I 
109TH CONGRESS 
1ST SESSION 
H. R. 469 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 1, 2005 
Mr. KOLBE introduced the following bill; which was referred to the Committee 
on Resources 
A BILL 
To authorize the Secretary of the Interior to cooperate with 
the States on the border with Mexico and other appro-
priate entities in conducting a hydrogeologic character-
ization, mapping, and modeling program for priority 
transboundary aquifers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States-Mexico 
Transboundary Aquifer Assessment Act’’.
SEC. 2. PURPOSE. 
The purpose of this Act is to direct the Secretary of 
the Interior to establish a United States-Mexico 
transboundary aquifer assessment program to— 
(1) systematically assess priority transboundary 
aquifers; and 
(2) provide the scientific foundation necessary 
for State and local officials to address pressing 
water resource challenges in the United States-Mex-
ico border region. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AQUIFER.—The term ‘‘aquifer’’ means a 
subsurface water-bearing geologic formation from 
which significant quantities of water may be ex-
tracted. 
(2) BORDER STATE.—The term ‘‘Border State’’ 
means each of the States of Arizona, California, 
New Mexico, and Texas. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
means an Indian tribe, band, nation, or other orga-
nized group or community— 
(A) that is recognized as eligible for the 
special programs and services provided by the 
United States to Indians because of their status 
as Indians; and
(B) the reservation of which includes a 
transboundary aquifer within the exterior 
boundaries of the reservation. 
(4) PRIORITY TRANSBOUNDARY AQUIFER.—The 
term ‘‘priority transboundary aquifer’’ means a 
transboundary aquifer that has been designated for 
study and analysis under the program. 
(5) PROGRAM.—The term ‘‘program’’ means 
the United States-Mexico transboundary aquifer as-
sessment program established under section 4(a). 
(6) RESERVATION.—The term ‘‘reservation’’ 
means land that has been set aside or that has been 
acknowledged as having been set aside by the United 
States for the use of an Indian tribe, the exterior 
boundaries of which are more particularly defined in 
a final tribal treaty, agreement, executive order, 
Federal statute, secretarial order, or judicial deter-
mination. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the United States Geological Survey. 
(8) TRANSBOUNDARY
AQUIFER.—The term 
‘‘transboundary aquifer’’ means an aquifer that 
underlies the boundary between the United States 
and Mexico.
(9) TRI-REGIONAL
PLANNING
GROUP.—The 
term ‘‘Tri-Regional Planning Group’’ means the bi-
national planning group comprised of— 
(A) the Junta Municipal de Agua y 
Saneamiento de Ciudad Juarez; 
(B) the El Paso Water Utilities Public 
Service Board; and 
(C) the Lower Rio Grande Water Users 
Organization. 
(10) WATER
RESOURCES
RESEARCH
INSTI-
TUTES.—The term ‘‘water resources research insti-
tutes’’ means the institutes within the Border States 
established under section 104 of the Water Re-
sources Research Act of 1984 (42 U.S.C. 10303). 
SEC. 4. ESTABLISHMENT OF PROGRAM. 
(a) IN GENERAL.—The Secretary, in consultation 
and cooperation with the Border States, the water re-
sources research institutes, Sandia National Laboratories, 
and other appropriate entities in the United States and 
Mexico, shall carry out the United States-Mexico 
transboundary aquifer assessment program to charac-
terize, map, and model transboundary groundwater re-
sources along the United States-Mexico border at a level 
of detail determined to be appropriate for the particular 
aquifer.
(b) OBJECTIVES.—The objectives of the program are 
to— 
(1) develop and implement an integrated sci-
entific approach to assess transboundary ground-
water resources, including— 
(A)(i) 
identifying 
fresh 
and 
saline 
transboundary aquifers; and 
(ii) prioritizing the transboundary aquifers 
for further analysis by assessing— 
(I) the proximity of the transboundary 
aquifer to areas of high population density; 
(II) 
the 
extent 
to 
which 
the 
transboundary aquifer is used; 
(III) 
the 
susceptibility 
of 
the 
transboundary aquifer to contamination; 
and 
(IV) any other relevant criteria; 
(B) evaluating all available data and publi-
cations as part of the development of study 
plans for each priority transboundary aquifer; 
(C) creating a new, or enhancing an exist-
ing, geographic information system database to 
characterize the spatial and temporal aspects of 
each priority transboundary aquifer; and
(D) using field studies, including support 
for and expansion of ongoing monitoring and 
metering efforts, to develop— 
(i) the additional data necessary to 
adequately define aquifer characteristics; 
and 
(ii) scientifically sound groundwater 
flow models to assist with State and local 
water management and administration, in-
cluding modeling of relevant groundwater 
and surface water interactions; 
(2) expand existing agreements, as appropriate, 
between the United States Geological Survey, the 
Border States, the water resources research insti-
tutes, and appropriate authorities in the United 
States and Mexico, to— 
(A) conduct joint scientific investigations; 
(B) archive and share relevant data; and 
(C) carry out any other activities con-
sistent with the program; and 
(3) produce scientific products for each priority 
transboundary aquifer that— 
(A) are capable of being broadly distrib-
uted; and
(B) provide the scientific information need-
ed by water managers and natural resource 
agencies on both sides of the United States- 
Mexico border to effectively accomplish the mis-
sions of the managers and agencies. 
(c) DESIGNATION
OF PRIORITY TRANSBOUNDARY 
AQUIFERS.— 
(1) IN
GENERAL.—For purposes of the pro-
gram, the Secretary shall designate as priority 
transboundary aquifers— 
(A) the Hueco Bolson and Mesilla aquifers 
underlying parts of Texas, New Mexico, and 
Mexico; 
(B) the Santa Cruz River Valley aquifers 
underlying Arizona and Sonora, Mexico; and 
(C) the San Pedro aquifers underlying Ari-
zona and Sonora, Mexico 
(2) ADDITIONAL
AQUIFERS.—The Secretary 
shall, 
using 
the 
criteria 
under 
subsection 
(b)(1)(A)(ii), evaluate and designate additional pri-
ority transboundary aquifers. 
(d) COOPERATION WITH MEXICO.—To ensure a com-
prehensive assessment of transboundary aquifers, the Sec-
retary shall, to the maximum extent practicable, work with 
appropriate Federal agencies and other organizations to
develop partnerships with, and receive input from, relevant 
organizations in Mexico to carry out the program. 
(e) GRANTS AND COOPERATIVE AGREEMENTS.—The 
Secretary may provide grants or enter into cooperative 
agreements and other agreements with the water re-
sources research institutes and other Border State entities 
to carry out the program. 
SEC. 5. IMPLEMENTATION OF PROGRAM. 
(a) COORDINATION WITH STATES, TRIBES, AND 
OTHER ENTITIES.—The Secretary shall coordinate the ac-
tivities carried out under the program with— 
(1) the appropriate water resource agencies in 
the Border States; 
(2) any affected Indian tribes; and 
(3) any other appropriate entities that are con-
ducting monitoring and metering activity with re-
spect to a priority transboundary aquifer. 
(b) NEW ACTIVITY.—After the date of enactment of 
this Act, the Secretary shall not initiate any new field 
studies or analyses under the program before consulting 
with, and coordinating the activity with, any Border State 
water resource agencies that have jurisdiction over the aq-
uifer. 
(c) STUDY PLANS; COST ESTIMATES.—
(1) IN
GENERAL.—The Secretary shall work 
closely with appropriate Border State water resource 
agencies, water resources research institutes, and 
other relevant entities to develop a study plan, 
timeline, and cost estimate for each priority 
transboundary aquifer to be studied under the pro-
gram. 
(2) REQUIREMENTS.—A study plan developed 
under paragraph (1) shall, to the maximum extent 
practicable— 
(A) integrate existing data collection and 
analyses conducted with respect to the priority 
transboundary aquifer; 
(B) if applicable, improve and strengthen 
existing groundwater flow models developed for 
the priority transboundary aquifer; and 
(C) be consistent with appropriate State 
guidelines and goals. 
SEC. 6. EFFECT. 
Nothing in this Act affects— 
(1) the jurisdiction or responsibility of a Border 
State with respect to managing surface or ground-
water resources in the Border State; or 
(2) the water rights of any person or entity 
using water from a transboundary aquifer.
SEC. 7. REPORTS. 
Not later than 5 years after the date of enactment 
of this Act, and on completion of the program in fiscal 
year 2014, the Secretary shall submit to the appropriate 
water resource agency in the Border States, an interim 
and final report, respectively, that describes— 
(1) any activities carried out under the pro-
gram; 
(2) any conclusions of the Secretary relating to 
the status of transboundary aquifers; and 
(3) the level of participation in the program of 
entities in Mexico. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this Act $50,000,000 for the period 
of fiscal years 2006 through 2015. 
(b) DISTRIBUTION
OF FUNDS.—Of the amounts 
made available under subsection (a), 50 percent shall be 
made available to the water resources research institutes 
to provide funding to appropriate entities in the Border 
States (including Sandia National Laboratories, State 
agencies, universities, the Tri-Regional Planning Group, 
and other relevant organizations) and Mexico to conduct 
activities under the program, including the binational col-
lection and exchange of scientific data. 
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