IB 

Union Calendar No. 455 

110TH CONGRESS 

2D SESSION H. R. 5710 

[Report No. 110–714] 

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 

APRIL 3, 2008 

Mr. UDALL of New Mexico introduced the following bill; which was referred 

to the Committee on Natural Resources 

JUNE 17, 2008 

Additional sponsors: Mrs. WILSON of New Mexico and Mr. PEARCE

JUNE 17, 2008 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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. 


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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 

10 entity formed under State law for the purposes of 

11 planning, financing, developing, and operating the 

12 System. 

13 (2) ENGINEERING REPORT.—The term ‘‘engi14 neering report’’ means the report entitled ‘‘Eastern 

15 New Mexico Rural Water System Preliminary Engi16 neering Report’’ and dated October 2006. 

17 (3) PLAN.—The term ‘‘plan’’ means the oper18 ation, maintenance, and replacement plan required 

19 by section 4(b). 

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

21 the Secretary of the Interior. 

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

23 of New Mexico. 

24 (6) SYSTEM.— 


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

2 means the Eastern New Mexico Rural Water 

3 System, a water delivery project designed to de4 liver approximately 16,500 acre-feet of water 

5 per year from the Ute Reservoir to the cities of 

6 Clovis, Elida, Grady, Melrose, Portales, and 

7 Texico and other locations in Curry, Roosevelt, 

8 and Quay Counties in the State. 

9 (B) INCLUSIONS.—The term ‘‘System’’ in10 cludes the major components and associated in11 frastructure identified as the ‘‘Best Technical 

12 Alternative’’ in the engineering report. 

13 (7) UTE RESERVOIR.—The term ‘‘Ute Res14 ervoir’’ means the impoundment of water created in 

15 1962 by the construction of the Ute Dam on the Ca16 nadian River, located approximately 32 miles up17 stream of the border between New Mexico and 

18 Texas. 

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

20 (a) FINANCIAL ASSISTANCE.— 

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

22 financial and technical assistance to the Authority to 

23 assist in planning, designing, conducting related 

24 preconstruction activities for, and constructing the 

25 System. 


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1 (2) USE.— 

2 (A) IN GENERAL.—Any financial assist3 ance provided under paragraph (1) shall be ob4 ligated and expended only in accordance with a 

5 cooperative agreement entered into under sec6 tion 5(a)(2). 

7 (B) LIMITATIONS.—Financial assistance 

8 provided under paragraph (1) shall not be 

9 used— 

10 (i) for any activity that is inconsistent 

11 with constructing the System; or 

12 (ii) to plan or construct facilities used 

13 to supply irrigation water for irrigated ag14 ricultural purposes. 

15 (b) COST-SHARING REQUIREMENT.— 

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

17 total cost of any activity or construction carried out 

18 using amounts made available under this Act shall 

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

20 System. 

21 (2) SYSTEM DEVELOPMENT COSTS.—For pur22 poses of paragraph (1), the total cost of the System 

23 shall include any costs incurred by the Authority or 

24 the State on or after October 1, 2003, for the devel25 opment of the System. 


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

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

3 until— 

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

5 (2) the Secretary and the Authority have com6 plied with any requirements of the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.) applicable to the System. 

9 (d) TITLE TO PROJECT WORKS.—Title to the infra10 structure of the System shall be held by the Authority or 

11 as may otherwise be specified under State law. 

12 SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT 

13 COSTS. 

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

15 for the annual operation, maintenance, and replacement 

16 costs associated with the System. 

17 (b) OPERATION, MAINTENANCE, AND REPLACEMENT

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

19 shall develop an operation, maintenance, and replacement 

20 plan that establishes the rates and fees for beneficiaries 

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

22 System is properly maintained and capable of delivering 

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

24 SEC. 5. ADMINISTRATIVE PROVISIONS. 

25 (a) COOPERATIVE AGREEMENTS.— 


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

2 into any contract, grant, cooperative agreement, or 

3 other agreement that is necessary to carry out this 

4 Act. 

5 (2) COOPERATIVE AGREEMENT FOR PROVISION

6 OF FINANCIAL ASSISTANCE.— 

7 (A) IN GENERAL.—The Secretary shall 

8 enter into a cooperative agreement with the Au9 thority to provide financial assistance and any 

10 other assistance requested by the Authority for 

11 planning, design, related preconstruction activi12 ties, and construction of the System. 

13 (B) REQUIREMENTS.—The cooperative 

14 agreement entered into under subparagraph (A) 

15 shall, at a minimum, specify the responsibilities 

16 of the Secretary and the Authority with respect 

17 to— 

18 (i) ensuring that the cost-share re19 quirements established by section 3(b) are 

20 met; 

21 (ii) completing the planning and final 

22 design of the System; 

23 (iii) any environmental and cultural 

24 resource compliance activities required for 

25 the System; and 


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1 (iv) the construction of the System. 

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

3 Authority, the Secretary may provide to the Authority any 

4 technical assistance that is necessary to assist the Author5 ity in planning, designing, constructing, and operating the 

6 System. 

7 (c) BIOLOGICAL ASSESSMENT.—The Secretary shall 

8 consult with the New Mexico Interstate Stream Commis9 sion and the Authority in preparing any biological assess10 ment under the Endangered Species Act of 1973 (16 

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

12 and constructing the System. 

13 (d) EFFECT.—Nothing in this Act— 

14 (1) affects or preempts— 

15 (A) State water law; or 

16 (B) an interstate compact relating to the 

17 allocation of water; or 

18 (2) confers on any non-Federal entity the abil19 ity to exercise any Federal rights to— 

20 (A) the water of a stream; or 

21 (B) any groundwater resource. 

22 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) IN GENERAL.—In accordance with the adjust24 ment carried out under subsection (b), there is authorized 


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

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

3 (b) ADJUSTMENT.—The amount made available 

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

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

6 indicated by engineering cost indices applicable to the 

7 types of construction necessary to carry out this Act. 

8 (c) NONREIMBURSABLE AMOUNTS.—Amounts made 

9 available to the Authority in accordance with the cost10 sharing requirement under section 3(b) shall be non11 reimbursable and nonreturnable to the United States. 

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

13 fiscal year, any unexpended funds appropriated pursuant 

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

15 consistent with this Act. 


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Union Calendar No. 455 

110TH CONGRESS 

2D SESSION H. R. 5710 

[Report No. 110

–714] 

A BILL 

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 17, 2008 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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