,,ii #aaeth ,,congress #ast ,session ,s4 #ajab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #b1 #bjag,mr4 ,udall 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 preparedness 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 ,preparedness ,act of #bjag4 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 existing law4 #b4 ,definitions ,except as otherwise provided in this ,act1 in this ,act3 7#a7 ,basin ,the term ,basin-- 7,a7 is limited to areas within the ,state of ,new ,mexico2 and 7,b7 means each of-- 7i7 the ,upper ,rio ,grande ,basin2 7ii7 the ,middle ,rio ,grande ,basin2 7iii7 the ,lower ,rio ,grande ,basin2 7iv7 the ,lower ,pecos ,river ,basin2 7v7 the ,gila ,river ,basin2 7vi7 the ,canadian ,river ,basin2 7vii7 the ,san ,francisco ,river ,basin2 and 7viii7 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 ,rio ,grande ,compact ,the term ,rio ,grande ,compact means the compact approved by ,congress under the ,act of ,may #ca1 #aici 7#ec ,stat4 #ghe1 chapter #aee74 7#e7 ,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#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,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 ,basins by lease or purchase of water rights or contractual entitlements from willing lessors or sellers1 consistent with section #h of the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #chc71 the ,rio ,grande ,compact1 and applicable ,state law relating to the acquisition and administration of water rights2 and 7#b7 take any other actions1 consistent with section #h of the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #chc71 the ,rio ,grande ,compact1 and applicable ,state law1 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 the ,rio ,grande ,compact and applicable ,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 and increase system efficiency2 7#b7 incentives to the ,district for the establishment of a water leasing program from willing lessors for agricultural producers and irrigators in the ,district to temporarily lease pre-#aijg water rights 7instead of permanent severance from irrigable lands7 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 #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-- 7,a7 reducing actual consumptive use2 or 7,b7 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 and ,isleta reaches 7#a7 ,in general ,the ,secretary shall provide for development of a comprehensive plan for the ,san ,acacia and ,isleta reaches 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 an efficient and reliable supply of 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 river channel realignment project near the ,rio ,grande mile-#hc for the purpose addressing river 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 and 7,d7 development of a ,lower ,reach ,plan-- 7i7 to identify additional projects and maintenance activities with water use1 sediment management1 and delivery and ecosystem benefits2 and 7ii7 to 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 #e4 ,middle ,rio ,grande peak flow restoration 7a7 ,temporary deviation ,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 ,dam1 that was initiated in #bjji and terminated in #bjac1 to continue to evaluate the benefits of the deviation4 7b7 ,feasibility study and report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,army and the ,secretary shall-- 7#a7 conduct a feasibility study to address ,cochiti ,dam operation limitations on the timing1 magnitude1 and duration of flows that support federally listed species in the ,middle ,rio ,grande1 consistent with subsection 7c72 and 7#b7 submit to ,congress a feasibility report on the reauthorization of the purposes of ,cochiti ,dam4 7c7 ,goals ,the deviation described in 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 7#d7 maintaining channel capacity2 and 7#e7 increasing water operational flexibility and efficiencies in meeting irrigation and municipal and industrial purposes1 if the increased water operational flexibility and efficiencies enhance the goals described in paragraphs 7#a7 and 7#d74 7d7 ,monitoring ,the ,secretary of the ,army1 in cooperation with the ,secretary and other ,federal and non-,federal stakeholders 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 7e7 ,approval 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 ,cochiti2 7#b7 ,pueblo of ,santa ,ana2 and 7#c7 the ,rio ,grande ,compact ,commission4 7f7 ,reports ,the ,secretary of the ,army shall prepare and submit to ,congress-- 7#a7 for each year in which the deviations are being carried out under this section1 annual reports that describe the data compiled under subsection 7d77#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 ,definition of basin 7#a7 ,in general ,in this section1 the term basin means the ,rio ,grande and the tributaries of the ,rio ,grande between-- 7,a7 the headwaters of the ,rio ,grande and the ,rio ,chama in the ,state of ,colorado2 and 7,b7 ,elephant ,butte ,reservoir in the ,state4 7#b7 ,exclusions ,in this section1 the term basin does not include ,elephant ,butte ,reservoir1 ,caballo ,dam1 or any portion of the ,rio ,grande or the tributaries of the ,rio ,grande downstream of ,elephant ,butte ,reservoir4 7b7 ,study ,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 in the basin 7including the ,heron1 ,el ,vado1 ,abiquiu1 ,cochiti1 and ,jemez ,canyon ,dams and ,reservoirs71 which shall include-- 7#a7 an evaluation of existing basin reservoir authorizations and legal requirements2 7#b7 a summary of-- 7,a7 the physical-hydrologic understanding of existing basin reservoir operations2 and 7,b7 any potential constraints on basin reservoirs in light of climate change projections2 7#c7 an identification of opportunities to optimize water storage and management to benefit the basin ecosystem1 irrigators and municipal users1 and to promote water conservation through reauthorization of1 reoperation of1 regulation of1 or physical improvements to the reservoirs2 7#d7 an evaluation of the physical-hydrologic feasibility of the identified future basin 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 water2 7,c7 the ,pueblo ,prior and ,paramount operation water2 7,d7 changes in timing of water released to offset municipal pumping2 7,e7 changes in the timing of storage and release of floodwaters2 7,f7 the reduction of evaporative losses from basin reservoirs2 7,g7 conservation of water resulting from irrigation operation changes by non-,indian and ,pueblo irrigators2 7,h7 the impacts of management and operations on recreation and hydropower2 7,i7 the impacts of management and operations on the basin 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 health in the basin2 and 7#g7 recommendations for future management scenarios and measures that ,congress could take with respect to the basin1 consistent with all applicable law1 including the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #chc71 and the ,rio ,grande ,compact to assist the agencies in establishing more flexible operating procedures to improve the performance of basin reservoir operations in accommodating multiple purposes4 7c7 ,cosponsors ,the ,secretary of the ,army and the ,secretary may solicit cosponsors for the study under subsection 7b71 as appropriate1 including ,state or private organizations4 7d7 ,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 7e7 ,report ,not later than #b years 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 #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 each applicable program at the discretion of the ,secretaries for eligible water projects to assist western ,states and tribal governments to 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 entities with water delivery authority 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 may 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 purposes1 to be carried out in accordance with the water acquisition program established under section #c2 7#d7 agricultural and urban conservation and efficiency projects2 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 #iejd7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;a77 is amended-- 7#a7 in paragraph 7#a77;,h7-- 7,a7 in clause 7i71 by striking or at the end2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7,c7 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 ,commissioner1 waive any cost-share requirements4 4 #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 by striking #bjag and inserting #bjbb4 #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 #bjah2 and 7#b7 in subsection 7g77#b71 by striking #bjaj through #bjai and inserting #bjag through #bjbe4 #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 existing law 7a7 ,in general ,an action taken by any of the ,secretaries or another 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 7c7 ,rio ,grande ,compact ,nothing in this ,act or an amendment made by this ,act affects or is intended to affect or interfere with any obligation of a ,state under the ,rio ,grand ,compact or any litigation related to the ,rio ,grande ,compact4