II 

113TH CONGRESS 

2D SESSION S. 2470 

To provide for drought relief measures in the State of New Mexico, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 12, 2014 

Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for drought relief measures in the State of New 

Mexico, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘New Mexico Drought Relief Act of 2014’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Water acquisition program. 

Sec. 4. Water conservation. 

Sec. 5. Middle Rio Grande peak flow restoration. 

Sec. 6. National Academy of Sciences study. 


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Sec. 7. Emergency funding. 

Sec. 8. Secure Water Act reauthorization. 

Sec. 9. Reclamation States Emergency Drought Relief Act reauthorization. 

Sec. 10. Rio Grande Pueblo irrigation infrastructure reauthorization. 

Sec. 11. Regional conservation partnership program. 

Sec. 12. Conservation reserve program. 

Sec. 13. Effect on State law. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BASIN.—The term ‘‘Basin’’ means each 

4 of— 

5 (A) the Upper Rio Grande Basin; 

6 (B) the Middle Rio Grande Basin; 

7 (C) the Lower Rio Grande Basin; 

8 (D) the Lower Pecos River Basin; 

9 (E) the Gila River Basin; 

10 (F) the Canadian River Basin; 

11 (G) the San Francisco River Basin; and 

12 (H) the San Juan River Basin. 

13 (2) DISTRICT.—The term ‘‘District’’ means the 

14 Middle Rio Grande Conservancy District. 

15 (3) PUEBLO.—The term ‘‘Pueblo’’ means each 

16 of the following pueblos in the State: 

17 (A) Cochiti. 

18 (B) Santo Domingo. 

19 (C) San Felipe. 

20 (D) Santa Ana. 

21 (E) Sandia. 

22 (F) Isleta. 


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1 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

2 means— 

3 (A) the Administrator of the Environ4 mental Protection Agency; 

5 (B) the Secretary of Commerce; and 

6 (C) the Secretary of the Interior. 

7 (5) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (6) STATE.—The term ‘‘State’’ means the State 

10 of New Mexico. 

11 SEC. 3. WATER ACQUISITION PROGRAM. 

12 (a) IN GENERAL.—The Secretary, acting through the 

13 Commissioner of Reclamation, shall carry out in the Ba14 sins a water acquisition program in coordination with the 

15 other appropriate Federal agencies, State agencies, and 

16 non-Federal stakeholders, under which the Secretary 

17 shall— 

18 (1) make acquisitions of water in the Basins; 

19 and 

20 (2) take any other actions that the Secretary 

21 determines would achieve the purposes of the water 

22 acquisition program described in subsection (b). 

23 (b) PURPOSES.—The purposes of the water acquisi24 tion program are— 


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1 (1) to enhance stream flow to benefit fish and 

2 wildlife (including endangered species), water qual3 ity, and river ecosystem restoration in the Basins; 

4 and 

5 (2) to enhance stewardship and conservation of 

6 working land, water, and watersheds in the Basins, 

7 consistent with the purpose described in paragraph 

8 (1). 

9 (c) COORDINATION.—To assist in developing and ad10 ministering the program, the Secretary may provide funds 

11 to a federally established nonprofit entity with particular 

12 expertise in western water transactions. 

13 (d) DISTRICT PROJECTS.—Subject to State law, the 

14 Secretary may develop programs to provide— 

15 (1) cost-share assistance to the District or agri16 cultural producers and irrigators in the District for 

17 making irrigation system improvements that in18 crease system efficiency; 

19 (2) for the use of agricultural leasing agree20 ments to allow the District to provide water for the 

21 purpose of providing benefits to species listed under 

22 the Endangered Species Act of 1973 (16 U.S.C. 

23 1531 et seq.) and other river ecosystem benefits; and 

24 (3) cost-share assistance to the District to im25 plement infrastructure or operational changes that 


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1 will allow for effective management of a leasing pro2 gram, while maintaining adequate water deliveries to 

3 other agricultural producers and irrigators. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Secretary to carry 

6 out this section $30,000,000. 

7 SEC. 4. WATER CONSERVATION. 

8 (a) IN GENERAL.—The Secretary, in cooperation 

9 with the District and in consultation with the Pueblos, 

10 may provide funding and technical assistance for the in11 stallation of metering and measurement devices and the 

12 construction of check structures on irrigation diversions, 

13 canals, laterals, ditches, and drains— 

14 (1) to ensure the conservation and efficient use 

15 of water within the District by reducing actual con16 sumptive use or not increasing the use of water; and 

17 (2) to improve the measurement and allocation 

18 of water acquired through the water acquisition pro19 gram established under section 3. 

20 (b) RIO GRANDE, SAN ACACIA REACH.— 

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

22 for development of a comprehensive plan for the San 

23 Acacia reach to plan, design, construct and prioritize 

24 projects that balance river maintenance, water availVerDate Mar 15 2010 00:00 Jun 17, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2470.IS S2470

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1 ability, use, and delivery, and ecosystem benefits, in2 cluding— 

3 (A) planning, permitting, and construction 

4 of a pumping station at Bosque del Apache Na5 tional Wildlife Refuge for the purpose of more 

6 efficiently using water to provide— 

7 (i) a stable supply for the Refuge; and 

8 (ii) additional water to the Rio 

9 Grande for the benefit of the endangered 

10 silvery minnow and Southwestern willow 

11 flycatcher; 

12 (B) planning, permitting, and construction 

13 of a channel realignment project near the Rio 

14 Grande mile-83 for the purpose addressing 

15 channel aggradation while maintaining flood16 plain connectivity; 

17 (C) planning, permitting, and construction 

18 of a controlled outlet for the low flow convey19 ance channel to the Rio Grande between Fort 

20 Craig, New Mexico and Rio Grande mile-60 for 

21 the purpose of water use and delivery, enhance22 ment and development of habitat areas, and 

23 possible creation of a single-channel river eco24 system; 


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1 (D) planning, permitting, and modification 

2 or possible removal of the San Acacia Diversion 

3 Dam for purposes of reducing habitat frag4 mentation and securing fish passage, including 

5 channel restoration as necessary, while ensuring 

6 adequate water supplies for irrigators; and 

7 (E) development of a San Acacia reach 

8 study to identify additional projects and main9 tenance activities with water use and delivery 

10 and ecosystem benefits and prioritize implemen11 tation of all projects and activities. 

12 (2) PUBLIC PARTICIPATION.—In carrying out 

13 this subsection, the Secretary shall provide a process 

14 for public participation and comment during plan 

15 development and alternative analysis. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary to carry 

18 out this section $18,000,000. 

19 SEC. 5. MIDDLE RIO GRANDE PEAK FLOW RESTORATION. 

20 (a) IN GENERAL.—During the 5-year period begin21 ning on the date of enactment of this Act, the Secretary 

22 of the Army shall continue the temporary deviation in the 

23 operation of Cochiti Lake and Jemez Canyon Dam that 

24 was initiated in 2009 to evaluate the benefits of a potential 

25 permanent reauthorization of the reservoirs. 


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1 (b) GOALS.—The deviation mandated under sub2 section (a) shall provide for the detention and release of 

3 native Rio Grande water and San Juan-Chama Project 

4 water with the goals of— 

5 (1) restoring natural river processes to the Rio 

6 Grande, including a Spring peak flow to the Rio 

7 Grande; 

8 (2) increasing the spawning and recruitment of 

9 endangered Rio Grande silvery minnows; 

10 (3) creating overbanking flows that are nec11 essary— 

12 (A) to maintain a healthy bosque; and 

13 (B) to support habitat for the South14 western willow flycatcher and other wildlife; and 

15 (4) maintaining channel capacity. 

16 (c) MONITORING.—The Secretary of the Army, in co17 operation with the Secretary and other members of the 

18 Middle Rio Grande Endangered Species Collaborative Pro19 gram, shall— 

20 (1) monitor the environmental effects, benefits, 

21 and results of the deviation mandated under this 

22 section; and 

23 (2) compile any data necessary to evaluate the 

24 need for further amendment to the authorizations 


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1 and water control manuals for Cochiti Lake or 

2 Jemez Canyon Dam. 

3 (d) CONSULTATION REQUIRED.—Before imple4 menting the proposed deviation under this section, as re5 quired by the applicable water control manuals, the Sec6 retary of the Army shall first obtain approval from— 

7 (1) Pueblo de Cochiti regarding the effect of 

8 the deviation on the easement of Pueblo de Cochiti; 

9 (2) Pueblo of Santa Ana; and 

10 (3) the Rio Grande Compact Commission. 

11 (e) REPORTS.—The Secretary of the Army shall pre12 pare and submit to Congress— 

13 (1) for each year in which the deviation is being 

14 carried out under this section, annual reports that 

15 describe the data compiled under subsection (c)(2); 

16 and 

17 (2) at the end of the period described in sub18 section (a), a final, cumulative report that summa19 rizes the data obtained during that period. 

20 SEC. 6. NATIONAL ACADEMY OF SCIENCES STUDY. 

21 (a) IN GENERAL.—Not later than 60 days after the 

22 date of enactment of this Act, the Secretary of the Army 

23 and the Secretary shall enter into an arrangement with 

24 the National Academy of Sciences to carry out a study 

25 on water and reservoir management and operation issues 


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1 along the Rio Grande (including the Heron, El Vado, 

2 Abiquiu, Cochiti, Jemez Canyon, Elephant Butte, and 

3 Caballo Dams and Reservoirs), which shall include— 

4 (1) an evaluation of existing Rio Grande res5 ervoir authorizations and legal requirements; 

6 (2) a summary of— 

7 (A) the physical-hydrologic understanding 

8 of existing Rio Grande reservoir operations; and 

9 (B) any potential constraints on the Rio 

10 Grande reservoir in light of climate change pro11 jections; 

12 (3) an identification of opportunities to opti13 mize water management to benefit the Rio Grande 

14 ecosystem, irrigators and municipal users, and to 

15 promote water conservation through reauthorization 

16 of, reoperation of, or physical improvements to the 

17 reservoirs; 

18 (4) an evaluation of the physical-hydrologic fea19 sibility of the identified future reservoir management 

20 scenarios; 

21 (5) an identification of water use, supply, and 

22 accounting impacts to other stakeholders in the 

23 State; 

24 (6) consideration of operations such as— 


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1 (A) the storage of supplemental water ac2 quired by and under the control of the Bureau 

3 of Reclamation; 

4 (B) the carryover storage of San Juan5 Chama Project contract water and Pueblo Prior 

6 and Paramount operation water; 

7 (C) changes in timing of water released to 

8 offset municipal pumping; 

9 (D) changes in the timing of storage and 

10 release of floodwaters; 

11 (E) the reduction of evaporative losses 

12 from reservoirs; 

13 (F) conservation of water resulting from 

14 irrigation operation changes; 

15 (G) the impacts of deliveries of New Mex16 ico Rio Grande Compact water; 

17 (H) the impacts of management and oper18 ations on recreation and hydropower; 

19 (I) the impacts of management and oper20 ations on the Rio Grande ecosystem and the 

21 habitats that support species listed under the 

22 Endangered Species Act of 1973 (16 U.S.C. 

23 1531 et seq.); and 

24 (J) any other factors the Academy deter25 mines to be necessary for purposes of fully evalVerDate Mar 15 2010 00:00 Jun 17, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2470.IS S2470

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1 uating opportunities to achieve greater water 

2 conservation, drought resiliency, and ecological 

3 health; and 

4 (7) recommendations for future management 

5 scenarios and measures that Congress should take to 

6 assist the agencies in establishing more flexible oper7 ating procedures to improve the performance of res8 ervoir operations in accommodating multiple pur9 poses. 

10 (b) COSPONSORS.—The Secretary of the Army and 

11 the Secretary may solicit cosponsors for the study under 

12 subsection (a), as appropriate, including State or private 

13 organizations. 

14 (c) PUBLIC AVAILABILITY OF STUDY.—On the date 

15 on which the National Academy of Sciences completes the 

16 study under this section, the National Academy of 

17 Sciences shall make available to the public the results of 

18 the study. 

19 (d) REPORT.—Not later than 18 months after the 

20 date of enactment of this Act, the National Academy of 

21 Sciences shall submit to the Secretary of the Army and 

22 the Secretary a report that contains a summary of the 

23 results of the study conducted under this section. 

24 (e) DUE DEFERENCE.—The Secretary of the Army 

25 and the Secretary shall provide for due deference to the 


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1 study and report prepared under this section in water 

2 management activities undertaken by the Secretary of the 

3 Army and the Secretary in the Rio Grande. 

4 SEC. 7. EMERGENCY FUNDING. 

5 (a) FINANCIAL ASSISTANCE.— 

6 (1) IN GENERAL.—Financial assistance may be 

7 made available under the Reclamation States Emer8 gency Drought Relief Act of 1991 (43 U.S.C. 2201 

9 et seq.), title XII of the Food Security Act of 1985 

10 (16 U.S.C. 3801 et seq.), and any other applicable 

11 Federal law (including regulations), to be divided 

12 among each applicable program at the discretion of 

13 the Secretaries for eligible water projects to assist 

14 the State and other Western States address drought15 related impacts to water supplies or any other imme16 diate water-related crisis or conflict. 

17 (2) ADDITIONAL AVAILABILITY.—Financial as18 sistance may be made available under this section to 

19 organizations and entities, including tribal govern20 ments, that are engaged in collaborative processes to 

21 restore the environment or are part of a basin-wide 

22 solution for restoration. 

23 (b) TYPES OF ASSISTANCE.—Assistance under sub24 section (a) shall include a range of projects, including— 


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1 (1) the installation of pumps, temporary bar2 riers, or operable gates for water diversion and fish 

3 protection; 

4 (2) the installation of drought-relief ground5 water wells for Indian tribes and in wildlife refuges 

6 and other areas; 

7 (3) the acquisition or assistance in the acquisi8 tion of water from willing sellers to enhance stream 

9 flow for the benefit of fish and wildlife (including en10 dangered species), water quality, river ecosystem res11 toration, and other beneficial purposes; 

12 (4) agricultural and urban conservation and ef13 ficiency projects providing multiple water supply 

14 benefits; 

15 (5) exchanges with any water district willing to 

16 provide water to meet the emergency water needs of 

17 other water districts in return for the delivery of 

18 equivalent quantities of water later that year or in 

19 future years; 

20 (6) maintenance of cover crops to prevent pub21 lic health impacts from severe dust storms; 

22 (7) emergency pumping projects for critical 

23 health and safety purposes; 


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1 (8) activities to reduce water demand consistent 

2 with a comprehensive program for environmental 

3 restoration and settlement of water rights claims; 

4 (9) the use of new or innovative on-farm water 

5 conservation technologies or methods that may— 

6 (A) assist in sustaining permanent crops in 

7 areas with severe water shortages; and 

8 (B) make water available for other bene9 ficial uses; 

10 (10) activities that protect, restore, or enhance 

11 fish and wildlife habitat or otherwise improve envi12 ronmental conditions, including water quantity or 

13 quality concerns and improved fish passage; 

14 (11) activities reducing or preventing ground15 water depletion or promoting groundwater recharge; 

16 (12) technical assistance to improve existing ir17 rigation practices to provide water supply benefits; 

18 (13) the investigation of, and pilot projects for, 

19 brackish water development and aquifer storage and 

20 recovery; 

21 (14) the lining of irrigation ditches and canals 

22 to reduce water loss and improve efficiency; 

23 (15) assistance to municipal water management 

24 entities for water supply planning in preparation for 


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1 and in response to dry, critically dry, and below nor2 mal water years, including— 

3 (A) hydrological forecasting; 

4 (B) identification of alternative water sup5 ply sources; and 

6 (C) guidance on potential water transfer 

7 partners; and 

8 (16) any other assistance the Secretary deter9 mines to be necessary to increase available water 

10 supplies, maintain the health of river ecosystems, or 

11 mitigate drought impacts. 

12 SEC. 8. SECURE WATER ACT REAUTHORIZATION. 

13 Section 9504 of the Omnibus Public Land Manage14 ment Act of 2009 (42 U.S.C. 10364) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)(H)— 

17 (i) in clause (i), by striking ‘‘or’’ after 

18 the semicolon at the end; 

19 (ii) in clause (ii), by striking the pe20 riod at the end and inserting ‘‘; or’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(iii) to plan for or address the im24 pacts of drought.’’; and 


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1 (B) in paragraph (3)(E), by adding at the 

2 end the following: 

3 ‘‘(v) AUTHORITY OF COMMIS4 SIONER.—The Commissioner of Reclama5 tion may, at the discretion of the Commis6 sioner— 

7 ‘‘(I) waive any cost-share require8 ments to address emergency drought 

9 situations; 

10 ‘‘(II) prioritize projects based on 

11 the ability of the projects— 

12 ‘‘(aa) to expeditiously yield 

13 multiple water supply benefits 

14 during periods of drought; or 

15 ‘‘(bb) to prevent any other 

16 immediate water-related crisis or 

17 conflict; and 

18 ‘‘(III) give priority to projects 

19 demonstrating innovative conservation 

20 tools or methods that balance 

21 instream and out-of-stream water sup22 ply needs, including water conserva23 tion and water marketing.’’; and 

24 (2) in subsection (e), by striking 

25 ‘‘$200,000,000’’ and inserting ‘‘$300,000,000’’. 


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1 SEC. 9. RECLAMATION STATES EMERGENCY DROUGHT RE2 LIEF ACT REAUTHORIZATION. 

3 Section 301 of the Reclamation States Emergency 

4 Drought Relief Act of 1991 (43 U.S.C. 2241) is amend5 ed— 

6 (1) by striking ‘‘$90,000,000’’ and inserting 

7 ‘‘$190,000,000’’; and 

8 (2) by striking ‘‘2012’’ and inserting ‘‘2018’’. 

9 SEC. 10. RIO GRANDE PUEBLO IRRIGATION INFRASTRUC10 TURE REAUTHORIZATION. 

11 Section 9106 of the Omnibus Public Land Manage12 ment Act of 2009 (Public Law 111–11; 123 Stat. 1304) 

13 is amended— 

14 (1) in subsection (c)(4), by striking ‘‘2 years 

15 after the date of enactment of this Act’’ and insert16 ing ‘‘December 31, 2016’’; and 

17 (2) in subsection (g)(2)— 

18 (A) by striking ‘‘$6,000,000’’ and inserting 

19 ‘‘$12,000,000’’; and 

20 (B) by striking ‘‘2010 through 2019’’ and 

21 inserting ‘‘2015 through 2024’’. 

22 SEC. 11. REGIONAL CONSERVATION PARTNERSHIP PRO23 GRAM. 

24 The Secretary of Agriculture may allocate financial 

25 assistance made available under subtitle I of title XII of 

26 the Food Security Act of 1985 (16 U.S.C. 3871 et seq.) 


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1 to establish special conservation initiatives at the local, 

2 State, or regional level to assist producers in implementing 

3 eligible activities on agricultural land in the western States 

4 for the purposes of— 

5 (1) mitigating the effects of drought on agricul6 tural production and the environment; 

7 (2) improving water quality and quantity, in8 cluding reducing groundwater depletion; 

9 (3) restoring, enhancing, and preserving fish 

10 and wildlife habitat; and 

11 (4) promoting innovative and collaborative con12 servation tools and approaches. 

13 SEC. 12. CONSERVATION RESERVE PROGRAM. 

14 (a) CONSERVATION PRIORITY AREAS.—Section 

15 1231(f) of the Food Security Act of 1985 (16 U.S.C. 

16 3831(f)) is amended— 

17 (1) in paragraph (2), by striking ‘‘or’’ and all 

18 that follows through the period at the end and in19 serting ‘‘, water quantity, or habitat impacts related 

20 to agricultural production activities.’’; 

21 (2) in paragraph (3), by striking ‘‘or’’ and all 

22 that follows through the period at the end and in23 serting ‘‘, water quantity, or habitat impacts related 

24 to agricultural production activities.’’; and 


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1 (3) in paragraph (4), by striking ‘‘water quality 

2 and habitat benefits’’ and inserting ‘‘water quality, 

3 water quantity, and habitat benefits’’. 

4 (b) SPECIAL CONSERVATION RESERVE ENHANCE5 MENT PROGRAM.—Section 1234(g)(2)(B) of the Food Se6 curity Act of 1985 (16 U.S.C. 3834(g)(2)(B)) is amended 

7 by inserting ‘‘, including improving water conservation and 

8 drought mitigation’’ before the period at the end. 

9 SEC. 13. EFFECT ON STATE LAW. 

10 (a) IN GENERAL.—An action taken by any of the 

11 Secretaries or other entity under this Act or an amend12 ment made by this Act shall comply with applicable State 

13 laws in effect on the date of enactment of this Act, includ14 ing a law described in subsection (b). 

15 (b) STATE LAW.—Nothing in this Act or an amend16 ment made by this Act affects, is intended to affect, or 

17 interferes with a law of the State relating to the control, 

18 appropriation, use, or distribution of water, or any vested 

19 right acquired under the law. 

Æ 


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