II 

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. 

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’’. 


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

2 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. 

3 SEC. 2. DEFINITIONS. 

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

5 (1) BASIN.—The term ‘‘Basin’’— 

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

7 New Mexico; and 

8 (B) means each of— 

9 (i) the Upper Rio Grande Basin; 

10 (ii) the Middle Rio Grande Basin; 

11 (iii) the Lower Rio Grande Basin; 

12 (iv) the Lower Pecos River Basin; 

13 (v) the Gila River Basin; 

14 (vi) the Canadian River Basin; 

15 (vii) the San Francisco River Basin; 

16 and 

17 (viii) the San Juan River Basin. 

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

19 Middle Rio Grande Conservancy District. 


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

2 of the following pueblos in the State: 

3 (A) Cochiti. 

4 (B) Santo Domingo. 

5 (C) San Felipe. 

6 (D) Santa Ana. 

7 (E) Sandia. 

8 (F) Isleta. 

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

10 Grande Compact’’ means the compact approved by 

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

12 785, chapter 155). 

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

14 means— 

15 (A) the Administrator of the Environ16 mental Protection Agency; 

17 (B) the Secretary of Commerce; and 

18 (C) the Secretary of the Interior. 

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

20 the Secretary of the Interior. 

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

22 of New Mexico. 

23 SEC. 3. WATER ACQUISITION PROGRAM. 

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

25 Commissioner of Reclamation, shall carry out in the BaVerDate Sep 11 2014 23:01 Nov 14, 2018 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1012.RS S1012

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1 sins a water acquisition program in coordination with the 

2 other appropriate Federal agencies, State agencies, and 

3 non-Federal stakeholders, under which the Secretary 

4 shall— 

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

6 lease or purchase of water rights or contractual enti7 tlements from willing lessors or sellers, consistent 

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

9 U.S.C. 383), the Rio Grande Compact, and applica10 ble State law relating to the acquisition and admin11 istration of water rights; and 

12 (2) take any other actions, consistent with sec13 tion 8 of the Act of June 17, 1902 (43 U.S.C. 383), 

14 the Rio Grande Compact, and applicable State law, 

15 that the Secretary determines would achieve the pur16 poses of the water acquisition program described in 

17 subsection (b). 

18 (b) PURPOSES.—The purposes of the water acquisi19 tion program are— 

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

21 wildlife (including endangered species), water qual22 ity, and river ecosystem restoration in the Basins; 

23 and 

24 (2) to enhance stewardship and conservation of 

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


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1 consistent with the purpose described in paragraph 

2 (1). 

3 (c) COORDINATION.—To assist in developing and ad4 ministering the program, the Secretary may provide funds 

5 to a federally established nonprofit entity with particular 

6 expertise in western water transactions. 

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

8 Compact and applicable State law, the Secretary may de9 velop programs to provide— 

10 (1) cost-share assistance to the District or agri11 cultural producers and irrigators in the District for 

12 making irrigation system improvements and increase 

13 system efficiency; 

14 (2) incentives to the District for the establish15 ment of a water leasing program from willing lessors 

16 for agricultural producers and irrigators in the Dis17 trict to temporarily lease pre-1907 water rights (in18 stead of permanent severance from irrigable lands) 

19 for the purpose of providing benefits to species listed 

20 under the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.) and other river ecosystem bene22 fits; and 

23 (3) cost-share assistance to the District to im24 plement infrastructure or operational changes that 

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1 gram, while maintaining adequate water deliveries to 

2 other agricultural producers and irrigators. 

3 SEC. 4. WATER CONSERVATION. 

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

5 with the District and in consultation with the Pueblos, 

6 may provide funding and technical assistance for the in7 stallation of metering and measurement devices and the 

8 construction of check structures on irrigation diversions, 

9 canals, laterals, ditches, and drains— 

10 (1) to ensure the conservation and efficient use 

11 of water within the District by— 

12 (A) reducing actual consumptive use; or 

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

14 (2) to improve the measurement and allocation 

15 of water acquired through the water acquisition pro16 gram established under section 3. 

17 (b) RIO GRANDE, SAN ACACIA AND ISLETA

18 REACHES.— 

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

20 for development of a comprehensive plan for the San 

21 Acacia and Isleta reaches to plan, design, construct 

22 and prioritize projects that balance river mainte23 nance, water availability, use, and delivery, and eco24 system benefits, including— 


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1 (A) planning, permitting, and construction 

2 of a pumping station at Bosque del Apache Na3 tional Wildlife Refuge for the purpose of more 

4 efficiently using water to provide— 

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

6 (ii) an efficient and reliable supply of 

7 water to the Rio Grande for the benefit of 

8 the endangered silvery minnow and South9 western willow flycatcher; 

10 (B) planning, permitting, and construction 

11 of a river channel realignment project near the 

12 Rio Grande mile-83 for the purpose addressing 

13 river channel aggradation while maintaining 

14 floodplain connectivity; 

15 (C) planning, permitting, and construction 

16 of a controlled outlet for the low flow convey17 ance channel to the Rio Grande between Fort 

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

19 the purpose of water use and delivery, enhance20 ment and development of habitat areas, and 

21 possible creation of a single-channel river eco22 system; and 

23 (D) development of a Lower Reach Plan— 

24 (i) to identify additional projects and 

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1 ment management, and delivery and eco2 system benefits; and 

3 (ii) to prioritize implementation of all 

4 projects and activities. 

5 (2) PUBLIC PARTICIPATION.—In carrying out 

6 this subsection, the Secretary shall provide a process 

7 for public participation and comment during plan 

8 development and alternative analysis. 

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

10 (a) TEMPORARY DEVIATION.—During the 5-year pe11 riod beginning on the date of enactment of this Act, the 

12 Secretary of the Army shall continue the temporary devi13 ation in the operation of Cochiti Lake and Jemez Canyon 

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

15 to continue to evaluate the benefits of the deviation. 

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

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

18 Secretary of the Army and the Secretary shall— 

19 (1) conduct a feasibility study to address 

20 Cochiti Dam operation limitations on the timing, 

21 magnitude, and duration of flows that support feder22 ally listed species in the Middle Rio Grande, con23 sistent with subsection (c); and 

24 (2) submit to Congress a feasibility report on 

25 the reauthorization of the purposes of Cochiti Dam. 


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

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

3 Rio Grande water and San Juan-Chama Project water 

4 with the goals of— 

5 (1) restoring natural river processes to the Rio 

6 Grande, including a spring peak flow to the Rio 

7 Grande; 

8 (2) increasing the spawning and recruitment of 

9 endangered Rio Grande silvery minnows; 

10 (3) creating overbanking flows that are nec11 essary— 

12 (A) to maintain a healthy bosque; and 

13 (B) to support habitat for the South14 western willow flycatcher and other wildlife; 

15 (4) maintaining channel capacity; and 

16 (5) increasing water operational flexibility and 

17 efficiencies in meeting irrigation and municipal and 

18 industrial purposes, if the increased water oper19 ational flexibility and efficiencies enhance the goals 

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

21 (d) MONITORING.—The Secretary of the Army, in co22 operation with the Secretary and other Federal and non23 Federal stakeholders shall— 


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1 (1) monitor the environmental effects, benefits, 

2 and results of the deviation mandated under this 

3 section; and 

4 (2) compile any data necessary to evaluate the 

5 need for further amendment to the authorizations 

6 and water control manuals for Cochiti Lake or 

7 Jemez Canyon Dam. 

8 (e) APPROVAL REQUIRED.—Before implementing the 

9 proposed deviation under this section, as required by the 

10 applicable water control manuals, the Secretary of the 

11 Army shall first obtain approval from— 

12 (1) Pueblo de Cochiti; 

13 (2) Pueblo of Santa Ana; and 

14 (3) the Rio Grande Compact Commission. 

15 (f) REPORTS.—The Secretary of the Army shall pre16 pare and submit to Congress— 

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

18 being carried out under this section, annual reports 

19 that describe the data compiled under subsection 

20 (d)(2); and 

21 (2) at the end of the period described in sub22 section (a), a final, cumulative report that summa23 rizes the data obtained during that period. 

24 SEC. 6. NATIONAL ACADEMY OF SCIENCES STUDY. 

25 (a) DEFINITION OF BASIN.— 


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

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

3 of the Rio Grande between— 

4 (A) the headwaters of the Rio Grande and 

5 the Rio Chama in the State of Colorado; and 

6 (B) Elephant Butte Reservoir in the State. 

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

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

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

10 the tributaries of the Rio Grande downstream of 

11 Elephant Butte Reservoir. 

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

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

14 the Secretary shall enter into an arrangement with the 

15 National Academy of Sciences to carry out a study on 

16 water and reservoir management and operation issues in 

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

18 and Jemez Canyon Dams and Reservoirs), which shall in19 clude— 

20 (1) an evaluation of existing basin reservoir au21 thorizations and legal requirements; 

22 (2) a summary of— 

23 (A) the physical-hydrologic understanding 

24 of existing basin reservoir operations; and 


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1 (B) any potential constraints on basin res2 ervoirs in light of climate change projections; 

3 (3) an identification of opportunities to opti4 mize water storage and management to benefit the 

5 basin ecosystem, irrigators and municipal users, and 

6 to promote water conservation through reauthoriza7 tion of, reoperation of, regulation of, or physical im8 provements to the reservoirs; 

9 (4) an evaluation of the physical-hydrologic fea10 sibility of the identified future basin reservoir man11 agement scenarios; 

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

13 accounting impacts to other stakeholders in the 

14 State; 

15 (6) consideration of operations such as— 

16 (A) the storage of supplemental water ac17 quired by and under the control of the Bureau 

18 of Reclamation; 

19 (B) the carryover storage of San Juan20 Chama Project contract water; 

21 (C) the Pueblo Prior and Paramount oper22 ation water; 

23 (D) changes in timing of water released to 

24 offset municipal pumping; 


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1 (E) changes in the timing of storage and 

2 release of floodwaters; 

3 (F) the reduction of evaporative losses 

4 from basin reservoirs; 

5 (G) conservation of water resulting from 

6 irrigation operation changes by non-Indian and 

7 Pueblo irrigators; 

8 (H) the impacts of management and oper9 ations on recreation and hydropower; 

10 (I) the impacts of management and oper11 ations on the basin ecosystem and the habitats 

12 that support species listed under the Endan13 gered Species Act of 1973 (16 U.S.C. 1531 et 

14 seq.); and 

15 (J) any other factors the Academy deter16 mines to be necessary for purposes of fully eval17 uating opportunities to achieve greater water 

18 conservation, drought resiliency, and ecological 

19 health in the basin; and 

20 (7) recommendations for future management 

21 scenarios and measures that Congress could take 

22 with respect to the basin, consistent with all applica23 ble law, including the Act of June 17, 1902 (43 

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

25 the agencies in establishing more flexible operating 


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1 procedures to improve the performance of basin res2 ervoir operations in accommodating multiple pur3 poses. 

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

5 the Secretary may solicit cosponsors for the study under 

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

7 organizations. 

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

9 on which the National Academy of Sciences completes the 

10 study under this section, the National Academy of 

11 Sciences shall make available to the public the results of 

12 the study. 

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

14 of enactment of this Act, the National Academy of 

15 Sciences shall submit to the Secretary of the Army and 

16 the Secretary a report that contains a summary of the 

17 results of the study conducted under this section. 

18 SEC. 7. EMERGENCY FUNDING. 

19 (a) FINANCIAL ASSISTANCE.— 

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

21 made available under the Reclamation States Emer22 gency Drought Relief Act of 1991 (43 U.S.C. 2201 

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

24 (16 U.S.C. 3801 et seq.), and any other applicable 

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1 ble program at the discretion of the Secretaries for 

2 eligible water projects to assist western States and 

3 tribal governments to address drought-related im4 pacts to water supplies or any other immediate 

5 water-related crisis or conflict. 

6 (2) ADDITIONAL AVAILABILITY.—Financial as7 sistance may be made available under this section to 

8 organizations and entities with water delivery au9 thority that are engaged in collaborative processes to 

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

11 solution for restoration. 

12 (b) TYPES OF ASSISTANCE.—Assistance under sub13 section (a) may include a range of projects, including— 

14 (1) the installation of pumps, temporary bar15 riers, or operable gates for water diversion and fish 

16 protection; 

17 (2) the installation of drought-relief ground18 water wells for Indian tribes and in wildlife refuges 

19 and other areas; 

20 (3) the acquisition or assistance in the acquisi21 tion of water from willing sellers to enhance stream 

22 flow for the benefit of fish and wildlife (including en23 dangered species), water quality, river ecosystem res24 toration, and other beneficial purposes, to be carried 


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1 out in accordance with the water acquisition pro2 gram established under section 3; 

3 (4) agricultural and urban conservation and ef4 ficiency projects; 

5 (5) exchanges with any water district willing to 

6 provide water to meet the emergency water needs of 

7 other water districts in return for the delivery of 

8 equivalent quantities of water later that year or in 

9 future years; 

10 (6) maintenance of cover crops to prevent pub11 lic health impacts from severe dust storms; 

12 (7) emergency pumping projects for critical 

13 health and safety purposes; 

14 (8) activities to reduce water demand consistent 

15 with a comprehensive program for environmental 

16 restoration and settlement of water rights claims; 

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

18 conservation technologies or methods that may— 

19 (A) assist in sustaining permanent crops in 

20 areas with severe water shortages; and 

21 (B) make water available for other bene22 ficial uses; 

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

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1 ronmental conditions, including water quantity or 

2 quality concerns and improved fish passage; 

3 (11) activities reducing or preventing ground4 water depletion or promoting groundwater recharge; 

5 (12) technical assistance to improve existing ir6 rigation practices to provide water supply benefits; 

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

8 brackish water development and aquifer storage and 

9 recovery; 

10 (14) the lining of irrigation ditches and canals 

11 to reduce water loss and improve efficiency; 

12 (15) assistance to municipal water management 

13 entities for water supply planning in preparation for 

14 and in response to dry, critically dry, and below nor15 mal water years, including— 

16 (A) hydrological forecasting; 

17 (B) identification of alternative water sup18 ply sources; and 

19 (C) guidance on potential water transfer 

20 partners; and 

21 (16) any other assistance the Secretary deter22 mines to be necessary to increase available water 

23 supplies, maintain the health of river ecosystems, or 

24 mitigate drought impacts. 


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1 SEC. 8. SECURE WATER ACT REAUTHORIZATION. 

2 Section 9504(a) of the Omnibus Public Land Man3 agement Act of 2009 (42 U.S.C. 10364(a)) is amended— 

4 (1) in paragraph (1)(H)— 

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

6 end; 

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

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

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

10 ‘‘(iii) to plan for or address the im11 pacts of drought.’’; and 

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

13 the following: 

14 ‘‘(v) AUTHORITY OF COMMIS15 SIONER.—The Commissioner of Reclama16 tion may, at the discretion of the Commis17 sioner, waive any cost-share require18 ments.’’. 

19 SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RE20 LIEF ACT REAUTHORIZATION. 

21 Section 301 of the Reclamation States Emergency 

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

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


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1 SEC. 10. RIO GRANDE PUEBLO IRRIGATION INFRASTRUC2 TURE REAUTHORIZATION. 

3 Section 9106 of the Omnibus Public Land Manage4 ment Act of 2009 (Public Law 111–11; 123 Stat. 1304) 

5 is amended— 

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

7 after the date of enactment of this Act’’ and insert8 ing ‘‘December 31, 2018’’; and 

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

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

11 SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PRO12 GRAM. 

13 The Secretary of Agriculture may allocate financial 

14 assistance made available under subtitle I of title XII of 

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

16 to establish special conservation initiatives at the local, 

17 State, or regional level to assist producers in implementing 

18 eligible activities on agricultural land in the western States 

19 for the purposes of— 

20 (1) mitigating the effects of drought on agricul21 tural production and the environment; 

22 (2) improving water quality and quantity, in23 cluding reducing groundwater depletion; 

24 (3) restoring, enhancing, and preserving fish 

25 and wildlife habitat; and 


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1 (4) promoting innovative and collaborative con2 servation tools and approaches. 

3 SEC. 12. CONSERVATION RESERVE PROGRAM. 

4 (a) CONSERVATION PRIORITY AREAS.—Section 

5 1231(f) of the Food Security Act of 1985 (16 U.S.C. 

6 3831(f)) is amended— 

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

8 that follows through the period at the end and in9 serting ‘‘, water quantity, or habitat impacts related 

10 to agricultural production activities.’’; 

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

12 that follows through the period at the end and in13 serting ‘‘, water quantity, or habitat impacts related 

14 to agricultural production activities.’’; and 

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

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

17 water quantity, and habitat benefits’’. 

18 (b) SPECIAL CONSERVATION RESERVE ENHANCE19 MENT PROGRAM.—Section 1234(g)(2)(B) of the Food Se20 curity Act of 1985 (16 U.S.C. 3834(g)(2)(B)) is amended 

21 by inserting ‘‘, including improving water conservation and 

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

23 SEC. 13. EFFECT ON EXISTING LAW. 

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

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1 ment made by this Act shall comply with applicable State 

2 laws in effect on the date of enactment of this Act, includ3 ing a law described in subsection (b). 

4 (b) STATE LAW.—Nothing in this Act or an amend5 ment made by this Act affects, is intended to affect, or 

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

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

8 right acquired under the law. 

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

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

11 affect or interfere with any obligation of a State under 

12 the Rio Grand Compact or any litigation related to the 

13 Rio Grande Compact. 

14 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

15 (a) SHORT TITLE.—This Act may be cited as the ‘‘New 

16 Mexico Drought Preparedness Act of 2018’’. 

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

18 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. 

19 SEC. 2. DEFINITIONS. 

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

21 (1) BASIN.—The term ‘‘Basin’’— 


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

2 New Mexico; and 

3 (B) means each of— 

4 (i) the Upper Rio Grande Basin; 

5 (ii) the Middle Rio Grande Basin; 

6 (iii) the Lower Rio Grande Basin; 

7 (iv) the Lower Pecos River Basin; 

8 (v) the Gila River Basin; 

9 (vi) the Canadian River Basin; 

10 (vii) the San Francisco River Basin; 

11 and 

12 (viii) the San Juan River Basin. 

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

14 Middle Rio Grande Conservancy District. 

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

16 the following pueblos in the State: 

17 (A) Cochiti. 

18 (B) Santo Domingo. 

19 (C) San Felipe. 

20 (D) Santa Ana. 

21 (E) Sandia. 

22 (F) Isleta. 

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

24 Grande Compact’’ means the compact approved by 


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

2 785, chapter 155). 

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

4 means— 

5 (A) the Administrator of the Environmental 

6 Protection Agency; 

7 (B) the Secretary of Commerce; and 

8 (C) the Secretary of the Interior. 

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

10 the Secretary of the Interior. 

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

12 of New Mexico. 

13 SEC. 3. WATER ACQUISITION PROGRAM. 

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

15 Commissioner of Reclamation, shall carry out in the Basins 

16 a water acquisition program in coordination with the other 

17 appropriate Federal agencies, State agencies, and non-Fed18 eral stakeholders, under which the Secretary shall— 

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

20 lease or purchase of water rights or contractual enti21 tlements from willing lessors or sellers, consistent with 

22 section 8 of the Act of June 17, 1902 (43 U.S.C. 383), 

23 the Rio Grande Compact, and applicable State law 

24 relating to the acquisition and administration of 

25 water rights; and 


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1 (2) take any other actions, consistent with sec2 tion 8 of the Act of June 17, 1902 (43 U.S.C. 383), 

3 the Rio Grande Compact, and applicable State law, 

4 that the Secretary determines would achieve the pur5 poses of the water acquisition program described in 

6 subsection (b). 

7 (b) PURPOSES.—The purposes of the water acquisition 

8 program are— 

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

10 wildlife (including endangered species), water quality, 

11 and river ecosystem restoration in the Basins; and 

12 (2) to enhance stewardship and conservation of 

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

14 consistent with the purpose described in paragraph 

15 (1). 

16 (c) COORDINATION.—To assist in developing and ad17 ministering the program, the Secretary may provide funds 

18 to a federally established nonprofit entity with particular 

19 expertise in western water transactions. 

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

21 Compact and applicable State law, the Secretary may de22 velop programs to provide— 

23 (1) cost-share assistance to the District or agri24 cultural producers and irrigators in the District for 


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1 making irrigation system improvements and increase 

2 system efficiency; 

3 (2) incentives to the District for the establish4 ment of a water leasing program from willing lessors 

5 for agricultural producers and irrigators in the Dis6 trict to temporarily lease pre-1907 water rights (in7 stead of permanent severance from irrigable lands) for 

8 the purpose of providing benefits to species listed 

9 under the Endangered Species Act of 1973 (16 U.S.C. 

10 1531 et seq.) and other river ecosystem benefits; and 

11 (3) cost-share assistance to the District to imple12 ment infrastructure or operational changes that will 

13 allow for effective management of a leasing program, 

14 while maintaining adequate water deliveries to other 

15 agricultural producers and irrigators. 

16 SEC. 4. WATER CONSERVATION. 

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

18 the District and in consultation with the Pueblos, may pro19 vide funding and technical assistance for the installation 

20 of metering and measurement devices and the construction 

21 of check structures on irrigation diversions, canals, laterals, 

22 ditches, and drains— 

23 (1) to ensure the conservation and efficient use 

24 of water within the District by— 

25 (A) reducing actual consumptive use; or 


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

2 (2) to improve the measurement and allocation 

3 of water acquired through the water acquisition pro4 gram established under section 3. 

5 (b) RIO GRANDE, SAN ACACIA AND ISLETA

6 REACHES.— 

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

8 for development of a comprehensive plan for the San 

9 Acacia and Isleta reaches to plan, design, construct 

10 and prioritize projects that balance river mainte11 nance, water availability, use, and delivery, and eco12 system benefits, including— 

13 (A) planning, permitting, and construction 

14 of a pumping station at Bosque del Apache Na15 tional Wildlife Refuge for the purpose of more ef16 ficiently using water to provide— 

17 (i) a stable supply for the Refuge; and 

18 (ii) an efficient and reliable supply of 

19 water to the Rio Grande for the benefit of 

20 the endangered silvery minnow and South21 western willow flycatcher; 

22 (B) planning, permitting, and construction 

23 of a river channel realignment project near the 

24 Rio Grande mile-83 for the purpose addressing 


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1 river channel aggradation while maintaining 

2 floodplain connectivity; 

3 (C) planning, permitting, and construction 

4 of a controlled outlet for the low flow conveyance 

5 channel to the Rio Grande between Fort Craig, 

6 New Mexico and Rio Grande mile-60 for the 

7 purpose of water use and delivery, enhancement 

8 and development of habitat areas, and possible 

9 creation of a single-channel river ecosystem; and 

10 (D) development of a Lower Reach Plan— 

11 (i) to identify additional projects and 

12 maintenance activities with water use, sedi13 ment management, and delivery and eco14 system benefits; and 

15 (ii) to prioritize implementation of all 

16 projects and activities. 

17 (2) PUBLIC PARTICIPATION.—In carrying out 

18 this subsection, the Secretary shall provide a process 

19 for public participation and comment during plan 

20 development and alternative analysis. 

21 SEC. 5. NATIONAL ACADEMY OF SCIENCES STUDY. 

22 (a) DEFINITION OF BASIN.— 

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

24 ‘‘basin’’ means the Rio Grande and the tributaries of 

25 the Rio Grande between— 


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1 (A) the headwaters of the Rio Grande and 

2 the Rio Chama in the State of Colorado; and 

3 (B) Elephant Butte Reservoir in the State. 

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

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

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

7 the tributaries of the Rio Grande downstream of Ele8 phant Butte Reservoir. 

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

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

11 Secretary shall enter into an arrangement with the Na12 tional Academy of Sciences to carry out a study on water 

13 and reservoir management and operation issues in the 

14 basin (including the Heron, El Vado, Abiquiu, Cochiti, and 

15 Jemez Canyon Dams and Reservoirs), which shall in16 clude— 

17 (1) an evaluation of existing basin reservoir au18 thorizations and legal requirements; 

19 (2) a summary of— 

20 (A) the physical-hydrologic understanding 

21 of existing basin reservoir operations; and 

22 (B) any potential constraints on basin res23 ervoirs in light of climate change projections; 

24 (3) an identification of opportunities to optimize 

25 water storage and management to benefit the basin 


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1 ecosystem, irrigators and municipal users, and to 

2 promote water conservation through reauthorization 

3 of, reoperation of, regulation of, or physical improve4 ments to the reservoirs; 

5 (4) an evaluation of the physical-hydrologic fea6 sibility of the identified future basin reservoir man7 agement scenarios; 

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

9 accounting impacts to other stakeholders in the State; 

10 (6) consideration of operations such as— 

11 (A) the storage of supplemental water ac12 quired by and under the control of the Bureau 

13 of Reclamation; 

14 (B) the carryover storage of San Juan15 Chama Project contract water; 

16 (C) the Pueblo Prior and Paramount oper17 ation water; 

18 (D) changes in timing of water released to 

19 offset municipal pumping; 

20 (E) changes in the timing of storage and re21 lease of floodwaters; 

22 (F) the reduction of evaporative losses from 

23 basin reservoirs; 


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1 (G) conservation of water resulting from ir2 rigation operation changes by non-Indian and 

3 Pueblo irrigators; 

4 (H) the impacts of management and oper5 ations on recreation and hydropower; 

6 (I) the impacts of management and oper7 ations on the basin ecosystem and the habitats 

8 that support species listed under the Endangered 

9 Species Act of 1973 (16 U.S.C. 1531 et seq.); and 

10 (J) any other factors the Academy deter11 mines to be necessary for purposes of fully evalu12 ating opportunities to achieve greater water con13 servation, drought resiliency, and ecological 

14 health in the basin; and 

15 (7) recommendations for future management sce16 narios and measures that Congress could take with re17 spect to the basin, consistent with all applicable law, 

18 including the Act of June 17, 1902 (43 U.S.C. 383), 

19 and the Rio Grande Compact to assist the agencies in 

20 establishing more flexible operating procedures to im21 prove the performance of basin reservoir operations in 

22 accommodating multiple purposes. 

23 (c) COORDINATION WITH OTHER STUDIES.—To the 

24 maximum extent practicable, the study carried out under 

25 subsection (b) shall be coordinated with, and use data colVerDate Sep 11 2014 23:01 Nov 14, 2018 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S1012.RS S1012

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1 lected and analyses conducted for, other studies of the basin, 

2 including the Bureau of Reclamation Rio Grande Basin 

3 Study initiated in 2017. 

4 (d) COSPONSORS.—The Secretary of the Army and the 

5 Secretary shall solicit cosponsors to contribute not less than 

6 50 percent of the costs of the study under subsection (b), 

7 as appropriate, including State or private organizations. 

8 (e) PUBLIC AVAILABILITY OF STUDY.—On the date on 

9 which the National Academy of Sciences completes the study 

10 under this section, the National Academy of Sciences shall 

11 make available to the public the results of the study. 

12 (f) REPORT.—Not later than 2 years after the date of 

13 enactment of this Act, the National Academy of Sciences 

14 shall submit to the Secretary of the Army and the Secretary 

15 a report that contains a summary of the results of the study 

16 conducted under this section. 

17 SEC. 6. EMERGENCY FUNDING. 

18 (a) FINANCIAL ASSISTANCE.— 

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

20 made available under the Reclamation States Emer21 gency Drought Relief Act of 1991 (43 U.S.C. 2201 et 

22 seq.) for eligible water projects to assist Western 

23 States and Tribal governments to address drought-re24 lated impacts to water supplies or any other imme25 diate water-related crisis or conflict. 


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1 (2) ADDITIONAL AVAILABILITY.—Financial as2 sistance may be made available under this section to 

3 organizations and entities with water delivery au4 thority that are engaged in collaborative processes to 

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

6 solution for restoration. 

7 (b) TYPES OF ASSISTANCE.—Assistance under sub8 section (a) may include a range of projects, including— 

9 (1) the installation of pumps, temporary bar10 riers, or operable gates for water diversion and fish 

11 protection; 

12 (2) the installation of drought-relief groundwater 

13 wells for Indian Tribes and in wildlife refuges and 

14 other areas; 

15 (3) the acquisition or assistance in the acquisi16 tion of water from willing sellers to enhance stream 

17 flow for the benefit of fish and wildlife (including en18 dangered species), water quality, river ecosystem res19 toration, and other beneficial purposes, to be carried 

20 out in accordance with the water acquisition program 

21 established under section 3; 

22 (4) agricultural and urban conservation and effi23 ciency projects; 

24 (5) exchanges with any water district willing to 

25 provide water to meet the emergency water needs of 


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1 other water districts in return for the delivery of 

2 equivalent quantities of water later that year or in 

3 future years; 

4 (6) maintenance of cover crops to prevent public 

5 health impacts from severe dust storms; 

6 (7) emergency pumping projects for critical 

7 health and safety purposes; 

8 (8) activities to reduce water demand consistent 

9 with a comprehensive program for environmental res10 toration and settlement of water rights claims; 

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

12 conservation technologies or methods that may— 

13 (A) assist in sustaining permanent crops in 

14 areas with severe water shortages; and 

15 (B) make water available for other bene16 ficial uses; 

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

18 fish and wildlife habitat or otherwise improve envi19 ronmental conditions, including water quantity or 

20 quality concerns and improved fish passage; 

21 (11) activities reducing or preventing ground22 water depletion or promoting groundwater recharge; 

23 (12) technical assistance to improve existing ir24 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 sup17 plies, maintain the health of river ecosystems, or 

18 mitigate drought impacts. 

19 SEC. 7. SECURE WATER ACT GRANTS AND COOPERATIVE 

20 AGREEMENTS. 

21 Section 9504(a)(1)(H) of the Omnibus Public Land 

22 Management Act of 2009 (42 U.S.C. 10364(a)(1)(H)) is 

23 amended— 

24 (1) in clause (i), by striking ‘‘or’’ at the end; 


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

2 end and inserting ‘‘; or’’; and 

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

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

6 SEC. 8. RIO GRANDE PUEBLO IRRIGATION INFRASTRUC7 TURE REAUTHORIZATION. 

8 Section 9106 of the Omnibus Public Land Manage9 ment Act of 2009 (Public Law 111–11; 123 Stat. 1304) is 

10 amended— 

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

12 after the date of enactment of this Act’’ and inserting 

13 ‘‘December 31, 2019’’; and 

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

15 through 2019’’ and inserting ‘‘2018 through 2026’’. 

16 SEC. 9. EFFECT ON EXISTING LAW. 

17 (a) IN GENERAL.—An action taken by any of the Sec18 retaries or another entity under this Act or an amendment 

19 made by this Act shall comply with applicable State laws 

20 in effect on the date of enactment of this Act, including a 

21 law described in subsection (b). 

22 (b) STATE LAW.—Nothing in this Act or an amend23 ment made by this Act affects, is intended to affect, or inter24 feres with a law of the State relating to the control, approVerDate Sep 11 2014 23:01 Nov 14, 2018 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S1012.RS S1012

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1 priation, use, or distribution of water, or any vested right 

2 acquired under the law. 

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

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

5 affect or interfere with any obligation of a State under the 

6 Rio Grand Compact or any litigation related to the Rio 

7 Grande Compact. 


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Calendar No. 645 

115TH CONGRESS 

2D SESSION S. 1012 

[Report No. 115–358] 

A BILL 

the State of New Mexico, and for other purposes. 

To provide for drought preparedness measures in 

NOVEMBER 14, 2018 

Reported with an amendment 


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