PUBLIC LAW 108–354—OCT. 21, 2004

CHIMAYO WATER SUPPLY SYSTEM AND

ESPANOLA FILTRATION FACILITY ACT OF

2004

118 STAT. 1400 PUBLIC LAW 108–354—OCT. 21, 2004

Public Law 108–354

108th Congress

An Act

To direct the Secretary of the Interior to conduct a feasibility study of a Chimayo

water supply system, to provide for the planning, design, and construction of

a water supply, reclamation, and filtration facility for Espanola, New Mexico,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Chimayo Water Supply System

and Espanola Filtration Facility Act of 2004’’.

TITLE I—CHIMAYO WATER SUPPLY

SYSTEM

SEC. 101. DEFINITIONS.

In this title:

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(2) STUDY AREA.—The term ‘‘study area’’ means the Santa

Cruz River Valley in the eastern margin of the Espanola Basin.

(3) SYSTEM.—The term ‘‘system’’ means a water supply

system described in section 102(a).

(4) TOWN.—The term ‘‘Town’’ means the town of Chimayo,

New Mexico, located in Rio Arriba County and Santa Fe County,

New Mexico.

SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY STUDY.

(a) IN GENERAL.—The Secretary, in cooperation with appropriate State and local authorities, shall conduct a study to determine

the feasibility of constructing a water supply system for the Town

in the study area that includes potable water transmission lines,

pump stations, and storage reservoirs.

(b) SCOPE OF STUDY.—In conducting the study under subsection

(a), the Secretary shall—

(1) consider operating the system in connection with the

Espanola Water Filtration Facility;

(2) consider various options for supplying water to the

Town, including connection to a regional water source, local

sources, sources distributed throughout the Town, and sources

located on adjacent Bureau of Land Management land;

(3) consider reusing or recycling water from local or regional

sources;

Chimayo Water

Supply System

and Espanola

Filtration

Facility Act

of 2004.

Oct. 21, 2004

[S. 2511]

PUBLIC LAW 108–354—OCT. 21, 2004 118 STAT. 1401

(4) consider using alternative water supplies such as surface water, brackish water, nonpotable water, or deep aquifer

groundwater; and

(5) determine the total lifecycle costs of the system,

including—

(A) long-term operation, maintenance, replacement,

and treatment costs of the system; and

(B) management costs (including personnel costs).

(c) DEADLINE FOR STUDY.—As soon as practicable, but not later

than 3 years after the date of enactment of this Act, the Secretary

shall complete the study.

(d) COST SHARING.—The Federal share of the cost of the study

shall be 75 percent.

(e) COORDINATION.—The Secretary shall coordinate activities

of the Bureau of Reclamation, the Bureau of Land Management,

and the United States Geological Survey in the furtherance of

the study, including—

(1) accessing any Bureau of Land Management land adjacent to the study area that is necessary to carry out this

section; and

(2) the drilling of any exploratory wells on Bureau of Land

Management land adjacent to the study area that are necessary

to determine water resources available for the Town.

(f) REPORT.—The Secretary shall submit to Congress a report

on the results of the feasibility study not later than the earlier

of—

(1) the date that is 1 year after the date of completion

of the feasibility study; or

(2) the date that is 4 years after the date of enactment

of this Act.

SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT ASSISTANCE.

(a) IN GENERAL.—The Secretary may enter into contracts with

water authorities in the study area to provide emergency water

supply development assistance to any eligible person or entity,

as the Secretary determines to be appropriate.

(b) ELIGIBLE ACTIVITIES.—The Secretary may provide assistance

under subsection (a) for—

(1) hauling water;

(2) the installation of water purification technology at the

community wells or individual point-of-use;

(3) the drilling of wells;

(4) the installation of pump stations and storage reservoirs;

(5) the installation of transmission and distribution pipelines to bring water to individual residential service connections;

(6) the engineering, design, and installation of an emergency water supply system; and

(7) any other eligible activity, as the Secretary determines

to be appropriate.

(c) COST SHARING.—The Federal share of the cost of any activity

under this section shall be 75 percent.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated— (1) to carry out section 102, $2,000,000 for the period

of fiscal years 2005 through 2008; and

118 STAT. 1402 PUBLIC LAW 108–354—OCT. 21, 2004

(2) to carry out section 103, $3,000,000 for the period

of fiscal years 2005 through 2010.

(b) LIMITATION.—Amounts made available under subsection

(a)(1) shall not be available for the construction of water infrastructure for the system.

TITLE II—ESPANOLA WATER

FILTRATION FACILITY

SEC. 201. DEFINITIONS.

In this title:

(1) COMPONENT.—The term ‘‘component’’ means a water

delivery infrastructure development described in section 202(b).

(2) FACILITY.—The term ‘‘facility’’ means the Espanola

water filtration facility described in section 202(a).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior, acting through the Commissioner of Reclamation.

SEC. 202. ESPANOLA WATER FILTRATION FACILITY.

(a) IN GENERAL.—The Secretary shall provide financial assistance to the city of Espanola, New Mexico, for the construction

of an Espanola water filtration facility consisting of projects—

(1) to divert and fully use imported water to meet future

demands in the greater Espanola, New Mexico region, including

construction of—

(A) presedimentation basins for removal of sediments;

(B) an influent pump station to supply water into

treatment facilities;

(C) a pretreatment facility;

(D) filtration facilities;

(E) finished water storage facilities;

(F) a finished water booster pump station;

(G) sludge dewatering facilities; and

(H) potable water transmission lines to connect into

the water distribution facilities of the city of Espanola,

New Mexico; and

(2) to use reclaimed water to enhance groundwater

resources and surface water supplies.

(b) PARTICIPATION.—The Secretary may provide financial assistance to the Santa Clara and San Juan Pueblos of New Mexico

and the non-Federal sponsors of the facility for the study, planning,

design, and construction of a water delivery infrastructure development for the Santa Clara and San Juan Pueblos as a component

of the facility.

(c) COST SHARING.—The Federal share of the total cost of the

facility and the component shall not exceed 25 percent.

(d) LIMITATION ON USE OF FUNDS.—Funds provided by the

Secretary may not be used for the operation or maintenance of

the facility or the component.

PUBLIC LAW 108–354—OCT. 21, 2004 118 STAT. 1403

LEGISLATIVE HISTORY—S. 2511:

SENATE REPORTS: No. 108–328 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 15, considered and passed Senate.

Oct. 6, considered and passed House.

Æ

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the construction

of the facility $3,000,000 for the period of fiscal years 2005 through

2009.

Approved October 21, 2004.