39–006

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 108–758

LOWER RIO GRANDE VALLEY WATER RESOURCES 

CONSERVATION AND IMPROVEMENT ACT OF 2004

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. 4588] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 4588) to amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize 

additional projects and activities under that Act, and for other purposes, having considered the same, reports favorably thereon with 

an amendment and recommends that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SEC. 1. SHORT TITLE. 

This Act may be cited as the ‘‘Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2004’’. 

SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS AND ACTIVITIES UNDER THE LOWER RIO 

GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM. 

(a) ADDITIONAL PROJECTS.—Section 4(a) of the Lower Rio Grande Valley Water 

Resources Conservation and Improvement Act of 2000 (Public Law 106–576; 114 

Stat. 3067) is amended by adding at the end the following: 

‘‘(20) In Cameron County, Texas, Bayview Irrigation District No. 11, water 

conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. 

‘‘(21) In the Cameron County, Texas, the Brownsville Irrigation District, 

water conservation and improvement projects as identified in the February 11, 

2004 engineering report by NRS Consulting Engineers at a cost of $722,100. 

‘‘(22) In the Cameron County, Texas Harlingen Irrigation District No. 1, 

water conservation and improvement projects as identified in the March, 2004, 

engineering report by Axiom-Blair Engineering at a cost of $4,173,950. 

‘‘(23) In the Cameron County, Texas, Cameron County Irrigation District No. 

2, water conservation and improvement projects as identified in the February 

11, 2004 engineering report by NRS Consulting Engineers at a cost of 

$8,269,576. 

2

‘‘(24) Braden, Inc. at a cost of $5,607,300. 

‘‘(25) In the Cameron County, Texas, Adams Gardens Irrigation District No. 

19, water conservation and improvement projects as identified in the March, 

2004 engineering report by Axiom-Blair Engineering at a cost of $2,500,000. 

‘‘(26) In the Hidalgo and Cameron Counties, Texas, the Hidalgo and Cameron 

Counties Irrigation District No. 9, water conservation and improvement projects 

as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. 

‘‘(27) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March, 

2004 engineering report by Axiom-Blair Engineering at a cost of $8,000,000. 

‘‘(28) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 2, 

a water conservation and improvement project identified in the engineering reports attached to a letter dated February 11, 2004, from the district’s general 

manager, at a cost of $5,312,475. 

‘‘(29) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 1, 

water conservation and improvement projects identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $5,595,018. 

‘‘(30) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, 

water conservation and improvement projects as identified in the March, 2004, 

engineering report by Axiom-Blair Engineering at a cost of $3,450,000. 

‘‘(31) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, 

water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt at a cost of $4,609,000. 

‘‘(32) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated 

March 5, 2004 by Melden and Hunt, Inc. at a cost of $2,251,480. 

‘‘(33) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated 

March, 2004 by Axiom-Blair Engineering at a cost of $500,000. 

‘‘(34) In the Hudspeth County, Texas, Hudspeth County Conservation and 

Reclamation District No. 1, water conservation and improvement projects as 

identified in the March, 2004, engineering report by Axiom-Blair Engineering 

at a cost of $1,500,000. 

‘‘(35) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the 

March, 2004, engineering report by Axiom-Blair Engineering at a cost of 

$10,500,000. 

‘‘(36) In the Hidalgo County, Texas, Donna Irrigation District, water conservation and improvement projects identified in an engineering report dated March 

22, 2004 by Melden and Hunt, Inc. at a cost of $2,500,000. 

‘‘(37) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, 

water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,800,000. 

‘‘(38) The United Irrigation District of Hidalgo County water conservation and 

improvement projects as identified in a March 2004 engineering report by Sigler 

Winston, Greenwood and Associates at a cost of $6,067,021.’’. 

(b) INCLUSION OF ACTIVITIES TO CONSERVE WATER OR IMPROVE SUPPLY; TRANSFERS AMONG PROJECTS.—Section 4 of such Act (Public Law 106–576; 114 Stat. 3067) 

is further amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: 

‘‘(c) INCLUSION OF ACTIVITIES TO CONSERVE WATER OR IMPROVE SUPPLY.—In addition to the activities identified in the engineering reports referred to in subsection 

(a), each project that the Secretary conducts or participates in under subsection (a) 

may include any of the following: 

‘‘(1) The replacement of irrigation canals and lateral canals with buried pipelines. 

‘‘(2) The impervious lining of irrigation canals and lateral canals. 

‘‘(3) Installation of water level, flow measurement, pump control, and telemetry systems. 

‘‘(4) The renovation and replacement of pumping plants. 

‘‘(5) Other activities that will result in the conservation of water or an improved supply of water. 

‘‘(d) TRANSFERS AMONG PROJECTS.—Of amounts made available for a project referred to in any of paragraphs (20) through (38) of subsection (a), the Secretary may 

transfer and use for another such project up to 10 percent.’’. 

3

SEC. 3. REAUTHORIZATION OF APPROPRIATIONS FOR LOWER RIO GRANDE CONSTRUCTION. 

Section 4(e) of the Lower Rio Grande Valley Water Resources Conservation and 

Improvement Act of 2000 (Public Law 106–576; 114 Stat. 3067), as redesignated by 

section 2(b) of this Act, is further amended by inserting before the period the following: ‘‘for projects referred to in paragraphs (1) through (19) of subsection (a), and 

$42,356,145 (2004 dollars) for projects referred to in paragraphs (20) through (38) 

of subsection (a)’’.

PURPOSE OF THE BILL

The purpose of H.R. 4588 is to amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to 

authorize additional projects and activities under that Act, and for 

other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Lower Rio Grande Valley, located along the Texas and Mexico borders, is subject to recurring drought conditions and high population growth. There are more than seven million people residing 

in this area, with approximately one million living in the United 

States. In light of persistent drought, high population growth and 

the negative effect of Mexico’s continuing water debt to the United 

States, a program to improve basic water management tools for 

this region was created by the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (P.L. 106–576). 

These tools, aimed at improving water conservation and efficiency 

at the local water district levels, include pipelines, canal lining, and 

water control facilities. Additional water management projects 

were authorized in 2002 under the amendments to the Lower Rio 

Grande Valley Water Resources Conservation and Improvement 

Act of 2000 P.L.107–351. H.R. 4588 provides funding authorization 

to the Bureau of Reclamation for engineering work, infrastructure 

construction and improvements for nineteen new water conservation and efficiency projects in the Lower Rio Grande Valley. Under 

the bill, the Bureau of Reclamation will provide such funding to the 

local water districts to build the projects. H.R. 4588 increases the 

authorization for construction of these and previously authorized 

facilities by an additional $42.35 million. 

COMMITTEE ACTION

Congressman Ruben Hinojosa (D-TX) introduced H.R. 4588 on 

June 16, 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 July 8, 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. Rep. Hinojosa offered 

an amendment making clarifying and technical changes. The 

amendment was agreed to by unanimous consent. The bill, as 

amended, 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 ReVerDate jul 14 2003 02:58 Oct 16, 2004 Jkt 039006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR758.XXX HR758
4 

sources’ 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. 

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 Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize 

additional projects and activities under that Act, 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: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 21, 2004. 

Hon. RICHARD W. POMBO, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4588, the Lower Rio 

Grande Valley Water Resources Conservation and Improvement 

Act of 2004. 

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

to provide them. The CBO staff contact is Rachel Milberg. 

Sincerely, 

ELIZABETH M. ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

H.R. 4588—Lower Rio Grande Valley Water Resources Conservation 

and Improvement Act of 2004 

Summary: H.R. 4588 would amend the Lower Rio Grande Valley 

Water Resources Conservation and Improvement Act of 2000 to 

5 

add 19 new water conservation projects to those eligible for federal 

assistance under that act. To build the 19 additional projects, the 

bill would authorize the appropriation of about $42 million. 

Assuming appropriation of the authorized amounts, CBO estimates that implementing H.R. 4588 would cost $36 million over the 

2006–2009 period and an additional $6 million in 2010. Enacting 

H.R. 4588 would not affect direct spending or receipts. 

H.R. 4588 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. 4588 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 

Authorization Level ............................................................................................................ 0 5 10 15 12 

Estimated Outlays ............................................................................................................. 0 2 7 15 12 

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

4588 will be enacted near the start of 2005. Based on information 

from the Bureau of Reclamation, CBO estimates that implementing 

H.R. 4588 would cost $36 million over the 2006–2009 period and 

an additional $6 million in 2010, assuming appropriation of the authorized amounts. 

Intergovernmental and private-sector impact: H.R. 4588 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. Enacting this legislation would benefit the state of Texas 

and local governments in that state that would receive the authorized federal assistance. Any costs incurred by those governments to 

meet the conditions of the assistance would be incurred voluntarily. 

Estimate prepared by: Federal Costs: Rachel Milberg. 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 (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

6

SECTION 4 OF THE LOWER RIO GRANDE VALLEY WATER 

RESOURCES CONSERVATION AND IMPROVEMENT ACT 

OF 2000

SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION. 

(a) PROJECT IMPLEMENTATION.—If the Secretary determines that 

any of the following projects meet the review criteria and project 

requirements, as set forth in section 3, the Secretary may conduct 

or participate in funding engineering work, infrastructure construction, and improvements for the purpose of conserving and transporting raw water through that project: 

(1) * * *

* * * * * * *

(20) In Cameron County, Texas, Bayview Irrigation District 

No. 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. 

(21) In the Cameron County, Texas, the Brownsville Irrigation District, water conservation and improvement projects as 

identified in the February 11, 2004 engineering report by NRS 

Consulting Engineers at a cost of $722,100. 

(22) In the Cameron County, Texas Harlingen Irrigation District No. 1, water conservation and improvement projects as 

identified in the March, 2004, engineering report by AxiomBlair Engineering at a cost of $4,173,950. 

(23) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement 

projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $8,269,576. 

(24) Braden, Inc. at a cost of $5,607,300. 

(25) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement 

projects as identified in the March, 2004 engineering report by 

Axiom-Blair Engineering at a cost of $2,500,000. 

(26) In the Hidalgo and Cameron Counties, Texas, the Hidalgo and Cameron Counties Irrigation District No. 9, water 

conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a 

cost of $8,929,152. 

(27) In the Hidalgo and Willacy Counties, Texas, Delta Lake 

Irrigation District, water conservation and improvement 

projects as identified in the March, 2004 engineering report by 

Axiom-Blair Engineering at a cost of $8,000,000. 

(28) In the Hidalgo County, Texas, Hidalgo County Irrigation 

District No. 2, a water conservation and improvement project 

identified in the engineering reports attached to a letter dated 

February 11, 2004, from the district’s general manager, at a 

cost of $5,312,475. 

(29) In the Hidalgo County, Texas, Hidalgo County Irrigation 

District No. 1, water conservation and improvement projects 

identified in an engineering report dated March 5, 2004 by 

Melden and Hunt, Inc. at a cost of $5,595,018. 

(30) In the Hidalgo County, Texas, Hidalgo County Irrigation 

District No. 6, water conservation and improvement projects as 

7

identified in the March, 2004, engineering report by AxiomBlair Engineering at a cost of $3,450,000. 

(31) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, water conservation and improvement projects as 

identified in an engineering report dated March 5, 2004 by 

Melden and Hunt at a cost of $4,609,000. 

(32) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified 

in an engineering report dated March 5, 2004 by Melden and 

Hunt, Inc. at a cost of $2,251,480. 

(33) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified 

in an engineering report dated March, 2004 by Axiom-Blair Engineering at a cost of $500,000. 

(34) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water conservation 

and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of 

$1,500,000. 

(35) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement 

projects as identified in the March, 2004, engineering report by 

Axiom-Blair Engineering at a cost of $10,500,000. 

(36) In the Hidalgo County, Texas, Donna Irrigation District, 

water conservation and improvement projects identified in an 

engineering report dated March 22, 2004 by Melden and Hunt, 

Inc. at a cost of $2,500,000. 

(37) In the Hidalgo County, Texas, Hidalgo County Irrigation 

District No. 16, water conservation and improvement projects 

identified in an engineering report dated March 22, 2004 by 

Melden and Hunt, Inc. at a cost of $2,800,000. 

(38) The United Irrigation District of Hidalgo County water 

conservation and improvement projects as identified in a March 

2004 engineering report by Sigler Winston, Greenwood and Associates at a cost of $6,067,021. 

* * * * * * *

(c) INCLUSION OF ACTIVITIES TO CONSERVE WATER OR IMPROVE

SUPPLY.—In addition to the activities identified in the engineering 

reports referred to in subsection (a), each project that the Secretary 

conducts or participates in under subsection (a) may include any of 

the following: 

(1) The replacement of irrigation canals and lateral canals 

with buried pipelines. 

(2) The impervious lining of irrigation canals and lateral canals. 

(3) Installation of water level, flow measurement, pump control, and telemetry systems. 

(4) The renovation and replacement of pumping plants. 

(5) Other activities that will result in the conservation of 

water or an improved supply of water. 

(d) TRANSFERS AMONG PROJECTS.—Of amounts made available 

for a project referred to in any of paragraphs (20) through (38) of 

subsection (a), the Secretary may transfer and use for another such 

project up to 10 percent.

8

ø(c)¿ (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this section 

$47,000,000 (2001 dollars) for projects referred to in paragraphs (1) through (19) of subsection (a), and $42,356,145 (2004 dollars) for 

projects referred to in paragraphs (20) through (38) of subsection 

(a).

Æ