39–006 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–760 

AMENDING THE RECLAMATION WASTEWATER AND GROUNDWATER 

STUDY AND FACILITIES ACT TO AUTHORIZE THE SECRETARY OF THE 

INTERIOR TO PARTICIPATE IN THE EL PASO, TEXAS, WATER RECLAMATION, REUSE, AND DESALINIZATION PROJECT, AND FOR OTHER PURPOSES 

OCTOBER 7, 2004.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 4775] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 4775) to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the El Paso, Texas, water reclamation, 

reuse, and desalinization project, and for other purposes, 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. 4775 is to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the 

Secretary of the Interior to participate in the El Paso, Texas, water 

reclamation, reuse, and desalinization project, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The combined area of El Paso (Texas), Las Cruces (New Mexico), 

and Juarez (Mexico) is the third fastest growing metropolitan areas 

in North America. The City of El Paso’s water comes from the Rio 

Grande River and the Hueco and Mesilla Bolsons aquifers. The Rio 

Grande, however, is not reliable during droughts, and the freshwater reserves in the Bolsons are being depleted and becoming 

more saline. As a result, the quantity and quality of the area’s 

water has become a major concern. 

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Although El Paso Water Utilities (EPWU) has undertaken water 

conservation and water recycling measures, the utility and region 

are looking to desalination as a long-term method to resolving the 

water supply situation. Through H.R. 4775, the City of El Paso 

hopes to secure federal financial assistance through the Title 16 

Program (Public Law 102–575) to help finance construction of a 

joint EPWU—U.S. Army Fort Bliss facility desalination plant. The 

desalination plant, which could produce 27.5 million gallons per 

day (mgd) of water, is currently in the planning stage and will be 

built in northeast El Paso. The projected overall cost of the desalination plant is $72 million, with the Department of Defense spending $3.5 million because the project will provide 7.5 mgd of water 

to the base. Source water for the plant will be derived from brackish (saline) water supplies in the Hueco aquifer. H.R. 4775 authorizes a federal cost-share of 50 percent for design, planning and construction. 

COMMITTEE ACTION

Congressman Silvestre Reyes (D–TX) introduced H.R. 4775 on 

July 7, 2004. The bill was referred to the Committee on Resources 

and within the Committee to the Subcommittee on Water and 

Power. A hearing on the bill was held on September 9, 2004. On 

September 15, 2004, the Full Resources Committee met to consider 

the bill. The Subcommittee on Water and Power was discharged 

from further consideration by unanimous consent. No amendments 

were offered and the bill was ordered favorably reported to the 

House of Representatives by unanimous consent. 

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 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 

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

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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 amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the El Paso, Texas, water reclamation, 

reuse, and desalinization project, and for other purposes. 

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. 4775—A bill to amend the Reclamation Wastewater and 

Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the El Paso, Texas, water 

reclamation, reuse, and desalinization project, and for other 

purposes 

Summary: H.R. 4775 would authorize the Secretary of the Interior to participate in the design, planning, and construction of facilities to reclaim and reuse wastewater, and to treat and reuse 

brackish groundwater in cooperation with the El Paso Water Utilities Public Service Board in Texas. The federal share of the cost 

of this project could not exceed 50 percent, or a maximum of $20 

million. 

Assuming appropriation of the necessary funds, CBO estimates that implementing H.R. 4775 would cost $18 million over the 2005– 

2009 period and an additional $2 million after that period. Enacting this bill would not affect direct spending or revenues. 

H.R. 4775 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. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4775 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— 

2005 2006 2007 2008 2009 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .......................................................................................... 4 4 4 4 4 

Estimated Outlays ............................................................................................................. 3 3 4 4 4 

Basis of estimate: For this estimate, CBO assumes that H.R. 

4775 will be enacted near the start of fiscal year 2005 and that the 

authorized amount will be appropriated in equal amounts over the 

2005–2009 period. Based on historical spending patterns of similar 

projects, CBO estimates that implementing this bill would cost $18 

million over the 2005–2009 period and an additional $2 million 

after that period. 

At this time, the scope of the authorized project is uncertain. Because the project authorization under H.R. 4775 is broad, CBO assumes that the federal share of the project’s cost would be the maximum of $20 million. 

Intergovernmental and private-sector impact: H.R. 4775 contains 

no intergovernmental or private-sector mandates as defined in 

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UMRA and would impose no costs on state, local, or tribal governments. The federal funds authorized by this bill would benefit the 

city of El Paso, Texas. Any expenditures made by the city to provide the required matching funds would be made voluntarily. 

Estimate prepared by: Federal Costs: Julie Middleton. Impact on 

State, Local, and Tribal Governments: Marjorie Miller. Impact on 

the Private Sector: Amina Masood. 

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

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

RECLAMATION PROJECTS AUTHORIZATION AND 

ADJUSTMENT ACT OF 1992 

(Public Law 102–575) 

* * * * * * * 

SEC. 2. DEFINITION AND TABLE OF CONTENTS. 

For purposes of this Act, the term ‘‘Secretary’’ means the Secretary of the Interior. 

TABLE OF CONTENTS 

Sec. 1. Short title. 

* * * * * * * 

TITLE XVI—RECLAMATION WASTEWATER AND GROUND WATER STUDIES 

Sec. 1601. Short title. 

* * * * * * * 

Sec. 16ll. El Paso, Texas, water reclamation, reuse, and desalinization project. 

* * * * * * * 

TITLE XVI—RECLAMATION WASTEWATER AND 

GROUNDWATER STUDIES 

SEC. 1601. SHORT TITLE. 

This title may be referred to as the ‘‘Reclamation Wastewater 

and Groundwater Study and Facilities Act’’. 

* * * * * * * 

SEC. 16ll. EL PASO, TEXAS, WATER RECLAMATION, REUSE, AND DESALINIZATION PROJECT. 

(a) AUTHORIZATION.—The Secretary, in cooperation with the State 

and local authorities, is authorized to participate in the design, 

planning, and construction of the El Paso Water Reclamation, 

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Reuse, and Desalinization project to reclaim and reuse wastewater 

and to treat and reuse impaired and brackish groundwater in the 

service area of the El Paso Water Utilities Public Service Board, El 

Paso, Texas. 

(b) COST SHARE.—The Federal share of the cost of the project authorized by this section shall not exceed 50 percent of the total cost 

of the project. 

(c) LIMITATION.—The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. 

* * * * * * * 

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