II 

Calendar No. 826 

110TH CONGRESS 

2D SESSION H. R. 5710 

IN THE SENATE OF THE UNITED STATES 

JUNE 20 (legislative day, JUNE 19), 2008 

Received; read twice and placed on the calendar 

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, 

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: 

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

9 the Eastern New Mexico Rural Water Authority, an 


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1 entity formed under State law for the purposes of 

2 planning, financing, developing, and operating the 

3 System. 

4 (2) ENGINEERING REPORT.—The term ‘‘engi5 neering report’’ means the report entitled ‘‘Eastern 

6 New Mexico Rural Water System Preliminary Engi7 neering Report’’ and dated October 2006. 

8 (3) PLAN.—The term ‘‘plan’’ means the oper9 ation, maintenance, and replacement plan required 

10 by section 4(b). 

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

12 the Secretary of the Interior. 

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

14 of New Mexico. 

15 (6) SYSTEM.— 

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

17 means the Eastern New Mexico Rural Water 

18 System, a water delivery project designed to de19 liver approximately 16,500 acre-feet of water 

20 per year from the Ute Reservoir to the cities of 

21 Clovis, Elida, Grady, Melrose, Portales, and 

22 Texico and other locations in Curry, Roosevelt, 

23 and Quay Counties in the State. 

24 (B) INCLUSIONS.—The term ‘‘System’’ in25 cludes the major components and associated inVerDate Aug 31 2005 02:03 Jun 21, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5710.PCS H5710

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1 frastructure identified as the ‘‘Best Technical 

2 Alternative’’ in the engineering report. 

3 (7) UTE RESERVOIR.—The term ‘‘Ute Res4 ervoir’’ means the impoundment of water created in 

5 1962 by the construction of the Ute Dam on the Ca6 nadian River, located approximately 32 miles up7 stream of the border between New Mexico and 

8 Texas. 

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

10 (a) FINANCIAL ASSISTANCE.— 

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

12 financial and technical assistance to the Authority to 

13 assist in planning, designing, conducting related 

14 preconstruction activities for, and constructing the 

15 System. 

16 (2) USE.— 

17 (A) IN GENERAL.—Any financial assist18 ance provided under paragraph (1) shall be ob19 ligated and expended only in accordance with a 

20 cooperative agreement entered into under sec21 tion 5(a)(2). 

22 (B) LIMITATIONS.—Financial assistance 

23 provided under paragraph (1) shall not be 

24 used— 


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1 (i) for any activity that is inconsistent 

2 with constructing the System; or 

3 (ii) to plan or construct facilities used 

4 to supply irrigation water for irrigated ag5 ricultural purposes. 

6 (b) COST-SHARING REQUIREMENT.— 

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

8 total cost of any activity or construction carried out 

9 using amounts made available under this Act shall 

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

11 System. 

12 (2) SYSTEM DEVELOPMENT COSTS.—For pur13 poses of paragraph (1), the total cost of the System 

14 shall include any costs incurred by the Authority or 

15 the State on or after October 1, 2003, for the devel16 opment of the System. 

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

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

19 until— 

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

21 (2) the Secretary and the Authority have com22 plied with any requirements of the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.) applicable to the System. 


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1 (d) TITLE TO PROJECT WORKS.—Title to the infra2 structure of the System shall be held by the Authority or 

3 as may otherwise be specified under State law. 

4 SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT 

5 COSTS. 

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

7 for the annual operation, maintenance, and replacement 

8 costs associated with the System. 

9 (b) OPERATION, MAINTENANCE, AND REPLACEMENT

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

11 shall develop an operation, maintenance, and replacement 

12 plan that establishes the rates and fees for beneficiaries 

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

14 System is properly maintained and capable of delivering 

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

16 SEC. 5. ADMINISTRATIVE PROVISIONS. 

17 (a) COOPERATIVE AGREEMENTS.— 

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

19 into any contract, grant, cooperative agreement, or 

20 other agreement that is necessary to carry out this 

21 Act. 

22 (2) COOPERATIVE AGREEMENT FOR PROVISION

23 OF FINANCIAL ASSISTANCE.— 

24 (A) IN GENERAL.—The Secretary shall 

25 enter into a cooperative agreement with the AuVerDate Aug 31 2005 02:03 Jun 21, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5710.PCS H5710

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1 thority to provide financial assistance and any 

2 other assistance requested by the Authority for 

3 planning, design, related preconstruction activi4 ties, and construction of the System. 

5 (B) REQUIREMENTS.—The cooperative 

6 agreement entered into under subparagraph (A) 

7 shall, at a minimum, specify the responsibilities 

8 of the Secretary and the Authority with respect 

9 to— 

10 (i) ensuring that the cost-share re11 quirements established by section 3(b) are 

12 met; 

13 (ii) completing the planning and final 

14 design of the System; 

15 (iii) any environmental and cultural 

16 resource compliance activities required for 

17 the System; and 

18 (iv) the construction of the System. 

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

20 Authority, the Secretary may provide to the Authority any 

21 technical assistance that is necessary to assist the Author22 ity in planning, designing, constructing, and operating the 

23 System. 

24 (c) BIOLOGICAL ASSESSMENT.—The Secretary shall 

25 consult with the New Mexico Interstate Stream CommisVerDate Aug 31 2005 02:03 Jun 21, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5710.PCS H5710

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1 sion and the Authority in preparing any biological assess2 ment under the Endangered Species Act of 1973 (16 

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

4 and constructing the System. 

5 (d) EFFECT.—Nothing in this Act–— 

6 (1) affects or preempts— 

7 (A) State water law; or 

8 (B) an interstate compact relating to the 

9 allocation of water; or 

10 (2) confers on any non-Federal entity the abil11 ity to exercise any Federal rights to— 

12 (A) the water of a stream; or 

13 (B) any groundwater resource. 

14 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—In accordance with the adjust16 ment carried out under subsection (b), there is authorized 

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

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

19 (b) ADJUSTMENT.—The amount made available 

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

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

22 indicated by engineering cost indices applicable to the 

23 types of construction necessary to carry out this Act. 

24 (c) NONREIMBURSABLE AMOUNTS.—Amounts made 

25 available to the Authority in accordance with the costVerDate Aug 31 2005 02:03 Jun 21, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5710.PCS H5710

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1 sharing requirement under section 3(b) shall be non2 reimbursable and nonreturnable to the United States. 

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

4 fiscal year, any unexpended funds appropriated pursuant 

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

6 consistent with this Act. 

Passed the House of Representatives June 19, 2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 826 

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 

JUNE 20 (legislative day, JUNE 19), 2008 

Received; read twice and placed on the calendar 


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