II 

109TH CONGRESS 

2D SESSION S. 4008 

To authorize the Secretary of the Interior to provide financial assistance 

to the Eastern New Mexico Rural Water Authority for the planning, 

design, and construction of the Eastern New Mexico Rural Water System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2006 

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 

A BILL 

To authorize the Secretary of the Interior to provide financial 

assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the 

Eastern New Mexico Rural Water System, 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 ‘‘Eastern New Mexico 

5 Rural Water System Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) AUTHORITY.—The term ‘‘Authority’’ means 

2 the Eastern New Mexico Rural Water Authority, an 

3 entity formed under State law for the purposes of 

4 planning, financing, developing, and operating the 

5 System. 

6 (2) PLAN.—The term ‘‘plan’’ means the oper7 ation, maintenance, and replacement plan required 

8 by section 4(b). 

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

10 the Secretary of the Interior. 

11 (4) STATE.—The term ‘‘State’’ means the State 

12 of New Mexico. 

13 (5) SYSTEM.— 

14 (A) IN GENERAL.—The term ‘‘System’’ 

15 means the Eastern New Mexico Rural Water 

16 System, a water delivery project designed to de17 liver approximately 16,500 acre-feet of water 

18 per year from the Ute Reservoir to the cities of 

19 Clovis, Elida, Grady, Melrose, Portales, and 

20 Texico and other locations in Curry and Roo21 sevelt Counties in the State. 

22 (B) INCLUSIONS.—The term ‘‘System’’ in23 cludes— 

24 (i) the intake structure at Ute Res25 ervoir; 


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1 (ii) a water treatment, administration, 

2 and maintenance facility with— 

3 (I) a 30,000,000 gallon per day 

4 average peak capacity; and 

5 (II) a 15,000,000 gallon per day 

6 average capacity; 

7 (iii) approximately 155 miles of trans8 mission and lateral pipelines and tunnels 

9 that range in size from 4 to 60 inches in 

10 diameter; 

11 (iv) 3 pumping stations, including— 

12 (I) a raw water pump station at 

13 Ute Reservoir; 

14 (II) a booster pump station at 

15 the ‘‘Caprock’’ escarpment; and 

16 (III) a booster pump station to 

17 Elida; and 

18 (v) any associated appurtenances. 

19 (6) UTE RESERVOIR.—The term ‘‘Ute Res20 ervoir’’ means the impoundment of water created in 

21 1962 by the construction of the Ute Dam on the Ca22 nadian River, located approximately 32 miles up23 stream of the border between New Mexico and 

24 Texas. 


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1 SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM. 

2 (a) FINANCIAL ASSISTANCE.— 

3 (1) IN GENERAL.—The Secretary may provide 

4 financial and technical assistance to the Authority to 

5 assist in planning, designing, conducting related 

6 preconstruction activities for, and constructing the 

7 System. 

8 (2) USE.— 

9 (A) IN GENERAL.—Any financial assist10 ance provided under paragraph (1) shall be ob11 ligated and expended only in accordance with a 

12 cooperative agreement entered into under sec13 tion 5(a)(2). 

14 (B) LIMITATIONS.—Financial assistance 

15 provided under paragraph (1) shall not be 

16 used— 

17 (i) for any activity that is inconsistent 

18 with constructing the System; or 

19 (ii) to plan or construct facilities used 

20 to supply irrigation water for agricultural 

21 purposes. 

22 (b) COST-SHARING REQUIREMENT.— 

23 (1) IN GENERAL.—The Federal share of the 

24 total cost of any activity or construction carried out 

25 using amounts made available under this Act shall 


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1 be not more than 75 percent of the total cost of the 

2 System. 

3 (2) SYSTEM DEVELOPMENT COSTS.—For pur4 poses of paragraph (1), the total cost of the System 

5 shall include any costs incurred by the Authority on 

6 or after October 1, 2003, for the development of the 

7 System. 

8 (c) LIMITATION.—No amounts made available under 

9 this Act may be used for the construction of the System 

10 until— 

11 (1) a plan is developed under section 4(b); and 

12 (2) the Secretary and the Authority have com13 plied with any requirements of the National Envi14 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.) applicable to the System. 

16 (d) TITLE TO PROJECT WORKS.—Title to the infra17 structure of the System shall be held by the Authority or 

18 as may otherwise be specified under State law. 

19 SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT 

20 COSTS. 

21 (a) IN GENERAL.—The Authority shall be responsible 

22 for the annual operation, maintenance, and replacement 

23 costs associated with the System. 

24 (b) OPERATION, MAINTENANCE, AND REPLACEMENT

25 PLAN.—The Authority, in consultation with the Secretary, 


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1 shall develop an operation, maintenance, and replacement 

2 plan that establishes the rates and fees for beneficiaries 

3 of the System in the amount necessary to ensure that the 

4 System is properly maintained and capable of delivering 

5 approximately 16,500 acre-feet of water per year. 

6 SEC. 5. ADMINISTRATIVE PROVISIONS. 

7 (a) COOPERATIVE AGREEMENTS.— 

8 (1) IN GENERAL.—The Secretary may enter 

9 into any contract, grant, cooperative agreement, or 

10 other agreement that is necessary to carry out this 

11 Act. 

12 (2) COOPERATIVE AGREEMENT FOR PROVISION

13 OF FINANCIAL ASSISTANCE.— 

14 (A) IN GENERAL.—The Secretary shall 

15 enter into a cooperative agreement with the Au16 thority to provide financial assistance or any 

17 other assistance requested by the Authority for 

18 planning, design, related preconstruction activi19 ties, and construction of the System. 

20 (B) REQUIREMENTS.—The cooperative 

21 agreement entered into under subparagraph (A) 

22 shall, at a minimum, specify the responsibilities 

23 of the Secretary and the Authority with respect 

24 to— 


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1 (i) ensuring that the cost-share re2 quirements established by section 3(b) are 

3 met; 

4 (ii) completing the planning and final 

5 design of the System; 

6 (iii) any environmental and cultural 

7 resource compliance activities required for 

8 the System; and 

9 (iv) the construction of the System. 

10 (b) TECHNICAL ASSISTANCE.—At the request of the 

11 Authority, the Secretary may provide to the Authority any 

12 technical assistance that is necessary to assist the Author13 ity in planning, designing, constructing, and operating the 

14 System. 

15 (c) BIOLOGICAL ASSESSMENT.—The Secretary shall 

16 consult with the New Mexico Interstate Stream Commis17 sion and the Authority in preparing any biological assess18 ment under the Endangered Species Act of 1973 (16 

19 U.S.C. 1531 et seq.) that may be required for planning 

20 and constructing the System. 

21 (d) EFFECT.—Nothing in this Act–— 

22 (1) affects or preempts— 

23 (A) State water law; or 

24 (B) an interstate compact relating to the 

25 allocation of water; or 


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1 (2) confers on any non-Federal entity the abil2 ity to exercise any Federal rights to— 

3 (A) the water of a stream; or 

4 (B) any groundwater resource. 

5 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—There are authorized to be appro7 priated to the Secretary such sums as are necessary to 

8 carry out this Act. 

9 (b) NONREIMBURSABLE AMOUNTS.—Amounts made 

10 available to the Authority in accordance with the cost11 sharing requirement under section 3(b) shall be non12 reimbursable and nonreturnable to the United States. 

13 (c) AVAILABILITY OF FUNDS.—At the end of each 

14 fiscal year, any unexpended funds appropriated pursuant 

15 to this Act shall be retained for use in future fiscal years 

16 consistent with this Act. 

Æ 


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