Rio Grande American Canal Extension Act of 1990
PL 101-438 (H.R.4758), enacted 10/18/1990

PUBLIC LAW 101-438—OCT. 18, 1990 
104 STAT. 1001 
Public Law 101-438 
101st Congress 
An Act 
To provide for the construction, operation, and maintenance of an extension of the 
Oct. 18, 1990 
American Canal at El Paso, Texas. 
[H.R. 4758] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
^^° Grande 
American Canal 
SECTION 1. SHORT TITLE. 
Extension Act of 
1990. 
This Act may be cited as the "Rio Grande American Canal 
Extension Act of 1990". 
SEC. 2. FINDINGS. 
The Congress Unds the following: 
(1) The Riverside Dam on the international reach of the Rio 
Grande River at El Paso, Texas, provides the water used to 
irrigate nearly 32,000 acres of farmland in the United States. 
(2) In June 1987, the Riverside Dam failed, and the temporary 
replacement structure now in place on the river cannot be 
relied upon to guarantee the continued provision of these 
waters to the United States. 
(3) Building a permanent structure in an international reach 
of the Rio Grande would require the conditional approval of the 
Government of Mexico through an action of the International 
Boundary and Water Commission, United States and Mexico, 
and Mexico could use such structure to divert waters to its own 
land. 
(4) The United States constructed the American Dam com-
pletely in United States territory to ensure that waters from the 
American Canal would be completely retained within the 
United States up to a point below Mexico's diversion at the 
International Dam. 
(5) Potentially disruptive international issues might arise 
from the commingling of the waters of the United States and 
the waters of Mexico in this reach of the Rio Grande, while such 
issues would not arise if a canal extension were constructed and 
operated wholly on the American side of the river. 
(6) The construction and operation of an extension of the 
American Canal which would lie wholly in the United States 
would provide for a more equitable distribution of waters be-
tween the United States and Mexico, reduce water losses, and 
eliminate many hazards to public safety. 
SEC. 3. CONSTRUCTION OF CANAL EXTENSION, OPERATION, MAINTE-
NANCE, AND USE. 
(a) CONSTRUCTION OF EXTENSION.—Subject to subsection (e), the 
Secretary shall construct an extension of the American Canal, 
together with pumping plants, wasteways, measuring devices, and 
other facilities needed to connect such extension with existing 
irrigation systems. Such extension shall lie wholly in the United 
States and shall be approximately 13 miles in length, beginning at 
49-139 O - 90 (438) 
104 STAT. 1002 
PUBLIC LAW 101-438—OCT. 18, 1990 
the downstream end of the current American Canal in El Paso, 
Texas, and extending to Riverside Heading. 
(b) OPERATION OF CANAL.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary shall operate the extension of the American Canal 
provided for in subsection (a). 
Government 
(2) DELIVERY OF WATERS.—The Secretary shall enter into an 
Mexioj*^ 
agreement with El Paso County Water Improvement District 
Number 1 pursuant to which the Water Improvement District 
would be responsible for the operation of the American Canal 
with respect to the delivery of all waters, with the exception of 
those waters belonging to Mexico which, consistent with para-
graph (3), the Secretary shall be responsible for delivering. 
(3) UNITED STATES OBLIGATIONS UNDER 1906 AND 1933 CONVEN-
TIONS.—In authorizing the agreement described in paragraph 
(2), this Act— 
(A) does not in any way affect the jurisdiction, powers, or 
prerogatives of the International Boundary and Water 
Commission, United States and Mexico, and 
(B) does not in any way impede the ability of the United 
States Government to fulfill its obligations under the 1906 
and 1933 Conventions. 
(c) USE OF CANAL AS CONVEYANCE CHANNEL.— 
(1) USE BY MEXICO.— The Secretary may enter into an agree-
ment with Mexico which permits Mexico to use the American 
Canal as a conveyance channel. Any such agreement shall 
require Mexico to m£ike payments to the United States for 
Mexico's use of the American Canal. 
(2) USE BY NON-FEDERAL ENTITIES.—Upon obtaining the 
ex-
press approval of the Secretary, El Paso County Water Improve-
ment District Number 1 may enter into agreements with other 
non-Federal entities pursuant to which such entities may use 
the American Canal £is a conveyance channel. 
(d) MAINTENANCE OF EXTENSION.—The Secretary shall maintain 
the extension of the American Canal provided for in subsection (a). 
(e) LOCAL CONTRIBUTIONS TO COSTS.—The extension of the Amer-
ican Canal provided for in subsection (a) may not be constructed 
unless the Secretary and El Paso County Water Improvement Dis-
trict Number 1 have entered into the following agreements: 
(1) CONSTRUCTION COSTS.—An agreement pursuant to which El 
Paso County Water Improvement District Number 1 will pay 
$5,000,000 as its share of the construction costs for the construc-
tion of the extension of the American Canal provided for in 
subsection (a). 
(2) MAINTENANCE COSTS.—An agreement pursuant to which El 
Paso County Water Improvement District Number 1 will 
contribute a cumulative amount of $50,000 each year to the 
United States Commissioner as its share of the costs for mainte-
nance of the extention of the American Canal provided for in 
subsection (a). After the 7-year anniversary of the completion of 
the construction of that extension (and after the end of each 7-
year intervsil since the last such renegotiation), the Secretary 
and the El Paso County Water Improvement District Number 1 
may renegotiate the amount of the contribution of El Paso 
County Water Improvement District Number 1 pursuant to the 
agreement required by this paragraph in order to reflect any 
increase in Bureau of Labor Statistics Consumer Price Index-
PUBLIC LAW 101-438—OCT. 18, 1990 
104 STAT. 1003 
Urban Wage Earners and Clerical Workers (CPI-W)-1982-84-
100 Index. In the event the funds contributed by the El Paso 
County Water Improvement District Number 1 pursuant to this 
paragraph are not utilized during any given year, the funds 
shall be carried over to the succeeding years in a contingency 
fund for necessary preventative and routine maintenance work 
to be performed by the United States Section, International 
Boundary and Water Commission, 
(f) REPEAL OF PREVIOUS CONSTRUCTION AUTHORIZATION.—Title IV 
of the Act entitled "An Act to authorize various Federal reclamation 
projects and programs, and for other purposes", approved Septem-
ber 28,1976 (Public Law 94-423; 90 Stat. 1327), is repealed. 
SEC. 4. STUDY OF SUBSIDENCE DAMAGE. 
The Secretary— 
(1) shall conduct a study to determine the likelihood and 
extent of any damage to property adjacent to the American 
Canal which would be caused by subsidence related to the Canal 
extension provided for in section 3(a), and 
(2) shall submit a report to the Congress detailing his findings 
not later than 1 year after the date of the enactment of this Act. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated— 
(1) $42,000,000 to construct the extension of the American 
Canal provided for in section 3(a); and 
(2) such sums as may be necessary to operate and maintain 
that extension and to conduct the study required by section 4. 
SEC. 6. DEFINITIONS. 
As used in this Act— 
(1) the term "American Canal" means the Rio Grande Amer-
ican Canal constructed pursuant to the Act of August 29, 1935 
(49 Stat. 961); 
(2) the term "United States Commissioner" means the United 
States Commissioner, International Boundary and 
Water 
Commission, United States and Mexico; and 
(3) the term "Secretary" means the Secretary of State, acting 
through the United States Commissioner. 
Approved October 18, 1990. 
LEGISLATIVE HISTORY—H.R. 4758: 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 12, considered and passed House. 
Oct. 4, considered and passed Senate.