I 

111TH CONGRESS 

1ST SESSION H. R. 922 

To authorize the Secretary of the Interior to provide financial assistance 

to the Eastern New Mexico Rural Water Authority for the planning, 

design, and construction of the Eastern New Mexico Rural Water System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2009 

Mr. LUJA ́N introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To authorize the Secretary of the Interior to provide financial 

assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the 

Eastern New Mexico Rural Water System, 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. 

4 This Act may be cited as the ‘‘Eastern New Mexico 

5 Rural Water System Authorization Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


smartinez on PROD1PC64 with BILLS
2 

•HR 922 IH

1 (1) AUTHORITY.—The term ‘‘Authority’’ means 

2 the Eastern New Mexico Rural Water Authority, an 

3 entity formed under State law for the purposes of 

4 planning, financing, developing, and operating the 

5 System. 

6 (2) ENGINEERING REPORT.—The term ‘‘engi7 neering report’’ means the report entitled ‘‘Eastern 

8 New Mexico Rural Water System Preliminary Engi9 neering Report’’ and dated October 2006. 

10 (3) PLAN.—The term ‘‘plan’’ means the oper11 ation, maintenance, and replacement plan required 

12 by section 4(b). 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior. 

15 (5) STATE.—The term ‘‘State’’ means the State 

16 of New Mexico. 

17 (6) SYSTEM.— 

18 (A) IN GENERAL.—The term ‘‘System’’ 

19 means the Eastern New Mexico Rural Water 

20 System, a water delivery project designed to de21 liver approximately 16,500 acre-feet of water 

22 per year from the Ute Reservoir to the cities of 

23 Clovis, Elida, Grady, Melrose, Portales, and 

24 Texico and other locations in Curry, Roosevelt, 

25 and Quay Counties in the State. 


smartinez on PROD1PC64 with BILLS
3 

•HR 922 IH

1 (B) INCLUSIONS.—The term ‘‘System’’ in2 cludes the major components and associated in3 frastructure identified as the ‘‘Best Technical 

4 Alternative’’ in the engineering report. 

5 (7) UTE RESERVOIR.—The term ‘‘Ute Res6 ervoir’’ means the impoundment of water created in 

7 1962 by the construction of the Ute Dam on the Ca8 nadian River, located approximately 32 miles up9 stream of the border between New Mexico and 

10 Texas. 

11 SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM. 

12 (a) FINANCIAL ASSISTANCE.— 

13 (1) IN GENERAL.—The Secretary may provide 

14 financial and technical assistance to the Authority to 

15 assist in planning, designing, conducting related 

16 preconstruction activities for, and constructing the 

17 System. 

18 (2) USE.— 

19 (A) IN GENERAL.—Any financial assist20 ance provided under paragraph (1) shall be ob21 ligated and expended only in accordance with a 

22 cooperative agreement entered into under sec23 tion 5(a)(2). 


smartinez on PROD1PC64 with BILLS
4 

•HR 922 IH

1 (B) LIMITATIONS.—Financial assistance 

2 provided under paragraph (1) shall not be 

3 used— 

4 (i) for any activity that is inconsistent 

5 with constructing the System; or 

6 (ii) to plan or construct facilities used 

7 to supply irrigation water for irrigated ag8 ricultural purposes. 

9 (b) COST-SHARING REQUIREMENT.— 

10 (1) IN GENERAL.—The Federal share of the 

11 total cost of any activity or construction carried out 

12 using amounts made available under this Act shall 

13 be not more than 75 percent of the total cost of the 

14 System. 

15 (2) SYSTEM DEVELOPMENT COSTS.—For pur16 poses of paragraph (1), the total cost of the System 

17 shall include any costs incurred by the Authority or 

18 the State on or after October 1, 2003, for the devel19 opment of the System. 

20 (c) LIMITATION.—No amounts made available under 

21 this Act may be used for the construction of the System 

22 until— 

23 (1) a plan is developed under section 4(b); and 

24 (2) the Secretary and the Authority have com25 plied with any requirements of the National EnviVerDate Nov 24 2008 04:37 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H922.IH H922

smartinez on PROD1PC64 with BILLS
5 

•HR 922 IH

1 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.) applicable to the System. 

3 (d) TITLE TO PROJECT WORKS.—Title to the infra4 structure of the System shall be held by the Authority or 

5 as may otherwise be specified under State law. 

6 SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT 

7 COSTS. 

8 (a) IN GENERAL.—The Authority shall be responsible 

9 for the annual operation, maintenance, and replacement 

10 costs associated with the System. 

11 (b) OPERATION, MAINTENANCE, AND REPLACEMENT

12 PLAN.—The Authority, in consultation with the Secretary, 

13 shall develop an operation, maintenance, and replacement 

14 plan that establishes the rates and fees for beneficiaries 

15 of the System in the amount necessary to ensure that the 

16 System is properly maintained and capable of delivering 

17 approximately 16,500 acre-feet of water per year. 

18 SEC. 5. ADMINISTRATIVE PROVISIONS. 

19 (a) COOPERATIVE AGREEMENTS.— 

20 (1) IN GENERAL.—The Secretary may enter 

21 into any contract, grant, cooperative agreement, or 

22 other agreement that is necessary to carry out this 

23 Act. 

24 (2) COOPERATIVE AGREEMENT FOR PROVISION

25 OF FINANCIAL ASSISTANCE.— 


smartinez on PROD1PC64 with BILLS
6 

•HR 922 IH

1 (A) IN GENERAL.—The Secretary shall 

2 enter into a cooperative agreement with the Au3 thority to provide financial assistance and any 

4 other assistance requested by the Authority for 

5 planning, design, related preconstruction activi6 ties, and construction of the System. 

7 (B) REQUIREMENTS.—The cooperative 

8 agreement entered into under subparagraph (A) 

9 shall, at a minimum, specify the responsibilities 

10 of the Secretary and the Authority with respect 

11 to— 

12 (i) ensuring that the cost-share re13 quirements established by section 3(b) are 

14 met; 

15 (ii) completing the planning and final 

16 design of the System; 

17 (iii) any environmental and cultural 

18 resource compliance activities required for 

19 the System; and 

20 (iv) the construction of the System. 

21 (b) TECHNICAL ASSISTANCE.—At the request of the 

22 Authority, the Secretary may provide to the Authority any 

23 technical assistance that is necessary to assist the Author24 ity in planning, designing, constructing, and operating the 

25 System. 


smartinez on PROD1PC64 with BILLS
7 

•HR 922 IH

1 (c) BIOLOGICAL ASSESSMENT.—The Secretary shall 

2 consult with the New Mexico Interstate Stream Commis3 sion and the Authority in preparing any biological assess4 ment under the Endangered Species Act of 1973 (16 

5 U.S.C. 1531 et seq.) that may be required for planning 

6 and constructing the System. 

7 (d) EFFECT.—Nothing in this Act— 

8 (1) affects or preempts— 

9 (A) State water law; or 

10 (B) an interstate compact relating to the 

11 allocation of water; or 

12 (2) confers on any non-Federal entity the abil13 ity to exercise any Federal rights to— 

14 (A) the water of a stream; or 

15 (B) any groundwater resource. 

16 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—In accordance with the adjust18 ment carried out under subsection (b), there is authorized 

19 to be appropriated to the Secretary to carry out this Act 

20 an amount not greater than $327,000,000. 

21 (b) ADJUSTMENT.—The amount made available 

22 under subsection (a) shall be adjusted to reflect changes 

23 in construction costs occurring after January 1, 2007, as 

24 indicated by engineering cost indices applicable to the 

25 types of construction necessary to carry out this Act. 


smartinez on PROD1PC64 with BILLS
8 

•HR 922 IH

1 (c) NONREIMBURSABLE AMOUNTS.—Amounts made 

2 available to the Authority in accordance with the cost3 sharing requirement under section 3(b) shall be nonreim4 bursable and nonreturnable to the United States. 

5 (d) AVAILABILITY OF FUNDS.—At the end of each 

6 fiscal year, any unexpended funds appropriated pursuant 

7 to this Act shall be retained for use in future fiscal years 

8 consistent with this Act. 

Æ 


smartinez on PROD1PC64 with BILLS