II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘New Mexico Drought Preparedness Act of 2017’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 Except as otherwise provided in this Act, in this Act: 

3 (1) BASIN.—The term ‘‘Basin’’— 

4 (A) is limited to areas within the State of 

5 New Mexico; and 

6 (B) means each of— 

7 (i) the Upper Rio Grande Basin; 

8 (ii) the Middle Rio Grande Basin; 

9 (iii) the Lower Rio Grande Basin; 

10 (iv) the Lower Pecos River Basin; 

11 (v) the Gila River Basin; 

12 (vi) the Canadian River Basin; 

13 (vii) the San Francisco River Basin; 

14 and 

15 (viii) the San Juan River Basin. 

16 (2) DISTRICT.—The term ‘‘District’’ means the 

17 Middle Rio Grande Conservancy District. 

18 (3) PUEBLO.—The term ‘‘Pueblo’’ means each 

19 of the following pueblos in the State: 

20 (A) Cochiti. 

21 (B) Santo Domingo. 

22 (C) San Felipe. 


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1 (D) Santa Ana. 

2 (E) Sandia. 

3 (F) Isleta. 

4 (4) RIO GRANDE COMPACT.—The term ‘‘Rio 

5 Grande Compact’’ means the compact approved by 

6 Congress under the Act of May 31, 1939 (53 Stat. 

7 785, chapter 155). 

8 (5) SECRETARIES.—The term ‘‘Secretaries’’ 

9 means— 

10 (A) the Administrator of the Environ11 mental Protection Agency; 

12 (B) the Secretary of Commerce; and 

13 (C) the Secretary of the Interior. 

14 (6) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (7) STATE.—The term ‘‘State’’ means the State 

17 of New Mexico. 

18 SEC. 3. WATER ACQUISITION PROGRAM. 

19 (a) IN GENERAL.—The Secretary, acting through the 

20 Commissioner of Reclamation, shall carry out in the Ba21 sins a water acquisition program in coordination with the 

22 other appropriate Federal agencies, State agencies, and 

23 non-Federal stakeholders, under which the Secretary 

24 shall— 


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1 (1) make acquisitions of water in the Basins by 

2 lease or purchase of water rights or contractual enti3 tlements from willing lessors or sellers, consistent 

4 with section 8 of the Act of June 17, 1902 (43 

5 U.S.C. 383), the Rio Grande Compact, and applica6 ble State law relating to the acquisition and admin7 istration of water rights; and 

8 (2) take any other actions, consistent with sec9 tion 8 of the Act of June 17, 1902 (43 U.S.C. 383), 

10 the Rio Grande Compact, and applicable State law, 

11 that the Secretary determines would achieve the pur12 poses of the water acquisition program described in 

13 subsection (b). 

14 (b) PURPOSES.—The purposes of the water acquisi15 tion program are— 

16 (1) to enhance stream flow to benefit fish and 

17 wildlife (including endangered species), water qual18 ity, and river ecosystem restoration in the Basins; 

19 and 

20 (2) to enhance stewardship and conservation of 

21 working land, water, and watersheds in the Basins, 

22 consistent with the purpose described in paragraph 

23 (1). 

24 (c) COORDINATION.—To assist in developing and ad25 ministering the program, the Secretary may provide funds 


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1 to a federally established nonprofit entity with particular 

2 expertise in western water transactions. 

3 (d) DISTRICT PROJECTS.—Subject to the Rio Grande 

4 Compact and applicable State law, the Secretary may de5 velop programs to provide— 

6 (1) cost-share assistance to the District or agri7 cultural producers and irrigators in the District for 

8 making irrigation system improvements and increase 

9 system efficiency; 

10 (2) incentives to the District for the establish11 ment of a water leasing program from willing lessors 

12 for agricultural producers and irrigators in the Dis13 trict to temporarily lease pre-1907 water rights (in14 stead of permanent severance from irrigable lands) 

15 for the purpose of providing benefits to species listed 

16 under the Endangered Species Act of 1973 (16 

17 U.S.C. 1531 et seq.) and other river ecosystem bene18 fits; and 

19 (3) cost-share assistance to the District to im20 plement infrastructure or operational changes that 

21 will allow for effective management of a leasing pro22 gram, while maintaining adequate water deliveries to 

23 other agricultural producers and irrigators. 


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1 SEC. 4. WATER CONSERVATION. 

2 (a) IN GENERAL.—The Secretary, in cooperation 

3 with the District and in consultation with the Pueblos, 

4 may provide funding and technical assistance for the in5 stallation of metering and measurement devices and the 

6 construction of check structures on irrigation diversions, 

7 canals, laterals, ditches, and drains— 

8 (1) to ensure the conservation and efficient use 

9 of water within the District by— 

10 (A) reducing actual consumptive use; or 

11 (B) not increasing the use of water; and 

12 (2) to improve the measurement and allocation 

13 of water acquired through the water acquisition pro14 gram established under section 3. 

15 (b) RIO GRANDE, SAN ACACIA AND ISLETA

16 REACHES.— 

17 (1) IN GENERAL.—The Secretary shall provide 

18 for development of a comprehensive plan for the San 

19 Acacia and Isleta reaches to plan, design, construct 

20 and prioritize projects that balance river mainte21 nance, water availability, use, and delivery, and eco22 system benefits, including— 

23 (A) planning, permitting, and construction 

24 of a pumping station at Bosque del Apache Na25 tional Wildlife Refuge for the purpose of more 

26 efficiently using water to provide— 


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1 (i) a stable supply for the refuge; and 

2 (ii) an efficient and reliable supply of 

3 water to the Rio Grande for the benefit of 

4 the endangered silvery minnow and South5 western willow flycatcher; 

6 (B) planning, permitting, and construction 

7 of a river channel realignment project near the 

8 Rio Grande mile-83 for the purpose addressing 

9 river channel aggradation while maintaining 

10 floodplain connectivity; 

11 (C) planning, permitting, and construction 

12 of a controlled outlet for the low flow convey13 ance channel to the Rio Grande between Fort 

14 Craig, New Mexico and Rio Grande mile-60 for 

15 the purpose of water use and delivery, enhance16 ment and development of habitat areas, and 

17 possible creation of a single-channel river eco18 system; and 

19 (D) development of a Lower Reach Plan— 

20 (i) to identify additional projects and 

21 maintenance activities with water use, sedi22 ment management, and delivery and eco23 system benefits; and 

24 (ii) to prioritize implementation of all 

25 projects and activities. 


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1 (2) PUBLIC PARTICIPATION.—In carrying out 

2 this subsection, the Secretary shall provide a process 

3 for public participation and comment during plan 

4 development and alternative analysis. 

5 SEC. 5. MIDDLE RIO GRANDE PEAK FLOW RESTORATION. 

6 (a) TEMPORARY DEVIATION.—During the 5-year pe7 riod beginning on the date of enactment of this Act, the 

8 Secretary of the Army shall continue the temporary devi9 ation in the operation of Cochiti Lake and Jemez Canyon 

10 Dam, that was initiated in 2009 and terminated in 2013, 

11 to continue to evaluate the benefits of the deviation. 

12 (b) FEASIBILITY STUDY AND REPORT.—Not later 

13 than 1 year after the date of enactment of this Act, the 

14 Secretary of the Army and the Secretary shall— 

15 (1) conduct a feasibility study to address 

16 Cochiti Dam operation limitations on the timing, 

17 magnitude, and duration of flows that support feder18 ally listed species in the Middle Rio Grande, con19 sistent with subsection (c); and 

20 (2) submit to Congress a feasibility report on 

21 the reauthorization of the purposes of Cochiti Dam. 

22 (c) GOALS.—The deviation described in subsection 

23 (a) shall provide for the detention and release of native 

24 Rio Grande water and San Juan-Chama Project water 

25 with the goals of— 


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1 (1) restoring natural river processes to the Rio 

2 Grande, including a spring peak flow to the Rio 

3 Grande; 

4 (2) increasing the spawning and recruitment of 

5 endangered Rio Grande silvery minnows; 

6 (3) creating overbanking flows that are nec7 essary— 

8 (A) to maintain a healthy bosque; and 

9 (B) to support habitat for the South10 western willow flycatcher and other wildlife; 

11 (4) maintaining channel capacity; and 

12 (5) increasing water operational flexibility and 

13 efficiencies in meeting irrigation and municipal and 

14 industrial purposes, if the increased water oper15 ational flexibility and efficiencies enhance the goals 

16 described in paragraphs (1) and (4). 

17 (d) MONITORING.—The Secretary of the Army, in co18 operation with the Secretary and other Federal and non19 Federal stakeholders shall— 

20 (1) monitor the environmental effects, benefits, 

21 and results of the deviation mandated under this 

22 section; and 

23 (2) compile any data necessary to evaluate the 

24 need for further amendment to the authorizations 


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1 and water control manuals for Cochiti Lake or 

2 Jemez Canyon Dam. 

3 (e) APPROVAL REQUIRED.—Before implementing the 

4 proposed deviation under this section, as required by the 

5 applicable water control manuals, the Secretary of the 

6 Army shall first obtain approval from— 

7 (1) Pueblo de Cochiti; 

8 (2) Pueblo of Santa Ana; and 

9 (3) the Rio Grande Compact Commission. 

10 (f) REPORTS.—The Secretary of the Army shall pre11 pare and submit to Congress— 

12 (1) for each year in which the deviations are 

13 being carried out under this section, annual reports 

14 that describe the data compiled under subsection 

15 (d)(2); and 

16 (2) at the end of the period described in sub17 section (a), a final, cumulative report that summa18 rizes the data obtained during that period. 

19 SEC. 6. NATIONAL ACADEMY OF SCIENCES STUDY. 

20 (a) DEFINITION OF BASIN.— 

21 (1) IN GENERAL.—In this section, the term 

22 ‘‘basin’’ means the Rio Grande and the tributaries 

23 of the Rio Grande between— 

24 (A) the headwaters of the Rio Grande and 

25 the Rio Chama in the State of Colorado; and 


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1 (B) Elephant Butte Reservoir in the State. 

2 (2) EXCLUSIONS.—In this section, the term 

3 ‘‘basin’’ does not include Elephant Butte Reservoir, 

4 Caballo Dam, or any portion of the Rio Grande or 

5 the tributaries of the Rio Grande downstream of 

6 Elephant Butte Reservoir. 

7 (b) STUDY.—Not later than 60 days after the date 

8 of enactment of this Act, the Secretary of the Army and 

9 the Secretary shall enter into an arrangement with the 

10 National Academy of Sciences to carry out a study on 

11 water and reservoir management and operation issues in 

12 the basin (including the Heron, El Vado, Abiquiu, Cochiti, 

13 and Jemez Canyon Dams and Reservoirs), which shall in14 clude— 

15 (1) an evaluation of existing basin reservoir au16 thorizations and legal requirements; 

17 (2) a summary of— 

18 (A) the physical-hydrologic understanding 

19 of existing basin reservoir operations; and 

20 (B) any potential constraints on basin res21 ervoirs in light of climate change projections; 

22 (3) an identification of opportunities to opti23 mize water storage and management to benefit the 

24 basin ecosystem, irrigators and municipal users, and 

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1 tion of, reoperation of, regulation of, or physical im2 provements to the reservoirs; 

3 (4) an evaluation of the physical-hydrologic fea4 sibility of the identified future basin reservoir man5 agement scenarios; 

6 (5) an identification of water use, supply, and 

7 accounting impacts to other stakeholders in the 

8 State; 

9 (6) consideration of operations such as— 

10 (A) the storage of supplemental water ac11 quired by and under the control of the Bureau 

12 of Reclamation; 

13 (B) the carryover storage of San Juan14 Chama Project contract water; 

15 (C) the Pueblo Prior and Paramount oper16 ation water; 

17 (D) changes in timing of water released to 

18 offset municipal pumping; 

19 (E) changes in the timing of storage and 

20 release of floodwaters; 

21 (F) the reduction of evaporative losses 

22 from basin reservoirs; 

23 (G) conservation of water resulting from 

24 irrigation operation changes by non-Indian and 

25 Pueblo irrigators; 


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1 (H) the impacts of management and oper2 ations on recreation and hydropower; 

3 (I) the impacts of management and oper4 ations on the basin ecosystem and the habitats 

5 that support species listed under the Endan6 gered Species Act of 1973 (16 U.S.C. 1531 et 

7 seq.); and 

8 (J) any other factors the Academy deter9 mines to be necessary for purposes of fully eval10 uating opportunities to achieve greater water 

11 conservation, drought resiliency, and ecological 

12 health in the basin; and 

13 (7) recommendations for future management 

14 scenarios and measures that Congress could take 

15 with respect to the basin, consistent with all applica16 ble law, including the Act of June 17, 1902 (43 

17 U.S.C. 383), and the Rio Grande Compact to assist 

18 the agencies in establishing more flexible operating 

19 procedures to improve the performance of basin res20 ervoir operations in accommodating multiple pur21 poses. 

22 (c) COSPONSORS.—The Secretary of the Army and 

23 the Secretary may solicit cosponsors for the study under 

24 subsection (b), as appropriate, including State or private 

25 organizations. 


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1 (d) PUBLIC AVAILABILITY OF STUDY.—On the date 

2 on which the National Academy of Sciences completes the 

3 study under this section, the National Academy of 

4 Sciences shall make available to the public the results of 

5 the study. 

6 (e) REPORT.—Not later than 2 years after the date 

7 of enactment of this Act, the National Academy of 

8 Sciences shall submit to the Secretary of the Army and 

9 the Secretary a report that contains a summary of the 

10 results of the study conducted under this section. 

11 SEC. 7. EMERGENCY FUNDING. 

12 (a) FINANCIAL ASSISTANCE.— 

13 (1) IN GENERAL.—Financial assistance may be 

14 made available under the Reclamation States Emer15 gency Drought Relief Act of 1991 (43 U.S.C. 2201 

16 et seq.), title XII of the Food Security Act of 1985 

17 (16 U.S.C. 3801 et seq.), and any other applicable 

18 Federal law (including regulations), to each applica19 ble program at the discretion of the Secretaries for 

20 eligible water projects to assist western States and 

21 tribal governments to address drought-related im22 pacts to water supplies or any other immediate 

23 water-related crisis or conflict. 

24 (2) ADDITIONAL AVAILABILITY.—Financial as25 sistance may be made available under this section to 


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1 organizations and entities with water delivery au2 thority that are engaged in collaborative processes to 

3 restore the environment or are part of a basin-wide 

4 solution for restoration. 

5 (b) TYPES OF ASSISTANCE.—Assistance under sub6 section (a) may include a range of projects, including— 

7 (1) the installation of pumps, temporary bar8 riers, or operable gates for water diversion and fish 

9 protection; 

10 (2) the installation of drought-relief ground11 water wells for Indian tribes and in wildlife refuges 

12 and other areas; 

13 (3) the acquisition or assistance in the acquisi14 tion of water from willing sellers to enhance stream 

15 flow for the benefit of fish and wildlife (including en16 dangered species), water quality, river ecosystem res17 toration, and other beneficial purposes, to be carried 

18 out in accordance with the water acquisition pro19 gram established under section 3; 

20 (4) agricultural and urban conservation and ef21 ficiency projects; 

22 (5) exchanges with any water district willing to 

23 provide water to meet the emergency water needs of 

24 other water districts in return for the delivery of 


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1 equivalent quantities of water later that year or in 

2 future years; 

3 (6) maintenance of cover crops to prevent pub4 lic health impacts from severe dust storms; 

5 (7) emergency pumping projects for critical 

6 health and safety purposes; 

7 (8) activities to reduce water demand consistent 

8 with a comprehensive program for environmental 

9 restoration and settlement of water rights claims; 

10 (9) the use of new or innovative on-farm water 

11 conservation technologies or methods that may— 

12 (A) assist in sustaining permanent crops in 

13 areas with severe water shortages; and 

14 (B) make water available for other bene15 ficial uses; 

16 (10) activities that protect, restore, or enhance 

17 fish and wildlife habitat or otherwise improve envi18 ronmental conditions, including water quantity or 

19 quality concerns and improved fish passage; 

20 (11) activities reducing or preventing ground21 water depletion or promoting groundwater recharge; 

22 (12) technical assistance to improve existing ir23 rigation practices to provide water supply benefits; 


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1 (13) the investigation of, and pilot projects for, 

2 brackish water development and aquifer storage and 

3 recovery; 

4 (14) the lining of irrigation ditches and canals 

5 to reduce water loss and improve efficiency; 

6 (15) assistance to municipal water management 

7 entities for water supply planning in preparation for 

8 and in response to dry, critically dry, and below nor9 mal water years, including— 

10 (A) hydrological forecasting; 

11 (B) identification of alternative water sup12 ply sources; and 

13 (C) guidance on potential water transfer 

14 partners; and 

15 (16) any other assistance the Secretary deter16 mines to be necessary to increase available water 

17 supplies, maintain the health of river ecosystems, or 

18 mitigate drought impacts. 

19 SEC. 8. SECURE WATER ACT REAUTHORIZATION. 

20 Section 9504(a) of the Omnibus Public Land Man21 agement Act of 2009 (42 U.S.C. 10364(a)) is amended— 

22 (1) in paragraph (1)(H)— 

23 (A) in clause (i), by striking ‘‘or’’ at the 

24 end; 


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1 (B) in clause (ii), by striking the period at 

2 the end and inserting ‘‘; or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(iii) to plan for or address the im5 pacts of drought.’’; and 

6 (2) in paragraph (3)(E), by adding at the end 

7 the following: 

8 ‘‘(v) AUTHORITY OF COMMIS9 SIONER.—The Commissioner of Reclama10 tion may, at the discretion of the Commis11 sioner, waive any cost-share require12 ments.’’. 

13 SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RE14 LIEF ACT REAUTHORIZATION. 

15 Section 301 of the Reclamation States Emergency 

16 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 

17 by striking ‘‘2017’’ and inserting ‘‘2022’’. 

18 SEC. 10. RIO GRANDE PUEBLO IRRIGATION INFRASTRUC19 TURE REAUTHORIZATION. 

20 Section 9106 of the Omnibus Public Land Manage21 ment Act of 2009 (Public Law 111–11; 123 Stat. 1304) 

22 is amended— 

23 (1) in subsection (c)(4), by striking ‘‘2 years 

24 after the date of enactment of this Act’’ and insert25 ing ‘‘December 31, 2018’’; and 


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1 (2) in subsection (g)(2), by striking ‘‘2010 

2 through 2019’’ and inserting ‘‘2017 through 2025’’. 

3 SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PRO4 GRAM. 

5 The Secretary of Agriculture may allocate financial 

6 assistance made available under subtitle I of title XII of 

7 the Food Security Act of 1985 (16 U.S.C. 3871 et seq.) 

8 to establish special conservation initiatives at the local, 

9 State, or regional level to assist producers in implementing 

10 eligible activities on agricultural land in the western States 

11 for the purposes of— 

12 (1) mitigating the effects of drought on agricul13 tural production and the environment; 

14 (2) improving water quality and quantity, in15 cluding reducing groundwater depletion; 

16 (3) restoring, enhancing, and preserving fish 

17 and wildlife habitat; and 

18 (4) promoting innovative and collaborative con19 servation tools and approaches. 

20 SEC. 12. CONSERVATION RESERVE PROGRAM. 

21 (a) CONSERVATION PRIORITY AREAS.—Section 

22 1231(f) of the Food Security Act of 1985 (16 U.S.C. 

23 3831(f)) is amended— 

24 (1) in paragraph (2), by striking ‘‘or’’ and all 

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1 serting ‘‘, water quantity, or habitat impacts related 

2 to agricultural production activities.’’; 

3 (2) in paragraph (3), by striking ‘‘or’’ and all 

4 that follows through the period at the end and in5 serting ‘‘, water quantity, or habitat impacts related 

6 to agricultural production activities.’’; and 

7 (3) in paragraph (4), by striking ‘‘water quality 

8 and habitat benefits’’ and inserting ‘‘water quality, 

9 water quantity, and habitat benefits’’. 

10 (b) SPECIAL CONSERVATION RESERVE ENHANCE11 MENT PROGRAM.—Section 1234(g)(2)(B) of the Food Se12 curity Act of 1985 (16 U.S.C. 3834(g)(2)(B)) is amended 

13 by inserting ‘‘, including improving water conservation and 

14 drought mitigation’’ before the period at the end. 

15 SEC. 13. EFFECT ON EXISTING LAW. 

16 (a) IN GENERAL.—An action taken by any of the 

17 Secretaries or another entity under this Act or an amend18 ment made by this Act shall comply with applicable State 

19 laws in effect on the date of enactment of this Act, includ20 ing a law described in subsection (b). 

21 (b) STATE LAW.—Nothing in this Act or an amend22 ment made by this Act affects, is intended to affect, or 

23 interferes with a law of the State relating to the control, 

24 appropriation, use, or distribution of water, or any vested 

25 right acquired under the law. 


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1 (c) RIO GRANDE COMPACT.—Nothing in this Act or 

2 an amendment made by this Act affects or is intended to 

3 affect or interfere with any obligation of a State under 

4 the Rio Grand Compact or any litigation related to the 

5 Rio Grande Compact. 

Æ 


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