a good opportunity to develop scientific 

tools of significant value to State and local water resource managers. Accordingly, S. 214 is intended to address the lack of binational consensus regarding the source and availability of future 

water supplies along the border by establishing a scientific program to assess priority transboundary aquifers comprehensively. 

This assessment should help State and local water planning efforts 

and avoid transboundary conflicts, particularly in rapidly expanding municipal areas along the border where demands on groundwater are increasing. The program will also increase the understanding of groundwater quality, a matter of increasing importance 

given that a lack of adequate wastewater treatment infrastructure 

is responsible for ongoing groundwater contamination. 

LEGISLATIVE HISTORY

S. 214 was introduced on January 31, 2005, by Senator Bingaman for himself and Senators Domenici and Kyl and referred to 

the Committee on Energy and Natural Resources. No hearings 

were held on the measure. At the business meeting on February 9, 

2005, the Committee on Energy and Natural Resources ordered S. 

214 favorably reported. 

During the 108th Congress, a similar measure, S. 1957, was introduced by Senator Bingaman on November 25, 2003 and referred 

to the Committee on Energy and Natural Resources. Senators 

Domenici and Kyl were co-sponsors. The Subcommittee on Water 

and Power held a hearing on S. 1957 on May 19, 2004. S. Hrg. 

108–618. The Committee on Energy and Natural Resources ordered 

S. 1957, as amended, favorably reported on June 16, 2004. S. Rept. 

108–297. S. 1957 passed the Senate by unanimous consent on September 15, 2004. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business meeting on February 9, 2005, by unanimous voice 

vote of a quorum present, recommends that the Senate pass S. 214. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘United States-Mexico 

Transboundary Aquifer Assessment Act.’’ 

Section 2 sets forth the purposes of the Act. 

Section 3 defines the terms used in the Act. 

Section 4 subsection (a) directs the Secretary to carry out the 

United States-Mexico transboundary aquifer assessment program 

to characterize, map, and model transboundary groundwater resources along the United States-Mexico border. 

Subsection (b) provides that the objectives of the program are to 

develop and implement an integrated scientific approach to assess 

transboundary groundwater resources. 

Subsection (c) designates the Hueco Bolson and Mesilla aquifers, 

the Santa Cruz River Valley aquifers as priority transboundary 

aquifers and directs the Secretary to designate additional priority 

transboundary aquifers using the criteria under subsection (b)(1) 

(A)(ii). 

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Subsection (d) directs the Secretary to 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. 

Subsection (e) provides that the Secretary may provide grants or 

enter into cooperative agreements and other agreements with the 

water resources research institutes and other Border State entities 

to carry out the program. 

Section 5 subsection (a) directs the Secretary to coordinate the 

activities carried out under the program with the appropriate 

water resource agencies in the Border States, any affected Indian 

tribe, any other appropriate entities that are conducting monitoring 

and metering activity of a priority transboundary aquifer. 

Subsection (b) prohibits the Secretary from initiating new field 

studies or analyses until consulting with and coordinating the activity with any water resource agencies that have jurisdiction over 

the aquifer. 

Subsection (c) directs the Secretary to work with appropriate entities to develop a study plan, timeline, and cost estimate for each 

priority transboundary aquifer to be studied under the program. 

Study plans shall take into consideration existing data and be consistent with State guidelines and goals. 

Section 6 states that this Act has no effect on the jurisdiction of 

a Border State with respect to managing surface or groundwater 

resources in the Border State, nor does the Act affect the water 

rights of any person or entity. 

Section 7 directs the Secretary to submit a report to the appropriate water resource agency in the Border States that describes 

activities carried out under the program, conclusions of the Secretary on the status of transboundary aquifers, and the level of 

participation of the Mexican partners. 

Section 8 subsection (a) authorizes $50 million to be appropriated 

for the Act for fiscal years 2006 through 2015. 

Subsection (b) requires that 50 percent of the funds made available for the Act shall be distributed to the appropriate local entities 

in the Border States and Mexico. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

FEBRUARY 14, 2005. 

Hon. PETE V. DOMENICI, Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 214, the United States-Mexico Transboundary Aquifer Assessment Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, 

Director. 

Enclosure. 

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S. 214—United States-Mexico Transboundary Aquifer Assessment 

Act 

Summary: S. 214 would establish a program within the Department of the Interior to study and assess acquifiers (i.e., groundwater reserves) that are located under the boundaries of Mexico 

and the bordering States of Arizona, California, New Mexico, and 

Texas. The U.S. Geological Survey (USGS) would coordinate the 

program and would provide grants and technical assistance to government agencies and other organizations in Mexico and the four 

States for projects that address groundwater issues. The bill would 

authorize the appropriation of $50 million over the 2006–2015 period for Federal projects, technical assistance, and grants. 

Assuming appropriation of authorized amounts, CBO estimates 

that implementing S. 214 would cost $2 million in fiscal year 2006 

and $21 million over the 2006–2010 period. We estimate that an 

additional $29 million would be spent after 2010, including $25 

million appropriated between 2011 and 2015. Enacting the bill 

would not affect direct spending or revenues. 

S. 214 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on State, local, or tribal governments. Agencies in the four border States could receive grant funds if they 

choose to participate in this program. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 214 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2006 2007 2008 2009 2010 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level .............................................................................. 5 5 5 5 5 

Estimated Outlays ............................................................................... 2 4 5 5 5 

Basis of estimate: For this estimate, CBO assumes that S. 214 

will be enacted near the end of fiscal year 2005 and that the $50 

million authorized to be appropriated for the proposed aquifer program will be appropriated evenly over the next 10 years. As provided in the legislation, one-half of each year’s appropriation would 

be awarded to laboratories, governmental agencies, universities, 

and other entities in Mexico or the four border states. The remaining half would be used by the USGS to carry out the federal component of the program that would include program coordination, data 

integration, and technical assistance. 

Intergovernmental and private-sector impact: S. 214 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Agencies in the four border states could receive grant funds if they 

choose to participate in this program. 

Estimate prepared by: Federal Costs: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Marjorie Miller; and Impact 

on the Private Sector: Selena Caldera. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

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REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 214. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 214. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the United States Geological Survey 

during the Subcommittee hearing on S. 1957 in the 108th Congress 

follows: 

STATEMENT OF CHARLES G. GROAT, DIRECTOR, U.S. 

GEOLOGICAL SURVEY, U.S. DEPARTMENT OF THE INTERIOR

Madam Chairman and Members of the Subcommittee, 

thank you for the opportunity to participate in this hearing to discuss the important role of water in the U.S. -Mexico Border Region and to provide the Administration’s 

views on S. 1957, the ‘‘United States-Mexico 

Transboundary Aquifer Assessment Act.’’ The Administration supports the provisions of S. 1957, ‘‘The United 

States-Mexico Transboundary Aquifer Assessment Act,’’ 

however, we note that we currently are undertaking some 

work in the areas covered by the bill and that no new authorities are needed. The program authorized in this bill 

would need to compete among the Survey’s other priorities 

for funding. 

BACKGROUND

The international border region of the United States and 

Mexico (border region) has, during the past decade, experienced significant economic expansion accompanied by 

rapid population growth and urban development. The removal of international trade barriers quickly transformed 

the region’s several small to mid-size cities into some of 

the fastest growing population centers in both countries. 

As a result, the people residing on both sides of the border 

now face numerous complex social, political, economic, infrastructure, public health, natural resource, and environmental-quality challenges. Along the entire length of the 

mostly arid international border region, perhaps the greatest challenge is how to effectively address the need for 

safe, sustainable supplies of good quality water for public, 

industrial, and agricultural uses, while maintaining a delicate balance with the needs of a very fragile natural-resource system. 

The limited surface-water supplies along the border have 

been allocated for several decades under international 

treaties and domestic laws. However, allocation of ground 

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water in the border region is poorly regulated because little is known about its availability, sustainability, and 

quality; about how ground water interacts with surfacewater bodies; and about the susceptibility of ground water 

to contamination. Ground water also is an important 

source of life-sustaining base flow to many streams and essential for maintaining critical aquatic habitats. 

Ground-water pumping has lowered the water table, depleted aquifers, and reduced the base flow of many 

streams thus decreasing the quantity of water available to 

support critical riparian habitats. Excessive ground-water 

pumping in some major urban centers, such as in the El 

Paso/Juarez metropolitan region, has caused land subsidence that has damaged homes and essential urban infrastructure. In addition to the effects of ground- and surfacewater depletion, degradation of water quality has reduced 

habitat suitability for the region’s diverse biota. The problems associated with limited water quantity and competing 

uses of water also have resulted in impaired and degraded 

water quality and serious issues related to human health 

on both sides of the border. Water quantity and quality 

will most likely be the determining and limiting factors 

that ultimately control future economic development, population growth, and human health along the United StatesMexico border. 

S. 1957

S. 1957 directs the Secretary of the Interior to establish 

a United States-Mexico Transboundary Aquifer Assessment Program to systematically assess priority 

transboundary aquifers and provide the scientific foundation necessary for State and local officials to address pressing water resource challenges in the border region. The bill 

further directs the Secretary of the Interior to implement 

this program in cooperation with the Border states as well 

as with other appropriate entities, including affected Indian tribes. 

The proposed, collaborative scientific investigations and 

research efforts would address critical water supply, environmental, and natural-resource issues in the border region, and contribute to an improved understanding of the 

relations between the border region’s many water, naturalresource, biological, and human-health related issues. We 

agree that a multi-discipline, binational, scientific approach is needed to address these complex, interrelated 

transboundary issues. Additionally, these studies would 

develop and document the tools, scientific methodologies, 

and procedures for collecting and integrating hydrologic, 

geologic, biologic, and other spatial data into a binational 

geographic information system for analysis and modeling 

applications. 

S. 1957 objectives include expanding existing agreements between the USGS, Border states, State Water Resources Research Institutes, and appropriate authorities in 

the United States and Mexico to conduct joint investigaVerDate Aug 04 2004 13:54 Mar 08, 2005 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR017.XXX SR017
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tions; document, manage, and share data; and carry out 

the necessary binational work efforts. Such collaboration 

would produce timely, widely accepted scientific products 

and understanding of each priority binational aquifer that 

is needed by water and natural-resource managers to effectively accomplish their missions. 

The role identified for the Department of the Interior in 

this bill is consistent with the USGS leadership role in 

monitoring, interpretation, research, and assessment of the 

health and status of the water and biological resources of 

the Nation. As the Nation’s largest water, earth, and biological science, and civilian mapping agency, the USGS 

provides the largest single non-regulatory hydrologic investigative and research capability in the Nation. 

This proposed scientific collaboration by Federal, State, 

Tribal, and academic institutions touches on many of the 

interdisciplinary core competencies of the USGS. At its 

heart, the proposed collaboration would effectively capitalize on the collective scientific capability and resources 

of the partnering institutions. The integration of this relevant science would address the most pressing and complex natural resource and environmental problems in these 

very fragile landscapes and complex ecosystems. 

The USGS has been active in a number or relevant programs and investigations in the arid southwest and hence 

has a working knowledge of proven methods and innovative technologies for effectively characterizing, monitoring, 

and mapping the border region’s ground-water resources. 

We believe we have the authority to implement the activities called for in the bill and would continue to provide resources to address the goals of the S. 1957, provided these 

activities successfully compete against other USGS priorities. In FY 2004, roughly $500,000 will be spent on such 

on-the-ground activities by USGS. The President’s FY 

2005 Budget sustains this funding level. USGS scientists 

working from offices in each of the four Border states actively participate in these programs and investigations, 

and are called upon by the States and border communities 

to provide essential technical insight and understanding 

for solving critical water supply and natural-resource problems. Our scientists serve on a large number of relevant 

committees, task forces, and advisory groups in the border 

region. Regional coordination and communication of USGS 

programs and activities along the international border is 

further enhanced internally through our Border Strategy 

Team as well as within the Department of the Interior as 

a result of our active participation on the U.S.-Mexico 

Field Coordination Committee. 

Talking with our partners in the Border states and communities, in the other Interior Bureaus, and other Federal 

agencies, as well with scientists and government officials 

in Mexico, it is widely acknowledged that the lack of a 

standardized, binational database on the availability, use, 

and quality of transboundary ground-water resources is 

perhaps the most significant impediment in addressing the 

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Border region’s numerous complex water-supply and natural-resource challenges. The lack of basic inventory and 

monitoring information pertaining to border water resources and water-dependent environments prevents a 

comprehensive understanding of watershed and regional 

processes and issues, and hinders the ability of science to 

provide the essential predictive capability to characterize 

or describe potential cause and effect relations associated 

with alternative land and water use and management actions. 

The program and investigations called for in this bill 

would support the development and maintenance of such 

a standardized, binational hydrologic database and associated data analysis tools. Early into the program, it would 

be essential that binational consensus be reached on common investigative approaches, common field data collection 

protocols, laboratory methodologies, and data management, documentation, and reporting systems. Once these 

technical issues are resolved, it would be much easier to 

streamline the treaty requirements related to the review 

and public release of impartial, transboundary scientific 

data. Such consensus has been reached in the past for 

transboundary investigations having limited scope. Obtaining this consensus for the entire Border region would 

greatly enhance transboundary scientific collaboration in 

the future. 

SUMMARY

The proposed investigations and pertinent research efforts authorized by S. 1957 would address critical water, 

environmental, and health issues in the Border region and 

contribute to a more comprehensive understanding of the 

relations between the region’s many water, natural-resource, biological, and health related issues. It is important that a bi-national, multi-discipline scientific approach 

be taken to address these interrelated issues. Additionally, 

these binational studies would develop and document the 

tools, methodologies, and procedures to collect and integrate hydrologic, biologic, and other spatial data into a geographic information system for analysis and modeling applications. 

Thank you, Mr. Chairman, for the opportunity to 

present this testimony. I will be pleased to answer questions you and other Members of the Subcommittee might 

have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 214, as ordered reported. 

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