[House Report 108-758]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-758
======================================================================
LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT
ACT OF 2004
_______
October 7, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4588]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4588) to amend the Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2000 to authorize
additional projects and activities under that Act, 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 all after the enacting clause and insert the
following:
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2004''.
SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS AND ACTIVITIES UNDER THE
LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT
PROGRAM.
(a) Additional Projects.--Section 4(a) of the Lower Rio Grande Valley
Water Resources Conservation and Improvement Act of 2000 (Public Law
106-576; 114 Stat. 3067) is amended by adding at the end the following:
``(20) In Cameron County, Texas, Bayview Irrigation District
No. 11, water conservation and improvement projects as
identified in the March 3, 2004, engineering report by NRS
Consulting Engineers at a cost of $1,425,219.
``(21) In the Cameron County, Texas, the Brownsville
Irrigation District, water conservation and improvement
projects as identified in the February 11, 2004 engineering
report by NRS Consulting Engineers at a cost of $722,100.
``(22) In the Cameron County, Texas Harlingen Irrigation
District No. 1, water conservation and improvement projects as
identified in the March, 2004, engineering report by Axiom-
Blair Engineering at a cost of $4,173,950.
``(23) In the Cameron County, Texas, Cameron County
Irrigation District No. 2, water conservation and improvement
projects as identified in the February 11, 2004 engineering
report by NRS Consulting Engineers at a cost of $8,269,576.
``(24) Braden, Inc. at a cost of $5,607,300.
``(25) In the Cameron County, Texas, Adams Gardens Irrigation
District No. 19, water conservation and improvement projects as
identified in the March, 2004 engineering report by Axiom-Blair
Engineering at a cost of $2,500,000.
``(26) In the Hidalgo and Cameron Counties, Texas, the
Hidalgo and Cameron Counties Irrigation District No. 9, water
conservation and improvement projects as identified by the
February 11 engineering report by NRS Consulting Engineers at a
cost of $8,929,152.
``(27) In the Hidalgo and Willacy Counties, Texas, Delta Lake
Irrigation District, water conservation and improvement
projects as identified in the March, 2004 engineering report by
Axiom-Blair Engineering at a cost of $8,000,000.
``(28) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 2, a water conservation and improvement
project identified in the engineering reports attached to a
letter dated February 11, 2004, from the district's general
manager, at a cost of $5,312,475.
``(29) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 1, water conservation and improvement
projects identified in an engineering report dated March 5,
2004 by Melden and Hunt, Inc. at a cost of $5,595,018.
``(30) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 6, water conservation and improvement
projects as identified in the March, 2004, engineering report
by Axiom-Blair Engineering at a cost of $3,450,000.
``(31) In the Hidalgo County, Texas Santa Cruz Irrigation
District No. 15, water conservation and improvement projects as
identified in an engineering report dated March 5, 2004 by
Melden and Hunt at a cost of $4,609,000.
``(32) In the Hidalgo County, Texas, Engelman Irrigation
District, water conservation and improvement projects as
identified in an engineering report dated March 5, 2004 by
Melden and Hunt, Inc. at a cost of $2,251,480.
``(33) In the Hidalgo County, Texas, Valley Acres Water
District, water conservation and improvement projects as
identified in an engineering report dated March, 2004 by Axiom-
Blair Engineering at a cost of $500,000.
``(34) In the Hudspeth County, Texas, Hudspeth County
Conservation and Reclamation District No. 1, water conservation
and improvement projects as identified in the March, 2004,
engineering report by Axiom-Blair Engineering at a cost of
$1,500,000.
``(35) In the El Paso County, Texas, El Paso County Water
Improvement District No. 1, water conservation and improvement
projects as identified in the March, 2004, engineering report
by Axiom-Blair Engineering at a cost of $10,500,000.
``(36) In the Hidalgo County, Texas, Donna Irrigation
District, water conservation and improvement projects
identified in an engineering report dated March 22, 2004 by
Melden and Hunt, Inc. at a cost of $2,500,000.
``(37) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 16, water conservation and improvement
projects identified in an engineering report dated March 22,
2004 by Melden and Hunt, Inc. at a cost of $2,800,000.
``(38) The United Irrigation District of Hidalgo County water
conservation and improvement projects as identified in a March
2004 engineering report by Sigler Winston, Greenwood and
Associates at a cost of $6,067,021.''.
(b) Inclusion of Activities to Conserve Water or Improve Supply;
Transfers Among Projects.--Section 4 of such Act (Public Law 106-576;
114 Stat. 3067) is further amended by redesignating subsection (c) as
subsection (e), and by inserting after subsection (b) the following:
``(c) Inclusion of Activities to Conserve Water or Improve Supply.--
In addition to the activities identified in the engineering reports
referred to in subsection (a), each project that the Secretary conducts
or participates in under subsection (a) may include any of the
following:
``(1) The replacement of irrigation canals and lateral canals
with buried pipelines.
``(2) The impervious lining of irrigation canals and lateral
canals.
``(3) Installation of water level, flow measurement, pump
control, and telemetry systems.
``(4) The renovation and replacement of pumping plants.
``(5) Other activities that will result in the conservation
of water or an improved supply of water.
``(d) Transfers Among Projects.--Of amounts made available for a
project referred to in any of paragraphs (20) through (38) of
subsection (a), the Secretary may transfer and use for another such
project up to 10 percent.''.
SEC. 3. REAUTHORIZATION OF APPROPRIATIONS FOR LOWER RIO GRANDE
CONSTRUCTION.
Section 4(e) of the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat.
3067), as redesignated by section 2(b) of this Act, is further amended
by inserting before the period the following: ``for projects referred
to in paragraphs (1) through (19) of subsection (a), and $42,356,145
(2004 dollars) for projects referred to in paragraphs (20) through (38)
of subsection (a)''.
Purpose of the Bill
The purpose of H.R. 4588 is to amend the Lower Rio Grande
Valley Water Resources Conservation and Improvement Act of 2000
to authorize additional projects and activities under that Act,
and for other purposes.
Background and Need for Legislation
The Lower Rio Grande Valley, located along the Texas and
Mexico borders, is subject to recurring drought conditions and
high population growth. There are more than seven million
people residing in this area, with approximately one million
living in the United States. In light of persistent drought,
high population growth and the negative effect of Mexico's
continuing water debt to the United States, a program to
improve basic water management tools for this region was
created by the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 (P.L. 106-576). These
tools, aimed at improving water conservation and efficiency at
the local water district levels, include pipelines, canal
lining, and water control facilities. Additional water
management projects were authorized in 2002 under the
amendments to the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 P.L.107-351. H.R. 4588
provides funding authorization to the Bureau of Reclamation for
engineering work, infrastructure construction and improvements
for nineteen new water conservation and efficiency projects in
the Lower Rio Grande Valley. Under the bill, the Bureau of
Reclamation will provide such funding to the local water
districts to build the projects. H.R. 4588 increases the
authorization for construction of these and previously
authorized facilities by an additional $42.35 million.
Committee Action
Congressman Ruben Hinojosa (D-TX) introduced H.R. 4588 on
June 16, 2004. The bill was referred to the Committee on
Resources and within the Committee to the Subcommittee on Water
and Power. A hearing on the bill was held on July 8, 2004. On
September 15, 2004, the Full Resources Committee met to
consider the bill. The Subcommittee on Water and Power was
discharged from further consideration by unanimous consent.
Rep. Hinojosa offered an amendment making clarifying and
technical changes. The amendment was agreed to by unanimous
consent. The bill, as amended, was ordered favorably reported
to the House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Lower Rio Grande Valley
Water Resources Conservation and Improvement Act of 2000 to
authorize additional projects and activities under that Act,
and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 21, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4588, the Lower
Rio Grande Valley Water Resources Conservation and Improvement
Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Milberg.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 4588--Lower Rio Grande Valley Water Resources Conservation and
Improvement Act of 2004
Summary: H.R. 4588 would amend the Lower Rio Grande Valley
Water Resources Conservation and Improvement Act of 2000 to add
19 new water conservation projects to those eligible for
federal assistance under that act. To build the 19 additional
projects, the bill would authorize the appropriation of about
$42 million.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 4588 would cost $36 million
over the 2006-2009 period and an additional $6 million in 2010.
Enacting H.R. 4588 would not affect direct spending or
receipts.
H.R. 4588 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.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4588 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
----------------------------------
2005 2006 2007 2008 2009
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.................. 0 5 10 15 12
Estimated Outlays.................... 0 2 7 15 12
------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
4588 will be enacted near the start of 2005. Based on
information from the Bureau of Reclamation, CBO estimates that
implementing H.R. 4588 would cost $36 million over the 2006-
2009 period and an additional $6 million in 2010, assuming
appropriation of the authorized amounts.
Intergovernmental and private-sector impact: H.R. 4588
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Enacting this legislation would benefit the
state of Texas and local governments in that state that would
receive the authorized federal assistance. Any costs incurred
by those governments to meet the conditions of the assistance
would be incurred voluntarily.
Estimate prepared by: Federal Costs: Rachel Milberg. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Amina Masood.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 4 OF THE LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION
AND IMPROVEMENT ACT OF 2000
SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION.
(a) Project Implementation.--If the Secretary determines that
any of the following projects meet the review criteria and
project requirements, as set forth in section 3, the Secretary
may conduct or participate in funding engineering work,
infrastructure construction, and improvements for the purpose
of conserving and transporting raw water through that project:
(1) * * *
* * * * * * *
(20) In Cameron County, Texas, Bayview Irrigation
District No. 11, water conservation and improvement
projects as identified in the March 3, 2004,
engineering report by NRS Consulting Engineers at a
cost of $1,425,219.
(21) In the Cameron County, Texas, the Brownsville
Irrigation District, water conservation and improvement
projects as identified in the February 11, 2004
engineering report by NRS Consulting Engineers at a
cost of $722,100.
(22) In the Cameron County, Texas Harlingen
Irrigation District No. 1, water conservation and
improvement projects as identified in the March, 2004,
engineering report by Axiom-Blair Engineering at a cost
of $4,173,950.
(23) In the Cameron County, Texas, Cameron County
Irrigation District No. 2, water conservation and
improvement projects as identified in the February 11,
2004 engineering report by NRS Consulting Engineers at
a cost of $8,269,576.
(24) Braden, Inc. at a cost of $5,607,300.
(25) In the Cameron County, Texas, Adams Gardens
Irrigation District No. 19, water conservation and
improvement projects as identified in the March, 2004
engineering report by Axiom-Blair Engineering at a cost
of $2,500,000.
(26) In the Hidalgo and Cameron Counties, Texas, the
Hidalgo and Cameron Counties Irrigation District No. 9,
water conservation and improvement projects as
identified by the February 11 engineering report by NRS
Consulting Engineers at a cost of $8,929,152.
(27) In the Hidalgo and Willacy Counties, Texas,
Delta Lake Irrigation District, water conservation and
improvement projects as identified in the March, 2004
engineering report by Axiom-Blair Engineering at a cost
of $8,000,000.
(28) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 2, a water conservation and
improvement project identified in the engineering
reports attached to a letter dated February 11, 2004,
from the district's general manager, at a cost of
$5,312,475.
(29) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 1, water conservation and
improvement projects identified in an engineering
report dated March 5, 2004 by Melden and Hunt, Inc. at
a cost of $5,595,018.
(30) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 6, water conservation and
improvement projects as identified in the March, 2004,
engineering report by Axiom-Blair Engineering at a cost
of $3,450,000.
(31) In the Hidalgo County, Texas Santa Cruz
Irrigation District No. 15, water conservation and
improvement projects as identified in an engineering
report dated March 5, 2004 by Melden and Hunt at a cost
of $4,609,000.
(32) In the Hidalgo County, Texas, Engelman
Irrigation District, water conservation and improvement
projects as identified in an engineering report dated
March 5, 2004 by Melden and Hunt, Inc. at a cost of
$2,251,480.
(33) In the Hidalgo County, Texas, Valley Acres Water
District, water conservation and improvement projects
as identified in an engineering report dated March,
2004 by Axiom-Blair Engineering at a cost of $500,000.
(34) In the Hudspeth County, Texas, Hudspeth County
Conservation and Reclamation District No. 1, water
conservation and improvement projects as identified in
the March, 2004, engineering report by Axiom-Blair
Engineering at a cost of $1,500,000.
(35) In the El Paso County, Texas, El Paso County
Water Improvement District No. 1, water conservation
and improvement projects as identified in the March,
2004, engineering report by Axiom-Blair Engineering at
a cost of $10,500,000.
(36) In the Hidalgo County, Texas, Donna Irrigation
District, water conservation and improvement projects
identified in an engineering report dated March 22,
2004 by Melden and Hunt, Inc. at a cost of $2,500,000.
(37) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 16, water conservation and
improvement projects identified in an engineering
report dated March 22, 2004 by Melden and Hunt, Inc. at
a cost of $2,800,000.
(38) The United Irrigation District of Hidalgo County
water conservation and improvement projects as
identified in a March 2004 engineering report by Sigler
Winston, Greenwood and Associates at a cost of
$6,067,021.
* * * * * * *
(c) Inclusion of Activities to Conserve Water or Improve
Supply.--In addition to the activities identified in the
engineering reports referred to in subsection (a), each project
that the Secretary conducts or participates in under subsection
(a) may include any of the following:
(1) The replacement of irrigation canals and lateral
canals with buried pipelines.
(2) The impervious lining of irrigation canals and
lateral canals.
(3) Installation of water level, flow measurement,
pump control, and telemetry systems.
(4) The renovation and replacement of pumping plants.
(5) Other activities that will result in the
conservation of water or an improved supply of water.
(d) Transfers Among Projects.--Of amounts made available for
a project referred to in any of paragraphs (20) through (38) of
subsection (a), the Secretary may transfer and use for another
such project up to 10 percent.
[(c)] (e) Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary to carry out
this section $47,000,000 (2001 dollars) for projects referred
to in paragraphs (1) through (19) of subsection (a), and
$42,356,145 (2004 dollars) for projects referred to in
paragraphs (20) through (38) of subsection (a).