Chimayo Water Supply System and Espanola Filtration Facility Act of 2004
PL 108-354 (S.2511), enacted 10/21/2004

118 STAT. 1400
PUBLIC LAW 108–354—OCT. 21, 2004
Public Law 108–354
108th Congress
An Act
To direct the Secretary of the Interior to conduct a feasibility study of a Chimayo
water supply system, to provide for the planning, design, and construction of
a water supply, reclamation, and filtration facility for Espanola, New Mexico,
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.
This Act may be cited as the ‘‘Chimayo Water Supply System
and Espanola Filtration Facility Act of 2004’’.
TITLE I—CHIMAYO WATER SUPPLY
SYSTEM
SEC. 101. DEFINITIONS.
In this title:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) STUDY AREA.—The term ‘‘study area’’ means the Santa
Cruz River Valley in the eastern margin of the Espanola Basin.
(3) SYSTEM.—The term ‘‘system’’ means a water supply
system described in section 102(a).
(4) TOWN.—The term ‘‘Town’’ means the town of Chimayo,
New Mexico, located in Rio Arriba County and Santa Fe County,
New Mexico.
SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY STUDY.
(a) IN GENERAL.—The Secretary, in cooperation with appro-
priate State and local authorities, shall conduct a study to determine
the feasibility of constructing a water supply system for the Town
in the study area that includes potable water transmission lines,
pump stations, and storage reservoirs.
(b) SCOPE OF STUDY.—In conducting the study under subsection
(a), the Secretary shall—
(1) consider operating the system in connection with the
Espanola Water Filtration Facility;
(2) consider various options for supplying water to the
Town, including connection to a regional water source, local
sources, sources distributed throughout the Town, and sources
located on adjacent Bureau of Land Management land;
(3) consider reusing or recycling water from local or regional
sources;
Chimayo Water
Supply System
and Espanola
Filtration
Facility Act
of 2004.
Oct. 21, 2004
[S. 2511]
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118 STAT. 1401
PUBLIC LAW 108–354—OCT. 21, 2004
(4) consider using alternative water supplies such as sur-
face water, brackish water, nonpotable water, or deep aquifer
groundwater; and
(5) determine the total lifecycle costs of the system,
including—
(A) long-term operation, maintenance, replacement,
and treatment costs of the system; and
(B) management costs (including personnel costs).
(c) DEADLINE FOR STUDY.—As soon as practicable, but not later
than 3 years after the date of enactment of this Act, the Secretary
shall complete the study.
(d) COST SHARING.—The Federal share of the cost of the study
shall be 75 percent.
(e) COORDINATION.—The Secretary shall coordinate activities
of the Bureau of Reclamation, the Bureau of Land Management,
and the United States Geological Survey in the furtherance of
the study, including—
(1) accessing any Bureau of Land Management land adja-
cent to the study area that is necessary to carry out this
section; and
(2) the drilling of any exploratory wells on Bureau of Land
Management land adjacent to the study area that are necessary
to determine water resources available for the Town.
(f) REPORT.—The Secretary shall submit to Congress a report
on the results of the feasibility study not later than the earlier
of—
(1) the date that is 1 year after the date of completion
of the feasibility study; or
(2) the date that is 4 years after the date of enactment
of this Act.
SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT ASSISTANCE.
(a) IN GENERAL.—The Secretary may enter into contracts with
water authorities in the study area to provide emergency water
supply development assistance to any eligible person or entity,
as the Secretary determines to be appropriate.
(b) ELIGIBLE ACTIVITIES.—The Secretary may provide assistance
under subsection (a) for—
(1) hauling water;
(2) the installation of water purification technology at the
community wells or individual point-of-use;
(3) the drilling of wells;
(4) the installation of pump stations and storage reservoirs;
(5) the installation of transmission and distribution pipe-
lines to bring water to individual residential service connec-
tions;
(6) the engineering, design, and installation of an emer-
gency water supply system; and
(7) any other eligible activity, as the Secretary determines
to be appropriate.
(c) COST SHARING.—The Federal share of the cost of any activity
under this section shall be 75 percent.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated—
(1) to carry out section 102, $2,000,000 for the period
of fiscal years 2005 through 2008; and
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(2) to carry out section 103, $3,000,000 for the period
of fiscal years 2005 through 2010.
(b) LIMITATION.—Amounts made available under subsection
(a)(1) shall not be available for the construction of water infrastruc-
ture for the system.
TITLE II—ESPANOLA WATER
FILTRATION FACILITY
SEC. 201. DEFINITIONS.
In this title:
(1) COMPONENT.—The term ‘‘component’’ means a water
delivery infrastructure development described in section 202(b).
(2) FACILITY.—The term ‘‘facility’’ means the Espanola
water filtration facility described in section 202(a).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Commissioner of Reclama-
tion.
SEC. 202. ESPANOLA WATER FILTRATION FACILITY.
(a) IN GENERAL.—The Secretary shall provide financial assist-
ance to the city of Espanola, New Mexico, for the construction
of an Espanola water filtration facility consisting of projects—
(1) to divert and fully use imported water to meet future
demands in the greater Espanola, New Mexico region, including
construction of—
(A) presedimentation basins for removal of sediments;
(B) an influent pump station to supply water into
treatment facilities;
(C) a pretreatment facility;
(D) filtration facilities;
(E) finished water storage facilities;
(F) a finished water booster pump station;
(G) sludge dewatering facilities; and
(H) potable water transmission lines to connect into
the water distribution facilities of the city of Espanola,
New Mexico; and
(2) to use reclaimed water to enhance groundwater
resources and surface water supplies.
(b) PARTICIPATION.—The Secretary may provide financial assist-
ance to the Santa Clara and San Juan Pueblos of New Mexico
and the non-Federal sponsors of the facility for the study, planning,
design, and construction of a water delivery infrastructure develop-
ment for the Santa Clara and San Juan Pueblos as a component
of the facility.
(c) COST SHARING.—The Federal share of the total cost of the
facility and the component shall not exceed 25 percent.
(d) LIMITATION ON USE OF FUNDS.—Funds provided by the
Secretary may not be used for the operation or maintenance of
the facility or the component.
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118 STAT. 1403
PUBLIC LAW 108–354—OCT. 21, 2004
LEGISLATIVE HISTORY—S. 2511:
SENATE REPORTS: No. 108–328 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 15, considered and passed Senate.
Oct. 6, considered and passed House.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the construction
of the facility $3,000,000 for the period of fiscal years 2005 through
2009.
Approved October 21, 2004.
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