,,ii #aacth ,,congress #b;d ,session ,s4 #bdgj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ab1 #bjad ,mr4 ,udall of ,new ,mexico 7for himself and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for drought relief measures in the ,state of ,new ,mexico1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,new ,mexico ,drought ,relief ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,water acquisition program4 ,sec4 #d4 ,water conservation4 ,sec4 #e4 ,middle ,rio ,grande peak flow restoration4 ,sec4 #f4 ,national ,academy of ,sciences study4 ,sec4 #g4 ,emergency funding4 ,sec4 #h4 ,secure ,water ,act reauthorization4 ,sec4 #i4 ,reclamation ,states ,emergency ,drought ,relief ,act reauthorization4 ,sec4 #aj4 ,rio ,grande ,pueblo irrigation infrastructure reauthorization4 ,sec4 #aa4 ,regional conservation partnership program4 ,sec4 #ab4 ,conservation reserve program4 ,sec4 #ac4 ,effect on ,state law4 #b4 ,definitions ,in this ,act3 7#a7 ,basin ,the term ,basin means each of-- 7,a7 the ,upper ,rio ,grande ,basin2 7,b7 the ,middle ,rio ,grande ,basin2 7,c7 the ,lower ,rio ,grande ,basin2 7,d7 the ,lower ,pecos ,river ,basin2 7,e7 the ,gila ,river ,basin2 7,f7 the ,canadian ,river ,basin2 7,g7 the ,san ,francisco ,river ,basin2 and 7,h7 the ,san ,juan ,river ,basin4 7#b7 ,district ,the term ,district means the ,middle ,rio ,grande ,conservancy ,district4 7#c7 ,pueblo ,the term ,pueblo means each of the following pueblos in the ,state3 7,a7 ,cochiti4 7,b7 ,santo ,domingo4 7,c7 ,san ,felipe4 7,d7 ,santa ,ana4 7,e7 ,sandia4 7,f7 ,isleta4 7#d7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 the ,secretary of ,commerce2 and 7,c7 the ,secretary of the ,interior4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,state ,the term ,state means the ,state of ,new ,mexico4 #c4 ,water acquisition program 7a7 ,in general ,the ,secretary1 acting through the ,commissioner of ,reclamation1 shall carry out in the ,basins a water acquisition program in coordination with the other appropriate ,federal agencies1 ,state agencies1 and non-,federal stakeholders1 under which the ,secretary shall-- 7#a7 make acquisitions of water in the ,basins2 and 7#b7 take any other actions that the ,secretary determines would achieve the purposes of the water acquisition program described in subsection 7b74 7b7 ,purposes ,the purposes of the water acquisition program are-- 7#a7 to enhance stream flow to benefit fish and wildlife 7including endangered species71 water quality1 and river ecosystem restoration in the ,basins2 and 7#b7 to enhance stewardship and conservation of working land1 water1 and watersheds in the ,basins1 consistent with the purpose described in paragraph 7#a74 7c7 ,coordination ,to assist in developing and administering the program1 the ,secretary may provide funds to a federally established nonprofit entity with particular expertise in western water transactions4 7d7 ,district projects ,subject to ,state law1 the ,secretary may develop programs to provide-- 7#a7 cost-share assistance to the ,district or agricultural producers and irrigators in the ,district for making irrigation system improvements that increase system efficiency2 7#b7 for the use of agricultural leasing agreements to allow the ,district to provide water for the purpose of providing benefits to species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and other river ecosystem benefits2 and 7#c7 cost-share assistance to the ,district to implement infrastructure or operational changes that will allow for effective management of a leasing program1 while maintaining adequate water deliveries to other agricultural producers and irrigators4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #cj1jjj1jjj4 #d4 ,water conservation 7a7 ,in general ,the ,secretary1 in cooperation with the ,district and in consultation with the ,pueblos1 may provide funding and technical assistance for the installation of metering and measurement devices and the construction of check structures on irrigation diversions1 canals1 laterals1 ditches1 and drains-- 7#a7 to ensure the conservation and efficient use of water within the ,district by reducing actual consumptive use or not increasing the use of water2 and 7#b7 to improve the measurement and allocation of water acquired through the water acquisition program established under section #c4 7b7 ,rio ,grande1 ,san ,acacia reach 7#a7 ,in general ,the ,secretary shall provide for development of a comprehensive plan for the ,san ,acacia reach to plan1 design1 construct and prioritize projects that balance river maintenance1 water availability1 use1 and delivery1 and ecosystem benefits1 including-- 7,a7 planning1 permitting1 and construction of a pumping station at ,bosque del ,apache ,national ,wildlife ,refuge for the purpose of more efficiently using water to provide-- 7i7 a stable supply for the ,refuge2 and 7ii7 additional water to the ,rio ,grande for the benefit of the endangered silvery minnow and ,southwestern willow flycatcher2 7,b7 planning1 permitting1 and construction of a channel realignment project near the ,rio ,grande mile-#hc for the purpose addressing channel aggradation while maintaining floodplain connectivity2 7,c7 planning1 permitting1 and construction of a controlled outlet for the low flow conveyance channel to the ,rio ,grande between ,fort ,craig1 ,new ,mexico and ,rio ,grande mile-#fj for the purpose of water use and delivery1 enhancement and development of habitat areas1 and possible creation of a single-channel river ecosystem2 7,d7 planning1 permitting1 and modification or possible removal of the ,san ,acacia ,diversion ,dam for purposes of reducing habitat fragmentation and securing fish passage1 including channel restoration as necessary1 while ensuring adequate water supplies for irrigators2 and 7,e7 development of a ,san ,acacia reach study to identify additional projects and maintenance activities with water use and delivery and ecosystem benefits and prioritize implementation of all projects and activities4 7#b7 ,public participation ,in carrying out this subsection1 the ,secretary shall provide a process for public participation and comment during plan development and alternative analysis4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ah1jjj1jjj4 #e4 ,middle ,rio ,grande peak flow restoration 7a7 ,in general ,during the #e-year period beginning on the date of enactment of this ,act1 the ,secretary of the ,army shall continue the temporary deviation in the operation of ,cochiti ,lake and ,jemez ,canyon ,dam that was initiated in #bjji to evaluate the benefits of a potential permanent reauthorization of the reservoirs4 7b7 ,goals ,the deviation mandated under subsection 7a7 shall provide for the detention and release of native ,rio ,grande water and ,san ,juan-,chama ,project water with the goals of-- 7#a7 restoring natural river processes to the ,rio ,grande1 including a ,spring peak flow to the ,rio ,grande2 7#b7 increasing the spawning and recruitment of endangered ,rio ,grande silvery minnows2 7#c7 creating overbanking flows that are necessary-- 7,a7 to maintain a healthy bosque2 and 7,b7 to support habitat for the ,southwestern willow flycatcher and other wildlife2 and 7#d7 maintaining channel capacity4 7c7 ,monitoring ,the ,secretary of the ,army1 in cooperation with the ,secretary and other members of the ,middle ,rio ,grande ,endangered ,species ,collaborative ,program1 shall-- 7#a7 monitor the environmental effects1 benefits1 and results of the deviation mandated under this section2 and 7#b7 compile any data necessary to evaluate the need for further amendment to the authorizations and water control manuals for ,cochiti ,lake or ,jemez ,canyon ,dam4 7d7 ,consultation required ,before implementing the proposed deviation under this section1 as required by the applicable water control manuals1 the ,secretary of the ,army shall first obtain approval from-- 7#a7 ,pueblo de ,cochiti regarding the effect of the deviation on the easement of ,pueblo de ,cochiti2 7#b7 ,pueblo of ,santa ,ana2 and 7#c7 the ,rio ,grande ,compact ,commission4 7e7 ,reports ,the ,secretary of the ,army shall prepare and submit to ,congress-- 7#a7 for each year in which the deviation is being carried out under this section1 annual reports that describe the data compiled under subsection 7c77#b72 and 7#b7 at the end of the period described in subsection 7a71 a final1 cumulative report that summarizes the data obtained during that period4 #f4 ,national ,academy of ,sciences study 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of the ,army and the ,secretary shall enter into an arrangement with the ,national ,academy of ,sciences to carry out a study on water and reservoir management and operation issues along the ,rio ,grande 7including the ,heron1 ,el ,vado1 ,abiquiu1 ,cochiti1 ,jemez ,canyon1 ,elephant ,butte1 and ,caballo ,dams and ,reservoirs71 which shall include-- 7#a7 an evaluation of existing ,rio ,grande reservoir authorizations and legal requirements2 7#b7 a summary of-- 7,a7 the physical-hydrologic understanding of existing ,rio ,grande reservoir operations2 and 7,b7 any potential constraints on the ,rio ,grande reservoir in light of climate change projections2 7#c7 an identification of opportunities to optimize water management to benefit the ,rio ,grande ecosystem1 irrigators and municipal users1 and to promote water conservation through reauthorization of1 reoperation of1 or physical improvements to the reservoirs2 7#d7 an evaluation of the physical-hydrologic feasibility of the identified future reservoir management scenarios2 7#e7 an identification of water use1 supply1 and accounting impacts to other stakeholders in the ,state2 7#f7 consideration of operations such as-- 7,a7 the storage of supplemental water acquired by and under the control of the ,bureau of ,reclamation2 7,b7 the carryover storage of ,san ,juan-,chama ,project contract water and ,pueblo ,prior and ,paramount operation water2 7,c7 changes in timing of water released to offset municipal pumping2 7,d7 changes in the timing of storage and release of floodwaters2 7,e7 the reduction of evaporative losses from reservoirs2 7,f7 conservation of water resulting from irrigation operation changes2 7,g7 the impacts of deliveries of ,new ,mexico ,rio ,grande ,compact water2 7,h7 the impacts of management and operations on recreation and hydropower2 7,i7 the impacts of management and operations on the ,rio ,grande ecosystem and the habitats that support species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,j7 any other factors the ,academy determines to be necessary for purposes of fully evaluating opportunities to achieve greater water conservation1 drought resiliency1 and ecological health2 and 7#g7 recommendations for future management scenarios and measures that ,congress should take to assist the agencies in establishing more flexible operating procedures to improve the performance of reservoir operations in accommodating multiple purposes4 7b7 ,cosponsors ,the ,secretary of the ,army and the ,secretary may solicit cosponsors for the study under subsection 7a71 as appropriate1 including ,state or private organizations4 7c7 ,public availability of study ,on the date on which the ,national ,academy of ,sciences completes the study under this section1 the ,national ,academy of ,sciences shall make available to the public the results of the study4 7d7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,national ,academy of ,sciences shall submit to the ,secretary of the ,army and the ,secretary a report that contains a summary of the results of the study conducted under this section4 7e7 ,due deference ,the ,secretary of the ,army and the ,secretary shall provide for due deference to the study and report prepared under this section in water management activities undertaken by the ,secretary of the ,army and the ,secretary in the ,rio ,grande4 #g4 ,emergency funding 7a7 ,financial assistance 7#a7 ,in general ,financial assistance may be made available under the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbja et seq471 title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chja et seq471 and any other applicable ,federal law 7including regulations71 to be divided among each applicable program at the discretion of the ,secretaries for eligible water projects to assist the ,state and other ,western ,states address drought-related impacts to water supplies or any other immediate water-related crisis or conflict4 7#b7 ,additional availability ,financial assistance may be made available under this section to organizations and entities1 including tribal governments1 that are engaged in collaborative processes to restore the environment or are part of a basin-wide solution for restoration4 7b7 ,types of assistance ,assistance under subsection 7a7 shall include a range of projects1 including-- 7#a7 the installation of pumps1 temporary barriers1 or operable gates for water diversion and fish protection2 7#b7 the installation of drought-relief groundwater wells for ,indian tribes and in wildlife refuges and other areas2 7#c7 the acquisition or assistance in the acquisition of water from willing sellers to enhance stream flow for the benefit of fish and wildlife 7including endangered species71 water quality1 river ecosystem restoration1 and other beneficial purposes2 7#d7 agricultural and urban conservation and efficiency projects providing multiple water supply benefits2 7#e7 exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years2 7#f7 maintenance of cover crops to prevent public health impacts from severe dust storms2 7#g7 emergency pumping projects for critical health and safety purposes2 7#h7 activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims2 7#i7 the use of new or innovative on-farm water conservation technologies or methods that may-- 7,a7 assist in sustaining permanent crops in areas with severe water shortages2 and 7,b7 make water available for other beneficial uses2 7#aj7 activities that protect1 restore1 or enhance fish and wildlife habitat or otherwise improve environmental conditions1 including water quantity or quality concerns and improved fish passage2 7#aa7 activities reducing or preventing groundwater depletion or promoting groundwater recharge2 7#ab7 technical assistance to improve existing irrigation practices to provide water supply benefits2 7#ac7 the investigation of1 and pilot projects for1 brackish water development and aquifer storage and recovery2 7#ad7 the lining of irrigation ditches and canals to reduce water loss and improve efficiency2 7#ae7 assistance to municipal water management entities for water supply planning in preparation for and in response to dry1 critically dry1 and below normal water years1 including-- 7,a7 hydrological forecasting2 7,b7 identification of alternative water supply sources2 and 7,c7 guidance on potential water transfer partners2 and 7#af7 any other assistance the ,secretary determines to be necessary to increase available water supplies1 maintain the health of river ecosystems1 or mitigate drought impacts4 #h4 ,secure ,water ,act reauthorization ,section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,h7-- 7i7 in clause 7i71 by striking or after the semicolon at the end2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7iii7 to plan for or address the impacts of drought4 2 and 7,b7 in paragraph 7#c77;,e71 by adding at the end the following3 7v7 ,authority of commissioner ,the ,commissioner of ,reclamation may1 at the discretion of the ,commissioner-- 7,i7 waive any cost-share requirements to address emergency drought situations2 7,,ii7 prioritize projects based on the ability of the projects-- 7aa7 to expeditiously yield multiple water supply benefits during periods of drought2 or 7bb7 to prevent any other immediate water-related crisis or conflict2 and 7,,iii7 give priority to projects demonstrating innovative conservation tools or methods that balance instream and out-of-stream water supply needs1 including water conservation and water marketing4 2 and 7#b7 in subsection 7e71 by striking #bjj1jjj1jjj and inserting #cjj1jjj1jjj4 #i4 ,reclamation ,states ,emergency ,drought ,relief ,act reauthorization ,section #cja of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbda7 is amended-- 7#a7 by striking #ij1jjj1jjj and inserting #aij1jjj1jjj2 and 7#b7 by striking #bjab and inserting #bjah4 #aj4 ,rio ,grande ,pueblo irrigation infrastructure reauthorization ,section #iajf of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acjd7 is amended-- 7#a7 in subsection 7c77#d71 by striking #b years after the date of enactment of this ,act and inserting ,december #ca1 #bjaf2 and 7#b7 in subsection 7g77#b7-- 7,a7 by striking #f1jjj1jjj and inserting #ab1jjj1jjj2 and 7,b7 by striking #bjaj through #bjai and inserting #bjae through #bjbd4 #aa4 ,regional conservation partnership program ,the ,secretary of ,agriculture may allocate financial assistance made available under subtitle ,i of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga et seq47 to establish special conservation initiatives at the local1 ,state1 or regional level to assist producers in implementing eligible activities on agricultural land in the western ,states for the purposes of-- 7#a7 mitigating the effects of drought on agricultural production and the environment2 7#b7 improving water quality and quantity1 including reducing groundwater depletion2 7#c7 restoring1 enhancing1 and preserving fish and wildlife habitat2 and 7#d7 promoting innovative and collaborative conservation tools and approaches4 #ab4 ,conservation reserve program 7a7 ,conservation priority areas ,section #abca7;f7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca7;f77 is amended-- 7#a7 in paragraph 7#b71 by striking or and all that follows through the period at the end and inserting 1 water quantity1 or habitat impacts related to agricultural production activities42 7#b7 in paragraph 7#c71 by striking or and all that follows through the period at the end and inserting 1 water quantity1 or habitat impacts related to agricultural production activities42 and 7#c7 in paragraph 7#d71 by striking water quality and habitat benefits and inserting water quality1 water quantity1 and habitat benefits4 7b7 ,special conservation reserve enhancement program ,section #abcd7;g77#b77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chcd7;g77#b77;,b77 is amended by inserting 1 including improving water conservation and drought mitigation before the period at the end4 #ac4 ,effect on ,state law 7a7 ,in general ,an action taken by any of the ,secretaries or other entity under this ,act or an amendment made by this ,act shall comply with applicable ,state laws in effect on the date of enactment of this ,act1 including a law described in subsection 7b74 7b7 ,state law ,nothing in this ,act or an amendment made by this ,act affects1 is intended to affect1 or interferes with a law of the ,state relating to the control1 appropriation1 use1 or distribution of water1 or any vested right acquired under the law4