I 

109TH CONGRESS 

2D SESSION H. R. 5110 

To facilitate the use for irrigation and other purposes of water produced 

in connection with development of energy resources. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2006 

Mr. UDALL of Colorado introduced the following bill; which was referred to 

the Committee on Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. 

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

5 ‘‘More Water and More Energy Act of 2006’’. 

6 (b) FINDINGS.—The Congress finds the following: 

7 (1) Development of energy resources, including 

8 oil, natural gas, and coalbed methane, frequently re9 sults in bringing to the surface water extracted from 

10 underground sources. 


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1 (2) Some of this produced water is used for ir2 rigation or other purposes, but most of it is returned 

3 to the subsurface. 

4 (3) Reducing the amount of produced water re5 turned to the subsurface, and increasing the amount 

6 that is made available for irrigation and other 

7 uses— 

8 (A) would augment water supplies; 

9 (B) could reduce the costs to energy devel10 opers for disposing of such water; and 

11 (C) in some instances could increase the 

12 efficiency of energy development activities. 

13 (4) Removing or reducing the technical, eco14 nomic, environmental, legal, and other factors that 

15 impede use of produced water for irrigation and 

16 other purposes is in the national interest. 

17 (c) PURPOSE.—The purpose of this Act is to facili18 tate the use of produced water for irrigation and other 

19 purposes and to demonstrate ways to accomplish that re20 sult. 

21 SEC. 2. DEFINITIONS. 

22 In this Act: 

23 (1) PRODUCED WATER.—The term ‘‘produced 

24 water’’ means water from an underground source, 

25 that is brought to the surface as part of the process 


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1 of exploration for or development of oil, natural gas, 

2 coalbed methane, or any other substance to be used 

3 as an energy source. 

4 (2) SECRETARY.—The term ‘‘the Secretary’’ 

5 means the Secretary of the Interior. 

6 (3) UPPER BASIN STATES.—The term ‘‘Upper 

7 Basin States’’ means the States of Colorado, New 

8 Mexico, Utah, and Wyoming. 

9 (4) LOWER BASIN STATES.—The term ‘‘Lower 

10 Basin States’’ means the States of Arizona, Cali11 fornia, and Nevada. 

12 SEC. 3. IDENTIFICATION OF PROBLEMS AND SOLUTIONS. 

13 (a) STUDY.— 

14 (1) IN GENERAL.—The Secretary, acting 

15 through the Commissioner of Reclamation and the 

16 Director of the United States Geological Survey, 

17 shall conduct a study to identify— 

18 (A) the technical, economic, environmental, 

19 legal, and other obstacles to increasing the ex20 tent to which produced water can be used for 

21 irrigation and other purposes; and 

22 (B) the legislative, administrative, and 

23 other actions that could reduce or eliminate 

24 such obstacles. 


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1 (2) CONSULTATION, ADVICE, AND COM2 MENTS.—In implementing this subsection, the Sec3 retary— 

4 (A) shall consult with the Secretary of En5 ergy, the Administrator of the Environmental 

6 Protection Agency, and appropriate Governors 

7 and local officials; 

8 (B) shall seek the advice of individuals 

9 with relevant professional and industrial experi10 ence or academic expertise; and 

11 (C) shall solicit comments and suggestions 

12 from the public. 

13 (b) REPORT.—Not later than one year after the date 

14 of the enactment of this Act, the Secretary shall report 

15 to the Committee on Resources of the House of Represent16 atives and the Committee on Energy and Natural Re17 sources of the Senate regarding the results of the study 

18 required by this section. 

19 SEC. 4. DEMONSTRATION PROJECTS. 

20 (a) GRANTS.—Subject to the availability of funds ap21 propriated for the purpose, the Secretary shall award 

22 grants to assist in the development of facilities to dem23 onstrate the feasibility, effectiveness, and safety of proc24 esses to increase the extent to which produced water may 


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1 be recovered and made suitable for use for irrigation, mu2 nicipal or industrial uses, or other purposes. 

3 (b) LIMITATIONS.—Grants under this section— 

4 (1) shall be provided for— 

5 (A) no more than one project in one of the 

6 Upper Basin States; 

7 (B) no more than one project in one of the 

8 Lower Basin States other than California; and 

9 (C) no more than one project in California; 

10 (2) shall not exceed $1,000,000 for any project; 

11 (3) shall be used to pay not more than 50 per12 cent of the total cost of a project carried out with 

13 such grants; and 

14 (4) shall not be used for operation or mainte15 nance of any facility. 

16 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated— 

18 (1) such sums as may be required to implement 

19 section 3; and 

20 (2) $5,000,000 to implement section 4. 

Æ 


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