I
106TH CONGRESS
2D SESSION
H. R. 4726
To further continued economic viability in the communities on the southern
High Plains by promoting sustainable groundwater management of the
southern Ogallala Aquifer.
IN THE HOUSE OF REPRESENTATIVES
JUNE 22, 2000
Mr. UDALL of New Mexico introduced the following bill; which was referred
to the Committee on Resources, and in addition to the Committee on Ag-
riculture, 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 further continued economic viability in the communities
on the southern High Plains by promoting sustainable
groundwater management of the southern Ogallala Aqui-
fer.
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 ‘‘Southern High Plains
Groundwater Resource Conservation Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress makes the following find-
ings:
(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 and the Ogallala
Aquifer are closely related hydrogeographic struc-
tures. The High Plains Aquifer consists largely of
the Ogallala Aquifer with small components of other
geologic units.
(3) The High Plains Aquifer experienced a dra-
matic decline in water table levels in the latter half
of the twentieth century. The average weighted de-
cline in the aquifer from 1950 to 1997 was 12.6 feet
(USGS Fact Sheet 124–99, Dec. 1999).
(4) The decline in water table levels is espe-
cially pronounced in the Southern Ogallala Aquifer,
reporting that large areas in the States of Kansas,
New Mexico, and Texas experienced declines of over
100 feet in that period (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 survey has reported that the percentage of
the High Plains Aquifer which has a saturated
thickness of 100 feet or more declined from 54 per-
cent 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.
(‘‘External Effects of Irrigators’ Pumping Decisions,
High Plains Aquifer’’ Alley and Schefter, American
Geophysical Union paper #7W0326; Water Re-
sources Research, Vol. 23, No. 7 1123–1130, July
1987).
(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 very 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 Southern
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.
(b) PURPOSES.—To promote groundwater conserva-
tion on the Southern High Plains in order to extend the
usable life of the Southern Ogallala Aquifer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) HIGH PLAINS AQUIFER.—The term ‘‘High
Plains Aquifer’’ means the groundwater reserve de-
picted as Figure 1 in the United States Geological
Survey 
Professional 
Paper 
1400–B, 
titled
‘‘Geohydrology of the High Plains Aquifer in Parts
of Colorado, Kansas, Nebraska, New Mexico, Okla-
homa, South Dakota, Texas, and Wyoming’’.
SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONI-
TORING PROGRAM.
(a) IN GENERAL.—The Secretary of the Interior,
working though the United States Geological Survey, shall
develop a comprehensive hydrologic mapping, modeling,
and monitoring program for the Southern Ogallala Aqui-
fer. The program shall include on a county-by-county
basis—
(1) a map of the hydrological configuration of
the 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 Aquifer;
(C) the degree to which aquifer compaction
caused by pumping and recharge methods in
impacting the storage and recharge capacity of
the groundwater body; and
(D) the current and past rate of loss of
saturated thickness within the Aquifer.
(b) ANNUAL REPORT.—Not later than one year after
the enactment of this Act, and annually thereafter, the
Secretary shall submit a report on the status of the South-
ern Ogallala Aquifer to the Committee on Energy and
Natural Resources of the Senate, the Committee on Re-
sources of the House of Representatives, and the Gov-
ernors of the States of New Mexico, Oklahoma, Texas,
Colorado, and Kansas.
SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE.
(a) FEDERAL ASSISTANCE.—The Secretary of Agri-
culture, working through the Natural Resources Conserva-
tion Service, shall establish a groundwater conservation
assistance program for Southern Ogallala Aquifer.
(b) DESIGN AND PLANNING.—The Secretary shall
provide financial and technical assistance, including mod-
eling and engineering design to States, tribes, and coun-
ties, conservation districts, or other political subdivisions
recognized under State law, for the development of com-
prehensive groundwater conservation plans within the
Southern High Plains. This assistance shall be provided
on a cost-share basis ensuring that—
(1) the Federal funding for the development of
any given plan shall not exceed 50 percent of the
cost; and
(2) the Federal funding for groundwater water
conservation planning for any one county, conserva-
tion district, or similar political subdivision recog-
nized under State law shall not exceed $50,000.
(c) CERTIFICATION.—The Secretary shall create a
certification process for comprehensive groundwater con-
servation plans developed under this program, or devel-
oped independently by States, tribes, counties, or other po-
litical subdivisions recognized under State law. To be cer-
tified, a plan must—
(1) cover a sufficient geographic area to provide
a benefit to the groundwater resource over at least
a 20 year period;
(2) include a set of goals for water conserva-
tion; and
(3) include a process for an annual evaluation
of the plan’s implementation to allow for modifica-
tions if goals are not being met.
SEC. 6. IMPLEMENTATION ASSISTANCE.
(a) IN GENERAL.—Farming operations within juris-
dictions which have a certified conservation plan in accord-
ance with section 5(c) shall be eligible assistance for
projects described in subsection (b).
(b) ELIGIBLE PROJECTS.—Projects eligible for as-
sistance under subsection (a) are as follows:
(1) WATER
CONSERVATION
COST-SHARE
AS-
SISTANCE.—The Secretary, working through the
Natural Resources Conservation Service, may pro-
vide grants to individual farming operations of up to
$50,000 for implementing on farm water conserva-
tion measures including the improvement of irriga-
tion systems and the purchase of new equipment.
The Federal share of the water conservation invest-
ment in any one operation be no greater than 50
percent.
(2) IRRIGATED LAND RESERVE.—Through the
2020 calendar year, the Secretary shall formulate
and carry out the enrollment of lands in a ground-
water conservation reserve program through the use
of multiple year contracts for irrigated lands which
would result in significant per acre savings of
groundwater resources if converted to dryland agri-
culture.
(3) CONSERVATION
RESERVE
PROGRAM
EN-
HANCEMENT.—Lands eligible for the Conservation
Reserve Program established under section 1231 of
the Food Security Act of 1985 which would result
in significant per acre savings of groundwater re-
sources if removed from agricultural production shall
be awarded 20 Conservation Reserve Program bid
points, to be designated as groundwater conservation
points, in addition to any other ratings the lands
may receive.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated—
(1) $5,000,000 annually through fiscal year
2020 for hydrologic mapping, modeling, and moni-
toring under this Act;
(2) $5,000,000 annually through fiscal year
2020 for groundwater conservation planning, design,
and plan certification under this Act;
(3) $30,000,000 annually through fiscal year
2020 for cost-share assistance for on farm water
conservation measures; and
(4) $30,000,000 annually through fiscal year
2020 for enrollment of lands in an Irrigated Lands
Reserve.
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