69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–814 

TO REDESIGNATE THE RIO GRANDE AMERICAN CANAL 

IN EL PASO, TEXAS, AS THE ‘‘TRAVIS C. JOHNSON 

CANAL’’ 

JULY 31, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 6041] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 6041) to redesignate the Rio Grande American Canal in 

El Paso, Texas, as the ‘‘Travis C. Johnson Canal’’, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 6041 is to redesignate the Rio Grande American Canal in El Paso, Texas, as the ‘‘Travis C. Johnson Canal.’’ 

BACKGROUND AND NEED FOR LEGISLATION

Part of the larger Rio Grande Project, the American Diversion 

Dam is located two miles northwest of El Paso and immediately 

above the point where the Rio Grande River becomes the international boundary line. The American Diversion Dam diverts irrigation water from the Rio Grande River to El Paso Valley. It is operated by the American Section of the International Boundary and 

Water Commission to regulate delivery of water to Mexico in accordance with treaty provisions. The American Canal is connected 


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with the American Diversion Dam and carries water 2.1 miles from 

the dam to the head of Franklin Canal. 

The construction of the American Canal led to the resolution of 

a longstanding dispute between the United States and Mexico over 

water rights under the Treaty of 1906. At issue was the pumping 

of water by Mexican citizens from the Rio Grande in a location considered to be exclusive property of the United States. As an attorney representing agricultural interests along the Rio Grande, Mr. 

Travis C. Johnson was instrumental in drafting the authorizing 

legislation for the American Canal and working towards the enactment of the legislation. H.R. 6041 would name the portion the Rio 

Grande Canal in El Paso, Texas after Mr. Johnson. 

COMMITTEE ACTION

H.R. 6041 was introduced on May 13, 2008 by Representative 

Silvestre Reyes (D–TX). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Water and Power. 

Identical legislation was introduced in the 108th and 109th Congresses and was the subject of a Water and Power Subcommittee 

hearing in the 109th Congress on December 7, 2005. At the time 

of the hearing, support for the legislation included the President of 

the El Paso County Water Improvement District, the President’s 

Committee on the Arts and Humanities, the Texas Commission on 

Environmental Quality, and the Chairman and President of Wells 

Fargo. 

On June 25, 2008, the Subcommittee was discharged from further consideration of H.R. 6041 and the Full Natural Resources 

Committee met to consider the bill. H.R. 6041 was ordered favorably reported to the House of Representatives by voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 


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contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to redesignate the Rio Grande American Canal in El 

Paso, Texas, as the ‘‘Travis C. Johnson Canal.’’ 4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 6041—A bill to redesignate the Rio Grande American Canal 

in El Paso, Texas, as the ‘‘Travis C. Johnson Canal’’ 

H.R. 6041 would rename the Rio Grande American Canal in 

Texas. CBO estimates that implementing the bill would have no 

significant effect on discretionary spending because revising federal 

maps and signs to reflect the new name would be done in conjunction with scheduled reprinting and other routine maintenance. Enacting the bill would have no effect on direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

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

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 6041 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 


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DISSENTING VIEWS 

We oppose H.R. 6041, which re-designates the Rio Grande American Canal near El Paso, Texas as the Travis C. Johnson Canal. 

In testimony before the House Water and Power Subcommittee in 

the last Congress, Mr. Johnson was described as the ‘‘principal author’’ of legislation authorizing the Rio Grande American Canal. 

However, it was also acknowledged at this hearing that it would 

be a precedent setting move to name a canal or other facility for 

a non-Member of Congress who is still living. Although it is clear 

that Mr. Johnson may have the qualifications to have the canal 

named for him, this Committee has a long history of only naming 

such facilities for non-Members of Congress posthumously. 

This bill is premature not only for that reason, but also because 

it circumvented regular order. At the start of this Congress, the 

Majority indicated that all bills would proceed by regular order. 

The Committee’s consideration of this bill ignores this pledge. Even 

though this bill has been introduced in the last three Congresses, 

the Majority seems to be in an extraordinary rush to avoid regular 

order for some unknown reason. 

We also would like to note that since H.R. 6041’s introduction, 

eight members have withdrawn their cosponsorship. This signals 

that something may not be right with this bill and further scrutiny 

may be warranted. 

JEFF FLAKE. 

BILL SALI. 

Æ 


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