IB 
Union Calendar No. 558 
116TH CONGRESS 
2D SESSION 
H. R. 4891 
[Report No. 116–674, Part I] 
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 
DECEMBER 18, 2020 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 18, 2020 
Committee on Science, Space, and Technology discharged; committed to the 
Committee of the Whole House on the State of the Union and ordered 
to be printed 
[For text of introduced bill, see copy of bill as introduced on October 28, 2019] 
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A BILL 
To provide for the conduct of certain water security measures 
in the Western United States, and for other purposes. 
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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 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—INFRASTRUCTURE AND WATER MANAGEMENT 
IMPROVEMENT 
Sec. 101. Watersmart extension and expansion. 
Sec. 102. Emergency drought funding. 
Sec. 103. 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). 
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(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
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 authority, 
the members of which include one or more orga-
nizations with water or power delivery author-
ity; 
‘‘(C) any other organization with water or 
power delivery authority; or 
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‘‘(D) any nonprofit conservation organiza-
tion.’’; 
(3) by redesignating paragraphs (13) through 
(17) as paragraphs (14) through (18), respectively; 
and 
(4) by inserting after paragraph (12) the fol-
lowing: 
‘‘(13) NATURAL WATER RECHARGE INFRASTRUC-
TURE.—The term ‘natural water recharge infrastruc-
ture’ means a single project, a number of distributed 
projects across a watershed, or the redesign and re-
placement, or removal, of built infrastructure to in-
corporate 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.’’. 
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(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— 
(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 
‘‘$530,000,000’’ and inserting ‘‘$700,000,000, 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, 
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$50,000,000 of it is used to carry out section 206 of the 
Energy and Water Development and Related Agencies Ap-
propriation Act, 2015 (43 U.S.C. 620 note; Public Law 
113–235)’’. 
SEC. 102. EMERGENCY DROUGHT FUNDING. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
301 of the Reclamation States Emergency Drought Relief 
Act of 1991 (43 U.S.C. 2241) is amended— 
(1) by striking ‘‘120,000,000’’ and inserting 
‘‘180,000,000’’; and 
(2) by striking ‘‘2020’’ and inserting ‘‘2025, of 
which not more than $30,000,000 shall be made avail-
able during that period for the conduct of actions au-
thorized under title I of the Reclamation States 
Emergency Drought Relief Act of 1991 (43 U.S.C. 
2211 et seq.) to benefit imperiled fish and wildlife’’. 
(b) APPLICABLE PERIOD OF DROUGHT PROGRAM.— 
Section 104 of the Reclamation States Emergency Drought 
Relief Act of 1991 (43 U.S.C. 2214) is amended by striking 
subsection (a) and inserting the following: 
‘‘(a) IN GENERAL.—The programs and authorities es-
tablished under this title shall become operative in any Rec-
lamation State and in the State of Hawaii only— 
‘‘(1) after the Governor or Governors of the af-
fected State or States, or the governing body of an af-
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fected Indian Tribe with respect to a reservation, has 
made a request for temporary drought assistance and 
the Secretary has determined that the temporary as-
sistance is merited; 
‘‘(2) after a drought emergency has been declared 
by the Governor or Governors of the affected State or 
States; or 
‘‘(3) on approval of a drought contingency plan 
as provided in title II.’’. 
(c) REAUTHORIZATION.—Section 104(c) of the Rec-
lamation States Emergency Drought Relief Act of 1991 (43 
U.S.C. 2214(c)) is amended by striking ‘‘2020’’ and insert-
ing ‘‘2030’’. 
SEC. 103. RIO GRANDE PUEBLO IRRIGATION INFRASTRUC-
TURE REAUTHORIZATION. 
Section 9106 of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 1304) is 
amended— 
(1) in subsection (c)(4), by striking ‘‘2 years 
after the date of enactment of this Act, the Secretary 
shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Re-
sources’’ and inserting ‘‘December 31, 2020, the Sec-
retary shall submit to the Committee on Energy and 
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Natural Resources of the Senate and the Committee 
on Natural Resources’’; and 
(2) in subsection (g)(2)— 
(A) by striking ‘‘$6,000,000’’ and inserting 
‘‘such sums as may be necessary’’; and 
(B) by striking ‘‘2010 through 2019’’ and 
inserting ‘‘2020 through 2029’’. 
TITLE II—GROUNDWATER 
MANAGEMENT 
SEC. 201. REAUTHORIZATION AND EXPANSION OF THE 
TRANSBOUNDARY 
AQUIFER 
ASSESSMENT 
PROGRAM. 
(a) DESIGNATION
OF
PRIORITY
TRANSBOUNDARY 
AQUIFERS.—Section 4(c)(2) of the United States-Mexico 
Transboundary Aquifer Assessment Act (42 U.S.C. 1962 
note; Public Law 109–448) is amended by striking ‘‘New 
Mexico or Texas’’ and inserting ‘‘New Mexico, Texas, or Ar-
izona (other than an aquifer underlying Arizona and So-
nora, Mexico, that is partially within the Yuma ground-
water basin designated by the order of the Director of the 
Arizona Department of Water Resources dated June 21, 
1984)’’. 
(b) REAUTHORIZATION.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 8(a) of the United States-Mexico Transboundary 
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Aquifer Assessment Act (42 U.S.C. 1962 note; Public 
Law 109–448) is amended by striking ‘‘fiscal years 
2007 through 2016’’ and inserting ‘‘fiscal years 2021 
through 2029’’. 
(2) SUNSET OF AUTHORITY.—Section 9 of the 
United States-Mexico Transboundary Aquifer Assess-
ment Act (42 U.S.C. 1962 note; Public Law 109–448) 
is amended by striking ‘‘enactment of this Act’’ and 
inserting ‘‘enactment of the Western Water Security 
Act of 2020’’. 
SEC. 202. GROUNDWATER MANAGEMENT ASSESSMENT AND 
IMPROVEMENT. 
Section 9504(a) of the Omnibus Public Land Manage-
ment Act of 2009 (42 U.S.C. 10364(a)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘or carrying out any activity’’ 
after ‘‘any improvement’’; 
(B) by striking subparagraphs (A) through 
(E); 
(C) by redesignating subparagraphs (F) 
through (H) as subparagraphs (B) through (D), 
respectively; 
(D) by inserting before subparagraph (B) 
(as so redesignated) the following: 
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(4) in paragraph (4) (as so redesignated)— 
(A) in subparagraph (B)(i), by striking 
subclause (II) and inserting the following: 
‘‘(II) to use the assistance pro-
vided under a grant or agreement to 
increase the consumptive use of water 
for agricultural operations above the 
pre-project levels, as determined pursu-
ant to the law of the State in which the 
operation of the eligible applicant is 
located.’’; and 
(B) in subparagraph (E)— 
(i) by striking clause (i) and inserting 
the following: 
‘‘(i) FEDERAL SHARE.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), the Federal 
share of the cost of any infrastructure 
improvement or activity that is the 
subject of a grant or other agreement 
entered into between the Secretary and 
an eligible applicant under paragraph 
(1) shall not exceed 50 percent of the 
cost of the infrastructure improvement 
or activity. 
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‘‘(II) INCREASED FEDERAL SHARE 
FOR
CERTAIN
INFRASTRUCTURE
IM-
PROVEMENTS AND ACTIVITIES.— 
‘‘(aa) 
IN
GENERAL.—The 
Federal share of the cost of an in-
frastructure improvement or ac-
tivity described in item (bb) shall 
not exceed 75 percent of the cost of 
the infrastructure improvement or 
activity. 
‘‘(bb) INFRASTRUCTURE
IM-
PROVEMENTS AND ACTIVITIES DE-
SCRIBED.—An infrastructure im-
provement or activity referred to 
in item (aa) is an infrastructure 
improvement or activity that pro-
vides 
benefits 
to 
consumptive 
water users and nonconsumptive 
ecological or recreational values 
in which— 
‘‘(AA) in the case of an 
infrastructure 
improvement 
or activity that conserves 
water, the conserved water is 
returned to a surface water 
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source with ecological or rec-
reational benefits; or 
‘‘(BB) in the case of 
other infrastructure improve-
ments or activities, the ma-
jority of the benefits are non-
consumptive 
ecological 
or 
recreational benefits.’’; and 
(ii) in clause (ii), in the matter pre-
ceding subclause (I), by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraph (3)’’. 
SEC. 203. SURFACE AND GROUNDWATER WATER AVAIL-
ABILITY AND THE ENERGY NEXUS. 
Section 9508(d)(3) of the Omnibus Public Land Man-
agement Act of 2009 (42 U.S.C. 10368(d)(3)) is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the semi-
colon and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) oil, gas, and mineral development 
under the Mineral Leasing Act (30 U.S.C. 181 et 
seq.), the Act of May 11, 1938 (commonly known 
as the ‘Indian Mineral Leasing Act of 1938’) (25 
U.S.C. 396a et seq.), sections 2319 through 2344 
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of the Revised Statutes (commonly known as the 
‘Mining Law of 1872’) (30 U.S.C. 22 et seq.), 
and the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.);’’. 
TITLE 
III—WATER 
CONSERVA-
TION AND ENVIRONMENTAL 
RESTORATION 
SEC. 301. DEFINITIONS. 
In this title: 
(1) BASIN.—The term ‘‘Basin’’— 
(A) is limited to areas within the State; 
and 
(B) means each of— 
(i) the Upper Rio Grande Basin; 
(ii) the Middle Rio Grande Basin; 
(iii) the Lower Rio Grande Basin; 
(iv) the Lower Pecos River Basin; 
(v) the Gila River Basin; 
(vi) the Canadian River Basin; 
(vii) the San Francisco River Basin; 
and 
(viii) the San Juan River Basin. 
(2) DISTRICT.—The term ‘‘District’’ means— 
(A) the Middle Rio Grande Conservancy 
District; 
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(B) the Elephant Butte Irrigation District; 
(C) the Carlsbad Irrigation District; 
(D) the Arch Hurley Conservancy District; 
(E) the Pecos Valley Artesian Conservation 
District; or 
(F) the San Juan Water Commission. 
(3) PUEBLO.—The term ‘‘Pueblo’’ means each of 
the following pueblos in the State: 
(A) Cochiti. 
(B) Santo Domingo. 
(C) San Felipe. 
(D) Santa Ana. 
(E) Sandia. 
(F) Isleta. 
SEC. 302. WATER ACQUISITION PROGRAM. 
(a) AUTHORIZATION.—The Secretary, acting through 
the Commissioner of Reclamation, shall carry out in the 
Basins a water acquisition program in coordination with 
the other appropriate Federal agencies, State agencies, and 
non-Federal stakeholders, under which the Secretary shall— 
(1) make acquisitions, or assist the State or a 
District in making acquisitions, of water in the Ba-
sins by lease or purchase of water rights or contrac-
tual entitlements from willing lessors or sellers, con-
sistent with section 8 of the Act of June 17, 1902 (43 
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U.S.C. 383), the Rio Grande Compact, and applicable 
State law relating to the acquisition and administra-
tion of water rights; and 
(2) take any other actions, consistent with sec-
tion 8 of the Act of June 17, 1902 (43 U.S.C. 383), 
the Rio Grande Compact, and applicable State law, 
that the Secretary determines would achieve the pur-
poses of the water acquisition program described in 
subsection (b). 
(b) PURPOSES.—The purposes of the water acquisition 
program are— 
(1) to enhance stream flow to benefit fish and 
wildlife (including endangered species), water quality, 
and river ecosystem restoration in the Basins; 
(2) to enhance stewardship and conservation of 
working land, water, and watersheds in the Basins, 
consistent with the purpose described in paragraph 
(1); and 
(3) to address water supply-demand imbalances 
in the Basins, consistent with State law and the pur-
pose described in paragraph (1). 
(c) COORDINATION.—To assist in developing and ad-
ministering the program, the Secretary may provide funds 
to the State, a District, or a federally established nonprofit 
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entity with particular expertise in western water trans-
actions. 
(d) DISTRICT PROJECTS.—Subject to the Rio Grande 
Compact and applicable State law, the Secretary may de-
velop programs to provide— 
(1) cost-share assistance to a District to reduce 
water depletions by agricultural producers and 
irrigators in that District by making irrigation sys-
tem improvements and increasing system efficiency; 
(2) incentives to a District for the establishment 
of a water leasing program from willing lessors for 
agricultural producers and irrigators in that District 
to temporarily lease pre-1907 water rights (instead of 
permanent severance from irrigable land) for the pur-
pose of providing benefits to species listed as threat-
ened or endangered under the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.) and other river eco-
system benefits; and 
(3) cost-share assistance to a District to imple-
ment infrastructure or operational changes that will 
allow for effective management of a leasing program, 
while maintaining adequate water deliveries to other 
agricultural producers and irrigators. 
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SEC. 303. MIDDLE RIO GRANDE WATER CONSERVATION. 
(a) IN GENERAL.—The Secretary, in cooperation with 
a District and in consultation with the Pueblos, may pro-
vide funding and technical assistance for the installation 
of metering and measurement devices and the construction 
of check structures on irrigation diversions, canals, laterals, 
ditches, and drains— 
(1) to ensure the conservation and efficient use 
of water within that District by— 
(A) reducing actual consumptive use; or 
(B) not increasing the use of water; and 
(2) to improve the measurement and allocation 
of water, including water acquired through the water 
acquisition program established under section 302. 
(b) 
RIO
GRANDE, 
SAN
ACACIA, 
AND
ISLETA 
REACHES.— 
(1) IN GENERAL.—The Secretary shall provide 
for the development of a comprehensive plan for the 
San Acacia and Isleta reaches to plan, design, per-
mit, construct, and prioritize projects that balance 
river maintenance, water availability, use, and deliv-
ery, and ecosystem benefits, including— 
(A) planning, permitting, and construction 
of a pumping station at Bosque del Apache Na-
tional Wildlife Refuge for the purpose of more ef-
ficiently using water to provide— 
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(i) a stable supply for the Refuge; and 
(ii) an efficient and reliable supply of 
water to the Rio Grande for the benefit of 
the endangered silvery minnow and South-
western willow flycatcher; 
(B) planning, permitting, and construction 
of a river channel realignment project near the 
Rio Grande mile-83 for the purpose of conveying 
water and sediment through the reach to Ele-
phant Butte Reservoir and addressing river 
channel aggradation while maintaining flood-
plain connectivity during the snowmelt runoff; 
(C) planning, permitting, and construction 
of a controlled outlet for the low flow conveyance 
channel to the Rio Grande between Fort Craig, 
New Mexico, and Rio Grande mile-60 for the 
purpose of water use and delivery, enhancement 
and development of habitat areas, and possible 
creation of a single-channel river ecosystem; and 
(D) development of a Lower Reach plan— 
(i) to identify additional projects and 
maintenance activities with water use, sedi-
ment management, and delivery and eco-
system benefits; and 
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(ii) to prioritize implementation of all 
projects and activities. 
(2) PUBLIC
PARTICIPATION.—In carrying out 
this subsection, the Secretary shall provide a process 
for public participation and comment during plan 
development and alternative analysis. 
SEC. 304. SUSTAINING BIODIVERSITY DURING DROUGHTS. 
Section 9503(b) of the Omnibus Public Land Manage-
ment Act of 2009 (42 U.S.C. 10363(b)) is amended— 
(1) in paragraph (3)(D), by inserting ‘‘and na-
tive biodiversity’’ after ‘‘wildlife habitat’’; and 
(2) in paragraph (4)(B), by inserting ‘‘and 
drought biodiversity plans to address sustaining na-
tive biodiversity during periods of drought’’ after 
‘‘restoration plans’’. 
SEC. 305. REAUTHORIZATION OF COOPERATIVE WATER-
SHED MANAGEMENT PROGRAM. 
Section 6002(g)(4) of the Omnibus Public Land Man-
agement Act of 2009 (16 U.S.C. 1015a(g)(4)) is amended 
by striking ‘‘2020’’ and inserting ‘‘2031’’. 
TITLE IV—EFFECT ON EXISTING 
LAW 
SEC. 401. EFFECT ON EXISTING LAW. 
(a) IN GENERAL.—An action taken by the Secretary 
or another entity under this Act or an amendment made 
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by this Act shall comply with applicable State laws in effect 
on the date of enactment of this Act. 
(b) STATE LAW.—Nothing in this Act or an amend-
ment made by this Act affects, is intended to affect, or inter-
feres with a law of the State relating to the control, appro-
priation, use, or distribution of water, or any vested right 
acquired under the law. 
(c) RIO GRANDE COMPACT.—Nothing in this Act or 
an amendment made by this Act affects or is intended to 
affect or interfere with any obligation of a State under the 
Rio Grande Compact or any litigation relating to the Rio 
Grande Compact. 
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Union Calendar No. 558 
116TH CONGRESS 
2D SESSION 
H. R. 4891 
[Report No. 116–674, Part I] 
A BILL 
To provide for the conduct of certain water security 
measures in the Western United States, and for 
other purposes. 
DECEMBER 18, 2020 
Reported from the Committee on Natural Resources with 
an amendment 
DECEMBER 18, 2020 
Committee on Science, Space, and Technology dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
VerDate Sep 11 2014 
21:03 Dec 18, 2020
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H4891
pamtmann on DSKBC07HB2PROD with BILLS