I 
109TH CONGRESS 
2D SESSION 
H. R. 6308 
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 Sys-
tem, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2006 
Mr. UDALL of New Mexico introduced the following bill; which was referred 
to the Committee on Resources 
A BILL 
To authorize the Secretary of the Interior to provide financial 
assistance to the Eastern New Mexico Rural Water Au-
thority for the planning, design, and construction of the 
Eastern New Mexico Rural Water System, 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 ‘‘Eastern New Mexico 
Rural Water System Act of 2006’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) AUTHORITY.—The term ‘‘Authority’’ means 
the Eastern New Mexico Rural Water Authority, an 
entity formed under State law for the purposes of 
planning, financing, developing, and operating the 
System. 
(2) PLAN.—The term ‘‘plan’’ means the oper-
ation, maintenance, and replacement plan required 
by section 4(b). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
(5) SYSTEM.— 
(A) IN
GENERAL.—The term ‘‘System’’ 
means the Eastern New Mexico Rural Water 
System, a water delivery project designed to de-
liver approximately 16,500 acre-feet of water 
per year from the Ute Reservoir to the cities of 
Clovis, Elida, Grady, Melrose, Portales, and 
Texico and other locations in Curry and Roo-
sevelt Counties in the State. 
(B) INCLUSIONS.—The term ‘‘System’’ in-
cludes— 
(i) the intake structure at Ute Res-
ervoir; 
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(ii) a water treatment, administration, 
and maintenance facility with— 
(I) a 30,000,000 gallon per day 
average peak capacity; and 
(II) a 15,000,000 gallon per day 
average capacity; 
(iii) approximately 155 miles of trans-
mission and lateral pipelines and tunnels 
that range in size from 4 to 60 inches in 
diameter; 
(iv) 3 pumping stations, including— 
(I) a raw water pump station at 
Ute Reservoir; 
(II) a booster pump station at 
the ‘‘Caprock’’ escarpment; and 
(III) a booster pump station to 
Elida; and 
(v) any associated appurtenances. 
(6) UTE
RESERVOIR.—The term ‘‘Ute Res-
ervoir’’ means the impoundment of water created in 
1962 by the construction of the Ute Dam on the Ca-
nadian River, located approximately 32 miles up-
stream of the border between New Mexico and 
Texas. 
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SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM. 
(a) FINANCIAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary may provide 
financial and technical assistance to the Authority to 
assist in planning, designing, conducting related 
preconstruction activities for, and constructing the 
System. 
(2) USE.— 
(A) IN
GENERAL.—Any financial assist-
ance provided under paragraph (1) shall be ob-
ligated and expended only in accordance with a 
cooperative agreement entered into under sec-
tion 5(a)(2). 
(B) LIMITATIONS.—Financial assistance 
provided under paragraph (1) shall not be 
used— 
(i) for any activity that is inconsistent 
with constructing the System; or 
(ii) to plan or construct facilities used 
to supply irrigation water for agricultural 
purposes. 
(b) COST-SHARING REQUIREMENT.— 
(1) IN GENERAL.—The Federal share of the 
total cost of any activity or construction carried out 
using amounts made available under this Act shall 
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be not more than 75 percent of the total cost of the 
System. 
(2) SYSTEM DEVELOPMENT COSTS.—For pur-
poses of paragraph (1), the total cost of the System 
shall include any costs incurred by the Authority on 
or after October 1, 2003, for the development of the 
System. 
(c) LIMITATION.—No amounts made available under 
this Act may be used for the construction of the System 
until— 
(1) a plan is developed under section 4(b); and 
(2) the Secretary and the Authority have com-
plied with any requirements of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) applicable to the System. 
(d) TITLE TO PROJECT WORKS.—Title to the infra-
structure of the System shall be held by the Authority or 
as may otherwise be specified under State law. 
SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT 
COSTS. 
(a) IN GENERAL.—The Authority shall be responsible 
for the annual operation, maintenance, and replacement 
costs associated with the System. 
(b) OPERATION, MAINTENANCE, AND REPLACEMENT 
PLAN.—The Authority, in consultation with the Secretary, 
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shall develop an operation, maintenance, and replacement 
plan that establishes the rates and fees for beneficiaries 
of the System in the amount necessary to ensure that the 
System is properly maintained and capable of delivering 
approximately 16,500 acre-feet of water per year. 
SEC. 5. ADMINISTRATIVE PROVISIONS. 
(a) COOPERATIVE AGREEMENTS.— 
(1) IN
GENERAL.—The Secretary may enter 
into any contract, grant, cooperative agreement, or 
other agreement that is necessary to carry out this 
Act. 
(2) COOPERATIVE AGREEMENT FOR PROVISION 
OF FINANCIAL ASSISTANCE.— 
(A) IN
GENERAL.—The Secretary shall 
enter into a cooperative agreement with the Au-
thority to provide financial assistance or any 
other assistance requested by the Authority for 
planning, design, related preconstruction activi-
ties, and construction of the System. 
(B) 
REQUIREMENTS.—The 
cooperative 
agreement entered into under subparagraph (A) 
shall, at a minimum, specify the responsibilities 
of the Secretary and the Authority with respect 
to— 
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