110TH CONGRESS 

2D SESSION H. R. 5710 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE. 

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

3 Rural Water System Authorization Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 the Eastern New Mexico Rural Water Authority, an 

8 entity formed under State law for the purposes of 

9 planning, financing, developing, and operating the 

10 System. 

11 (2) ENGINEERING REPORT.—The term ‘‘engi12 neering report’’ means the report entitled ‘‘Eastern 

13 New Mexico Rural Water System Preliminary Engi14 neering Report’’ and dated October 2006. 

15 (3) PLAN.—The term ‘‘plan’’ means the oper16 ation, maintenance, and replacement plan required 

17 by section 4(b). 

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

19 the Secretary of the Interior. 

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

21 of New Mexico. 

22 (6) SYSTEM.— 

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

24 means the Eastern New Mexico Rural Water 

25 System, a water delivery project designed to de26 liver approximately 16,500 acre-feet of water 
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1 per year from the Ute Reservoir to the cities of 

2 Clovis, Elida, Grady, Melrose, Portales, and 

3 Texico and other locations in Curry, Roosevelt, 

4 and Quay Counties in the State. 

5 (B) INCLUSIONS.—The term ‘‘System’’ in6 cludes the major components and associated in7 frastructure identified as the ‘‘Best Technical 

8 Alternative’’ in the engineering report. 

9 (7) UTE RESERVOIR.—The term ‘‘Ute Res10 ervoir’’ means the impoundment of water created in 

11 1962 by the construction of the Ute Dam on the Ca12 nadian River, located approximately 32 miles up13 stream of the border between New Mexico and 

14 Texas. 

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

16 (a) FINANCIAL ASSISTANCE.— 

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

18 financial and technical assistance to the Authority to 

19 assist in planning, designing, conducting related 

20 preconstruction activities for, and constructing the 

21 System. 

22 (2) USE.— 

23 (A) IN GENERAL.—Any financial assist24 ance provided under paragraph (1) shall be ob25 ligated and expended only in accordance with a 
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1 cooperative agreement entered into under sec2 tion 5(a)(2). 

3 (B) LIMITATIONS.—Financial assistance 

4 provided under paragraph (1) shall not be 

5 used— 

6 (i) for any activity that is inconsistent 

7 with constructing the System; or 

8 (ii) to plan or construct facilities used 

9 to supply irrigation water for irrigated ag10 ricultural purposes. 

11 (b) COST-SHARING REQUIREMENT.— 

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

13 total cost of any activity or construction carried out 

14 using amounts made available under this Act shall 

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

16 System. 

17 (2) SYSTEM DEVELOPMENT COSTS.—For pur18 poses of paragraph (1), the total cost of the System 

19 shall include any costs incurred by the Authority or 

20 the State on or after October 1, 2003, for the devel21 opment of the System. 

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

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

24 until— 

25 (1) a plan is developed under section 4(b); and 
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1 (2) the Secretary and the Authority have com2 plied with any requirements of the National Envi3 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

4 seq.) applicable to the System. 

5 (d) TITLE TO PROJECT WORKS.—Title to the infra6 structure of the System shall be held by the Authority or 

7 as may otherwise be specified under State law. 

8 SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT 

9 COSTS. 

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

11 for the annual operation, maintenance, and replacement 

12 costs associated with the System. 

13 (b) OPERATION, MAINTENANCE, AND REPLACEMENT

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

15 shall develop an operation, maintenance, and replacement 

16 plan that establishes the rates and fees for beneficiaries 

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

18 System is properly maintained and capable of delivering 

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

20 SEC. 5. ADMINISTRATIVE PROVISIONS. 

21 (a) COOPERATIVE AGREEMENTS.— 

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

23 into any contract, grant, cooperative agreement, or 

24 other agreement that is necessary to carry out this 

25 Act. 
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1 (2) COOPERATIVE AGREEMENT FOR PROVISION

2 OF FINANCIAL ASSISTANCE.— 

3 (A) IN GENERAL.—The Secretary shall 

4 enter into a cooperative agreement with the Au5 thority to provide financial assistance and any 

6 other assistance requested by the Authority for 

7 planning, design, related preconstruction activi8 ties, and construction of the System. 

9 (B) REQUIREMENTS.—The cooperative 

10 agreement entered into under subparagraph (A) 

11 shall, at a minimum, specify the responsibilities 

12 of the Secretary and the Authority with respect 

13 to— 

14 (i) ensuring that the cost-share re15 quirements established by section 3(b) are 

16 met; 

17 (ii) completing the planning and final 

18 design of the System; 

19 (iii) any environmental and cultural 

20 resource compliance activities required for 

21 the System; and 

22 (iv) the construction of the System. 

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

24 Authority, the Secretary may provide to the Authority any 

25 technical assistance that is necessary to assist the Author-
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1 ity in planning, designing, constructing, and operating the 

2 System. 

3 (c) BIOLOGICAL ASSESSMENT.—The Secretary shall 

4 consult with the New Mexico Interstate Stream Commis5 sion and the Authority in preparing any biological assess6 ment under the Endangered Species Act of 1973 (16 

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

8 and constructing the System. 

9 (d) EFFECT.—Nothing in this Act–— 

10 (1) affects or preempts— 

11 (A) State water law; or 

12 (B) an interstate compact relating to the 

13 allocation of water; or 

14 (2) confers on any non-Federal entity the abil15 ity to exercise any Federal rights to— 

16 (A) the water of a stream; or 

17 (B) any groundwater resource. 

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—In accordance with the adjust20 ment carried out under subsection (b), there is authorized 

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

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

23 (b) ADJUSTMENT.—The amount made available 

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

25 in construction costs occurring after January 1, 2007, as 
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1 indicated by engineering cost indices applicable to the 

2 types of construction necessary to carry out this Act. 

3 (c) NONREIMBURSABLE AMOUNTS.—Amounts made 

4 available to the Authority in accordance with the cost5 sharing requirement under section 3(b) shall be non6 reimbursable and nonreturnable to the United States. 

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

8 fiscal year, any unexpended funds appropriated pursuant 

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

10 consistent with this Act. 

Passed the House of Representatives June 19, 2008. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION H. R. 5710 

AN ACT 

To authorize the Secretary of the Interior to proposes. Mexico Rural Water System, and for other pur- design, and construction of the Eastern New Mexico Rural Water Authority for the planning, vide financial assistance to the Eastern New