I 
116TH CONGRESS 
1ST SESSION H. R. 4891 
To provide for the conduct of certain water security measures in the Western 
United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2019 
Ms. TORRES SMALL of New Mexico (for herself, Mr. LUJA´N, Ms. HAALAND, 
Mrs. KIRKPATRICK, Mr. HURD of Texas, and Ms. DEGETTE) introduced 
the following bill; which was referred to the Committee on Natural Re-
sources, and in addition to the Committee on Science, Space, and Tech-
nology, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To provide for the conduct of certain water security measures 
in the Western United States, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Western Water Security Act of 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
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TITLE I—INFRASTRUCTURE AND WATER MANAGEMENT 
IMPROVEMENT 
Sec. 101. Watersmart extension and expansion. 
Sec. 102. Rural desalination. 
Sec. 103. Emergency drought funding. 
Sec. 104. Rio Grande Pueblo irrigation infrastructure reauthorization. 
TITLE II—GROUNDWATER MANAGEMENT 
Sec. 201. Reauthorization and expansion of the Transboundary Aquifer Assess-
ment Program. 
Sec. 202. Groundwater management assessment and improvement. 
Sec. 203. Surface and groundwater water availability and the energy nexus. 
TITLE III—WATER CONSERVATION AND ENVIRONMENTAL 
RESTORATION 
Sec. 301. Definitions. 
Sec. 302. Water acquisition program. 
Sec. 303. Middle Rio Grande water conservation. 
Sec. 304. Sustaining biodiversity during droughts. 
Sec. 305. Reauthorization of cooperative watershed management program. 
TITLE IV—EFFECT ON EXISTING LAW 
Sec. 401. Effect on existing law. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) RIO
GRANDE
COMPACT.—The term ‘‘Rio 
Grande Compact’’ means the compact approved by 
Congress under the Act of May 31, 1939 (53 Stat. 
785, chapter 155). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
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TITLE I—INFRASTRUCTURE AND 
WATER 
MANAGEMENT 
IM-
PROVEMENT 
SEC. 101. WATERSMART EXTENSION AND EXPANSION. 
(a) DEFINITION OF ELIGIBLE APPLICANT.—Section 
9502 of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10362) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘section’’ and inserting ‘‘subtitle’’; 
(2) by striking paragraph (7) and inserting the 
following: 
‘‘(7) ELIGIBLE APPLICANT.—The term ‘eligible 
applicant’ means— 
‘‘(A) any State, Indian tribe, irrigation dis-
trict, or water district; 
‘‘(B) any State, regional, or local author-
ity, the members of which include one or more 
organizations with water or power delivery au-
thority; 
‘‘(C) any other organization with water or 
power delivery authority; and 
‘‘(D) any nonprofit conservation organiza-
tion.’’; 
(3) in paragraph (10), by striking ‘‘450b’’ and 
inserting ‘‘5304’’; 
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(4) by redesignating paragraphs (13) through 
(17) as paragraphs (14) through (18), respectively; 
and 
(5) by inserting after paragraph (12) the fol-
lowing: 
‘‘(13) NATURAL
WATER
RECHARGE
INFRA-
STRUCTURE.—The term ‘natural water recharge in-
frastructure’ means a single project, a number of 
distributed projects across a watershed, or the rede-
sign and replacement, or removal, of built infra-
structure to incorporate natural aquatic elements, in 
which the project— 
‘‘(A) uses natural materials appropriate to 
the specific site and landscape setting; 
‘‘(B) mimics natural riverine, floodplain, 
riparian, wetland, hydrologic, or other ecological 
processes; and 
‘‘(C) results in aquifer recharge, transient 
floodplain water retention, or restoration of 
water in the landscape such that the water re-
turns to a wetland, riparian area, or surface 
water channel.’’. 
(b) RESEARCH AGREEMENTS.—Section 9504(b)(1) 
of the Omnibus Public Land Management Act of 2009 (42 
U.S.C. 10364(b)(1)) is amended— 
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(1) in the matter preceding subparagraph (A), 
by inserting ‘‘nonprofit conservation organization,’’ 
before ‘‘or organization’’; 
(2) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(3) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(4) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) to increase natural water recharge in-
frastructure; or’’. 
(c) WATER MANAGEMENT IMPROVEMENT.—Section 
9504(e) of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10364(e)) is amended by striking 
‘‘$480,000,000’’ and inserting ‘‘$650,000,000, subject to 
the condition that $50,000,000 of that amount shall be 
used to carry out section 206 of the Energy and Water 
Development and Related Agencies Appropriations Act, 
2015 (43 U.S.C. 620 note; Public Law 113–235)’’. 
(d) CONFORMING AMENDMENT.—Section 4009(d) of 
Public Law 114–322 (42 U.S.C. 10364 note) is amended 
by striking ‘‘on the condition that of that amount, 
$50,000,000 of it is used to carry out section 206 of the 
Energy and Water Development and Related Agencies Ap-
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propriation Act, 2015 (43 U.S.C. 620 note; Public Law 
113–235)’’. 
SEC. 102. RURAL DESALINATION. 
Section 4(a) of the Water Desalination Act of 1996 
(42 U.S.C. 10301 note; Public Law 104–298) is amended 
by striking the second paragraph (1) (relating to projects) 
and inserting the following: 
‘‘(2) PROJECTS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) 
ELIGIBLE
DESALINATION 
PROJECT.—The term ‘eligible desalination 
project’ means any project located in a 
Reclamation State, or for which the con-
struction, operation, sponsorship, or fund-
ing is the responsibility of, and the pri-
mary water supply benefit accrues to, one 
or more entities in a Reclamation State, 
that— 
‘‘(I) involves an ocean or brack-
ish water desalination facility— 
‘‘(aa) constructed, operated, 
and maintained by a State, In-
dian Tribe, irrigation district, 
water district, or other organiza-
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tion with water or power delivery 
authority; or 
‘‘(bb) sponsored or funded 
by any combination of a State, 
department of a State, political 
subdivision of a State, or public 
agency organized pursuant to 
State law, including through— 
‘‘(AA) direct sponsor-
ship or funding; or 
‘‘(BB) indirect sponsor-
ship or funding, such as by 
paying for the water pro-
vided by the facility; and 
‘‘(II) provides a Federal benefit 
in accordance with the reclamation 
laws. 
‘‘(ii) 
RURAL
DESALINATION 
PROJECT.—The term ‘rural desalination 
project’ means an eligible desalination 
project that is designed to serve a commu-
nity or group of communities, each of 
which has a population of not more than 
40,000 inhabitants. 
‘‘(B) COST-SHARING REQUIREMENT.— 
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‘‘(bb) the Secretary deter-
mines that the non-Federal share 
should be reduced under sub-
clause (IV). 
‘‘(IV) REDUCTION IN NON-FED-
ERAL SHARE.—The Secretary may re-
duce the non-Federal share of a rural 
desalination project required under 
subclause (I), (II), or (III) if the Sec-
retary determines, after consultation 
with the heads of any other Federal 
agencies that are partners in the rural 
desalination project and in accordance 
with applicable Reclamation stand-
ards, that the reduction is appropriate 
due to— 
‘‘(aa) an overwhelming Fed-
eral interest in the rural desali-
nation project; and 
‘‘(bb) the sponsor of the 
rural desalination project dem-
onstrating financial hardship. 
‘‘(C) STATE ROLE.—Participation by the 
Secretary in an eligible desalination project 
under this subsection shall not occur unless— 
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‘‘(i)(I) the eligible desalination project 
is included in a State-approved plan; or 
‘‘(II) the participation has been re-
quested by the Governor of the State in 
which the eligible desalination project is lo-
cated; 
‘‘(ii) the State or local sponsor of the 
eligible desalination project determines, 
and the Secretary concurs, that— 
‘‘(I) 
the 
eligible 
desalination 
project— 
‘‘(aa) is technically and fi-
nancially feasible; and 
‘‘(bb) provides a Federal 
benefit in accordance with the 
reclamation laws; and 
‘‘(II) the non-Federal project 
sponsor is financially capable of fund-
ing the non-Federal share of the 
project costs; and 
‘‘(iii) the Secretary submits to Con-
gress a written notification of the deter-
minations under clause (ii) by not later 
than 30 days after the date of the deter-
minations. 
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‘‘(D) ENVIRONMENTAL LAWS.—In partici-
pating in an eligible desalination project under 
this paragraph, the Secretary shall comply with 
all applicable environmental laws, including the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(E) INFORMATION.—In participating in 
an eligible desalination project under this sub-
section, the Secretary— 
‘‘(i) may rely on reports prepared by 
the sponsor of the eligible desalination 
project, including feasibility or equivalent 
studies, environmental analyses, and other 
pertinent reports and analyses; but 
‘‘(ii) shall retain responsibility for 
making the independent determinations de-
scribed in subparagraph (C). 
‘‘(F) FUNDING.— 
‘‘(i) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out this paragraph 
$65,000,000 for the period of fiscal years 
2020 through 2024, of which not less than 
$15,000,000 shall be made available dur-
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ing that period for rural desalination 
projects. 
‘‘(ii) FUNDING
OPPORTUNITY
AN-
NOUNCEMENT.—The Commissioner of Rec-
lamation shall release a funding oppor-
tunity announcement for a grant program 
under this paragraph by not later than 75 
days after the date of enactment of an Act 
that provides funding for the program. 
‘‘(iii) CONGRESSIONAL APPROVAL INI-
TIALLY REQUIRED.— 
‘‘(I) IN GENERAL.—Each initial 
award under this paragraph for de-
sign and study, or for construction, of 
an eligible desalination project shall 
be approved in an appropriations Act. 
‘‘(II) 
RECLAMATION
REC-
OMMENDATIONS.—The Commissioner 
of Reclamation shall submit rec-
ommendations regarding the initial 
award of design and study funding 
and construction funding for consider-
ation under subclause (I) to— 
‘‘(aa) the Committee on Ap-
propriations of the Senate; 
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‘‘(bb) the Committee on En-
ergy and Natural Resources of 
the Senate; 
‘‘(cc) the Committee on Ap-
propriations of the House of Rep-
resentatives; and 
‘‘(dd) the Committee on 
Natural Resources of the House 
of Representatives. 
‘‘(iv) 
SUBSEQUENT
FUNDING 
AWARDS.—After approval by Congress of 
an initial award of design and study fund-
ing or construction funding for an eligible 
desalination project under clause (iii), the 
Commissioner of Reclamation may award 
additional design and study funding or 
construction funding, respectively, for the 
eligible desalination project without further 
congressional approval.’’. 
SEC. 103. EMERGENCY DROUGHT FUNDING. 
(a) FINANCIAL ASSISTANCE.— 
(1) IN GENERAL.—Financial assistance may be 
made available under the Reclamation States Emer-
gency Drought Relief Act of 1991 (43 U.S.C. 2201 
et seq.) for eligible water projects to assist Western 
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States and Tribal governments to address drought- 
related impacts to water supplies or any other imme-
diate water-related crisis or conflict, including 
through voluntary, temporary, and compensated pro-
grams to reduce water demands for the purpose of 
increasing water available in a system or reducing 
water supply-demand imbalances. 
(2) ADDITIONAL AVAILABILITY.—Financial as-
sistance may be made available under this sub-
section to organizations and entities with water de-
livery authority that are— 
(A) engaged in collaborative processes to 
restore the environment; or 
(B) part of a basin-wide solution for res-
toration. 
(3) TYPES OF ASSISTANCE.—Assistance under 
paragraph (1) may include a range of projects, in-
cluding— 
(A) the installation of pumps, temporary 
barriers, or operable gates for water diversion 
and fish protection; 
(B) 
the 
installation 
of 
drought-relief 
groundwater wells for Indian Tribes and in 
wildlife refuges and other environmentally sen-
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