I
107TH CONGRESS
1ST SESSION
H. R. 3121
To further continued economic viability in the communities on the High
Plains by promoting sustainable groundwater management of the
Ogallala Aquifer.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 2001
Mr. MORAN of Kansas (for himself and Mr. UDALL of New Mexico) intro-
duced the following bill; which was referred to the Committee on Re-
sources, and in addition to the Committee on Agriculture, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To further continued economic viability in the communities
on the High Plains by promoting sustainable ground-
water management of the Ogallala Aquifer.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘High Plains Groundwater Resource Conservation Act’’.
(b) FINDINGS.—Congress finds the following:
(1) A reliable source of groundwater is an es-
sential element of the economy of the communities
on the High Plains.
(2) The High Plains Aquifer consists largely of
the Ogallala Aquifer with small components of other
geologic units.
(3) The High Plains Aquifer experienced a de-
cline in water table levels in the latter half of the
twentieth century.
(4) The decline in water table levels is espe-
cially pronounced in the Southern Ogallala Aquifer,
with areas in the States of Kansas, New Mexico,
Oklahoma, and Texas experiencing declines of over
100 feet from 1950 to 1997 (USGS Fact Sheet
124–99, Dec. 1999).
(5) The saturated thickness of the High Plains
Aquifer has declined by over 50 percent in some
areas (1186 USGS Circular 27, 1999). Further-
more, the percentage of the High Plains Aquifer
which has a saturated thickness of 100 feet or more
declined from 54 percent to 51 percent in the period
from 1980 to 1997 (USGS Fact Sheet 124–99, Dec.
1999).
(6) The decreased water levels in the High
Plains Aquifer coupled with higher pumping lift
costs raise concerns about the long-term sustain-
ability of irrigated agriculture in the High Plains.
(7) Hydrological modeling by the United States
Geological Survey indicates that in the context of
sustained high groundwater use in the surrounding
region, reductions in groundwater pumping at the
single farm level or at a local level of up to 100
square miles, have a very time limited impact on
conserving the level of the local water table, thus
creating a disincentive for individual water users to
invest in water conservation measures. (‘‘External
Effects of Irrigators’ Pumping Decisions, High
Plains Aquifer’’, Alley and Schefter, American Geo-
physical Union, paper #7W0326; Water Resources
Research, Vol. 23, No. 7 1123–1130, July 1987).
(8) Incentives must be created for conservation
of groundwater on a regional scale, in order to
achieve an agricultural economy on the High Plains
that is sustainable.
(9) For water conservation incentives to func-
tion, Federal, State, tribal, and local water policy
makers, and individual groundwater users must have
access to reliable information concerning aquifer re-
charge rates, extraction rates, and water table levels
at the local and regional levels on an ongoing basis.
(10) Coordination of Federal, State, and local
efforts to map, model, and monitor the High Plains
Aquifer and of programs pertaining to the conserva-
tion of the groundwater resources of the Aquifer can
play an important role in effectively addressing the
issue of the decline of the Aquifer.
(c) PURPOSES.—The purposes of this Act are—
(1) to provide for the enhanced mapping, mod-
eling, and monitoring of the High Plains Aquifer
and for the improved coordination of efforts to ad-
dress the conservation of the groundwater resources
of the Aquifer; and
(2) to promote groundwater conservation on the
High Plains in order to extend the usable life of the
High Plains Aquifer.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) HIGH PLAINS AQUIFER.—The term ‘‘High
Plains Aquifer’’ is the groundwater reserve depicted
as Figure 1 in the United States Geological Survey
Professional Paper 1400–B, titled Geohydrology of
the High Plains Aquifer in Parts of Colorado, Kan-
sas, Nebraska, New Mexico, Oklahoma, South Da-
kota, Texas, and Wyoming.
(2) HIGH PLAINS.—The term ‘‘High Plains’’
means the approximately 174,000 square miles of
land surface overlying the High Plains Aquifer in
the States of Colorado, Kansas, Nebraska, New
Mexico, Oklahoma, South Dakota, Texas, and Wyo-
ming.
(3) HIGH PLAINS AQUIFER STATES.—The term
‘‘High Plains Aquifer States’’ means the States of
Colorado, Kansas, Nebraska, New Mexico, Okla-
homa, South Dakota, Texas, and Wyoming.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
TITLE I—HIGH PLAINS AQUIFER
CONSERVATION 
AND 
MONI-
TORING
SEC. 101. HYDROGEOLOGIC MAPPING, MODELING, AND
MONITORING.
(a) PROGRAM.—The Secretary, working through the
United States Geological Survey, and in cooperation with
the State Geologists of the High Plains Aquifer States,
shall develop and carry out a comprehensive hydrogeologic
mapping, modeling, and monitoring program for the High
Plains Aquifer. The program shall include on a county-
by-county basis—
(1) a map of the hydrological configuration of
the High Plains Aquifer; and
(2) an analysis of—
(A) the current and past rate at which
groundwater is being withdrawn and recharged,
and the net rate of decrease or increase in aqui-
fer storage;
(B) the factors controlling the rate of hori-
zontal migration of water within the High
Plains Aquifer; and
(C) the current and past rate of loss of
saturated thickness within the High Plains Aq-
uifer.
(b) FUNDING.—At the request of a Governor of a
High Plains State, the Secretary shall transfer to the Gov-
ernor no less than one-eighth of 50 percent of the funds
made available pursuant to this section to be used to by
the State, working in cooperation with the Secretary, to
implement the program provided for by this section.
(c) ANNUAL REPORT.—One year after the date of the
enactment of this Act, and every two years thereafter, the
Secretary shall submit a report on the status of the High
Plains Aquifer to the Committee on Energy and Natural
Resources of the Senate, the Committee on Resources of
the House of Representatives, and the Governors of the
High Plains Aquifer States.
SEC. 102. HIGH PLAINS AQUIFER COORDINATION COUNCIL.
(a) ESTABLISHMENT AND PURPOSE.—The Secretary,
in cooperation with the Secretary of Agriculture, shall es-
tablish a High Plains Aquifer Coordination Council. The
purpose of the Council shall be to—
(1) ensure that comprehensive and coordinated
mapping, modeling, and monitoring efforts relating
to the High Plains Aquifer are in place to provide
information on the water resources of the High
Plains Aquifer, including the sustainability of such
resources;
(2) facilitate the coordination of federal, state,
and local programs relating to the groundwater re-
sources of the High Plains Aquifer;
(3) facilitate coordination of programs and poli-
cies among the High Plains Aquifer States with re-
spect to the groundwater resources of the High
Plains Aquifer;
(4) evaluate the effectiveness of Federal and
state programs in addressing the present and antici-
pated groundwater resources issues relating to the
High Plains Aquifer;
(5) provide recommendations to the Secretary,
the Secretary of Agriculture, and each Governor of
a High Plains Aquifer State, regarding programs
and policies and changes in Federal and state law to
address the groundwater resources issues of the
High Plains Aquifer.
(b) MEMBERSHIP.—The Secretary, in consultation
with the Secretary of Agriculture, shall appoint the fol-
lowing members of the High Plains Aquifer Coordination
Council:
(1) Two representatives of the Secretary of the
Interior, one representing the Bureau of Reclama-
tion, and one representing the U.S. Geological Sur-
vey.
(2) Two representatives of the Secretary of Ag-
riculture, to be selected from a list of candidates
provided by such Secretary, one representing the
Natural Resources Conservation Service and one
representing Rural Development.
(3) A representative of each Governor of a High
Plains Aquifer State, who shall be a state employee
and shall be selected from a list of candidates pro-
vided by the Governor, at least one of which shall be
a State Geologist of a High Plains Aquifer State.