I 

108TH CONGRESS 

2D SESSION H. R. 4835

To establish a water supply enhancement demonstration program, including 

the demonstration of desalination, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2004

Mr. POMBO (for himself, Mr. CALVERT, Mrs. WILSON of New Mexico, and Mr. 

PEARCE) introduced the following bill; which was referred to the Committee on Resources 

A BILL

To establish a water supply enhancement demonstration program, including the demonstration of desalination, 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 ‘‘Quality Water Supply 

5 Enhancement Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are—

8 (1) to provide for the development of economi9 cally viable advanced water supply enhancement 
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1 demonstration projects, including desalination, that 

2 would—

3 (A) substantially improve access to existing 

4 water supplies; and 

5 (B) provide access to untapped water 

6 sources; 

7 (2) to facilitate the widespread commercializa8 tion of newly developed water supply for use in real9 world applications; 

10 (3) to provide objective analyses of water supply 

11 policies; and 

12 (4) to facilitate collaboration among Federal 

13 agencies in the development of advanced water sup14 ply demonstration projects, including desalination. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ADVISORY PANEL.—The term ‘‘Advisory 

18 Panel’’ means the Water Supply Advisory Panel es19 tablished under section 5(a). 

20 (2) REGIONAL CENTER.—The term ‘‘Regional 

21 Center’’ means the Regional Center referenced in 

22 the National Water Supply Technology Program 

23 White Paper, with a specific region of the nation 

24 and a specific water theme as designated under sec25 tion 6(b). 
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1 (3) INSTITUTE.—The term ‘‘Institute’’ means 

2 the Water Supply Policy Institute designated by sec3 tion 8(a). 

4 (4) PROGRAM.—The term ‘‘program’’ means 

5 the water supply program established under section 

6 4(a). 

7 (5) PROGRAM COORDINATOR.—The term ‘‘Pro8 gram Coordinator’’ means the lead Facility as de9 scribed in the National Water Supply Technology 

10 Program White Paper. 

11 (6) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (7) WATER RESOURCE AGENCIES.—Federal 

14 agencies, as identified in the Interagency Consor15 tium, developed by the Bureau of Reclamation, for 

16 Desalination and Membrane Separation. 

17 (8) WATER SUPPLY ENHANCEMENT.—

18 (A) IN GENERAL.—The term ‘‘water sup19 ply enhancement’’ means a demonstration 

20 project, including desalination, designed to im21 prove water quality or make more efficient use 

22 of existing water sources. 

23 (B) INCLUSIONS.—The term ‘‘water supply 

24 enhancement’’ includes demonstration projects 

25 for—
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1 (i) reducing water consumption in the 

2 production or generation of energy; 

3 (ii) desalination and related con4 centrate disposal; 

5 (iii) water reuse; 

6 (iv) contaminant removal; 

7 (v) agriculture, industrial, and munic8 ipal efficiency; and 

9 (vi) water monitoring and systems 

10 analysis. 

11 SEC. 4. DESALINATION AND WATER SUPPLY ENHANCE12 MENT DEMONSTRATION PROGRAM. 

13 (a) ESTABLISHMENT.—The Secretary shall, in co14 ordination with the Water Resource Agencies, and the 

15 Program Coordinator, establish a desalination and ad16 vanced water supply enhancement demonstration program 

17 and fund demonstration projects for the development and 

18 commercialization of, advanced water supply demonstra19 tion projects, including desalination. The Secretary shall 

20 be responsible for coordinating the Water Resource Agen21 cies activities authorized under this Act. 

22 (b) PROGRAM COORDINATOR.—

23 (1) IN GENERAL.—The program shall be car24 ried out by the Secretary, in coordination with the 
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1 Water Resources Agencies and the Program Coordi2 nator. 

3 (2) DUTIES.—In carrying out the program, the 

4 Program Coordinator, in consultation with the Sec5 retary and Water Resource Agencies, shall—

6 (A) construct a facility at the office of the 

7 Program Coordinator for administering the pro8 gram; 

9 (B) establish budgetary and contracting 

10 procedures for the program; 

11 (C) perform any administrative duties re12 lating to the program; 

13 (D) administer funds under section 7; 

14 (E) conduct peer review of water supply 

15 enhancement demonstration proposals and re16 search results; 

17 (F) create a water supply enhancement 

18 demonstration roadmap to—

19 (i) identify the best water supply dem20 onstration projects; and 

21 (ii) make determinations about which 

22 water supply demonstration projects would 

23 most substantially improve the use of exist24 ing water supplies; 
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1 (G) coordinate budgets for demonstration 

2 projects at Regional Centers; 

3 (H) coordinate research carried out under 

4 the program; 

5 (I) perform annual evaluations of dem6 onstration projects and the progress made by 

7 Regional Centers; 

8 (J) establish a water supply demonstration 

9 transfer program—

10 (i) to identify commercially promising 

11 water supply demonstration projects; and 

12 (ii) to facilitate prototyping of, busi13 ness planning for, regulatory acceptance 

14 of, and full commercialization of promising 

15 water supply demonstration projects 

16 through—

17 (I) project facilities; 

18 (II) industry consortia; and 

19 (III) collaboration with commer20 cial financing organizations; 

21 (K) establish procedures and criteria to pe22 riodically assess Regional Centers under section 

23 6(f)(2); 

24 (L) establish procedures for providing in25 formation to the public on the results of dem-
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1 onstration projects conducted under the pro2 gram; and 

3 (M) implement cross-cutting research to 

4 develop sensor and monitoring systems for 

5 water and energy efficiency and management. 

6 SEC. 5. WATER SUPPLY ADVISORY PANEL. 

7 (a) ESTABLISHMENT.—The Program Coordinator, in 

8 consultation with the Secretary, shall establish an advisory 

9 panel, to be known as the ‘‘Water Supply Advisory Panel’’, 

10 to advise the Program with respect to—

11 (1) the direction of the program; 

12 (2) reviewing the performance of any dem13 onstration project carried out using amounts made 

14 available under the program; 

15 (3) facilitating the commercialization of the 

16 water supply demonstration successes developed 

17 under the program; and 

18 (4) evaluating water policy. 

19 (b) MEMBERSHIP.—The Advisory Panel shall include 

20 members, with interest and expertise in water supply dem21 onstration projects, that represent—

22 (1) industry; 

23 (2) educational institutions; 

24 (3) the Federal Government; 

25 (4) nongovernmental organizations; 
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1 (5) international water technology institutions; 

2 and 

3 (6) the Regional Centers. 

4 SEC. 6. REGIONAL CENTERS IN WATER SUPPLY ENHANCE5 MENT. 

6 (a) IN GENERAL.—A Regional Center shall partner 

7 with one or more universities from the region, that shall 

8 be eligible for funding under section 7(a) to conduct dem9 onstration projects on specific advanced water supply en10 hancement projects. 

11 (b) INITIAL REGIONAL CENTERS.—The Regional 

12 Centers as identified in the National Water Supply Tech13 nology Program White Paper, shall be grouped by region 

14 and theme, including, but not limited to the following: 

15 (1) NORTHEAST REGION.—Reducing water 

16 quality impacts from power plant outfall and decen17 tralized water treatment. 

18 (2) CENTRAL ATLANTIC REGION.—Produced 

19 water purification and use for power production and 

20 water reuse for mega-cities. 

21 (3) SOUTHEAST REGION.—Shallow aquifer con22 junctive water use; energy reduction for sea water 

23 desalination and membrane demonstration project 

24 development. 
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1 (4) MIDWEST REGION.—Water efficiency in 

2 manufacturing and energy reduction in wastewater 

3 treatment. 

4 (5) CENTRAL REGION.—Cogeneration of nu5 clear power and water, energy systems for pumping 

6 irrigation and mining water reuse. 

7 (6) WEST REGION.—Conjunctive management 

8 of hydropower and water; and watershed manage9 ment. 

10 (7) SOUTHWEST REGION.—Water for power 

11 production in arid environments; energy reduction 

12 and waste disposal for brackish desalination; high 

13 water and energy efficiency in arid agriculture; and 

14 transboundary water management. 

15 (8) PACIFIC REGION.—Point of use technology 

16 to reduce water treatment and conveyance energy; 

17 co-located energy production and water treatment; 

18 and water reuse for agriculture. 

19 (c) SELECTION OF UNIVERSITY PARTNERS.—In con20 sultation with the Program Coordinator and the Advisory 

21 Panel, each Regional Center, within 6 months after the 

22 date of enactment of this Act, shall select a primary uni23 versity partner and may nominate additional university 

24 partners. 
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1 (d) OPERATIONAL PROCEDURES.—Not later than 1 

2 year after the date of enactment of this Act, each Regional 

3 Center shall submit to the Program Coordinator oper4 ational procedures for such Regional Center. 

5 (e) ADDITIONAL REGIONAL CENTERS.—Subject to 

6 approval by the Advisory Panel, the Program Coordinator 

7 may, not sooner than 5 years after the date of enactment 

8 of this Act, designate not more than 4 additional Regional 

9 Centers if the Program Coordinator determines that there 

10 are additional water supply technologies that need to be 

11 researched. 

12 (f) PERIOD OF DESIGNATION.—

13 (1) IN GENERAL.—A designation under sub14 section (b), subsection (c), or subsection (d) shall be 

15 for a period of 5 years. 

16 (2) ASSESSMENT.—A Regional Center shall be 

17 subject to periodic assessments in accordance with 

18 procedures and criteria established under section 

19 4(b)(2)(K). 

20 (3) RENEWAL.—After the initial period under 

21 paragraph (1), a designation may be renewed for 

22 subsequent 5-year periods in accordance with proce23 dures and criteria established under section 

24 4(b)(2)(K). 
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1 (4) PROBATION, TERMINATION, OR NON2 RENEWAL.—

3 (A) IN GENERAL.—Based on a periodic as4 sessment conducted under paragraph (2) and 

5 after review by the Secretary and Water Re6 source Agencies, the Secretary may determine 

7 not to renew the designation of a Regional Cen8 ter. 

9 (B) TERMINATION.—In coordination with 

10 the Water Resources Agencies, the Secretary 

11 may terminate or choose not to renew the des12 ignation of a Regional Center. 

13 (g) EXECUTIVE DIRECTOR.—A Regional Center shall 

14 be administered by an executive director. 

15 (h) PUBLICATION OF RESEARCH RESULTS.—A Re16 gional Center shall periodically publish the results of any 

17 research carried out under the program in appropriate 

18 peer-reviewed journals. 

19 SEC. 7. PROGRAM FUNDING. 

20 (a) FUNDING TO REGIONAL CENTERS.—

21 (1) IN GENERAL.—The Program Coordinator, 

22 in coordination with the Secretary, and Water Re23 source Agencies, shall provide funding to the Re24 gional Center subject to the provisions of section 

25 10(b) to carry out demonstration projects identified 
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1 in section 6(b) in coordination with other Regional 

2 Centers without cost-share requirements. 

3 (2) DISTRIBUTION.—Of the funds made avail4 able to each Regional Center, 50 percent shall be 

5 distributed to regional university partners. Funds 

6 distributed to university partners within the region 

7 shall be distributed following a plan developed and 

8 included in the Regional Center’s operational proce9 dures developed under section 6(d) without cost10 share requirements. 

11 (b) OPEN-CALL FUNDING.—

12 (1) IN GENERAL.—The Program Coordinator, 

13 in coordination with the Secretary, and Water Re14 source Agencies, shall provide competitive funding 

15 mechanisms to eligible institutions and individuals 

16 for water supply demonstration projects. 

17 (2) ELIGIBLE COLLABORATIVE INSTITU18 TIONS.—Each of the following are eligible for fund19 ing under paragraph (1): 

20 (A) Nongovernmental organizations. 

21 (B) Department of Energy National Lab22 oratories. 

23 (C) Private corporations. 

24 (D) Industry consortia. 

25 (E) Universities or university consortia. 
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1 (F) Any other entity with expertise in the 

2 conduct of research on water supply tech3 nologies. 

4 (G) International research consortia. 

5 (3) DISTRIBUTION OF FUNDS.—Of the funds 

6 allotted for the program funding, the following per7 centages and restrictions apply: 

8 (A) NONGOVERNMENTAL ORGANIZA9 TIONS.—No less than 15 percent and no more 

10 than 25 percent of the total funds shall be pro11 vided as block funding to nongovernmental or12 ganizations subject to a 50 percent nonprogram 

13 cost share that then may be redistributed by 

14 the nongovernmental organization along with 

15 non-program matching funds for individual 

16 projects. 

17 (B) NATIONAL LABORATORIES.—No less 

18 than 20 percent and no more than 30 percent 

19 of the total funds shall be provided to support 

20 individual projects from Department of Energy 

21 National Laboratories without matching fund 

22 requirements. 

23 (c) FEDERAL AGENCIES.—No less than 15 percent 

24 and no more than 25 percent of the total funds shall be 

25 provided to support individual projects that are rec-
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1 ommended by at least one other Federal Agency that is 

2 providing at least a 50 percent funding match. 

3 (d) OTHER ENTITIES.—The remainder of funds may 

4 be provided to support individual projects subject to a 25 

5 percent nonprogram cost share. 

6 (e) TERM OF GRANT.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), funds provided under this section shall be 

9 for a term of 2 years. 

10 (2) RENEWAL.—The Program Coordinator, in 

11 consultation with the Secretary, and Water Resource 

12 Agencies, may renew demonstration project financ13 ing for up to 2 additional years as appropriate. 

14 (f) REPORTING.—Organizations receiving funding 

15 under this section shall report on a bi-annual basis the 

16 results and status of research projects undertaken with 

17 funds from this Act. 

18 (g) TREATMENT OF FUNDS.—Amounts received 

19 under funding provided to a non-Federal entity by this 

20 program shall be considered to be non-Federal funds when 

21 used as matching funds by the non-Federal entity toward 

22 a Federal cost-shared project outside this program. 

23 (h) CRITERIA.—The Program Coordinator, in coordi24 nation with the Secretary, and Water Resource Agencies, 

25 shall establish criteria for the submission and review of 
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1 grant applications and the provision of funds under this 

2 section. 

3 (i) COST-SHARING REQUIREMENT.—A National Lab4 oratory that receives funding under this section shall not 

5 be subject to a cost-sharing requirement. 

6 SEC. 8. NATIONAL WATER SUPPLY POLICY INSTITUTE. 

7 (a) DESIGNATION.—The Utton Center at the Univer8 sity of New Mexico Law School is designated as the Na9 tional Water Policy Institute. 

10 (b) DUTIES.—The Institute shall—

11 (1) perform objective research on relevant 

12 water, regulations, and policy pertinent to this Act; 

13 (2) provide policy alternatives to increase na14 tional and international water supplies; 

15 (3) consult with the Regional Centers, industry, 

16 municipalities, nongovernmental organizations, other 

17 participants of the program, and any other inter18 ested persons, with priority for consultation services 

19 to be given to participants in the program; and 

20 (4) conduct an annual water policy seminar to 

21 provide information on demonstration projects car22 ried out or funded by the Institute. 

23 (c) PARTNERSHIPS.—The Institute may enter into 

24 partnerships with other institutions to assist in carrying 

25 out the duties of the Institute under subsection (b). 
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1 (d) EXECUTIVE DIRECTOR.—The Institute shall be 

2 administered by an executive director, subject to approval 

3 by the Program Coordinator. 

4 SEC. 9. REPORTS. 

5 (a) REPORTS TO PROGRAM COORDINATOR.—Any Re6 gional Center, or collaborative institution that receives 

7 funding under section 7 shall submit to the Program Coor8 dinator an annual report on activities carried out using 

9 amounts made available under this Act during the pre10 ceding fiscal year. 

11 (b) REPORT TO CONGRESS.—Not later than 3 fiscal 

12 years after the date of enactment of this Act and every 

13 5 years thereafter, the Program Coordinator shall submit 

14 to the Secretary, and other Water Resource Agencies, and 

15 Congress a report that describes the activities carried out 

16 under this Act. 

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There are authorized to be appro19 priated to the Secretary, and Water Resource Agencies, 

20 for each of fiscal years 2005 through 2009—

21 (1) for the construction of a facility under sec22 tion 4(b)(2)(A), $20,000,000; 

23 (2) for the administration of the program by 

24 the Program Coordinator and for administration of 
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1 the facility constructed under section 4(b)(2)(A), 

2 $5,000,000; 

3 (3) for demonstration projects carried out 

4 under the program, $200,000,000; and 

5 (4) for Regional Centers to administer funding 

6 and to update, maintain, and operate the facilities, 

7 as necessary, $7,500,000. 

8 (b) ALLOCATION.—Of amounts made available under 

9 subsection (a)(3) for a fiscal year—

10 (1) not more than the lesser of $10,000,000 or 

11 5 percent shall be made available to each Regional 

12 Center designated by section 6(b) or under section 

13 6(e) as block funding following the funding proce14 dures in section 7(a); 

15 (2) not more than the lesser of $10,000,000 or 

16 5 percent shall be made available for the Institute 

17 designated by section 8(a); 

18 (3) at least 15 percent shall be made available 

19 for demonstration projects implemented under sec20 tion 4(b)(2)(J); and 

21 (4) at least 30 percent shall be made available 

22 for the open-call funding program described in sec23 tion 7(b).

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