II 

Calendar No. 616

108TH CONGRESS 

2D SESSION S. 1957

[Report No. 108–297] 

To authorize the Secretary of the Interior to cooperate with the States 

on the border with Mexico and other appropriate entities in conducting 

a hydrogeologic characterization, mapping, and modeling program for 

priority transboundary aquifers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 25, 2003

Mr. BINGAMAN (for himself, Mr. DOMENICI, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

JULY 7, 2004

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To authorize the Secretary of the Interior to cooperate with 

the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority 

transboundary aquifers, 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,
2

•S 1957 RS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘United States-Mexico 

3 Transboundary Aquifer Assessment Act’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress finds that—

6 (1) rapid population growth in the United 

7 States-Mexico border region over the last decade has 

8 placed major strains on limited water supplies in the 

9 region; 

10 (2) water quantity and quality issues are likely 

11 to be the determining and limiting factors affecting 

12 future economic development, population growth, 

13 and human health in the border region; 

14 (3) increasing use of groundwater resources in 

15 the border region by municipal and other water 

16 users has raised serious questions concerning the 

17 long-term availability of the water supply; 

18 (4) cooperation between the United States and 

19 Mexico in assessing and understanding 

20 transboundary aquifers is necessary for the success21 ful management of shared groundwater resources by 

22 State and local authorities in the United States and 

23 appropriate authorities in Mexico, including manage24 ment that avoids conflict between the United States 

25 and Mexico; 
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•S 1957 RS 

1 (5) while there have been some studies of bina2 tional groundwater resources along the United 

3 States-Mexico border, additional data and analyses 

4 are needed to develop an accurate understanding of 

5 the long-term availability of useable water supplies 

6 from transboundary aquifers; and 

7 (6) the Border States—

8 (A) are primarily responsible for the man9 agement and allocation of groundwater re10 sources within the respective boundaries of the 

11 Border States; and 

12 (B) should have a cooperative role in the 

13 analysis and characterization of transboundary 

14 aquifers. 

15 (b) PURPOSE.—The purpose of this Act is to direct 

16 the Secretary of the Interior to establish a United States17 Mexico transboundary aquifer assessment program to—

18 (1) systematically assess priority transboundary 

19 aquifers; and 

20 (2) provide the scientific foundation necessary 

21 for State and local officials to address pressing 

22 water resource challenges in the United States-Mex23 ico border region. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 
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•S 1957 RS 

1 (1) AQUIFER.—The term ‘‘aquifer’’ means a 

2 subsurface water-bearing geologic formation from 

3 which significant quantities of water may be ex4 tracted. 

5 (2) BORDER STATE.—The term ‘‘Border State’’ 

6 means each of the States of Arizona, California, 

7 New Mexico, and Texas. 

8 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

9 means an Indian tribe, band, nation, or other orga10 nized group or community—

11 (A) that is recognized as eligible for the 

12 special programs and services provided by the 

13 United States to Indians because of their status 

14 as Indians; and 

15 (B) the reservation of which includes a 

16 transboundary aquifer within the exterior 

17 boundaries of the reservation. 

18 (4) PRIORITY TRANSBOUNDARY AQUIFER.—The 

19 term ‘‘priority transboundary aquifer’’ means a 

20 transboundary aquifer that has been designated for 

21 study and analysis under the program. 

22 (5) PROGRAM.—The term ‘‘program’’ means 

23 the United States-Mexico transboundary aquifer as24 sessment program established under section 4(a). 
5

•S 1957 RS 

1 (6) RESERVATION.—The term ‘‘reservation’’ 

2 means land that has been set aside or that has been 

3 acknowledged as having been set aside by the United 

4 States for the use of an Indian tribe, the exterior 

5 boundaries of which are more particularly defined in 

6 a final tribal treaty, agreement, executive order, 

7 Federal statute, secretarial order, or judicial deter8 mination. 

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

10 the Secretary of the Interior, acting through the Di11 rector of the United States Geological Survey. 

12 (8) TRANSBOUNDARY AQUIFER.—The term 

13 ‘‘transboundary aquifer’’ means an aquifer that 

14 underlies the boundary between the United States 

15 and Mexico. 

16 (9) TRI-REGIONAL PLANNING GROUP.—The 

17 term ‘‘Tri-Regional Planning Group’’ means the bi18 national planning group comprised of—

19 (A) the Junta Municipal de Aqua y 

20 Saneamiento de Ciudad Juarez; 

21 (B) the El Paso Water Utilities Public 

22 Service Board; and 

23 (C) the Lower Rio Grande Water Users 

24 Organization. 
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•S 1957 RS 

1 (10) WATER RESOURCES RESEARCH INSTI2 TUTES.—The term ‘‘water resources research insti3 tutes’’ means the institutes within the Border States 

4 established under section 104 of the Water Re5 sources Research Act of 1984 (42 U.S.C. 10303). 

6 SEC. 4. ESTABLISHMENT OF PROGRAM. 

7 (a) IN GENERAL.—The Secretary, in consultation 

8 and cooperation with the Border States, the Water Re9 sources Research Institutes, Sandia National Labora10 tories, and other appropriate entities in the United States 

11 and Mexico, shall carry out the United States-Mexico 

12 transboundary aquifer assessment program to charac13 terize, map, and model transboundary groundwater re14 sources along the United States-Mexico border at a level 

15 of detail determined to be appropriate for the particular 

16 aquifer. 

17 (b) OBJECTIVES.—The objectives of the program are 

18 to—

19 (1) develop and implement an integrated sci20 entific approach to assess transboundary ground21 water resources, including—

22 (A)(i) identifying fresh and saline 

23 transboundary aquifers; and 

24 (ii) prioritizing the transboundary aquifers 

25 for further analysis by assessing—
7

•S 1957 RS 

1 (I) the proximity of the transboundary 

2 aquifer to areas of high population density; 

3 (II) the extent to which the 

4 transboundary aquifer is used; and 

5 (III) the susceptibility of the 

6 transboundary aquifer to contamination; 

7 (B) evaluating all available data and publi8 cations as part of the development of study 

9 plans for each priority transboundary aquifer; 

10 (C) creating a geographic information sys11 tem database to characterize the spatial and 

12 temporal aspects of each priority transboundary 

13 aquifer; and 

14 (D) using field studies, including support 

15 for and expansion of ongoing monitoring and 

16 metering efforts, to develop any additional data 

17 that are needed to define aquifer characteristics 

18 to the extent necessary to enable the develop19 ment of groundwater flow models to assess sus20 tainable water yields for each priority 

21 transboundary aquifer; 

22 (2) expand existing agreements, as appropriate, 

23 between the United States Geological Survey, the 

24 Border States, the Water Resources Research Insti-
8

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1 tutes, and appropriate authorities in the United 

2 States and Mexico, to—

3 (A) conduct joint scientific investigations; 

4 (B) archive and share relevant data; and 

5 (C) carry out any other activities con6 sistent with the program; and 

7 (3) produce scientific products for each priority 

8 transboundary aquifer to provide the scientific infor9 mation needed by water managers and natural re10 source agencies on both sides of the United States11 Mexico border to effectively accomplish the missions 

12 of the managers and agencies. 

13 (c) DESIGNATION OF CERTAIN AQUIFERS.—For pur14 poses of the program, the Secretary shall designate the 

15 Hueco Bolson and Mesilla aquifers underlying parts of 

16 Texas, New Mexico, and Mexico as priority transboundary 

17 aquifers. 

18 (d) COOPERATION WITH MEXICO.—To ensure a com19 prehensive assessment of transboundary aquifers, the Sec20 retary shall, to the maximum extent practicable, work with 

21 appropriate Federal agencies and other organizations to 

22 develop partnerships with, and receive input from, relevant 

23 organizations in Mexico to carry out the program. 

24 (e) GRANTS AND COOPERATIVE AGREEMENTS.—The 

25 Secretary may provide grants or enter into cooperative 
9

•S 1957 RS 

1 agreements and other agreements with the Water Re2 source Research Institutes and other Border State entities 

3 to carry out the program. 

4 SEC. 5. STATE AND TRIBAL ROLE. 

5 (a) COORDINATION.—The Secretary shall coordinate 

6 the activities carried out under the program with—

7 (1) the appropriate water resource agencies in 

8 the Border States; and 

9 (2) any affected Indian tribes. 

10 (b) NEW ACTIVITY.—After the date of enactment of 

11 this Act, the Secretary shall not initiate any field studies 

12 to develop data or develop any groundwater flow models 

13 for a priority transboundary aquifer under the program 

14 before consulting with, and coordinating the activity with, 

15 the Border State water resource agency that has jurisdic16 tion over the aquifer. 

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There are authorized to be appro19 priated to carry out this Act $50,000,000 for the period 

20 of fiscal years 2005 through 2014. 

21 (b) DISTRIBUTION OF FUNDS.—Of the amounts 

22 made available under subsection (a), 50 percent shall be 

23 made available to the Water Resource Research Institutes 

24 to provide funding to appropriate entities in the Border 

25 States (including Sandia National Laboratories, State 
10

•S 1957 RS 

1 agencies, universities, the Tri-Regional Planning Group, 

2 and other relevant organizations) and Mexico to conduct 

3 activities under the program, including the binational col4 lection and exchange of scientific data. 

5 SEC. 7. REPORTS. 

6 Not later than 5 years after the date of enactment 

7 of this Act, and on completion of the program in fiscal 

8 year 2014, the Secretary shall submit to the appropriate 

9 water resource agency in the Border States, an interim 

10 and final report, respectively, that describes—

11 (1) any activities carried out under the pro12 gram; 

13 (2) any conclusions of the Secretary relating to 

14 the status of transboundary aquifers; and 

15 (3) the level of participation in the program of 

16 entities in Mexico.

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘United States-Mexico 

19 Transboundary Aquifer Assessment Act’’. 

20 SEC. 2. PURPOSE. 

21 The purpose of this Act is to direct the Secretary of 

22 the Interior to establish a United States-Mexico 

23 transboundary aquifer assessment program to—

24 (1) systematically assess priority transboundary 

25 aquifers; and
11

•S 1957 RS 

1 (2) provide the scientific foundation necessary 

2 for State and local officials to address pressing water 

3 resource challenges in the United States-Mexico border 

4 region. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) AQUIFER.—The term ‘‘aquifer’’ means a sub8 surface water-bearing geologic formation from which 

9 significant quantities of water may be extracted. 

10 (2) BORDER STATE.—The term ‘‘Border State’’ 

11 means each of the States of Arizona, California, New 

12 Mexico, and Texas. 

13 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

14 means an Indian tribe, band, nation, or other orga15 nized group or community—

16 (A) that is recognized as eligible for the spe17 cial programs and services provided by the 

18 United States to Indians because of their status 

19 as Indians; and 

20 (B) the reservation of which includes a 

21 transboundary aquifer within the exterior bound22 aries of the reservation. 

23 (4) PRIORITY TRANSBOUNDARY AQUIFER.—The 

24 term ‘‘priority transboundary aquifer’’ means a 
12

•S 1957 RS 

1 transboundary aquifer that has been designated for 

2 study and analysis under the program. 

3 (5) PROGRAM.—The term ‘‘program’’ means the 

4 United States-Mexico transboundary aquifer assess5 ment program established under section 4(a). 

6 (6) RESERVATION.—The term ‘‘reservation’’ 

7 means land that has been set aside or that has been 

8 acknowledged as having been set aside by the United 

9 States for the use of an Indian tribe, the exterior 

10 boundaries of which are more particularly defined in 

11 a final tribal treaty, agreement, executive order, Fed12 eral statute, secretarial order, or judicial determina13 tion. 

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

15 the Secretary of the Interior, acting through the Di16 rector of the United States Geological Survey. 

17 (8) TRANSBOUNDARY AQUIFER.—The term 

18 ‘‘transboundary aquifer’’ means an aquifer that 

19 underlies the boundary between the United States and 

20 Mexico. 

21 (9) TRI-REGIONAL PLANNING GROUP.—The term 

22 ‘‘Tri-Regional Planning Group’’ means the binational 

23 planning group comprised of—

24 (A) the Junta Municipal de Aqua y 

25 Saneamiento de Ciudad Juarez; 
13

•S 1957 RS 

1 (B) the El Paso Water Utilities Public 

2 Service Board; and 

3 (C) the Lower Rio Grande Water Users Or4 ganization. 

5 (10) WATER RESOURCES RESEARCH INSTI6 TUTES.—The term ‘‘water resources research insti7 tutes’’ means the institutes within the Border States 

8 established under section 104 of the Water Resources 

9 Research Act of 1984 (42 U.S.C. 10303). 

10 SEC. 4. ESTABLISHMENT OF PROGRAM. 

11 (a) IN GENERAL.—The Secretary, in consultation and 

12 cooperation with the Border States, the water resources re13 search institutes, Sandia National Laboratories, and other 

14 appropriate entities in the United States and Mexico, shall 

15 carry out the United States-Mexico transboundary aquifer 

16 assessment program to characterize, map, and model 

17 transboundary groundwater resources along the United 

18 States-Mexico border at a level of detail determined to be 

19 appropriate for the particular aquifer. 

20 (b) OBJECTIVES.—The objectives of the program are 

21 to—

22 (1) develop and implement an integrated sci23 entific approach to assess transboundary groundwater 

24 resources, including—
14

•S 1957 RS 

1 (A)(i) identifying fresh and saline 

2 transboundary aquifers; and 

3 (ii) prioritizing the transboundary aquifers 

4 for further analysis by assessing—

5 (I) the proximity of the transboundary 

6 aquifer to areas of high population density; 

7 (II) the extent to which the 

8 transboundary aquifer is used; 

9 (III) the susceptibility of the 

10 transboundary aquifer to contamination; 

11 and 

12 (IV) any other relevant criteria; 

13 (B) evaluating all available data and publi14 cations as part of the development of study plans 

15 for each priority transboundary aquifer; 

16 (C) creating a new, or enhancing an exist17 ing, geographic information system database to 

18 characterize the spatial and temporal aspects of 

19 each priority transboundary aquifer; and 

20 (D) using field studies, including support 

21 for and expansion of ongoing monitoring and 

22 metering efforts, to develop—

23 (i) the additional data necessary to 

24 adequately define aquifer characteristics; 

25 and
15

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1 (ii) scientifically sound groundwater 

2 flow models to assist with State and local 

3 water management and administration, in4 cluding modeling of relevant groundwater 

5 and surface water interactions; 

6 (2) expand existing agreements, as appropriate, 

7 between the United States Geological Survey, the Bor8 der States, the water resources research institutes, and 

9 appropriate authorities in the United States and 

10 Mexico, to—

11 (A) conduct joint scientific investigations; 

12 (B) archive and share relevant data; and 

13 (C) carry out any other activities consistent 

14 with the program; and 

15 (3) produce scientific products for each priority 

16 transboundary aquifer that—

17 (A) are capable of being broadly distributed; 

18 and 

19 (B) provide the scientific information need20 ed by water managers and natural resource 

21 agencies on both sides of the United States-Mex22 ico border to effectively accomplish the missions 

23 of the managers and agencies. 

24 (c) DESIGNATION OF PRIORITY TRANSBOUNDARY

25 AQUIFERS.—
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1 (1) IN GENERAL.—For purposes of the program, 

2 the Secretary shall designate as priority 

3 transboundary aquifers—

4 (A) the Hueco Bolson and Mesilla aquifers 

5 underlying parts of Texas, New Mexico, and 

6 Mexico; and 

7 (B) the Santa Cruz River Valley aquifers 

8 underlying Arizona and Sonora, Mexico. 

9 (2) ADDITIONAL AQUIFERS.—The Secretary 

10 shall, using the criteria under subsection (b)(1)(A)(ii), 

11 evaluate and designate additional priority 

12 transboundary aquifers. 

13 (d) COOPERATION WITH MEXICO.—To ensure a com14 prehensive assessment of transboundary aquifers, the Sec15 retary shall, to the maximum extent practicable, work with 

16 appropriate Federal agencies and other organizations to de17 velop partnerships with, and receive input from, relevant 

18 organizations in Mexico to carry out the program. 

19 (e) GRANTS AND COOPERATIVE AGREEMENTS.—The 

20 Secretary may provide grants or enter into cooperative 

21 agreements and other agreements with the water resources 

22 research institutes and other Border State entities to carry 

23 out the program. 
17

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1 SEC. 5. IMPLEMENTATION OF PROGRAM. 

2 (a) COORDINATION WITH STATES, TRIBES, AND

3 OTHER ENTITIES.—The Secretary shall coordinate the ac4 tivities carried out under the program with—

5 (1) the appropriate water resource agencies in 

6 the Border States; 

7 (2) any affected Indian tribes; and 

8 (3) any other appropriate entities that are con9 ducting monitoring and metering activity with re10 spect to a priority transboundary aquifer. 

11 (b) NEW ACTIVITY.—After the date of enactment of this 

12 Act, the Secretary shall not initiate any new field studies 

13 or analyses under the program before consulting with, and 

14 coordinating the activity with, any Border State water re15 source agencies that have jurisdiction over the aquifer. 

16 (c) STUDY PLANS; COST ESTIMATES.—

17 (1) IN GENERAL.—The Secretary shall work 

18 closely with appropriate Border State water resource 

19 agencies, water resources research institutes, and 

20 other relevant entities to develop a study plan, 

21 timeline, and cost estimate for each priority 

22 transboundary aquifer to be studied under the pro23 gram. 

24 (2) REQUIREMENTS.—A study plan developed 

25 under paragraph (1) shall, to the maximum extent 

26 practicable—
18

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1 (A) integrate existing data collection and 

2 analyses conducted with respect to the priority 

3 transboundary aquifer; 

4 (B) if applicable, improve and strengthen 

5 existing groundwater flow models developed for 

6 the priority transboundary aquifer; and 

7 (C) be consistent with appropriate State 

8 guidelines and goals. 

9 SEC. 6. EFFECT. 

10 Nothing in this Act affects—

11 (1) the jurisdiction or responsibility of a Border 

12 State with respect to managing surface or ground13 water resources in the Border State; or 

14 (2) the water rights of any person or entity 

15 using water from a transboundary aquifer. 

16 SEC. 7. REPORTS. 

17 Not later than 5 years after the date of enactment of 

18 this Act, and on completion of the program in fiscal year 

19 2014, the Secretary shall submit to the appropriate water 

20 resource agency in the Border States, an interim and final 

21 report, respectively, that describes—

22 (1) any activities carried out under the program; 

23 (2) any conclusions of the Secretary relating to 

24 the status of transboundary aquifers; and 
19

•S 1957 RS 

1 (3) the level of participation in the program of 

2 entities in Mexico. 

3 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated to carry out this Act $50,000,000 for the period of 

6 fiscal years 2005 through 2014. 

7 (b) DISTRIBUTION OF FUNDS.—Of the amounts made 

8 available under subsection (a), 50 percent shall be made 

9 available to the water resources research institutes to pro10 vide funding to appropriate entities in the Border States 

11 (including Sandia National Laboratories, State agencies, 

12 universities, the Tri-Regional Planning Group, and other 

13 relevant organizations) and Mexico to conduct activities 

14 under the program, including the binational collection and 

15 exchange of scientific data.
Calendar No. 616

108TH CONGRESS 

2D SESSION S. 1957

[Report No. 108–297] 

A BILL

To authorize the Secretary of the Interior to coaquifers, and for other purposes. modeling program for priority transboundary a hydrogeologic characterization, mapping, and ico and other appropriate entities in conducting operate with the States on the border with MexJULY 7, 2004

Reported with an amendment