I 117th CONGRESS 2d Session H. R. 7793 IN THE HOUSE OF REPRESENTATIVES May 17, 2022 Ms. Stansbury (for herself, Ms. Leger Fernandez , Mr. Neguse , Mr. Perlmutter , and Ms. Herrell ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the water security of the Rio Grande Basin, to reauthorize irrigation infrastructure grants, and for other purposes.

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. I Rio Grande water security 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). 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. 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. 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. II Pueblo irrigation 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. .