Rio Grande Water Security Act
Bill: H.R.7793 | Sponsor: Rep. Stansbury, Melanie Ann (D-NM)
Policy area: Water Resources Development

Summary:
Rio Grande Water Security Act
This bill requires the Department of the Interior to develop and implement an integrated water resources management plan (i.e., the Basin Plan) for the Rio Grande Basin and reauthorizes an irrigation infrastructure grant program for Rio Grande Pueblos tribes.
Specifically, Interior must convene a working group of designated federal agencies to collaborate with the Basin States (Colorado, New Mexico, and Texas), Indian tribes, local governments, irrigation districts, and other partners to develop and implement a plan for improving the basin's water security and quality, river and watershed health, and resilience to drought. The plan must include (1) project recommendations for updating reservoir operations, increasing water conservation, and improving infrastructure; (2) a list of potential changes that may be needed to existing federal authorities to implement the plan; and (3) a 30-year implementation time line.
After the plan is submitted to Congress, relevant agencies may implement recommended projects. Agencies may also waive cost-sharing requirements for projects that demonstrate significant public benefits.
The bill also reauthorizes an irrigation infrastructure grant program that permits the Bureau of Reclamation to provide grants and enter into agreements with the Rio Grande Pueblos tribes for repairing and replacing Pueblo irrigation infrastructure to (1) increase water use efficiency and agricultural productivity, (2) conserve water, and (3) enhance water management.

To provide for the water security of the Rio Grande Basin, to 
 reauthorize irrigation infrastructure grants, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Rio Grande Water 
Security Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--RIO GRANDE WATER SECURITY

Sec. 101. Definitions.
Sec. 102. Integrated water resources management plan for the Rio Grande 
                            Basin.
Sec. 103. Rio Grande Basin Working Group.
Sec. 104. Effect of title.
                      TITLE II--PUEBLO IRRIGATION

Sec. 201. Reauthorization of Pueblo irrigation infrastructure grants.

                   TITLE I--RIO GRANDE WATER SECURITY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Basin plan.--The term ``Basin Plan'' means the 
        integrated water resources management plan for the Rio Grande 
        Basin developed under section 102(a).
            (2) Basin state.--The term ``Basin State'' means each of 
        the following States:
                    (A) Colorado.
                    (B) New Mexico.
                    (C) Texas.
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) Nature-based feature.--The term ``nature-based 
        feature'' has the meaning given the term in section 9502 of the 
        Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362).
            (5) Rio grande basin.--The term ``Rio Grande Basin'' means 
        the mainstem of the Rio Grande from the headwaters of the Rio 
        Grande in Colorado to the mouth of the Rio Grande in Texas and 
        any hydrologically connected groundwater, aquifers, and 
        tributaries, including tributaries that provide water via basin 
        transfers.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Working group.--The term ``Working Group'' means the 
        Rio Grande Basin Working Group convened under section 102(a).

SEC. 102. INTEGRATED WATER RESOURCES MANAGEMENT PLAN FOR THE RIO GRANDE 
              BASIN.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall convene a Federal Working 
Group, to be known as the ``Rio Grande Basin Working Group'', to 
consult and collaborate with the Basin States, Indian Tribes, units of 
local government, irrigation districts, conservation districts, 
acequias, land grant-mercedes, and other local partners in the Rio 
Grande Basin to develop and implement an integrated water resources 
management plan for the Rio Grande Basin using the best available 
science, data, and local knowledge.
    (b) Purpose.--The purpose of the Basin Plan is to improve--
            (1) water security and quality for communities throughout 
        the Rio Grande Basin;
            (2) river and watershed health for ecosystems, fish, and 
        wildlife in the Rio Grande Basin;
            (3) the resilience of communities and ecosystems in the Rio 
        Grande Basin to drought and hydrologic change; and
            (4) consultation, collaboration, and partnerships among 
        Federal agencies, Basin States, Indian Tribes, and local 
        partners within the Rio Grande Basin.
    (c) Requirements.--The Basin Plan shall include--
            (1) a list of recommended projects and activities to 
        achieve the purpose described in subsection (b), using the best 
        available science for current and future conditions in the Rio 
        Grande Basin, including recommendations for--
                    (A) improving infrastructure design, maintenance, 
                repair, planning, management, and operations throughout 
                the Rio Grande Basin;
                    (B) improving science, data, monitoring, and 
                collaboration to improve understanding of the Rio 
                Grande Basin, including--
                            (i) the hydrology and other processes of 
                        the Rio Grande Basin; and
                            (ii) the long-term availability of water 
                        across the Rio Grande Basin;
                    (C) increasing water conservation in the Rio Grande 
                Basin through partnerships with communities and water 
                users;
                    (D) investments in nature-based features, 
                infrastructure, and habitat improvements to improve 
                river health, resilience, water security, and hazard 
                mitigation in the Rio Grande Basin;
                    (E) updating reservoir operations authorities and 
                water control manuals; and
                    (F) improving consultation, collaboration, and 
                partnerships throughout the Rio Grande Basin to achieve 
                the objectives described in subparagraphs (A) through 
                (E);
            (2) a list of potential changes to existing Federal 
        authorities that may be needed to implement the Basin Plan; and
            (3) a timeline for implementing the Basin Plan over a 30-
        year period.
    (d) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall--
            (1) submit the Basin Plan to--
                    (A) the appropriate committees of Congress; and
                    (B) the Basin States, Indian Tribes located within 
                the Rio Grande Basin, and local partners; and
            (2) make the Basin Plan publicly available online.
    (e) Implementation.--
            (1) In general.--On submission of the Basin Plan to 
        Congress under subsection (d)(1)(A), the relevant agencies of 
        the Working Group may implement recommended projects and 
        activities from the Basin Plan to achieve the purposes of this 
        title, including--
                    (A) water conservation and restoration projects;
                    (B) streamflow and groundwater recharge 
                improvements;
                    (C) optimization of Federal project management, 
                including--
                            (i) improvements and flexibility in 
                        reservoir, irrigation, and flood control 
                        project operations; and
                            (ii) updates and amendments to particular 
                        reservoir operations authorities, contracts, 
                        and water control manuals within the Rio Grande 
                        Basin, consistent with the recommendations 
                        provided in subsection (c)(1)(E);
                    (D) studies of relevant projects and activities 
                requiring further authorization;
                    (E) the establishment of a collaborative science, 
                data, and monitoring program for the Rio Grande Basin; 
                and
                    (F) the establishment of a coordinated technical 
                assistance program to support Rio Grande Basin 
                stakeholders in accessing resources and programs to 
                achieve the purposes of this title.
            (2) Waiver.--In implementing this subsection, the relevant 
        agencies of the Working Group may waive or reduce Federal cost-
        share requirements for projects and activities that demonstrate 
        significant public benefits in accordance with the purpose 
        described in subsection (b).
    (f) Requirements.--The projects and activities implemented pursuant 
to subsection (e) shall be--
            (1) subject to required authorization and appropriation by 
        Congress;
            (2) contingent on the completion of applicable feasibility 
        studies, environmental reviews, and cost-benefit analyses that 
        include favorable recommendations for the proposed projects and 
        activities; and
            (3) implemented--
                    (A) in accordance with applicable law, including--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                    (B) in consultation with and in accordance with 
                State, Tribal, and local authorities in the Basin 
                States;
                    (C) in accordance with interstate and international 
                agreements applicable to the Rio Grande Basin; and
                    (D) in accordance with the water rights of any 
                Indian Tribe or agreements between any Indian Tribe and 
                the United States.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the heads of the agencies represented on the Working 
Group such sums as are necessary to carry out this title for each of 
fiscal years 2023 through 2052.

SEC. 103. RIO GRANDE BASIN WORKING GROUP.

    (a) Composition.--The Working Group shall be composed of the 
following members:
            (1) The Administrator of the Environmental Protection 
        Agency.
            (2) The Assistant Secretary of the Army for Civil Works.
            (3) The Chief of the Forest Service.
            (4) The Chief of the Natural Resources Conservation 
        Service.
            (5) The Commissioner of the International Boundary and 
        Water Commission.
            (6) The Commissioner of Reclamation.
            (7) The Director of any National Laboratory located in a 
        Basin State.
            (8) The Director of the Bureau of Indian Affairs.
            (9) The Director of the Bureau of Land Management.
            (10) The Director of the National Park Service.
            (11) The Director of the United States Fish and Wildlife 
        Service.
            (12) The Director of the United States Geological Survey.
            (13) The Secretary of Energy.
            (14) The Under Secretary for Rural Development.
            (15) The heads of any other relevant Federal agencies, as 
        determined to be appropriate by a majority of the members of 
        the Working Group described in paragraphs (1) through (14).
    (b) Duties.--The Working Group shall consult, collaborate, and work 
with Basin States, Indian Tribes located within the Rio Grande Basin, 
and local partners--
            (1) to develop and implement a Basin Plan; and
            (2) on submission of the Basin Plan to Congress under 
        section 102(d)(1)(A), to support ongoing collaboration across 
        the Rio Grande Basin among Federal stakeholders and non-Federal 
        stakeholders within the Rio Grande Basin.

SEC. 104. EFFECT OF TITLE.

    Nothing in this title--
            (1) affects, waives, abrogates, diminishes, defines, or 
        interprets any water right of any Indian Tribe or agreement 
        between any Indian Tribe and the United States;
            (2) affects a contract or benefit in existence on the date 
        of enactment of this Act that was executed pursuant to the 
        reclamation laws, unless otherwise agreed to by the parties to 
        the contract or benefit;
            (3) affects any interstate or international agreement 
        regarding the Rio Grande and the waters of the Rio Grande, or 
        any other interstate compact or agreement regarding water;
            (4) affects any ongoing treaty obligations; or
            (5) limits or affects any Basin State or Indian Tribe in 
        the management of water quantity or quality in accordance with 
        State or Tribal laws, as applicable.

                      TITLE II--PUEBLO IRRIGATION

SEC. 201. REAUTHORIZATION OF PUEBLO IRRIGATION INFRASTRUCTURE GRANTS.

    Section 9106(g)(2) of the Omnibus Public Land Management Act of 
2009 (Public Law 111-11; 123 Stat. 1309) is amended--
            (1) by striking ``is authorized'' and inserting ``are 
        authorized''; and
            (2) by striking ``$6,000,000'' and all that follows through 
        the period at the end and inserting ``such sums as are 
        necessary for each of fiscal years 2022 through 2032.''.
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