II 

114TH CONGRESS 

1ST SESSION S. 1936 

To provide for drought preparedness measures in the State of New Mexico, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 4, 2015 

Mr. UDALL (for himself and Mr. HEINRICH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for drought preparedness measures in the State 

of New Mexico, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘New Mexico Drought Preparedness Act of 2015’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Water acquisition program. 

Sec. 4. Water conservation. 

Sec. 5. Middle Rio Grande peak flow restoration. 

Sec. 6. National Academy of Sciences study. 


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Sec. 7. Emergency funding. 

Sec. 8. Secure Water Act reauthorization. 

Sec. 9. Reclamation States Emergency Drought Relief Act reauthorization. 

Sec. 10. Rio Grande Pueblo irrigation infrastructure reauthorization. 

Sec. 11. Regional conservation partnership program. 

Sec. 12. Conservation reserve program. 

Sec. 13. Effect on State law. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BASIN.—The term ‘‘Basin’’ means each 

4 of— 

5 (A) the Upper Rio Grande Basin; 

6 (B) the Middle Rio Grande Basin; 

7 (C) the Lower Rio Grande Basin; 

8 (D) the Lower Pecos River Basin; 

9 (E) the Gila River Basin; 

10 (F) the Canadian River Basin; 

11 (G) the San Francisco River Basin; and 

12 (H) 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 

16 of 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. 


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1 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

2 means— 

3 (A) the Administrator of the Environ4 mental Protection Agency; 

5 (B) the Secretary of Commerce; and 

6 (C) the Secretary of the Interior. 

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

8 the Secretary of the Interior. 

9 (6) STATE.—The term ‘‘State’’ means the State 

10 of New Mexico. 

11 SEC. 3. WATER ACQUISITION PROGRAM. 

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

13 Commissioner of Reclamation, shall carry out in the Ba14 sins a water acquisition program in coordination with the 

15 other appropriate Federal agencies, State agencies, and 

16 non-Federal stakeholders, under which the Secretary 

17 shall— 

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

19 lease or purchase of water rights or contractual enti20 tlements from willing lessors or sellers, consistent 

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

22 U.S.C. 383), and applicable State law relating to the 

23 acquisition and administration of water rights; and 

24 (2) take any other actions, consistent with sec25 tion 8 of the Act of June 17, 1902 (43 U.S.C. 383), 


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1 and applicable State law, that the Secretary deter2 mines would achieve the purposes of the water ac3 quisition program described in subsection (b). 

4 (b) PURPOSES.—The purposes of the water acquisi5 tion program are— 

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

7 wildlife (including endangered species), water qual8 ity, and river ecosystem restoration in the Basins; 

9 and 

10 (2) to enhance stewardship and conservation of 

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

12 consistent with the purpose described in paragraph 

13 (1). 

14 (c) COORDINATION.—To assist in developing and ad15 ministering the program, the Secretary may provide funds 

16 to a federally established nonprofit entity with particular 

17 expertise in western water transactions. 

18 (d) DISTRICT PROJECTS.—Subject to State law, the 

19 Secretary may develop programs to provide— 

20 (1) cost-share assistance to the District or agri21 cultural producers and irrigators in the District for 

22 making irrigation system improvements and increase 

23 system efficiency; 

24 (2) incentives to the District for the establish25 ment of a water leasing program from willing lessors 


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1 for agricultural producers and irrigators in the Dis2 trict to temporarily lease pre-1907 water rights (in3 stead of permanent severance from irrigable lands) 

4 for the purpose of providing benefits to species listed 

5 under the Endangered Species Act of 1973 (16 

6 U.S.C. 1531 et seq.) and other river ecosystem bene7 fits; and 

8 (3) cost-share assistance to the District to im9 plement infrastructure or operational changes that 

10 will allow for effective management of a leasing pro11 gram, while maintaining adequate water deliveries to 

12 other agricultural producers and irrigators. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary to carry 

15 out this section $30,000,000. 

16 SEC. 4. WATER CONSERVATION. 

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

18 with the District and in consultation with the Pueblos, 

19 may provide funding and technical assistance for the in20 stallation of metering and measurement devices and the 

21 construction of check structures on irrigation diversions, 

22 canals, laterals, 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 

16 efficiently 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 convey5 ance channel to the Rio Grande between Fort 

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

7 the purpose of water use and delivery, enhance8 ment and development of habitat areas, and 

9 possible creation of a single-channel river eco10 system; and 

11 (D) development of a Lower Reach Plan— 

12 (i) to identify additional projects and 

13 maintenance activities with water use and 

14 delivery and ecosystem 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 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary to carry 

23 out this section $18,000,000. 


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

2 (a) TEMPORARY DEVIATION.—During the 5-year pe3 riod beginning on the date of enactment of this Act, the 

4 Secretary of the Army shall continue the temporary devi5 ation in the operation of Cochiti Lake and Jemez Canyon 

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

7 to continue to evaluate the benefits of the deviation while 

8 a permanent reauthorization of the reservoirs is pursued. 

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

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

11 Secretary of the Army and the Secretary shall— 

12 (1) conduct a feasibility study to address 

13 Cochiti Dam operation limitations on the timing, 

14 magnitude, and duration of flows that support feder15 ally listed species in the Middle Rio Grande, con16 sistent with subsection (c); and 

17 (2) submit to Congress a feasibility report on 

18 the reauthorization of the purposes of Cochiti Dam. 

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

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

21 Rio Grande water and San Juan-Chama Project water 

22 with the goals of— 

23 (1) restoring natural river processes to the Rio 

24 Grande, including a Spring peak flow to the Rio 

25 Grande; 


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1 (2) increasing the spawning and recruitment of 

2 endangered Rio Grande silvery minnows; 

3 (3) creating overbanking flows that are nec4 essary— 

5 (A) to maintain a healthy bosque; and 

6 (B) to support habitat for the South7 western willow flycatcher and other wildlife; 

8 (4) maintaining channel capacity; and 

9 (5) increasing water operational flexibility and 

10 efficiencies in meeting irrigation and municipal and 

11 industrial purposes, if the increased water oper12 ational flexibility and efficiencies enhance the goals 

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

14 (d) MONITORING.—The Secretary of the Army, in co15 operation with the Secretary and other Federal and non16 Federal stakeholders shall— 

17 (1) monitor the environmental effects, benefits, 

18 and results of the deviation mandated under this 

19 section; and 

20 (2) compile any data necessary to evaluate the 

21 need for further amendment to the authorizations 

22 and water control manuals for Cochiti Lake or 

23 Jemez Canyon Dam. 

24 (e) CONSULTATION REQUIRED.—Before imple25 menting the proposed deviation under this section, as reVerDate Sep 11 2014 02:49 Aug 11, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936

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1 quired by the applicable water control manuals, the Sec2 retary of the Army shall first obtain approval from— 

3 (1) Pueblo de Cochiti regarding the effect of 

4 the deviation on the easement of Pueblo de Cochiti; 

5 (2) Pueblo of Santa Ana; and 

6 (3) the Rio Grande Compact Commission. 

7 (f) REPORTS.—The Secretary of the Army shall pre8 pare and submit to Congress— 

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

10 being carried out under this section, annual reports 

11 that describe the data compiled under subsection 

12 (d)(2); and 

13 (2) at the end of the period described in sub14 section (a), a final, cumulative report that summa15 rizes the data obtained during that period. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary of the 

18 Army $3,000,000 to carry out this section. 

19 SEC. 6. NATIONAL ACADEMY OF SCIENCES STUDY. 

20 (a) IN GENERAL.—Not later than 60 days after the 

21 date of enactment of this Act, the Secretary of the Army 

22 and the Secretary shall enter into an arrangement with 

23 the National Academy of Sciences to carry out a study 

24 on water and reservoir management and operation issues 

25 along the Rio Grande (including the Heron, El Vado, 


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1 Abiquiu, Cochiti, Jemez Canyon, Elephant Butte, and 

2 Caballo Dams and Reservoirs), which shall include— 

3 (1) an evaluation of existing Rio Grande res4 ervoir authorizations and legal requirements; 

5 (2) a summary of— 

6 (A) the physical-hydrologic understanding 

7 of existing Rio Grande reservoir operations; and 

8 (B) any potential constraints on the Rio 

9 Grande reservoir in light of climate change pro10 jections; 

11 (3) an identification of opportunities to opti12 mize water storage and management to benefit the 

13 Rio Grande ecosystem, irrigators and municipal 

14 users, and to promote water conservation through 

15 reauthorization of, reoperation of, regulation of, or 

16 physical improvements to the reservoirs; 

17 (4) an evaluation of the physical-hydrologic fea18 sibility of the identified future reservoir management 

19 scenarios; 

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

21 accounting impacts to other stakeholders in the 

22 State and on the Rio Grande Compact water deliv23 eries; 

24 (6) consideration of operations such as— 


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1 (A) the storage of supplemental water ac2 quired by and under the control of the Bureau 

3 of Reclamation; 

4 (B) the carryover storage of San Juan5 Chama Project contract water and Pueblo Prior 

6 and Paramount operation water; 

7 (C) changes in timing of water released to 

8 offset municipal pumping; 

9 (D) changes in the timing of storage and 

10 release of floodwaters; 

11 (E) the reduction of evaporative losses 

12 from reservoirs; 

13 (F) conservation of water resulting from 

14 irrigation operation changes by non-Indian and 

15 Pueblo irrigators; 

16 (G) the impacts of deliveries of New Mex17 ico Rio Grande Compact water; 

18 (H) the impacts of management and oper19 ations on recreation and hydropower; 

20 (I) the impacts of management and oper21 ations on the Rio Grande ecosystem and the 

22 habitats that support species listed under the 

23 Endangered Species Act of 1973 (16 U.S.C. 

24 1531 et seq.); and 


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1 (J) any other factors the Academy deter2 mines to be necessary for purposes of fully eval3 uating opportunities to achieve greater water 

4 conservation, drought resiliency, and ecological 

5 health; and 

6 (7) recommendations for future management 

7 scenarios and measures that Congress should take, 

8 consistent with section 8 of the Act of June 17, 

9 1902 (43 U.S.C. 383), the Rio Grande Compact, 

10 and applicable State law pertaining to the acquisi11 tion and administration of water rights, to assist the 

12 agencies in establishing more flexible operating pro13 cedures to improve the performance of reservoir op14 erations in accommodating multiple purposes. 

15 (b) COSPONSORS.—The Secretary of the Army and 

16 the Secretary may solicit cosponsors for the study under 

17 subsection (a), as appropriate, including State or private 

18 organizations. 

19 (c) PUBLIC AVAILABILITY OF STUDY.—On the date 

20 on which the National Academy of Sciences completes the 

21 study under this section, the National Academy of 

22 Sciences shall make available to the public the results of 

23 the study. 

24 (d) REPORT.—Not later than 2 years after the date 

25 of enactment of this Act, the National Academy of 


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1 Sciences shall submit to the Secretary of the Army and 

2 the Secretary a report that contains a summary of the 

3 results of the study conducted under this section. 

4 (e) DUE DEFERENCE.—The Secretary of the Army 

5 and the Secretary shall provide for due deference to the 

6 study and report prepared under this section in water 

7 management activities undertaken by the Secretary of the 

8 Army and the Secretary in the Rio Grande. 

9 SEC. 7. EMERGENCY FUNDING. 

10 (a) FINANCIAL ASSISTANCE.— 

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

12 made available under the Reclamation States Emer13 gency Drought Relief Act of 1991 (43 U.S.C. 2201 

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

15 (16 U.S.C. 3801 et seq.), and any other applicable 

16 Federal law (including regulations), to be divided 

17 among each applicable program at the discretion of 

18 the Secretaries for eligible water projects to assist 

19 the State and other Western States address drought20 related impacts to water supplies or any other imme21 diate water-related crisis or conflict. 

22 (2) ADDITIONAL AVAILABILITY.—Financial as23 sistance may be made available under this section to 

24 organizations and entities, including tribal govern25 ments, that are engaged in collaborative processes to 


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

2 solution for restoration. 

3 (b) TYPES OF ASSISTANCE.—Assistance under sub4 section (a) shall include a range of projects, including— 

5 (1) the installation of pumps, temporary bar6 riers, or operable gates for water diversion and fish 

7 protection; 

8 (2) the installation of drought-relief ground9 water wells for Indian tribes and in wildlife refuges 

10 and other areas; 

11 (3) the acquisition or assistance in the acquisi12 tion of water from willing sellers to enhance stream 

13 flow for the benefit of fish and wildlife (including en14 dangered species), water quality, river ecosystem res15 toration, and other beneficial purposes, to be carried 

16 out in accordance with the water acquisition pro17 gram established under section 3; 

18 (4) agricultural and urban conservation and ef19 ficiency projects providing multiple water supply 

20 benefits; 

21 (5) exchanges with any water district willing to 

22 provide water to meet the emergency water needs of 

23 other water districts in return for the delivery of 

24 equivalent quantities of water later that year or in 

25 future years; 


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1 (6) maintenance of cover crops to prevent pub2 lic health impacts from severe dust storms; 

3 (7) emergency pumping projects for critical 

4 health and safety purposes; 

5 (8) activities to reduce water demand consistent 

6 with a comprehensive program for environmental 

7 restoration and settlement of water rights claims; 

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

9 conservation technologies or methods that may— 

10 (A) assist in sustaining permanent crops in 

11 areas with severe water shortages; and 

12 (B) make water available for other bene13 ficial uses; 

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

15 fish and wildlife habitat or otherwise improve envi16 ronmental conditions, including water quantity or 

17 quality concerns and improved fish passage; 

18 (11) activities reducing or preventing ground19 water depletion or promoting groundwater recharge; 

20 (12) technical assistance to improve existing ir21 rigation practices to provide water supply benefits; 

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

23 brackish water development and aquifer storage and 

24 recovery; 


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1 (14) the lining of irrigation ditches and canals 

2 to reduce water loss and improve efficiency; 

3 (15) assistance to municipal water management 

4 entities for water supply planning in preparation for 

5 and in response to dry, critically dry, and below nor6 mal water years, including— 

7 (A) hydrological forecasting; 

8 (B) identification of alternative water sup9 ply sources; and 

10 (C) guidance on potential water transfer 

11 partners; and 

12 (16) any other assistance the Secretary deter13 mines to be necessary to increase available water 

14 supplies, maintain the health of river ecosystems, or 

15 mitigate drought impacts. 

16 SEC. 8. SECURE WATER ACT REAUTHORIZATION. 

17 Section 9504 of the Omnibus Public Land Manage18 ment Act of 2009 (42 U.S.C. 10364) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)(H)— 

21 (i) in clause (i), by striking ‘‘or’’ after 

22 the semicolon at the end; 

23 (ii) in clause (ii), by striking the pe24 riod at the end and inserting ‘‘; or’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(iii) to plan for or address the im4 pacts of drought.’’; and 

5 (B) in paragraph (3)(E), by adding at the 

6 end the following: 

7 ‘‘(v) AUTHORITY OF COMMIS8 SIONER.—The Commissioner of Reclama9 tion may, at the discretion of the Commis10 sioner— 

11 ‘‘(I) waive any cost-share require12 ments to address emergency drought 

13 situations; 

14 ‘‘(II) prioritize projects based on 

15 the ability of the projects— 

16 ‘‘(aa) to expeditiously yield 

17 multiple water supply benefits 

18 during periods of drought; or 

19 ‘‘(bb) to prevent any other 

20 immediate water-related crisis or 

21 conflict; and 

22 ‘‘(III) give priority to projects 

23 demonstrating innovative conservation 

24 tools or methods that balance 

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1 ply needs, including water conserva2 tion and water marketing.’’; and 

3 (2) in subsection (e), by striking 

4 ‘‘$200,000,000’’ and inserting ‘‘$300,000,000’’. 

5 SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RE6 LIEF ACT REAUTHORIZATION. 

7 Section 301 of the Reclamation States Emergency 

8 Drought Relief Act of 1991 (43 U.S.C. 2241) is amend9 ed— 

10 (1) by striking ‘‘$90,000,000’’ and inserting 

11 ‘‘$190,000,000’’; and 

12 (2) by striking ‘‘2012’’ and inserting ‘‘2018’’. 

13 SEC. 10. RIO GRANDE PUEBLO IRRIGATION INFRASTRUC14 TURE REAUTHORIZATION. 

15 Section 9106 of the Omnibus Public Land Manage16 ment Act of 2009 (Public Law 111–11; 123 Stat. 1304) 

17 is amended— 

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

19 after the date of enactment of this Act’’ and insert20 ing ‘‘December 31, 2016’’; and 

21 (2) in subsection (g)(2)— 

22 (A) by striking ‘‘$6,000,000’’ and inserting 

23 ‘‘$12,000,000’’; and 

24 (B) by striking ‘‘2010 through 2019’’ and 

25 inserting ‘‘2015 through 2024’’. 


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1 SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PRO2 GRAM. 

3 The Secretary of Agriculture may allocate financial 

4 assistance made available under subtitle I of title XII of 

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

6 to establish special conservation initiatives at the local, 

7 State, or regional level to assist producers in implementing 

8 eligible activities on agricultural land in the western States 

9 for the purposes of— 

10 (1) mitigating the effects of drought on agricul11 tural production and the environment; 

12 (2) improving water quality and quantity, in13 cluding reducing groundwater depletion; 

14 (3) restoring, enhancing, and preserving fish 

15 and wildlife habitat; and 

16 (4) promoting innovative and collaborative con17 servation tools and approaches. 

18 SEC. 12. CONSERVATION RESERVE PROGRAM. 

19 (a) CONSERVATION PRIORITY AREAS.—Section 

20 1231(f) of the Food Security Act of 1985 (16 U.S.C. 

21 3831(f)) is amended— 

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

23 that follows through the period at the end and in24 serting ‘‘, water quantity, or habitat impacts related 

25 to agricultural production activities.’’; 


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

2 that follows through the period at the end and in3 serting ‘‘, water quantity, or habitat impacts related 

4 to agricultural production activities.’’; and 

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

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

7 water quantity, and habitat benefits’’. 

8 (b) SPECIAL CONSERVATION RESERVE ENHANCE9 MENT PROGRAM.—Section 1234(g)(2)(B) of the Food Se10 curity Act of 1985 (16 U.S.C. 3834(g)(2)(B)) is amended 

11 by inserting ‘‘, including improving water conservation and 

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

13 SEC. 13. EFFECT ON STATE LAW. 

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

15 Secretaries or other entity under this Act or an amend16 ment made by this Act shall comply with applicable State 

17 laws in effect on the date of enactment of this Act, includ18 ing a law described in subsection (b). 

19 (b) STATE LAW.—Nothing in this Act or an amend20 ment made by this Act affects, is intended to affect, or 

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

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

23 right acquired under the law. 

Æ 


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