[Senate Report 108-326]
[From the U.S. Government Publishing Office]
Calendar No. 682
108th Congress Report
SENATE
2d Session 108-326
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NEW MEXICO WATER PLANNING ASSISTANCE ACT
_______
August 25, 2004.--Ordered to be printed
Filed, under authority of the order of the Senate of July 22, 2004
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2460]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2460) to provide assistance to the State
of New Mexico for the development of comprehensive State water
plans, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Mexico Water Planning Assistance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Reclamation and the
United States Geological Survey.
(2) State.--The term ``State'' means the State of New Mexico.
SEC. 3. COMPREHENSIVE WATER PLAN ASSISTANCE.
(a) In General.--Upon the request of the Governor of the State and
subject to subsections (b) through (f), the Secretary shall--
(1) provide to the State technical assistance and grants for
the development of comprehensive State water plans;
(2) conduct water resources mapping in the State; and
(3) conduct a comprehensive study of groundwater resources
(including potable, brackish, and saline water resources) in
the State to assess the quantity, quality, and interaction of
groundwater and surface water resources.
(b) Technical Assistance.--Technical assistance provided under
subsection (a) may include--
(1) acquisition of hydrologic data, groundwater
characterization, database development, and data distribution;
(2) expansion of climate, surface water, and groundwater
monitoring networks;
(3) assessment of existing water resources, surface water
storage, and groundwater storage potential;
(4) numerical analysis and modeling necessary to provide an
integrated understanding of water resources and water
management options;
(5) participation in State planning forums and planning
groups;
(6) coordination of Federal water management planning
efforts;
(7) technical review of data, models, planning scenarios, and
water plans developed by the State; and
(8) provision of scientific and technical specialists to
support State and local activities.
(c) Allocation.--In providing grants under subsection (a), the
Secretary shall, subject to the availability of appropriations,
allocate--
(1) $5,000,000 to develop hydrologic models and acquire
associated equipment for the New Mexico Rio Grande main stem
sections and Rios Pueblo de Taos and Hondo, Rios Nambe,
Pojoaque and Teseque, Rio Chama, and Lower Rio Grande
tributaries;
(2) $1,500,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for the San Juan River and tributaries;
(3) $1,000,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for Southwest New Mexico, including the Animas Basin,
the Gila River, and tributaries;
(4) $4,500,000 for statewide digital orthophotography
mapping; and
(5) such sums as are necessary to carry out additional
projects consistent with subsection (b).
(d) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the total cost of
any activity carried out using a grant provided under
subsection (a) shall be 50 percent.
(2) Form of non-federal share.--The non-Federal share under
paragraph (1) may be in the form of any in-kind services that
the Secretary determines would contribute substantially toward
the conduct and completion of the activity assisted.
(e) Non-Reimbursable Basis.--Any assistance or grants provided to the
State under this Act shall be made on a non-reimbursable basis.
(f) Authorized Transfers.--On request of the State, the Secretary
shall directly transfer to 1 or more Federal agencies any amounts made
available to the State to carry out this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2005 through 2009.
PURPOSE OF THE MEASURE
The purpose of S. 2460 is to provide assistance to the
State of New Mexico for the development of comprehensive State
water plans, and for other purposes.
BACKGROUND AND NEED
The New Mexico Office of the State Engineer (NM OSE) is
statutorily required to perform assessments and investigations
of the numerous stream systems and ground water basins located
within New Mexico. In order to perform these assessments, it is
necessary for the NM OSE to undertake hydrographic surveys and
develop hydrologic models. These assessments assist Federal
agencies by providing fundamental information on hydrologic
conditions important for flood assessment, land management,
Tribal water resources assessments and Federal water project
management. The NM OSE lacks adequate resources to perform
necessary hydrologic models and data collection. This lack of
resources impairs the NM OSE's ability to make informed
decisions about the state's water resources, participate in
State-Federal water management decisions, effectively perform
water rights administration, and comply with New Mexico's
compact deliveries.
LEGISLATIVE HISTORY
S. 2460 was introduced by Senator Domenici on May 20, 2004
and referred to the Energy and Natural Resources Committee.
Senator Bingaman is a co-sponsor. The Subcommittee on Water and
Power held a hearing on S. 2460 on June 17, 2004. The Committee
on Energy and Natural Resources ordered S. 2460, as amended,
favorably reported on July 14, 2004.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business meeting on July 14, 2004, by unanimous voice vote
of a quorum present, recommends that the Senate pass S. 2460 if
amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 2460, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment addresses concerns raised during the Subcommittee
hearing and in written submissions.
The first change provides that the non-Federal share of the
total cost of any activity undertaken pursuant to this Act
shall be 50 percent. The second change provides that the non-
Federal contribution may be in the form of any in-kind services
that the Secretary determines would contribute substantially
toward the completion of the activity assisted. The final
change raises the amount authorized to be appropriated for each
fiscal year 2005 through year 2009 from $2,500,000 to
$3,000,000.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``New Mexico Water
Planning Assistance Act.''
Section 2 defines the terms used in the Act.
Section 3 subsection (a) directs the Secretary, upon the
request of the Governor of New Mexico, to provide technical
assistance and grants for the development of State water plans,
conduct water resources mapping in the State, and conduct a
study of groundwater resources.
Subsection (b) specifies what technical assistance the
Secretary may provide.
Subsection (c) allocates grants among projects.
Subsection (d) provides that the non-Federal cost share
shall be 50 percent, the non-Federal share may be in the form
of any in-kind services, the grants provided to the State shall
be made on a non-reimbursable basis, and the Secretary shall
transfer any amount made available under the Act to one or more
Federal agencies upon request of the State.
Section 4 authorizes to be appropriated $3,000,000 for each
fiscal year 2005 through 2009 to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 16, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2460, the New Mexico
Water Planning Assistance Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 2460--New Mexico Water Planning Assistance Act
Summary: S. 2460 would authorize the Secretary of the
Interior acting through the Bureau of Reclamation and the U.S.
Geological Survey to provide technical assistance and grants to
the state of New Mexico for developing comprehensive water
plans, conducting water resources mapping, and implementing a
study of groundwater resources (including potable, brackish,
and saline water resources). The bill would authorize the
appropriation of $3 million annually over the 2005-2009 period
for technical assistance and grants. S. 2460 would require
nonfederal grantees to pay 50 percent of total project costs.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the bill would cost about $14
million over the 2005-2009 period, and an additional $1 million
after that period. Enacting S. 2460 would not affect direct
spending or revenues.
S. 2460 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. Federal spending authorized by this bill would
benefit the state of New Mexico, and any expenditures made by
the state to satisfy the bill's matching requirement would be
made voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2460 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment). For this estimate, CBO
assumes that S. 2460 will be enacted near the end of 2004.
Based on historical spending patterns of similar projects, CBO
estimates that implementing this bill would cost $14 million
over the 2005-2009 period, and an additional $1 million after
that period.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2005 2006 2007 2008 2009
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization level................................................ 3 3 3 3 3
Estimated outlays.................................................. 2 3 3 3 3
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 2460
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Federal spending authorized by this bill
would benefit the state of New Mexico, and any expenditures
made by the state to satisfy the bill's matching requirement
would be made voluntarily.
Estimate prepared by: Federal Costs: Julie Middleton;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; and Impact on the Private Sector: Karen Raupp.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2460. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2460.
EXECUTIVE COMMUNICATIONS
On June 16, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth executive views on S. 2460. These reports had not been
received at the time the report on S. 2460 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the Department of the
Interior at the Subcommittee hearing follows:
Statement of John W. Keys III, Commissioner, Bureau of Reclamation,
Department of the Interior
Madam Chair, may name is John W. Keys, III, Commissioner of
Reclamation (Reclamation). I am pleased to be here today to
present the views of the Department of the Interior
(Department) regarding S. 2460, which would authorize
assistance to be provided to the State of New Mexico for the
development of comprehensive State water plans, and for other
purposes.
We share the views of the sponsor of this bill, Senator
Domenici, that is, the importance of sound science for use by
water resource planners. However, the Department is concerned
about the financial resources that would be required for
Reclamation and the United States Geological Survey (USGS) to
carry out S. 2460 in the context of the availability of
resources overall for Administration programs. Further, the
provision for any assistance or grants to be made on a non-
reimbursable basis and without a cost-sharing requirement is
inconsistent with the funding arrangements that Reclamation and
USGS have for similar activities in other states. For these
reasons, the Administration cannot support the bill as
currently written.
The bill directs the Secretary of the Interior, acting
through Reclamation and the USGS, to (1) provide technical
assistance and grants to the State for the development of
comprehensive State water plans; (2) conduct water resources
mapping in the State; and (3) conduct a comprehensive study of
groundwater resources (including potable, brackish, and saline
water resources) to assess the quantity, quality, and
interaction of groundwater and surface water resources in the
State. This would be accomplished through technical assistance
and grants.
The technical assistance role identified for the Department
in this bill is consistent with the USGS's leadership role in
interpretation, research, and assessment of the earth and
biological resources of the nation. It is likewise consistent
with the Reclamation's
leadership role in water resources research, modeling,
analysis, assessment and management. However, the direction to
provide these grants to the State on a noncompetitive basis is
not in harmony with the Administration's efforts, such as
through Water 2025, to use a competitive process to focus our
existing resources in those areas where future water conflicts
are most likely to occur. Even though some New Mexico projects
would likely be very competitive in that process, the
Administration would prefer that New Mexico's needs compete on
an equal footing with other meritorious projects that apply for
assistance. Let me briefly describe the activities of the USGS
and Reclamation in this context.
As the nation's largest water, earth, biological science,
and civilian mapping agency, USGS conducts the most extensive
groundwater and surface water investigations in the nation in
conjunction with state and local partners. The USGS New Mexico
District currently operates 209 streamflow stations and
routinely measures groundwater levels at 1,658 well sites
through cooperative programs with several local, state, tribal,
and federal agencies. In addition to hydrologic monitoring
programs, the USGS is providing hydrologic understanding to
water agencies through the Cooperative Water Program by
conducting several investigative projects that include
describing the interaction of surface water and ground water in
the Mesilla and Middle Rio Grande basins, evaluating modeling
approaches in the Santa Fe Embayment and La Cienega areas of
the Espanola Basin, and quantifying streamflow gains and losses
in the Espanola Basin along the Rio Grande mainstem and its
tributaries. In support of all water agencies within New
Mexico, USGS technical specialists participate in work groups
and committees each year. Currently, USGS personnel are
involved in the New Mexico Brackish Water Task Force, the Rio
Grande Environmental Assessment for Upper Rio Grande water
operations, and the Department of the Interior's Southwest
Strategy.
Reclamation, as the nation's largest western water and
hydro-electric power supplier and water management agency,
conducts the most extensive river storage and delivery
operations and related research in the seventeen western states
in conjunction with tribal, state and local partners.
Reclamation has provided technical and monetary assistance to
two of the New Mexico state regional water plans, reviewed and
commented on the draft State Water Plan, and provided water
resource-related technical assistance through Reclamation's
Technical Assistance to States planning program. In addition,
Reclamation is actively involved in several Indian water supply
projects within New Mexico, and has developed and maintains
state-of-the-art, internet-delivered decision support data on
evapotranspiration depletions to the Rio Grande system, and
conducts daily river system modeling for water accounting,
contracted deliveries and endangered species support.
In summary, the goals of the bill are commendable, and the
bill contains provisions that are within the scope and
expertise of Reclamation and the USGS. However, it is the
position of the Administration that funding for the activities
in this bill be pursued through existing authorities and
procedures, and not through specific Congressional direction
that supersedes established processes, competitive or
otherwise. Also, we believe that the cost-sharing provisions of
this bill should conform to other similar programs undertaken
by Reclamation and the USGS, such as the Reclamation Title XVI
program, which requires a 50 percent local share, or the USGS
Cooperative Water Program, which requires a dollar for dollar
match of federal and non-federal funds. Requiring these cost-
shares not only stretches limited federal funds, but also
emphasizes that States are primarily responsible for managing
the water resources within their borders, and not the Federal
government. Finally, we find that S. 2460 is sufficiently vague
regarding the relative roles and functions of Reclamation and
the USGS, which could cause significant delay in
implementation, as well as the fact that the bill, as written,
duplicates some existing agency programs and authorizations and
sets a major precedent of providing federal funding for State
water plans.
Thank you, Madam Chair, for the opportunity to present this
testimony. I will be pleased to answer questions you and other
Members of the Subcommittee might have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2460, as
ordered reported.