II 

Calendar No. 684

108TH CONGRESS 

2D SESSION S. 2511

[Report No. 108–328] 

To direct the Secretary of the Interior to conduct a feasibility study of 

a Chimayo water supply system, to provide for the planning, design, 

and construction of a water supply, reclamation, and filtration facility 

for Espanola, New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2004

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill; 

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

AUGUST 25, 2004

Reported under authority of the order of the Senate of July 22, 2004, by Mr. 

DOMENICI, with an amendment 

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

A BILL

To direct the Secretary of the Interior to conduct a feasibility 

study of a Chimayo water supply system, to provide 

for the planning, design, and construction of a water 

supply, reclamation, and filtration facility for Espanola, 

New Mexico, and for other purposes.
2

•S 2511 RS 

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 ‘‘Chimayo Water Supply 

5 System and Espanola Filtration Facility Act of 2004’’. 

6 TITLE I—CHIMAYO WATER 

7 SUPPLY SYSTEM 

8 SEC. 101. DEFINITIONS. 

9 In this title: 

10 (1) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior, acting through the 

12 Commissioner of Reclamation. 

13 (2) STUDY AREA.—The term ‘‘study area’’ 

14 means the Santa Cruz River Valley in the eastern 

15 margin of the Espanola Basin. 

16 (3) SYSTEM.—The term ‘‘system’’ means a 

17 water supply system described in section 102(a). 

18 (4) TOWN.—The term ‘‘Town’’ means the town 

19 of Chimayo, New Mexico, located in Rio Arriba 

20 County and Santa Fe County, New Mexico. 

21 SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY 

22 STUDY. 

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

24 with appropriate State and local authorities, shall conduct 

25 a study to determine the feasibility of constructing a water 
3

•S 2511 RS 

1 supply system for the Town in the study area that includes 

2 potable water transmission lines, pump stations, and stor3 age reservoirs. 

4 (b) SCOPE OF STUDY.—In conducting the study 

5 under subsection (a), the Secretary shall— 

6 (1) consider operating the system in connection 

7 with the Espanola Water Filtration Facility; 

8 (2) consider various options for supplying water 

9 to the Town, including connection to a regional 

10 water source, local sources, sources distributed 

11 throughout the Town, and sources located on adja12 cent Bureau of Land Management land; 

13 (3) consider reusing or recycling water from 

14 local or regional sources; 

15 (4) consider using alternative water supplies 

16 such as surface water, brackish water, nonpotable 

17 water, or deep aquifer groundwater; and 

18 (5) determine the total lifecycle costs of the sys19 tem, including— 

20 (A) long-term operation, maintenance, re21 placement, and treatment costs of the system; 

22 and 

23 (B) management costs (including personnel 

24 costs). 
4

•S 2511 RS 

1 (c) DEADLINE FOR STUDY.—As soon as practicable 

2 after the date of enactment of this Act, but not later than 

3 3 years after the date of the enactment of this Act, the 

4 Secretary shall complete the study. 

5 (d) COST SHARING.—The Federal share of the cost 

6 of the study shall be 75 percent. 

7 (e) EASEMENTS; DRILLING.— 

8 (1) EASEMENTS.—The Secretary may reserve 

9 any easements on Bureau of Land Management land 

10 adjacent to the study area that are necessary to 

11 carry out this section. 

12 (2) DRILLING.—The Secretary, in cooperation 

13 with the Director of the United States Geological 

14 Survey, may drill any exploratory wells on Bureau of 

15 Land Management land adjacent to the study area 

16 that are necessary to determine water resources 

17 available for the Town. 

18 (f) REPORT.—The Secretary shall submit to Con19 gress a report on the results of the feasibility study as 

20 soon as practicable after the date of enactment of this Act, 

21 but not later than the earlier of— 

22 (1) the date that is 1 year after the date of 

23 completion of the feasibility study; or 

24 (2) the date that is 4 years after the date of en25 actment of this Act. 
5

•S 2511 RS 

1 SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT AS2 SISTANCE. 

3 (a) IN GENERAL.—The Secretary may enter into con4 tracts with water authorities in the study area to provide 

5 emergency water supply development assistance to any eli6 gible person or entity, as the Secretary determines to be 

7 appropriate. 

8 (b) ELIGIBLE ACTIVITIES.—The Secretary may pro9 vide assistance under subsection (a) for— 

10 (1) hauling water; 

11 (2) the installation of water purification tech12 nology at the community wells or individual point-of13 use; 

14 (3) the drilling of wells; 

15 (4) the installation of pump stations and stor16 age reservoirs; 

17 (5) the installation of transmission and dis18 tribution pipelines to bring water to individual resi19 dential service connections; 

20 (6) the engineering, design, and installation of 

21 an emergency water supply system; and 

22 (7) any other eligible activity, as the Secretary 

23 determines to be appropriate. 

24 (c) COST SHARING.—The Federal share of the cost 

25 of any activity assisted under this section shall be 75 per26 cent. 
6

•S 2511 RS 

1 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated— 

4 (1) to carry out section 102, $2,000,000 for the 

5 period of fiscal years 2005 through 2008; and 

6 (2) to carry out section 103, $3,000,000 for the 

7 period of fiscal years 2005 through 2010. 

8 (b) LIMITATION.—Amounts made available under 

9 subsection (a)(1) shall not be available for the construc10 tion of water infrastructure for the system. 

11 TITLE II—ESPANOLA WATER 

12 FILTRATION FACILITY 

13 SEC. 201. DEFINITIONS. 

14 In this title: 

15 (1) COMPONENT.—The term ‘‘component’’ 

16 means a water delivery resource or infrastructure 

17 development described in section 202(b). 

18 (2) FACILITY.—The term ‘‘facility’’ means the 

19 Espanola water filtration facility described in section 

20 202(a). 

21 (3) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior, acting through the 

23 Commissioner of Reclamation. 

24 SEC. 202. ESPANOLA WATER FILTRATION FACILITY. 

25 (a) IN GENERAL.—The Secretary shall provide finan26 cial assistance to the city of Espanola, New Mexico, for 
7

•S 2511 RS 

1 the construction of an Espanola water filtration facility 

2 consisting of projects— 

3 (1) to divert and fully use imported water to 

4 meet future demands in the greater Espanola, New 

5 Mexico region, including construction of— 

6 (A) presedimentation basins for removal of 

7 sediments; 

8 (B) an influent pump station to supply 

9 water into treatment facilities; 

10 (C) a pretreatment facility; 

11 (D) filtration facilities; 

12 (E) finished water storage facilities; 

13 (F) a finished water booster pump station; 

14 (G) sludge dewatering facilities; and 

15 (H) potable water transmission lines to 

16 connect into the water distribution facilities of 

17 the city of Espanola, New Mexico; and 

18 (2) to use reclaimed water to enhance ground19 water resources and surface water supplies. 

20 (b) PARTICIPATION.—The Secretary may provide fi21 nancial assistance to the Santa Clara and San Juan Pueb22 los of New Mexico and the non-Federal sponsors of the 

23 facility for the study, planning, design, and construction 

24 of a water delivery resource and infrastructure develop-
8

•S 2511 RS 

1 ment for the Santa Clara and San Juan Pueblos as a com2 ponent of the facility.

3 (c) COST SHARING.—The Federal share of the total 

4 cost of the facility and the component shall not exceed 25 

5 percent. 

6 (d) LIMITATION ON USE OF FUNDS.—Funds pro7 vided by the Secretary may not be used for the operation 

8 or maintenance of the facility or the component. 

9 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated for the con11 struction of the facility $3,000,000 for the period of fiscal 

12 years 2005 through 2009.

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Chimayo Water Supply 

15 System and Espanola Filtration Facility Act of 2004’’. 

16 TITLE I—CHIMAYO WATER 

17 SUPPLY SYSTEM 

18 SEC. 101. DEFINITIONS. 

19 In this title: 

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

21 the Secretary of the Interior. 

22 (2) STUDY AREA.—The term ‘‘study area’’ means 

23 the Santa Cruz River Valley in the eastern margin of 

24 the Espanola Basin. 
9

•S 2511 RS 

1 (3) SYSTEM.—The term ‘‘system’’ means a water 

2 supply system described in section 102(a). 

3 (4) TOWN.—The term ‘‘Town’’ means the town of 

4 Chimayo, New Mexico, located in Rio Arriba County 

5 and Santa Fe County, New Mexico. 

6 SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY 

7 STUDY. 

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

9 appropriate State and local authorities, shall conduct a 

10 study to determine the feasibility of constructing a water 

11 supply system for the Town in the study area that includes 

12 potable water transmission lines, pump stations, and stor13 age reservoirs. 

14 (b) SCOPE OF STUDY.—In conducting the study under 

15 subsection (a), the Secretary shall— 

16 (1) consider operating the system in connection 

17 with the Espanola Water Filtration Facility; 

18 (2) consider various options for supplying water 

19 to the Town, including connection to a regional water 

20 source, local sources, sources distributed throughout 

21 the Town, and sources located on adjacent Bureau of 

22 Land Management land; 

23 (3) consider reusing or recycling water from 

24 local or regional sources; 
10

•S 2511 RS 

1 (4) consider using alternative water supplies 

2 such as surface water, brackish water, nonpotable 

3 water, or deep aquifer groundwater; and 

4 (5) determine the total lifecycle costs of the sys5 tem, including— 

6 (A) long-term operation, maintenance, re7 placement, and treatment costs of the system; 

8 and 

9 (B) management costs (including personnel 

10 costs). 

11 (c) DEADLINE FOR STUDY.—As soon as practicable, 

12 but not later than 3 years after the date of enactment of 

13 this Act, the Secretary shall complete the study. 

14 (d) COST SHARING.—The Federal share of the cost of 

15 the study shall be 75 percent. 

16 (e) COORDINATION.—The Secretary shall coordinate 

17 activities of the Bureau of Reclamation, the Bureau of Land 

18 Management, and the United States Geological Survey in 

19 the furtherance of the study, including— 

20 (1) accessing any Bureau of Land Management 

21 land adjacent to the study area that is necessary to 

22 carry out this section; and 

23 (2) the drilling of any exploratory wells on Bu24 reau of Land Management land adjacent to the study 
11

•S 2511 RS 

1 area that are necessary to determine water resources 

2 available for the Town. 

3 (f) REPORT.—The Secretary shall submit to Congress 

4 a report on the results of the feasibility study not later than 

5 the earlier of— 

6 (1) the date that is 1 year after the date of com7 pletion of the feasibility study; or 

8 (2) the date that is 4 years after the date of en9 actment of this Act. 

10 SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT AS11 SISTANCE. 

12 (a) IN GENERAL.—The Secretary may enter into con13 tracts with water authorities in the study area to provide 

14 emergency water supply development assistance to any eli15 gible person or entity, as the Secretary determines to be ap16 propriate. 

17 (b) ELIGIBLE ACTIVITIES.—The Secretary may pro18 vide assistance under subsection (a) for— 

19 (1) hauling water; 

20 (2) the installation of water purification tech21 nology at the community wells or individual point22 of-use; 

23 (3) the drilling of wells; 

24 (4) the installation of pump stations and storage 

25 reservoirs; 
12

•S 2511 RS 

1 (5) the installation of transmission and distribu2 tion pipelines to bring water to individual residential 

3 service connections; 

4 (6) the engineering, design, and installation of 

5 an emergency water supply system; and 

6 (7) any other eligible activity, as the Secretary 

7 determines to be appropriate. 

8 (c) COST SHARING.—The Federal share of the cost of 

9 any activity under this section shall be 75 percent. 

10 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There is authorized to be appro12 priated— 

13 (1) to carry out section 102, $2,000,000 for the 

14 period of fiscal years 2005 through 2008; and 

15 (2) to carry out section 103, $3,000,000 for the 

16 period of fiscal years 2005 through 2010. 

17 (b) LIMITATION.—Amounts made available under sub18 section (a)(1) shall not be available for the construction of 

19 water infrastructure for the system. 

20 TITLE II—ESPANOLA WATER 

21 FILTRATION FACILITY 

22 SEC. 201. DEFINITIONS. 

23 In this title: 
13

•S 2511 RS 

1 (1) COMPONENT.—The term ‘‘component’’ means 

2 a water delivery infrastructure development described 

3 in section 202(b). 

4 (2) FACILITY.—The term ‘‘facility’’ means the 

5 Espanola water filtration facility described in section 

6 202(a). 

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

8 the Secretary of the Interior, acting through the Com9 missioner of Reclamation. 

10 SEC. 202. ESPANOLA WATER FILTRATION FACILITY. 

11 (a) IN GENERAL.—The Secretary shall provide finan12 cial assistance to the city of Espanola, New Mexico, for the 

13 construction of an Espanola water filtration facility con14 sisting of projects— 

15 (1) to divert and fully use imported water to 

16 meet future demands in the greater Espanola, New 

17 Mexico region, including construction of— 

18 (A) presedimentation basins for removal of 

19 sediments; 

20 (B) an influent pump station to supply 

21 water into treatment facilities; 

22 (C) a pretreatment facility; 

23 (D) filtration facilities; 

24 (E) finished water storage facilities; 

25 (F) a finished water booster pump station; 
14

•S 2511 RS 

1 (G) sludge dewatering facilities; and 

2 (H) potable water transmission lines to con3 nect into the water distribution facilities of the 

4 city of Espanola, New Mexico; and 

5 (2) to use reclaimed water to enhance ground6 water resources and surface water supplies. 

7 (b) PARTICIPATION.—The Secretary may provide fi8 nancial assistance to the Santa Clara and San Juan Pueb9 los of New Mexico and the non-Federal sponsors of the facil10 ity for the study, planning, design, and construction of a 

11 water delivery infrastructure development for the Santa 

12 Clara and San Juan Pueblos as a component of the facility. 

13 (c) COST SHARING.—The Federal share of the total 

14 cost of the facility and the component shall not exceed 25 

15 percent. 

16 (d) LIMITATION ON USE OF FUNDS.—Funds provided 

17 by the Secretary may not be used for the operation or main18 tenance of the facility or the component. 

19 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated for the con21 struction of the facility $3,000,000 for the period of fiscal 

22 years 2005 through 2009.

Calendar No. 684

108TH CONGRESS 

2D SESSION S. 2511

[Report No. 108–328] 

A BILL

To direct the Secretary of the Interior to conduct 

for other purposes. filtration facility for Espanola, New Mexico, and construction of a water supply, reclamation, and system, to provide for the planning, design, and a feasibility study of a Chimayo water supply 

AUGUST 25, 2004

Reported with an amendment