II 

109TH CONGRESS 

2D SESSION H. R. 5110 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2006 

Received 

AN ACT 

To facilitate the use for irrigation and other purposes of 

water produced in connection with development of energy 

resources. 

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 ‘‘More Water and More 

3 Energy Act of 2006’’. 

4 SEC. 2. PRODUCED WATER. 

5 The Water Resources Research Act of 1984 (42 

6 U.S.C. 10301 et seq.) is amended by adding at the end 

7 thereof a new section, as follows: 

8 ‘‘SEC. 112. PRODUCED WATER. 

9 ‘‘(a) STUDY.—The Secretary, acting through the 

10 Commissioner of Reclamation and the Director of the 

11 United States Geological Survey, shall conduct a study to 

12 identify— 

13 ‘‘(1) the technical, economic, environmental (in14 cluding potential adverse effects on water quality), 

15 legal, and other obstacles to increasing the extent to 

16 which produced water can be used for irrigation and 

17 other purposes; and 

18 ‘‘(2) the legislative, administrative, and other 

19 actions that could reduce or eliminate such obsta20 cles. 

21 ‘‘(b) REPORT.—Not later than one year after the 

22 date of the enactment of this section, the Secretary shall 

23 report to the Committee on Resources of the House of 

24 Representatives and the Committee on Energy and Nat25 ural Resources of the Senate regarding the results of the 

26 study required by this section. 


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1 ‘‘(c) PROJECTS AUTHORIZED.— 

2 ‘‘(1) In the implementation of authority avail3 able to the Secretary prior to the date of enactment 

4 of this section and subject to the availability of 

5 funds appropriated for the purpose, the following 

6 projects are authorized: 

7 ‘‘(A) At least one project in one of the 

8 Upper Basin States. 

9 ‘‘(B) At least one project in one of the 

10 Lower Basin States other than California. 

11 ‘‘(C) At least one project in California. 

12 ‘‘(2) Funds obligated under this subsection— 

13 ‘‘(A) shall not exceed $1,000,000 for any 

14 project; 

15 ‘‘(B) shall be used to pay not more than 

16 50 percent of the total cost of a project; 

17 ‘‘(C) shall not be used for operation or 

18 maintenance of any facility; and 

19 ‘‘(D) may be in addition to assistance pro20 vided by the United States pursuant to other 

21 provisions of law. 

22 ‘‘(d) ADDITIONAL CONSULTATION, REVIEW, ADVICE, 

23 AND COMMENT.—In implementing this section, including 

24 preparation of the report required by subsection (b) and 

25 the establishment of criteria to be used in connection with 


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1 award of assistance pursuant to subsection (c), the Sec2 retary shall— 

3 ‘‘(1) consult with the Secretary of Energy, the 

4 Administrator of the Environmental Protection 

5 Agency, and appropriate Governors and local offi6 cials; 

7 ‘‘(2) review any relevant information developed 

8 in connection with research carried out by others, in9 cluding research carried out pursuant to section 999 

10 of Public Law 109–58, and to the extent the Sec11 retary considers advisable include such information 

12 in the report required by paragraph (3); 

13 ‘‘(3) seek the advice of individuals with relevant 

14 professional or academic expertise and of companies 

15 or individuals with industrial experience, particularly 

16 experience related to production of oil, natural gas, 

17 or other energy resources, including geothermal re18 sources; and 

19 ‘‘(4) solicit comments and suggestions from the 

20 public. 

21 ‘‘(e) RELATIONSHIP TO STATE LAWS AND INTER22 STATE AUTHORITIES AND COMPACTS.—Nothing in this 

23 section shall be construed as superseding, modifying, abro24 gating, or limiting— 


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1 ‘‘(1) the effect of any State law or any inter2 state authority or compact with regard to any use of 

3 water or the regulation of water quantity or quality; 

4 or 

5 ‘‘(2) the applicability or effect of any Federal 

6 law or regulation. 

7 ‘‘(f) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘produced water’ means water 

9 from an underground source, that is brought to the 

10 surface as part of the process of exploration for or 

11 development of oil, natural gas, coalbed methane, or 

12 any other substance to be used as an energy source. 

13 ‘‘(2) The term ‘Secretary’ means the Secretary 

14 of the Interior. 

15 ‘‘(3) The term ‘Upper Basin States’ means the 

16 States of Colorado, New Mexico, Utah, and Wyo17 ming. 

18 ‘‘(4) The term ‘Lower Basin States’ means the 

19 States of Arizona, California, and Nevada. 

20 ‘‘(5) The term ‘project’ means the provision of 

21 financial assistance for the development of a facility 

22 to demonstrate the feasibility, effectiveness, and 

23 safety of processes to increase the extent to which 

24 produced water may be recovered and made suitable 


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1 for use for irrigation, municipal or industrial uses, 

2 or other purposes. 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated— 

5 ‘‘(1) $1,000,000 to carry out the study required 

6 by subsection (a); and 

7 ‘‘(2) $5,000,000 to carry out the other provi8 sions of this section.’’. 

Passed the House of Representatives December 5, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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