IIB 

109TH CONGRESS 

1ST SESSION H. R. 135

IN THE SENATE OF THE UNITED STATES 

APRIL 13, 2005

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT

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,
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1 SECTION 1. SHORT TITLE. 

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

3 Water Commission Act of 2005’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that—

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

7 increasing stress and pressure in the coming dec8 ades; 

9 (2) a thorough assessment of technological and 

10 economic advances that can be employed to increase 

11 water supplies or otherwise meet water needs in 

12 every region of the country is important and long 

13 overdue; and 

14 (3) a comprehensive strategy to increase water 

15 availability and ensure safe, adequate, reliable, and 

16 sustainable water supplies is vital to the economic 

17 and environmental future of the Nation. 

18 SEC. 3. ESTABLISHMENT. 

19 There is established a commission to be known as the 

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

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

22 SEC. 4. DUTIES. 

23 The duties of the Commission shall be to—

24 (1) use existing water assessments and conduct 

25 such additional assessments as may be necessary to 

26 project future water supply and demand; 
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1 (2) study current water management programs 

2 of Federal, Interstate, State, and local agencies, and 

3 private sector entities directed at increasing water 

4 supplies and improving the availability, reliability, 

5 and quality of freshwater resources; and 

6 (3) consult with representatives of such agen7 cies and entities to develop recommendations con8 sistent with laws, treaties, decrees, and interstate 

9 compacts for a comprehensive water strategy 

10 which—

11 (A) respects the primary role of States in 

12 adjudicating, administering, and regulating 

13 water rights and water uses; 

14 (B) identifies incentives intended to ensure 

15 an adequate and dependable supply of water to 

16 meet the needs of the United States for the 

17 next 50 years; 

18 (C) suggests strategies that avoid in19 creased mandates on State and local govern20 ments; 

21 (D) eliminates duplication and conflict 

22 among Federal governmental programs; 

23 (E) considers all available technologies and 

24 other methods to optimize water supply reli-
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1 ability, availability, and quality, while safe2 guarding the environment; 

3 (F) recommends means of capturing excess 

4 water and flood water for conservation and use 

5 in the event of a drought; 

6 (G) suggests financing options for com7 prehensive water management projects and for 

8 appropriate public works projects; 

9 (H) suggests strategies to conserve existing 

10 water supplies, including recommendations for 

11 repairing aging infrastructure; and 

12 (I) includes other objectives related to the 

13 effective management of the water supply to en14 sure reliability, availability, and quality, which 

15 the Commission shall consider appropriate. 

16 SEC. 5. MEMBERSHIP. 

17 (a) NUMBER AND APPOINTMENT.—The Commission 

18 shall be composed of 9 members who shall be appointed 

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

20 Act. Member shall be appointed as follows: 

21 (1) 5 members appointed by the President; 

22 (2) 2 members appointed by the Speaker of the 

23 House of Representatives, in consultation with the 

24 Minority Leader of the House of Representatives; 

25 and 
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1 (3) 2 members appointed by the Majority Lead2 er of the Senate, in consultation with the Minority 

3 Leader of the Senate. 

4 (b) QUALIFICATIONS.—Members shall be appointed 

5 to the Commission from among individuals who—

6 (1) are of recognized standing and distinction 

7 in water policy issues; and 

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

9 hold any other position as an officer or employee of 

10 the United States, except as a retired officer or re11 tired civilian employee of the United States. 

12 (c) OTHER CONSIDERATIONS.—In appointing mem13 bers of the Commission, every effort shall be made to en14 sure that the members represent a broad cross section of 

15 regional and geographical perspectives in the United 

16 States. 

17 (d) CHAIRPERSON.—The Chairperson of the Com18 mission shall be designated by the President. 

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

20 appointed not later than 90 days after the date of enact21 ment of this Act and shall serve for the life of the Commis22 sion. 

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

24 not affect its operation, and shall be filled in the same 
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1 manner as the original appointment provided under sub2 section (a). 

3 (g) COMPENSATION AND TRAVEL EXPENSES.—Mem4 bers of the Commission shall serve without compensation, 

5 except members shall receive travel expenses, including per 

6 diem in lieu of subsistence, in accordance with applicable 

7 provisions under subchapter I of chapter 57, United 

8 States Code. 

9 SEC. 6. MEETINGS AND QUORUM. 

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

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

12 all members have been appointed under section 5, and 

13 shall hold additional meetings at the call of the Chair14 person or a majority of its members. 

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

16 Commission shall constitute a quorum for the transaction 

17 of business. 

18 SEC. 7. DIRECTOR AND STAFF. 

19 A Director shall be appointed by the Speaker of the 

20 House of Representatives and the Majority Leader of the 

21 Senate, in consultation with the Minority Leader and 

22 chairmen of the Resources and Transportation and Infra23 structure Committees of the House of Representatives, 

24 and the Minority Leader and chairmen of the Energy and 

25 Natural Resources and Environment and Public Works 
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1 Committees of the Senate. The Director and any staff re2 porting to the Director shall be paid a rate of pay not 

3 to exceed the maximum rate of basic pay for GS–15 of 

4 the General Schedule. 

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

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

7 than 10 hearings during the life of the Commission. Hear8 ings may be held in conjunction with meetings of the Com9 mission. The Commission may take such testimony and 

10 receive such evidence as the Commission considers appro11 priate to carry out this Act. At least 1 hearing shall be 

12 held in Washington, D.C., for the purpose of taking testi13 mony of representatives of Federal agencies, national or14 ganizations, and Members of Congress. Other hearings 

15 shall be scheduled in distinct geographical regions of the 

16 United States and should seek to ensure testimony from 

17 individuals with a diversity of experiences, including those 

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

19 in the private sector. 

20 (b) INFORMATION AND SUPPORT FROM FEDERAL

21 AGENCIES.—Upon request of the Commission, any Fed22 eral agency shall—

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

24 of its request, such information as the Commission 
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1 considers necessary to carry out the provisions of 

2 this Act; and 

3 (2) detail to temporary duty with the Commis4 sion on a reimbursable basis such personnel as the 

5 Commission considers necessary to carry out the 

6 provisions of this Act, in accordance with section 

7 5(b)(5), Appendix, title 5, United States Code. 

8 SEC. 9. REPORTS. 

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

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

11 every 6 months thereafter, the Commission shall transmit 

12 an interim report containing a detailed summary of its 

13 progress, including meetings and hearings conducted in 

14 the interim period, to—

15 (1) the President; 

16 (2) the Committee on Resources and the Com17 mittee on Transportation and Infrastructure of the 

18 House of Representatives; and 

19 (3) the Committee on Energy and Natural Re20 sources and the Committee on the Environment and 

21 Public Works of the Senate. 

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

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

24 the Commission, the Commission shall transmit a final re25 port containing a detailed statement of the findings and 
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1 conclusions of the Commission, and recommendations for 

2 legislation and other policies to implement such findings 

3 and conclusions, to—

4 (1) the President; 

5 (2) the Committee on Resources and the Com6 mittee on Transportation and Infrastructure of the 

7 House of Representatives; and 

8 (3) the Committee on Energy and Natural Re9 sources and the Committee on the Environment and 

10 Public Works of the Senate. 

11 SEC. 10. TERMINATION. 

12 The Commission shall terminate not later than 30 

13 days after the date on which the Commission transmits 

14 a final report under section 9(b). 

15 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

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

17 to carry out this Act.

Passed the House of Representatives April 12, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.