II 118th CONGRESS 1st Session S. 2077 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Luján (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Agriculture Improvement and Reform Act of 1996 to ensure that producers who rely on acequia systems have access to drought protections, and for other purposes.

1. Short title This Act may be cited as the Acequia Communities Empowered by Qualifying Upgrades for Infrastructure Act . 2. Findings Congress finds the following: (1) Water delivery systems known as acequias, or community ditches, are a centuries-old system used for water distribution. (2) A combination of Spanish and Indigenous irrigation methods, acequias were expanded in New Mexico during the 16th century to allow for farming to sustain the needs of the community. (3) Acequias are a vital component of the economy of the State of New Mexico (referred to in this section as the State ). (4) Acequias are a centuries-old form of water governance and are recognized as political subdivisions of the State. (5) Acequias consist of water rights holders, often called parciantes, who are responsible for the upkeep and maintenance of the acequias and who internally elect a board to monitor and administer surface water rights. (6) In the State, acequias have created a cultural landscape and way of life centered around local agriculture, water governance, and a custom of sharing scarce water. (7) Acequias— (A) play an integral role in maintaining forest and watershed health; (B) serve as examples of responsible land and water stewardship by providing benefits such as groundwater recharge, flood attenuation, and groundwater contaminants filtration; and (C) support native vegetation and provide habitat for wildlife species. (8) Despite their contribution to local food production and watershed stewardship, acequias are managing already limited water resources under conditions of aridification, changing irrigation and growing seasons, and encroachment of invasive species. (9) To address crop loss, planting challenges, and yield reductions, parciantes rely on direct financial assistance from Department of Agriculture programs, including the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). 3. Ensuring farmers and ranchers have access to drought and disaster protections Section 196(c)(2) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(c)(2) ) is amended by adding at the end the following: (C) Acequia systems On making a determination described in subsection (a)(3) for producers who rely on acequia systems, the Secretary shall provide assistance under this section to those producers from all losses suffered as a result of the cause described in subsection (a)(3). . 4. Special use permits not required for routine maintenance and minor improvements of acequias (a) Definitions In this section: (1) Acequia The term acequia has the meaning of the term community ditch as that term is construed under New Mexico Stat. 73–2–27. (2) Community user The term community user means an employee, contractor, delegate, representative, volunteer, or other authorized personnel of the governing body of an acequia. (3) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior. (b) Prohibition A special use permit shall not be required for— (1) the presence or use of an acequia on Federal land or the use of the water therein; or (2) routine maintenance and minor improvements described in subsection (c) conducted by a community user or governing body of an acequia on an acequia on Federal land. (c) Routine maintenance and minor improvements described Routine maintenance and minor improvements referred to in subsection (b)(2) are— (1) cleaning, maintenance, repair, or replacement-in-kind of infrastructure; (2) annual ditch cleaning, including removal of silt; and (3) any other traditional activity that preserves the state of the acequia, as agreed to in writing by the Secretary concerned and the governing body of the acequia. 5. Department of Agriculture reporting Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that includes the following information: (1) The number of agricultural producers in the most recent calendar year who rely on acequia systems or other traditional infrastructure that is vulnerable to drought conditions. (2) The amount of assistance provided under the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) to producers described in subsection (c)(2)(C) of that section, in each county, during the most recent calendar year. (3) An analysis of the ability of agricultural producers who rely on acequia systems or other traditional infrastructure that is vulnerable to drought conditions to access all programs administered by the Farm Service Agency and the Natural Resources Conservation Service. (4) A summary of any Department of Agriculture programs or initiatives in the most recent calendar year that provide technical or financial assistance targeted to agricultural producers who rely on acequia systems or other traditional infrastructure that is vulnerable to drought conditions.