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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1012 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1012

   To provide for drought preparedness measures in the State of New 
                    Mexico, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2017

Mr. Udall (for himself and Mr. Heinrich) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To provide for drought preparedness measures in the State of 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``New Mexico Drought 
Preparedness Act of 2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Water acquisition program.
Sec. 4. Water conservation.
Sec. 5. Middle Rio Grande peak flow restoration.
Sec. 6. National Academy of Sciences study.
Sec. 7. Emergency funding.
Sec. 8. Secure Water Act reauthorization.
Sec. 9. Reclamation States Emergency Drought Relief Act 
                            reauthorization.
Sec. 10. Rio Grande Pueblo irrigation infrastructure reauthorization.
Sec. 11. Regional conservation partnership program.
Sec. 12. Conservation reserve program.
Sec. 13. Effect on existing law.

SEC. 2. DEFINITIONS.

    Except as otherwise provided in this Act, in this Act:
            (1) Basin.--The term ``Basin''--
                    (A) is limited to areas within the State of New 
                Mexico; and
                    (B) means each of--
                            (i) the Upper Rio Grande Basin;
                            (ii) the Middle Rio Grande Basin;
                            (iii) the Lower Rio Grande Basin;
                            (iv) the Lower Pecos River Basin;
                            (v) the Gila River Basin;
                            (vi) the Canadian River Basin;
                            (vii) the San Francisco River Basin; and
                            (viii) the San Juan River Basin.
            (2) District.--The term ``District'' means the Middle Rio 
        Grande Conservancy District.
            (3) Pueblo.--The term ``Pueblo'' means each of the 
        following pueblos in the State:
                    (A) Cochiti.
                    (B) Santo Domingo.
                    (C) San Felipe.
                    (D) Santa Ana.
                    (E) Sandia.
                    (F) Isleta.
            (4) Rio grande compact.--The term ``Rio Grande Compact'' 
        means the compact approved by Congress under the Act of May 31, 
        1939 (53 Stat. 785, chapter 155).
            (5) Secretaries.--The term ``Secretaries'' means--
                    (A) the Administrator of the Environmental 
                Protection Agency;
                    (B) the Secretary of Commerce; and
                    (C) the Secretary of the Interior.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of New 
        Mexico.

SEC. 3. WATER ACQUISITION PROGRAM.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, shall carry out in the Basins a water acquisition program 
in coordination with the other appropriate Federal agencies, State 
agencies, and non-Federal stakeholders, under which the Secretary 
shall--
            (1) make acquisitions of water in the Basins by lease or 
        purchase of water rights or contractual entitlements from 
        willing lessors or sellers, consistent with section 8 of the 
        Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact, 
        and applicable State law relating to the acquisition and 
        administration of water rights; and
            (2) take any other actions, consistent with section 8 of 
        the Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande 
        Compact, and applicable State law, that the Secretary 
        determines would achieve the purposes of the water acquisition 
        program described in subsection (b).
    (b) Purposes.--The purposes of the water acquisition program are--
            (1) to enhance stream flow to benefit fish and wildlife 
        (including endangered species), water quality, and river 
        ecosystem restoration in the Basins; and
            (2) to enhance stewardship and conservation of working 
        land, water, and watersheds in the Basins, consistent with the 
        purpose described in paragraph (1).
    (c) Coordination.--To assist in developing and administering the 
program, the Secretary may provide funds to a federally established 
nonprofit entity with particular expertise in western water 
transactions.
    (d) District Projects.--Subject to the Rio Grande Compact and 
applicable State law, the Secretary may develop programs to provide--
            (1) cost-share assistance to the District or agricultural 
        producers and irrigators in the District for making irrigation 
        system improvements and increase system efficiency;
            (2) incentives to the District for the establishment of a 
        water leasing program from willing lessors for agricultural 
        producers and irrigators in the District to temporarily lease 
        pre-1907 water rights (instead of permanent severance from 
        irrigable lands) for the purpose of providing benefits to 
        species listed under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) and other river ecosystem benefits; and
            (3) cost-share assistance to the District to implement 
        infrastructure or operational changes that will allow for 
        effective management of a leasing program, while maintaining 
        adequate water deliveries to other agricultural producers and 
        irrigators.

SEC. 4. WATER CONSERVATION.

    (a) In General.--The Secretary, in cooperation with the District 
and in consultation with the Pueblos, may provide funding and technical 
assistance for the installation of metering and measurement devices and 
the construction of check structures on irrigation diversions, canals, 
laterals, ditches, and drains--
            (1) to ensure the conservation and efficient use of water 
        within the District by--
                    (A) reducing actual consumptive use; or
                    (B) not increasing the use of water; and
            (2) to improve the measurement and allocation of water 
        acquired through the water acquisition program established 
        under section 3.
    (b) Rio Grande, San Acacia and Isleta Reaches.--
            (1) In general.--The Secretary shall provide for 
        development of a comprehensive plan for the San Acacia and 
        Isleta reaches to plan, design, construct and prioritize 
        projects that balance river maintenance, water availability, 
        use, and delivery, and ecosystem benefits, including--
                    (A) planning, permitting, and construction of a 
                pumping station at Bosque del Apache National Wildlife 
                Refuge for the purpose of more efficiently using water 
                to provide--
                            (i) a stable supply for the refuge; and
                            (ii) an efficient and reliable supply of 
                        water to the Rio Grande for the benefit of the 
                        endangered silvery minnow and Southwestern 
                        willow flycatcher;
                    (B) planning, permitting, and construction of a 
                river channel realignment project near the Rio Grande 
                mile-83 for the purpose addressing river channel 
                aggradation while maintaining floodplain connectivity;
                    (C) planning, permitting, and construction of a 
                controlled outlet for the low flow conveyance channel 
                to the Rio Grande between Fort Craig, New Mexico and 
                Rio Grande mile-60 for the purpose of water use and 
                delivery, enhancement and development of habitat areas, 
                and possible creation of a single-channel river 
                ecosystem; and
                    (D) development of a Lower Reach Plan--
                            (i) to identify additional projects and 
                        maintenance activities with water use, sediment 
                        management, and delivery and ecosystem 
                        benefits; and
                            (ii) to prioritize implementation of all 
                        projects and activities.
            (2) Public participation.--In carrying out this subsection, 
        the Secretary shall provide a process for public participation 
        and comment during plan development and alternative analysis.

SEC. 5. MIDDLE RIO GRANDE PEAK FLOW RESTORATION.

    (a) Temporary Deviation.--During the 5-year period beginning on the 
date of enactment of this Act, the Secretary of the Army shall continue 
the temporary deviation in the operation of Cochiti Lake and Jemez 
Canyon Dam, that was initiated in 2009 and terminated in 2013, to 
continue to evaluate the benefits of the deviation.
    (b) Feasibility Study and Report.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of the Army and the 
Secretary shall--
            (1) conduct a feasibility study to address Cochiti Dam 
        operation limitations on the timing, magnitude, and duration of 
        flows that support federally listed species in the Middle Rio 
        Grande, consistent with subsection (c); and
            (2) submit to Congress a feasibility report on the 
        reauthorization of the purposes of Cochiti Dam.
    (c) Goals.--The deviation described in subsection (a) shall provide 
for the detention and release of native Rio Grande water and San Juan-
Chama Project water with the goals of--
            (1) restoring natural river processes to the Rio Grande, 
        including a spring peak flow to the Rio Grande;
            (2) increasing the spawning and recruitment of endangered 
        Rio Grande silvery minnows;
            (3) creating overbanking flows that are necessary--
                    (A) to maintain a healthy bosque; and
                    (B) to support habitat for the Southwestern willow 
                flycatcher and other wildlife;
            (4) maintaining channel capacity; and
            (5) increasing water operational flexibility and 
        efficiencies in meeting irrigation and municipal and industrial 
        purposes, if the increased water operational flexibility and 
        efficiencies enhance the goals described in paragraphs (1) and 
        (4).
    (d) Monitoring.--The Secretary of the Army, in cooperation with the 
Secretary and other Federal and non-Federal stakeholders shall--
            (1) monitor the environmental effects, benefits, and 
        results of the deviation mandated under this section; and
            (2) compile any data necessary to evaluate the need for 
        further amendment to the authorizations and water control 
        manuals for Cochiti Lake or Jemez Canyon Dam.
    (e) Approval Required.--Before implementing the proposed deviation 
under this section, as required by the applicable water control 
manuals, the Secretary of the Army shall first obtain approval from--
            (1) Pueblo de Cochiti;
            (2) Pueblo of Santa Ana; and
            (3) the Rio Grande Compact Commission.
    (f) Reports.--The Secretary of the Army shall prepare and submit to 
Congress--
            (1) for each year in which the deviations are being carried 
        out under this section, annual reports that describe the data 
        compiled under subsection (d)(2); and
            (2) at the end of the period described in subsection (a), a 
        final, cumulative report that summarizes the data obtained 
        during that period.

SEC. 6. NATIONAL ACADEMY OF SCIENCES STUDY.

    (a) Definition of Basin.--
            (1) In general.--In this section, the term ``basin'' means 
        the Rio Grande and the tributaries of the Rio Grande between--
                    (A) the headwaters of the Rio Grande and the Rio 
                Chama in the State of Colorado; and
                    (B) Elephant Butte Reservoir in the State.
            (2) Exclusions.--In this section, the term ``basin'' does 
        not include Elephant Butte Reservoir, Caballo Dam, or any 
        portion of the Rio Grande or the tributaries of the Rio Grande 
        downstream of Elephant Butte Reservoir.
    (b) Study.--Not later than 60 days after the date of enactment of 
this Act, the Secretary of the Army and the Secretary shall enter into 
an arrangement with the National Academy of Sciences to carry out a 
study on water and reservoir management and operation issues in the 
basin (including the Heron, El Vado, Abiquiu, Cochiti, and Jemez Canyon 
Dams and Reservoirs), which shall include--
            (1) an evaluation of existing basin reservoir 
        authorizations and legal requirements;
            (2) a summary of--
                    (A) the physical-hydrologic understanding of 
                existing basin reservoir operations; and
                    (B) any potential constraints on basin reservoirs 
                in light of climate change projections;
            (3) an identification of opportunities to optimize water 
        storage and management to benefit the basin ecosystem, 
        irrigators and municipal users, and to promote water 
        conservation through reauthorization of, reoperation of, 
        regulation of, or physical improvements to the reservoirs;
            (4) an evaluation of the physical-hydrologic feasibility of 
        the identified future basin reservoir management scenarios;
            (5) an identification of water use, supply, and accounting 
        impacts to other stakeholders in the State;
            (6) consideration of operations such as--
                    (A) the storage of supplemental water acquired by 
                and under the control of the Bureau of Reclamation;
                    (B) the carryover storage of San Juan-Chama Project 
                contract water;
                    (C) the Pueblo Prior and Paramount operation water;
                    (D) changes in timing of water released to offset 
                municipal pumping;
                    (E) changes in the timing of storage and release of 
                floodwaters;
                    (F) the reduction of evaporative losses from basin 
                reservoirs;
                    (G) conservation of water resulting from irrigation 
                operation changes by non-Indian and Pueblo irrigators;
                    (H) the impacts of management and operations on 
                recreation and hydropower;
                    (I) the impacts of management and operations on the 
                basin ecosystem and the habitats that support species 
                listed under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.); and
                    (J) any other factors the Academy determines to be 
                necessary for purposes of fully evaluating 
                opportunities to achieve greater water conservation, 
                drought resiliency, and ecological health in the basin; 
                and
            (7) recommendations for future management scenarios and 
        measures that Congress could take with respect to the basin, 
        consistent with all applicable law, including the Act of June 
        17, 1902 (43 U.S.C. 383), and the Rio Grande Compact to assist 
        the agencies in establishing more flexible operating procedures 
        to improve the performance of basin reservoir operations in 
        accommodating multiple purposes.
    (c) Cosponsors.--The Secretary of the Army and the Secretary may 
solicit cosponsors for the study under subsection (b), as appropriate, 
including State or private organizations.
    (d) Public Availability of Study.--On the date on which the 
National Academy of Sciences completes the study under this section, 
the National Academy of Sciences shall make available to the public the 
results of the study.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the National Academy of Sciences shall submit to the 
Secretary of the Army and the Secretary a report that contains a 
summary of the results of the study conducted under this section.

SEC. 7. EMERGENCY FUNDING.

    (a) Financial Assistance.--
            (1) In general.--Financial assistance may be made available 
        under the Reclamation States Emergency Drought Relief Act of 
        1991 (43 U.S.C. 2201 et seq.), title XII of the Food Security 
        Act of 1985 (16 U.S.C. 3801 et seq.), and any other applicable 
        Federal law (including regulations), to each applicable program 
        at the discretion of the Secretaries for eligible water 
        projects to assist western States and tribal governments to 
        address drought-related impacts to water supplies or any other 
        immediate water-related crisis or conflict.
            (2) Additional availability.--Financial assistance may be 
        made available under this section to organizations and entities 
        with water delivery authority that are engaged in collaborative 
        processes to restore the environment or are part of a basin-
        wide solution for restoration.
    (b) Types of Assistance.--Assistance under subsection (a) may 
include a range of projects, including--
            (1) the installation of pumps, temporary barriers, or 
        operable gates for water diversion and fish protection;
            (2) the installation of drought-relief groundwater wells 
        for Indian tribes and in wildlife refuges and other areas;
            (3) the acquisition or assistance in the acquisition of 
        water from willing sellers to enhance stream flow for the 
        benefit of fish and wildlife (including endangered species), 
        water quality, river ecosystem restoration, and other 
        beneficial purposes, to be carried out in accordance with the 
        water acquisition program established under section 3;
            (4) agricultural and urban conservation and efficiency 
        projects;
            (5) exchanges with any water district willing to provide 
        water to meet the emergency water needs of other water 
        districts in return for the delivery of equivalent quantities 
        of water later that year or in future years;
            (6) maintenance of cover crops to prevent public health 
        impacts from severe dust storms;
            (7) emergency pumping projects for critical health and 
        safety purposes;
            (8) activities to reduce water demand consistent with a 
        comprehensive program for environmental restoration and 
        settlement of water rights claims;
            (9) the use of new or innovative on-farm water conservation 
        technologies or methods that may--
                    (A) assist in sustaining permanent crops in areas 
                with severe water shortages; and
                    (B) make water available for other beneficial uses;
            (10) activities that protect, restore, or enhance fish and 
        wildlife habitat or otherwise improve environmental conditions, 
        including water quantity or quality concerns and improved fish 
        passage;
            (11) activities reducing or preventing groundwater 
        depletion or promoting groundwater recharge;
            (12) technical assistance to improve existing irrigation 
        practices to provide water supply benefits;
            (13) the investigation of, and pilot projects for, brackish 
        water development and aquifer storage and recovery;
            (14) the lining of irrigation ditches and canals to reduce 
        water loss and improve efficiency;
            (15) assistance to municipal water management entities for 
        water supply planning in preparation for and in response to 
        dry, critically dry, and below normal water years, including--
                    (A) hydrological forecasting;
                    (B) identification of alternative water supply 
                sources; and
                    (C) guidance on potential water transfer partners; 
                and
            (16) any other assistance the Secretary determines to be 
        necessary to increase available water supplies, maintain the 
        health of river ecosystems, or mitigate drought impacts.

SEC. 8. SECURE WATER ACT REAUTHORIZATION.

    Section 9504(a) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10364(a)) is amended--
            (1) in paragraph (1)(H)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) to plan for or address the impacts 
                        of drought.''; and
            (2) in paragraph (3)(E), by adding at the end the 
        following:
                            ``(v) Authority of commissioner.--The 
                        Commissioner of Reclamation may, at the 
                        discretion of the Commissioner, waive any cost-
                        share requirements.''.

SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT 
              REAUTHORIZATION.

    Section 301 of the Reclamation States Emergency Drought Relief Act 
of 1991 (43 U.S.C. 2241) is amended by striking ``2017'' and inserting 
``2022''.

SEC. 10. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE REAUTHORIZATION.

    Section 9106 of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1304) is amended--
            (1) in subsection (c)(4), by striking ``2 years after the 
        date of enactment of this Act'' and inserting ``December 31, 
        2018''; and
            (2) in subsection (g)(2), by striking ``2010 through 2019'' 
        and inserting ``2017 through 2025''.

SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.

    The Secretary of Agriculture may allocate financial assistance made 
available under subtitle I of title XII of the Food Security Act of 
1985 (16 U.S.C. 3871 et seq.) to establish special conservation 
initiatives at the local, State, or regional level to assist producers 
in implementing eligible activities on agricultural land in the western 
States for the purposes of--
            (1) mitigating the effects of drought on agricultural 
        production and the environment;
            (2) improving water quality and quantity, including 
        reducing groundwater depletion;
            (3) restoring, enhancing, and preserving fish and wildlife 
        habitat; and
            (4) promoting innovative and collaborative conservation 
        tools and approaches.

SEC. 12. CONSERVATION RESERVE PROGRAM.

    (a) Conservation Priority Areas.--Section 1231(f) of the Food 
Security Act of 1985 (16 U.S.C. 3831(f)) is amended--
            (1) in paragraph (2), by striking ``or'' and all that 
        follows through the period at the end and inserting ``, water 
        quantity, or habitat impacts related to agricultural production 
        activities.'';
            (2) in paragraph (3), by striking ``or'' and all that 
        follows through the period at the end and inserting ``, water 
        quantity, or habitat impacts related to agricultural production 
        activities.''; and
            (3) in paragraph (4), by striking ``water quality and 
        habitat benefits'' and inserting ``water quality, water 
        quantity, and habitat benefits''.
    (b) Special Conservation Reserve Enhancement Program.--Section 
1234(g)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 
3834(g)(2)(B)) is amended by inserting ``, including improving water 
conservation and drought mitigation'' before the period at the end.

SEC. 13. EFFECT ON EXISTING LAW.

    (a) In General.--An action taken by any of the Secretaries or 
another entity under this Act or an amendment made by this Act shall 
comply with applicable State laws in effect on the date of enactment of 
this Act, including a law described in subsection (b).
    (b) State Law.--Nothing in this Act or an amendment made by this 
Act affects, is intended to affect, or interferes with a law of the 
State relating to the control, appropriation, use, or distribution of 
water, or any vested right acquired under the law.
    (c) Rio Grande Compact.--Nothing in this Act or an amendment made 
by this Act affects or is intended to affect or interfere with any 
obligation of a State under the Rio Grand Compact or any litigation 
related to the Rio Grande Compact.
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