I 

111TH CONGRESS 

1ST SESSION H. R. 135 

To establish the Twenty-First Century Water Commission to study and develop recommendations for a comprehensive water strategy to address 

future water needs. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. LINDER (for himself, Ms. BORDALLO, Mrs. NAPOLITANO, and Mr. COSTA) 

introduced the following bill; which was referred to the Committee on 

Natural Resources, and in addition to the Committee on Transportation 

and Infrastructure, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish the Twenty-First Century Water Commission 

to study and develop recommendations for a comprehensive water strategy to address future water needs. 

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. 

4 This Act may be cited as the ‘‘Twenty-First Century 

5 Water Commission Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


jlentini on PROD1PC65 with BILLS
2 

•HR 135 IH

1 (1) the Nation’s water resources will be under 

2 increasing stress and pressure in the coming dec3 ades; 

4 (2) a thorough assessment of technological and 

5 economic advances that can be employed to increase 

6 water supplies or otherwise meet water needs in 

7 every region of the country is important and long 

8 overdue; and 

9 (3) a comprehensive strategy to increase water 

10 availability and ensure safe, adequate, reliable, and 

11 sustainable water supplies is vital to the economic 

12 and environmental future of the Nation. 

13 SEC. 3. ESTABLISHMENT. 

14 There is established a commission to be known as the 

15 ‘‘Twenty-First Century Water Commission’’ (in this Act 

16 referred to as the ‘‘Commission’’). 

17 SEC. 4. DUTIES. 

18 The duties of the Commission shall be to— 

19 (1) use existing water assessments and conduct 

20 such additional assessments as may be necessary to 

21 project future water supply and demand; 

22 (2) study current water management programs 

23 of Federal, interstate, State, and local agencies, and 

24 private sector entities directed at increasing water 


jlentini on PROD1PC65 with BILLS
3 

•HR 135 IH

1 supplies and improving the availability, reliability, 

2 and quality of freshwater resources; and 

3 (3) consult with representatives of such agen4 cies and entities to develop recommendations con5 sistent with laws, treaties, decrees, and interstate 

6 compacts for a comprehensive water strategy 

7 which— 

8 (A) respects the primary role of States in 

9 adjudicating, administering, and regulating 

10 water rights and water uses; 

11 (B) identifies incentives intended to ensure 

12 an adequate and dependable supply of water to 

13 meet the needs of the United States for the 

14 next 50 years; 

15 (C) suggests strategies that avoid in16 creased mandates on State and local govern17 ments; 

18 (D) eliminates duplication and conflict 

19 among Federal governmental programs; 

20 (E) considers all available technologies and 

21 other methods to optimize water supply reli22 ability, availability, and quality, while safe23 guarding the environment; 


jlentini on PROD1PC65 with BILLS
4 

•HR 135 IH

1 (F) recommends means of capturing excess 

2 water and flood water for conservation and use 

3 in the event of a drought; 

4 (G) suggests financing options for com5 prehensive water management projects and for 

6 appropriate public works projects; 

7 (H) suggests strategies to conserve existing 

8 water supplies, including recommendations for 

9 repairing aging infrastructure; and 

10 (I) includes other objectives related to the 

11 effective management of the water supply to en12 sure reliability, availability, and quality, which 

13 the Commission shall consider appropriate. 

14 SEC. 5. MEMBERSHIP. 

15 (a) NUMBER AND APPOINTMENT.—The Commission 

16 shall be composed of 9 members who shall be appointed 

17 not later than 90 days after the date of enactment of this 

18 Act. Member shall be appointed as follows: 

19 (1) 5 members appointed by the President; 

20 (2) 2 members appointed by the Speaker of the 

21 House of Representatives, in consultation with the 

22 minority leader of the House of Representatives; and 

23 (3) 2 members appointed by the majority leader 

24 of the Senate, in consultation with the minority lead25 er of the Senate. 


jlentini on PROD1PC65 with BILLS
5 

•HR 135 IH

1 (b) QUALIFICATIONS.—Members shall be appointed 

2 to the Commission from among individuals who— 

3 (1) are of recognized standing and distinction 

4 in water policy issues; and 

5 (2) while serving on the Commission, do not 

6 hold any other position as an officer or employee of 

7 the United States, except as a retired officer or re8 tired civilian employee of the United States. 

9 (c) OTHER CONSIDERATIONS.—In appointing mem10 bers of the Commission, every effort shall be made to en11 sure that the members represent a broad cross section of 

12 regional and geographical perspectives in the United 

13 States. 

14 (d) CHAIRPERSON.—The Chairperson of the Com15 mission shall be designated by the President. 

16 (e) TERMS.—Members of the Commission shall be 

17 appointed not later than 90 days after the date of enact18 ment of this Act and shall serve for the life of the Commis19 sion. 

20 (f) VACANCIES.—A vacancy on the Commission shall 

21 not affect its operation, and shall be filled in the same 

22 manner as the original appointment provided under sub23 section (a). 

24 (g) COMPENSATION AND TRAVEL EXPENSES.—Mem25 bers of the Commission shall serve without compensation, 


jlentini on PROD1PC65 with BILLS
6 

•HR 135 IH

1 except members shall receive travel expenses, including per 

2 diem in lieu of subsistence, in accordance with applicable 

3 provisions under subchapter I of chapter 57, United 

4 States Code. 

5 SEC. 6. MEETINGS AND QUORUM. 

6 (a) MEETINGS.—The Commission shall hold its first 

7 meeting not later than 60 days after the date on which 

8 all members have been appointed under section 5, and 

9 shall hold additional meetings at the call of the Chair10 person or a majority of its members. 

11 (b) QUORUM.—A majority of the members of the 

12 Commission shall constitute a quorum for the transaction 

13 of business. 

14 SEC. 7. STAFFING. 

15 The Chairperson of the Commission may, without re16 gard to the civil service laws and regulations, appoint and 

17 terminate an Executive Director and such other additional 

18 personnel as may be necessary for the Commission to per19 form its duties. The Executive Director shall be com20 pensated at a rate not to exceed the annual rate of basic 

21 pay for GS–15 of the General Schedule. The employment 

22 and termination of the Executive Director shall be subject 

23 to confirmation by a majority of the members of the Com24 mission. 


jlentini on PROD1PC65 with BILLS
7 

•HR 135 IH

1 SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION. 

2 (a) HEARINGS.—The Commission shall hold no fewer 

3 than 10 hearings during the life of the Commission. Hear4 ings may be held in conjunction with meetings of the Com5 mission. The Commission may take such testimony and 

6 receive such evidence as the Commission considers appro7 priate to carry out this Act. At least 1 hearing shall be 

8 held in Washington, DC, for the purpose of taking testi9 mony of representatives of Federal agencies, national or10 ganizations, and Members of Congress. Other hearings 

11 shall be scheduled in distinct geographical regions of the 

12 United States and should seek to ensure testimony from 

13 individuals with a diversity of experiences, including those 

14 who work on water issues at all levels of government and 

15 in the private sector. 

16 (b) INFORMATION AND SUPPORT FROM FEDERAL

17 AGENCIES.—Upon request of the Commission, any Fed18 eral agency shall— 

19 (1) provide to the Commission, within 30 days 

20 of its request, such information as the Commission 

21 considers necessary to carry out the provisions of 

22 this Act; and 

23 (2) detail to temporary duty with the Commis24 sion on a reimbursable basis such personnel as the 

25 Commission considers necessary to carry out the 


jlentini on PROD1PC65 with BILLS
8 

•HR 135 IH

1 provisions of this Act, in accordance with section 

2 5(b)(5), Appendix, title 5, United States Code. 

3 SEC. 9. REPORTS. 

4 (a) INTERIM REPORTS.—Not later than 6 months 

5 after the date of the first meeting of the Commission, and 

6 every 6 months thereafter, the Commission shall transmit 

7 an interim report containing a detailed summary of its 

8 progress, including meetings and hearings conducted in 

9 the interim period, to— 

10 (1) the President; 

11 (2) the Committee on Resources and the Com12 mittee on Transportation and Infrastructure of the 

13 House of Representatives; and 

14 (3) the Committee on Energy and Natural Re15 sources and the Committee on the Environment and 

16 Public Works of the Senate. 

17 (b) FINAL REPORT.—As soon as practicable, but not 

18 later than 3 years after the date of the first meeting of 

19 the Commission, the Commission shall transmit a final re20 port containing a detailed statement of the findings and 

21 conclusions of the Commission, and recommendations for 

22 legislation and other policies to implement such findings 

23 and conclusions, to— 

24 (1) the President; 


jlentini on PROD1PC65 with BILLS
9 

•HR 135 IH

1 (2) the Committee on Resources and the Com2 mittee on Transportation and Infrastructure of the 

3 House of Representatives; and 

4 (3) the Committee on Energy and Natural Re5 sources and the Committee on the Environment and 

6 Public Works of the Senate. 

7 SEC. 10. TERMINATION. 

8 The Commission shall terminate not later than 30 

9 days after the date on which the Commission transmits 

10 a final report under section 9(b). 

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated $9,000,000 

13 to carry out this Act. 

Æ 


jlentini on PROD1PC65 with BILLS