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

<DOC>

                                                       Calendar No. 645
115th CONGRESS
  2d Session
                                S. 1012

                          [Report No. 115-358]

   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

                           November 14, 2018

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 3. WATER ACQUISITION PROGRAM.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Purposes.--The purposes of the water acquisition 
program are--</DELETED>
        <DELETED>    (1) to enhance stream flow to benefit fish and 
        wildlife (including endangered species), water quality, and 
        river ecosystem restoration in the Basins; and</DELETED>
        <DELETED>    (2) to enhance stewardship and conservation of 
        working land, water, and watersheds in the Basins, consistent 
        with the purpose described in paragraph (1).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) District Projects.--Subject to the Rio Grande Compact 
and applicable State law, the Secretary may develop programs to 
provide--</DELETED>
        <DELETED>    (1) cost-share assistance to the District or 
        agricultural producers and irrigators in the District for 
        making irrigation system improvements and increase system 
        efficiency;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. WATER CONSERVATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) to ensure the conservation and efficient use 
        of water within the District by--</DELETED>
                <DELETED>    (A) reducing actual consumptive use; 
                or</DELETED>
                <DELETED>    (B) not increasing the use of water; 
                and</DELETED>
        <DELETED>    (2) to improve the measurement and allocation of 
        water acquired through the water acquisition program 
        established under section 3.</DELETED>
<DELETED>    (b) Rio Grande, San Acacia and Isleta Reaches.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) a stable supply for the 
                        refuge; and</DELETED>
                        <DELETED>    (ii) an efficient and reliable 
                        supply of water to the Rio Grande for the 
                        benefit of the endangered silvery minnow and 
                        Southwestern willow flycatcher;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) development of a Lower Reach Plan--
                </DELETED>
                        <DELETED>    (i) to identify additional 
                        projects and maintenance activities with water 
                        use, sediment management, and delivery and 
                        ecosystem benefits; and</DELETED>
                        <DELETED>    (ii) to prioritize implementation 
                        of all projects and activities.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. MIDDLE RIO GRANDE PEAK FLOW RESTORATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) submit to Congress a feasibility report on the 
        reauthorization of the purposes of Cochiti Dam.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) restoring natural river processes to the Rio 
        Grande, including a spring peak flow to the Rio 
        Grande;</DELETED>
        <DELETED>    (2) increasing the spawning and recruitment of 
        endangered Rio Grande silvery minnows;</DELETED>
        <DELETED>    (3) creating overbanking flows that are 
        necessary--</DELETED>
                <DELETED>    (A) to maintain a healthy bosque; 
                and</DELETED>
                <DELETED>    (B) to support habitat for the 
                Southwestern willow flycatcher and other 
                wildlife;</DELETED>
        <DELETED>    (4) maintaining channel capacity; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (d) Monitoring.--The Secretary of the Army, in cooperation 
with the Secretary and other Federal and non-Federal stakeholders 
shall--</DELETED>
        <DELETED>    (1) monitor the environmental effects, benefits, 
        and results of the deviation mandated under this section; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) Pueblo de Cochiti;</DELETED>
        <DELETED>    (2) Pueblo of Santa Ana; and</DELETED>
        <DELETED>    (3) the Rio Grande Compact Commission.</DELETED>
<DELETED>    (f) Reports.--The Secretary of the Army shall prepare and 
submit to Congress--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) at the end of the period described in 
        subsection (a), a final, cumulative report that summarizes the 
        data obtained during that period.</DELETED>

<DELETED>SEC. 6. NATIONAL ACADEMY OF SCIENCES STUDY.</DELETED>

<DELETED>    (a) Definition of Basin.--</DELETED>
        <DELETED>    (1) In general.--In this section, the term 
        ``basin'' means the Rio Grande and the tributaries of the Rio 
        Grande between--</DELETED>
                <DELETED>    (A) the headwaters of the Rio Grande and 
                the Rio Chama in the State of Colorado; and</DELETED>
                <DELETED>    (B) Elephant Butte Reservoir in the 
                State.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) an evaluation of existing basin reservoir 
        authorizations and legal requirements;</DELETED>
        <DELETED>    (2) a summary of--</DELETED>
                <DELETED>    (A) the physical-hydrologic understanding 
                of existing basin reservoir operations; and</DELETED>
                <DELETED>    (B) any potential constraints on basin 
                reservoirs in light of climate change 
                projections;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) an evaluation of the physical-hydrologic 
        feasibility of the identified future basin reservoir management 
        scenarios;</DELETED>
        <DELETED>    (5) an identification of water use, supply, and 
        accounting impacts to other stakeholders in the 
        State;</DELETED>
        <DELETED>    (6) consideration of operations such as--
        </DELETED>
                <DELETED>    (A) the storage of supplemental water 
                acquired by and under the control of the Bureau of 
                Reclamation;</DELETED>
                <DELETED>    (B) the carryover storage of San Juan-
                Chama Project contract water;</DELETED>
                <DELETED>    (C) the Pueblo Prior and Paramount 
                operation water;</DELETED>
                <DELETED>    (D) changes in timing of water released to 
                offset municipal pumping;</DELETED>
                <DELETED>    (E) changes in the timing of storage and 
                release of floodwaters;</DELETED>
                <DELETED>    (F) the reduction of evaporative losses 
                from basin reservoirs;</DELETED>
                <DELETED>    (G) conservation of water resulting from 
                irrigation operation changes by non-Indian and Pueblo 
                irrigators;</DELETED>
                <DELETED>    (H) the impacts of management and 
                operations on recreation and hydropower;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. EMERGENCY FUNDING.</DELETED>

<DELETED>    (a) Financial Assistance.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Types of Assistance.--Assistance under subsection (a) 
may include a range of projects, including--</DELETED>
        <DELETED>    (1) the installation of pumps, temporary barriers, 
        or operable gates for water diversion and fish 
        protection;</DELETED>
        <DELETED>    (2) the installation of drought-relief groundwater 
        wells for Indian tribes and in wildlife refuges and other 
        areas;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) agricultural and urban conservation and 
        efficiency projects;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) maintenance of cover crops to prevent public 
        health impacts from severe dust storms;</DELETED>
        <DELETED>    (7) emergency pumping projects for critical health 
        and safety purposes;</DELETED>
        <DELETED>    (8) activities to reduce water demand consistent 
        with a comprehensive program for environmental restoration and 
        settlement of water rights claims;</DELETED>
        <DELETED>    (9) the use of new or innovative on-farm water 
        conservation technologies or methods that may--</DELETED>
                <DELETED>    (A) assist in sustaining permanent crops 
                in areas with severe water shortages; and</DELETED>
                <DELETED>    (B) make water available for other 
                beneficial uses;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (11) activities reducing or preventing groundwater 
        depletion or promoting groundwater recharge;</DELETED>
        <DELETED>    (12) technical assistance to improve existing 
        irrigation practices to provide water supply 
        benefits;</DELETED>
        <DELETED>    (13) the investigation of, and pilot projects for, 
        brackish water development and aquifer storage and 
        recovery;</DELETED>
        <DELETED>    (14) the lining of irrigation ditches and canals 
        to reduce water loss and improve efficiency;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) hydrological forecasting;</DELETED>
                <DELETED>    (B) identification of alternative water 
                supply sources; and</DELETED>
                <DELETED>    (C) guidance on potential water transfer 
                partners; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. SECURE WATER ACT REAUTHORIZATION.</DELETED>

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

<DELETED>SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT 
              REAUTHORIZATION.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 10. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE 
              REAUTHORIZATION.</DELETED>

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

<DELETED>SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) mitigating the effects of drought on 
        agricultural production and the environment;</DELETED>
        <DELETED>    (2) improving water quality and quantity, 
        including reducing groundwater depletion;</DELETED>
        <DELETED>    (3) restoring, enhancing, and preserving fish and 
        wildlife habitat; and</DELETED>
        <DELETED>    (4) promoting innovative and collaborative 
        conservation tools and approaches.</DELETED>

<DELETED>SEC. 12. CONSERVATION RESERVE PROGRAM.</DELETED>

<DELETED>    (a) Conservation Priority Areas.--Section 1231(f) of the 
Food Security Act of 1985 (16 U.S.C. 3831(f)) is amended--</DELETED>
        <DELETED>    (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.'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) in paragraph (4), by striking ``water quality 
        and habitat benefits'' and inserting ``water quality, water 
        quantity, and habitat benefits''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 13. EFFECT ON EXISTING LAW.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``New Mexico Drought 
Preparedness Act of 2018''.
    (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. National Academy of Sciences study.
Sec. 6. Emergency funding.
Sec. 7. Secure Water Act grants and cooperative agreements.
Sec. 8. Rio Grande Pueblo irrigation infrastructure reauthorization.
Sec. 9. 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. 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) Coordination With Other Studies.--To the maximum extent 
practicable, the study carried out under subsection (b) shall be 
coordinated with, and use data collected and analyses conducted for, 
other studies of the basin, including the Bureau of Reclamation Rio 
Grande Basin Study initiated in 2017.
    (d) Cosponsors.--The Secretary of the Army and the Secretary shall 
solicit cosponsors to contribute not less than 50 percent of the costs 
of the study under subsection (b), as appropriate, including State or 
private organizations.
    (e) 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.
    (f) 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. 6. 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.) 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. 7. SECURE WATER ACT GRANTS AND COOPERATIVE AGREEMENTS.

    Section 9504(a)(1)(H) of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10364(a)(1)(H)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) to plan for or address the impacts 
                        of drought.''.

SEC. 8. 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, 
        2019''; and
            (2) in subsection (g)(2), by striking ``2010 through 2019'' 
        and inserting ``2018 through 2026''.

SEC. 9. 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.
                                                       Calendar No. 645

115th CONGRESS

  2d Session

                                S. 1012

                          [Report No. 115-358]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 14, 2018

                       Reported with an amendment
```