II 

Calendar No. 28 

109TH CONGRESS 

1ST SESSION S. 214 

[Report No. 109–17] 

To authorize the Secretary of the Interior to cooperate with the States 

on the border with Mexico and other appropriate entities in conducting 

a hydrogeologic characterization, mapping, and modeling program for 

priority transboundary aquifers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2005 

Mr. BINGAMAN (for himself, Mr. DOMENICI, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

MARCH 7, 2005 

Reported by Mr. DOMENICI, without amendment 

A BILL 

To authorize the Secretary of the Interior to cooperate with 

the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority 

transboundary aquifers, 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘United States-Mexico 

3 Transboundary Aquifer Assessment Act’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to direct the Secretary of 

6 the Interior to establish a United States-Mexico 

7 transboundary aquifer assessment program to— 

8 (1) systematically assess priority transboundary 

9 aquifers; and 

10 (2) provide the scientific foundation necessary 

11 for State and local officials to address pressing 

12 water resource challenges in the United States-Mex13 ico border region. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) AQUIFER.—The term ‘‘aquifer’’ means a 

17 subsurface water-bearing geologic formation from 

18 which significant quantities of water may be ex19 tracted. 

20 (2) BORDER STATE.—The term ‘‘Border State’’ 

21 means each of the States of Arizona, California, 

22 New Mexico, and Texas. 

23 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

24 means an Indian tribe, band, nation, or other orga25 nized group or community— 
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1 (A) that is recognized as eligible for the 

2 special programs and services provided by the 

3 United States to Indians because of their status 

4 as Indians; and 

5 (B) the reservation of which includes a 

6 transboundary aquifer within the exterior 

7 boundaries of the reservation. 

8 (4) PRIORITY TRANSBOUNDARY AQUIFER.—The 

9 term ‘‘priority transboundary aquifer’’ means a 

10 transboundary aquifer that has been designated for 

11 study and analysis under the program. 

12 (5) PROGRAM.—The term ‘‘program’’ means 

13 the United States-Mexico transboundary aquifer as14 sessment program established under section 4(a). 

15 (6) RESERVATION.—The term ‘‘reservation’’ 

16 means land that has been set aside or that has been 

17 acknowledged as having been set aside by the United 

18 States for the use of an Indian tribe, the exterior 

19 boundaries of which are more particularly defined in 

20 a final tribal treaty, agreement, executive order, 

21 Federal statute, secretarial order, or judicial deter22 mination. 

23 (7) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior, acting through the Di25 rector of the United States Geological Survey. 
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1 (8) TRANSBOUNDARY AQUIFER.—The term 

2 ‘‘transboundary aquifer’’ means an aquifer that 

3 underlies the boundary between the United States 

4 and Mexico. 

5 (9) TRI-REGIONAL PLANNING GROUP.—The 

6 term ‘‘Tri-Regional Planning Group’’ means the bi7 national planning group comprised of— 

8 (A) the Junta Municipal de Agua y 

9 Saneamiento de Ciudad Juarez; 

10 (B) the El Paso Water Utilities Public 

11 Service Board; and 

12 (C) the Lower Rio Grande Water Users 

13 Organization. 

14 (10) WATER RESOURCES RESEARCH INSTI15 TUTES.—The term ‘‘water resources research insti16 tutes’’ means the institutes within the Border States 

17 established under section 104 of the Water Re18 sources Research Act of 1984 (42 U.S.C. 10303). 

19 SEC. 4. ESTABLISHMENT OF PROGRAM. 

20 (a) IN GENERAL.—The Secretary, in consultation 

21 and cooperation with the Border States, the water re22 sources research institutes, Sandia National Laboratories, 

23 and other appropriate entities in the United States and 

24 Mexico, shall carry out the United States-Mexico 

25 transboundary aquifer assessment program to charac-
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1 terize, map, and model transboundary groundwater re2 sources along the United States-Mexico border at a level 

3 of detail determined to be appropriate for the particular 

4 aquifer. 

5 (b) OBJECTIVES.—The objectives of the program are 

6 to— 

7 (1) develop and implement an integrated sci8 entific approach to assess transboundary ground9 water resources, including— 

10 (A)(i) identifying fresh and saline 

11 transboundary aquifers; and 

12 (ii) prioritizing the transboundary aquifers 

13 for further analysis by assessing— 

14 (I) the proximity of the transboundary 

15 aquifer to areas of high population density; 

16 (II) the extent to which the 

17 transboundary aquifer is used; 

18 (III) the susceptibility of the 

19 transboundary aquifer to contamination; 

20 and 

21 (IV) any other relevant criteria; 

22 (B) evaluating all available data and publi23 cations as part of the development of study 

24 plans for each priority transboundary aquifer; 
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1 (C) creating a new, or enhancing an exist2 ing, geographic information system database to 

3 characterize the spatial and temporal aspects of 

4 each priority transboundary aquifer; and 

5 (D) using field studies, including support 

6 for and expansion of ongoing monitoring and 

7 metering efforts, to develop— 

8 (i) the additional data necessary to 

9 adequately define aquifer characteristics; 

10 and 

11 (ii) scientifically sound groundwater 

12 flow models to assist with State and local 

13 water management and administration, in14 cluding modeling of relevant groundwater 

15 and surface water interactions; 

16 (2) expand existing agreements, as appropriate, 

17 between the United States Geological Survey, the 

18 Border States, the water resources research insti19 tutes, and appropriate authorities in the United 

20 States and Mexico, to— 

21 (A) conduct joint scientific investigations; 

22 (B) archive and share relevant data; and 

23 (C) carry out any other activities con24 sistent with the program; and 
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1 (3) produce scientific products for each priority 

2 transboundary aquifer that— 

3 (A) are capable of being broadly distrib4 uted; and 

5 (B) provide the scientific information need6 ed by water managers and natural resource 

7 agencies on both sides of the United States8 Mexico border to effectively accomplish the mis9 sions of the managers and agencies. 

10 (c) DESIGNATION OF PRIORITY TRANSBOUNDARY

11 AQUIFERS.— 

12 (1) IN GENERAL.—For purposes of the pro13 gram, the Secretary shall designate as priority 

14 transboundary aquifers— 

15 (A) the Hueco Bolson and Mesilla aquifers 

16 underlying parts of Texas, New Mexico, and 

17 Mexico; and 

18 (B) the Santa Cruz River Valley aquifers 

19 underlying Arizona and Sonora, Mexico. 

20 (2) ADDITIONAL AQUIFERS.—The Secretary 

21 shall, using the criteria under subsection 

22 (b)(1)(A)(ii), evaluate and designate additional pri23 ority transboundary aquifers. 

24 (d) COOPERATION WITH MEXICO.—To ensure a com25 prehensive assessment of transboundary aquifers, the Sec-
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1 retary shall, to the maximum extent practicable, work with 

2 appropriate Federal agencies and other organizations to 

3 develop partnerships with, and receive input from, relevant 

4 organizations in Mexico to carry out the program. 

5 (e) GRANTS AND COOPERATIVE AGREEMENTS.—The 

6 Secretary may provide grants or enter into cooperative 

7 agreements and other agreements with the water re8 sources research institutes and other Border State entities 

9 to carry out the program. 

10 SEC. 5. IMPLEMENTATION OF PROGRAM. 

11 (a) COORDINATION WITH STATES, TRIBES, AND

12 OTHER ENTITIES.—The Secretary shall coordinate the ac13 tivities carried out under the program with— 

14 (1) the appropriate water resource agencies in 

15 the Border States; 

16 (2) any affected Indian tribes; and 

17 (3) any other appropriate entities that are con18 ducting monitoring and metering activity with re19 spect to a priority transboundary aquifer. 

20 (b) NEW ACTIVITY.—After the date of enactment of 

21 this Act, the Secretary shall not initiate any new field 

22 studies or analyses under the program before consulting 

23 with, and coordinating the activity with, any Border State 

24 water resource agencies that have jurisdiction over the aq25 uifer. 
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1 (c) STUDY PLANS; COST ESTIMATES.— 

2 (1) IN GENERAL.—The Secretary shall work 

3 closely with appropriate Border State water resource 

4 agencies, water resources research institutes, and 

5 other relevant entities to develop a study plan, 

6 timeline, and cost estimate for each priority 

7 transboundary aquifer to be studied under the pro8 gram. 

9 (2) REQUIREMENTS.—A study plan developed 

10 under paragraph (1) shall, to the maximum extent 

11 practicable— 

12 (A) integrate existing data collection and 

13 analyses conducted with respect to the priority 

14 transboundary aquifer; 

15 (B) if applicable, improve and strengthen 

16 existing groundwater flow models developed for 

17 the priority transboundary aquifer; and 

18 (C) be consistent with appropriate State 

19 guidelines and goals. 

20 SEC. 6. EFFECT. 

21 Nothing in this Act affects— 

22 (1) the jurisdiction or responsibility of a Border 

23 State with respect to managing surface or ground24 water resources in the Border State; or 
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1 (2) the water rights of any person or entity 

2 using water from a transboundary aquifer. 

3 SEC. 7. REPORTS. 

4 Not later than 5 years after the date of enactment 

5 of this Act, and on completion of the program in fiscal 

6 year 2014, the Secretary shall submit to the appropriate 

7 water resource agency in the Border States, an interim 

8 and final report, respectively, that describes— 

9 (1) any activities carried out under the pro10 gram; 

11 (2) any conclusions of the Secretary relating to 

12 the status of transboundary aquifers; and 

13 (3) the level of participation in the program of 

14 entities in Mexico. 

15 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There are authorized to be appro17 priated to carry out this Act $50,000,000 for the period 

18 of fiscal years 2006 through 2015. 

19 (b) DISTRIBUTION OF FUNDS.—Of the amounts 

20 made available under subsection (a), 50 percent shall be 

21 made available to the water resources research institutes 

22 to provide funding to appropriate entities in the Border 

23 States (including Sandia National Laboratories, State 

24 agencies, universities, the Tri-Regional Planning Group, 

25 and other relevant organizations) and Mexico to conduct 
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1 activities under the program, including the binational col2 lection and exchange of scientific data. 
Calendar No. 28 

109TH CONGRESS 

1ST SESSION S. 214 

[Report No. 109–17] 

A BILL 

To authorize the Secretary of the Interior to coaquifers, and for other purposes. modeling program for priority transboundary a hydrogeologic characterization, mapping, and ico and other appropriate entities in conducting operate with the States on the border with MexMARCH 7, 2005 

Reported without amendment