II 
109TH CONGRESS 
2D SESSION 
H. R. 5110 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 6, 2006 
Received 
AN ACT 
To facilitate the use for irrigation and other purposes of 
water produced in connection with development of energy 
resources. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘More Water and More 
Energy Act of 2006’’. 
SEC. 2. PRODUCED WATER. 
The Water Resources Research Act of 1984 (42 
U.S.C. 10301 et seq.) is amended by adding at the end 
thereof a new section, as follows: 
‘‘SEC. 112. PRODUCED WATER. 
‘‘(a) STUDY.—The Secretary, acting through the 
Commissioner of Reclamation and the Director of the 
United States Geological Survey, shall conduct a study to 
identify— 
‘‘(1) the technical, economic, environmental (in-
cluding potential adverse effects on water quality), 
legal, and other obstacles to increasing the extent to 
which produced water can be used for irrigation and 
other purposes; and 
‘‘(2) the legislative, administrative, and other 
actions that could reduce or eliminate such obsta-
cles. 
‘‘(b) REPORT.—Not later than one year after the 
date of the enactment of this section, the Secretary shall 
report to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate regarding the results of the 
study required by this section. 
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‘‘(c) PROJECTS AUTHORIZED.— 
‘‘(1) In the implementation of authority avail-
able to the Secretary prior to the date of enactment 
of this section and subject to the availability of 
funds appropriated for the purpose, the following 
projects are authorized: 
‘‘(A) At least one project in one of the 
Upper Basin States. 
‘‘(B) At least one project in one of the 
Lower Basin States other than California. 
‘‘(C) At least one project in California. 
‘‘(2) Funds obligated under this subsection— 
‘‘(A) shall not exceed $1,000,000 for any 
project; 
‘‘(B) shall be used to pay not more than 
50 percent of the total cost of a project; 
‘‘(C) shall not be used for operation or 
maintenance of any facility; and 
‘‘(D) may be in addition to assistance pro-
vided by the United States pursuant to other 
provisions of law. 
‘‘(d) ADDITIONAL CONSULTATION, REVIEW, ADVICE, 
AND COMMENT.—In implementing this section, including 
preparation of the report required by subsection (b) and 
the establishment of criteria to be used in connection with 
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award of assistance pursuant to subsection (c), the Sec-
retary shall— 
‘‘(1) consult with the Secretary of Energy, the 
Administrator of the Environmental Protection 
Agency, and appropriate Governors and local offi-
cials; 
‘‘(2) review any relevant information developed 
in connection with research carried out by others, in-
cluding research carried out pursuant to section 999 
of Public Law 109–58, and to the extent the Sec-
retary considers advisable include such information 
in the report required by paragraph (3); 
‘‘(3) seek the advice of individuals with relevant 
professional or academic expertise and of companies 
or individuals with industrial experience, particularly 
experience related to production of oil, natural gas, 
or other energy resources, including geothermal re-
sources; and 
‘‘(4) solicit comments and suggestions from the 
public. 
‘‘(e) RELATIONSHIP TO STATE LAWS AND INTER-
STATE AUTHORITIES AND COMPACTS.—Nothing in this 
section shall be construed as superseding, modifying, abro-
gating, or limiting— 
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‘‘(1) the effect of any State law or any inter-
state authority or compact with regard to any use of 
water or the regulation of water quantity or quality; 
or 
‘‘(2) the applicability or effect of any Federal 
law or regulation. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘produced water’ means water 
from an underground source, that is brought to the 
surface as part of the process of exploration for or 
development of oil, natural gas, coalbed methane, or 
any other substance to be used as an energy source. 
‘‘(2) The term ‘Secretary’ means the Secretary 
of the Interior. 
‘‘(3) The term ‘Upper Basin States’ means the 
States of Colorado, New Mexico, Utah, and Wyo-
ming. 
‘‘(4) The term ‘Lower Basin States’ means the 
States of Arizona, California, and Nevada. 
‘‘(5) The term ‘project’ means the provision of 
financial assistance for the development of a facility 
to demonstrate the feasibility, effectiveness, and 
safety of processes to increase the extent to which 
produced water may be recovered and made suitable 
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