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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Eastern New Mexico Rural Water
System Act of 2006''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Authority.--The term ''Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under State
law for the purposes of planning, financing, developing, and
operating the System.
(2) Plan.--The term ''plan'' means the operation,
maintenance, and replacement plan required by section 4(b).
(3) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(4) State.--The term ''State'' means the State of New
Mexico.
(5) System.--
(A) In general.--The term ''System'' means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 16,500 acre-
feet of water per year from the Ute Reservoir to the
cities of Clovis, Elida, Grady, Melrose, Portales, and
Texico and other locations in Curry and Roosevelt
Counties in the State.
(B) Inclusions.--The term ''System'' includes--
(i) the intake structure at Ute Reservoir;
(ii) a water treatment, administration, and
maintenance facility with--
(I) a 30,000,000 gallon per day
average peak capacity; and
(II) a 15,000,000 gallon per day
average capacity;
(iii) approximately 155 miles of
transmission and lateral pipelines and tunnels
that range in size from 4 to 60 inches in
diameter;
(iv) 3 pumping stations, including--
(I) a raw water pump station at Ute
Reservoir;
(II) a booster pump station at the
''Caprock'' escarpment; and
(III) a booster pump station to
Elida; and
(v) any associated appurtenances.
(6) Ute reservoir.--The term ''Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the
Ute Dam on the Canadian River, located approximately 32 miles
upstream of the border between New Mexico and Texas.

SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.

(a) Financial Assistance.--
(1) In general.--The Secretary may provide financial and
technical assistance to the Authority to assist in planning,
designing, conducting related preconstruction activities for,
and constructing the System.
(2) Use.--
(A) In general.--Any financial assistance provided
under paragraph (1) shall be obligated and expended
only in accordance with a cooperative agreement entered
into under section 5(a)(2).
(B) Limitations.--Financial assistance provided
under paragraph (1) shall not be used--
(i) for any activity that is inconsistent
with constructing the System; or
(ii) to plan or construct facilities used
to supply irrigation water for agricultural
purposes.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this Act shall be not more than 75 percent of
the total cost of the System.
(2) System development costs.--For purposes of paragraph
(1), the total cost of the System shall include any costs
incurred by the Authority on or after October 1, 2003, for the
development of the System.
(c) Limitation.--No amounts made available under this Act may be
used for the construction of the System until--
(1) a plan is developed under section 4(b); and
(2) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(d) Title to Project Works.--Title to the infrastructure of the
System shall be held by the Authority or as may otherwise be specified
under State law.

SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.

(a) In General.--The Authority shall be responsible for the annual
operation, maintenance, and replacement costs associated with the
System.
(b) Operation, Maintenance, and Replacement Plan.--The Authority,
in consultation with the Secretary, shall develop an operation,
maintenance, and replacement plan that establishes the rates and fees
for beneficiaries of the System in the amount necessary to ensure that
the System is properly maintained and capable of delivering
approximately 16,500 acre-feet of water per year.

SEC. 5. ADMINISTRATIVE PROVISIONS.

(a) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this Act.
(2) Cooperative agreement for provision of financial
assistance.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide
financial assistance or any other assistance requested
by the Authority for planning, design, related
preconstruction activities, and construction of the
System.
(B) Requirements.--The cooperative agreement
entered into under subparagraph (A) shall, at a
minimum, specify the responsibilities of the Secretary
and the Authority with respect to--
(i) ensuring that the cost-share
requirements established by section 3(b) are
met;
(ii) completing the planning and final
design of the System;
(iii) any environmental and cultural
resource compliance activities required for the
System; and
(iv) the construction of the System.
(b) Technical Assistance.--At the request of the Authority, the
Secretary may provide to the Authority any technical assistance that is
necessary to assist the Authority in planning, designing, constructing,
and operating the System.
(c) Biological Assessment.--The Secretary shall consult with the
New Mexico Interstate Stream Commission and the Authority in preparing
any biological assessment under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) that may be required for planning and constructing
the System.
(d) Effect.--Nothing in this Act--
(1) affects or preempts--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water; or
(2) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(A) the water of a stream; or
(B) any groundwater resource.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to the
Secretary such sums as are necessary to carry out this Act.
(b) Nonreimbursable Amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under section
3(b) shall be nonreimbursable and nonreturnable to the United States.
(c) Availability of Funds.--At the end of each fiscal year, any
unexpended funds appropriated pursuant to this Act shall be retained
for use in future fiscal years consistent with this Act.
A:
Eastern New Mexico Rural Water System Act of 2006 - Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System.

Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority on or after October 1, 2003, for System development.

Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and until the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969. Directs the Secretary to consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973.