108TH CONGRESS

2D SESSION S. 2511

AN ACT

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.

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’’.
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1 TITLE I—CHIMAYO WATER

2 SUPPLY SYSTEM

3 SEC. 101. DEFINITIONS.

4 In this title:

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

6 the Secretary of the Interior.

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

8 means the Santa Cruz River Valley in the eastern

9 margin of the Espanola Basin.

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

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

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

13 of Chimayo, New Mexico, located in Rio Arriba

14 County and Santa Fe County, New Mexico.

15 SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY

16 STUDY.

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

18 with appropriate State and local authorities, shall conduct

19 a study to determine the feasibility of constructing a water

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

21 potable water transmission lines, pump stations, and stor22 age reservoirs.

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

24 under subsection (a), the Secretary shall—
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1 (1) consider operating the system in connection

2 with the Espanola Water Filtration Facility;

3 (2) consider various options for supplying water

4 to the Town, including connection to a regional

5 water source, local sources, sources distributed

6 throughout the Town, and sources located on adja7 cent Bureau of Land Management land;

8 (3) consider reusing or recycling water from

9 local or regional sources;

10 (4) consider using alternative water supplies

11 such as surface water, brackish water, nonpotable

12 water, or deep aquifer groundwater; and

13 (5) determine the total lifecycle costs of the sys14 tem, including—

15 (A) long-term operation, maintenance, re16 placement, and treatment costs of the system;

17 and

18 (B) management costs (including personnel

19 costs).

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

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

22 of this Act, the Secretary shall complete the study.

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

24 of the study shall be 75 percent.
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1 (e) COORDINATION.—The Secretary shall coordinate

2 activities of the Bureau of Reclamation, the Bureau of

3 Land Management, and the United States Geological Sur4 vey in the furtherance of the study, including—

5 (1) accessing any Bureau of Land Management

6 land adjacent to the study area that is necessary to

7 carry out this section; and

8 (2) the drilling of any exploratory wells on Bu9 reau of Land Management land adjacent to the

10 study area that are necessary to determine water re11 sources available for the Town.

12 (f) REPORT.—The Secretary shall submit to Con13 gress a report on the results of the feasibility study not

14 later than the earlier of—

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

16 completion of the feasibility study; or

17 (2) the date that is 4 years after the date of en18 actment of this Act.

19 SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT AS20 SISTANCE.

21 (a) IN GENERAL.—The Secretary may enter into con22 tracts with water authorities in the study area to provide

23 emergency water supply development assistance to any eli24 gible person or entity, as the Secretary determines to be

25 appropriate.
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1 (b) ELIGIBLE ACTIVITIES.—The Secretary may pro2 vide assistance under subsection (a) for—

3 (1) hauling water;

4 (2) the installation of water purification tech5 nology at the community wells or individual point-of6 use;

7 (3) the drilling of wells;

8 (4) the installation of pump stations and stor9 age reservoirs;

10 (5) the installation of transmission and dis11 tribution pipelines to bring water to individual resi12 dential service connections;

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

14 an emergency water supply system; and

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

16 determines to be appropriate.

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

18 of any activity under this section shall be 75 percent.

19 SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There is authorized to be

21 appropriated—

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

23 period of fiscal years 2005 through 2008; and

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

25 period of fiscal years 2005 through 2010.
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1 (b) LIMITATION.—Amounts made available under

2 subsection (a)(1) shall not be available for the construc3 tion of water infrastructure for the system.

4 TITLE II—ESPANOLA WATER

5 FILTRATION FACILITY

6 SEC. 201. DEFINITIONS.

7 In this title:

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

9 means a water delivery infrastructure development

10 described in section 202(b).

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

12 Espanola water filtration facility described in section

13 202(a).

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

15 the Secretary of the Interior, acting through the

16 Commissioner of Reclamation.

17 SEC. 202. ESPANOLA WATER FILTRATION FACILITY.

18 (a) IN GENERAL.—The Secretary shall provide finan19 cial assistance to the city of Espanola, New Mexico, for

20 the construction of an Espanola water filtration facility

21 consisting of projects—

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

23 meet future demands in the greater Espanola, New

24 Mexico region, including construction of—
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1 (A) presedimentation basins for removal of

2 sediments;

3 (B) an influent pump station to supply

4 water into treatment facilities;

5 (C) a pretreatment facility;

6 (D) filtration facilities;

7 (E) finished water storage facilities;

8 (F) a finished water booster pump station;

9 (G) sludge dewatering facilities; and

10 (H) potable water transmission lines to

11 connect into the water distribution facilities of

12 the city of Espanola, New Mexico; and

13 (2) to use reclaimed water to enhance ground14 water resources and surface water supplies.

15 (b) PARTICIPATION.—The Secretary may provide fi16 nancial assistance to the Santa Clara and San Juan Pueb17 los of New Mexico and the non-Federal sponsors of the

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

19 of a water delivery infrastructure development for the

20 Santa Clara and San Juan Pueblos as a component of

21 the facility.

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

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

24 percent.
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1 (d) LIMITATION ON USE OF FUNDS.—Funds pro2 vided by the Secretary may not be used for the operation

3 or maintenance of the facility or the component.

4 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

5 There is authorized to be appropriated for the con6 struction of the facility $3,000,000 for the period of fiscal

7 years 2005 through 2009.

Passed the Senate September 15, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2511

AN ACT

To direct the Secretary of the Interior to conduct

for other purposes.filtration facility for Espanola, New Mexico, andconstruction of a water supply, reclamation, andsystem, to provide for the planning, design, anda feasibility study of a Chimayo water supply