[Senate Report 108-267]
[From the U.S. Government Publishing Office]
Calendar No. 522
108th Congress Report
SENATE
2d Session 108-267
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ARCH HURLEY CONSERVANCY DISTRICT, NEW MEXICO
_______
May 20, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1071]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1071) to authorize the Secretary of the
Interior, through the Bureau of Reclamation, to conduct a
feasibility study on a water conservation project within the
Arch Hurley Conservancy District in the State of New Mexico,
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:
On page 3, line 5, strike ``$500,000'' and insert
``$2,500,000''.
PURPOSE OF THE MEASURE
S. 1071 would direct the Secretary of the Interior to
conduct a feasibility study on a water conservation project
within the Arch Hurley Conservancy District in the State of New
Mexico.
BACKGROUND AND NEED
The legislation authorizes the Secretary of the Interior to
conduct a feasibility study on a water conservation project
within the Arch Hurley Conservancy District in eastern New
Mexico, near Tucumcari, New Mexico. The Conservancy District
receives its water supply from Conchas Lake on the Canadian
River and delivers it through an unlined canal to irrigate
approximately 41,400 acres of farmland in the area. The
district has suggested the possibility of lining the canal to
eliminate a large amount of seepage which could make available
a portion of the saved water to address water supply needs in
the Pecos River basin. The non-conveyed water would be
available to shore up the District's supply in times of
drought.
LEGISLATIVE HISTORY
S. 1071 was introduced by Senator Bingaman on May 15, 2003
and was referred to the Committee on Energy and Natural
Resources. The Subcommittee on Water and Power held a hearing
on S. 1071 on October 15, 2003. S. Hrg. 108-271. The Committee
on Energy and Natural Resources ordered S. 1071, as amended,
favorably reported on April 28, 2004.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on April 28, 2002, by a unanimous voice vote
of a quorum present, recommends that the Senate pass S. 1071,
as amended as described herein.
COMMITTEE AMENDMENTS
During the consideration of S. 1071, the Committee adopted
an amendment to increase the authorization amount from $500,000
to $2,500,000.
SECTION-BY-SECTION ANALYSIS
Section 1, subsection (a) authorizes the Secretary of the
Interior, through the Bureau of Reclamation, and in
consultation and cooperation with the Arch Hurley Conservancy
District and the State Engineer in New Mexico, to conduct a
feasibility study regarding implementation of a water
conservation project that will minimize water losses from the
irrigation conveyance works of the District.
Subsection (b) requires the Secretary, upon completion of
the feasibility study, to transmit a report of the results to
the Congress. The subsection also requires the Secretary to
utilize relevant reports and other information supplied by the
District or the State Engineer.
Section 2, subsection (a) authorizes $2,500,000 to carry
out the Act.
Subsection (b) provides that the Federal share of the costs
shall not exceed 50 percent of the total unless the Secretary
waives or limits the non-Federal share upon a demonstration
that the District is unable to contribute the required share.
The subsection also authorizes the Secretary to accept in-kind
services from the District as part of the non-federal cost
share contribution.
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, May 3, 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. 1071, a bill to
authorize the Secretary of the Interior, through the Bureau of
Reclamation, to conduct a feasibility study on a water
conservation project within the Arch Hurley Conservancy
District in the state of New Mexico, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 1071--A bill to authorize the Secretary of the Interior, through the
Bureau of Reclamation, to conduct a feasibility study on a
water conservation project within the Arch Hurley Conservancy
District in the state of New Mexico, and for other purposes
Summary: S. 1071 would authorize the Secretary of the
Interior through the Bureau of Reclamation to conduct a study
to determine the feasibility of implementing a water
conservation project in the Arch Hurley Conservancy District in
New Mexico. The bill would authorize the appropriation of $2.5
million to conduct this study.
Assuming appropriation of the authorized amount, CBO
estimates that implementing S. 1071 would cost $2.5 million
over the 2005-2009 period. Enacting the bill would not affect
direct spending or revenues. S. 1071 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 S. 1071 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. 1071 will be enacted before the end of fiscal
year 2004 and that the authorized amount will be appropriated
in fiscal year 2005. Outlay estimates are based on historical
spending patterns of similar projects.
----------------------------------------------------------------------------------------------------------------
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 0 0 0 0
Estimated outlays.................................................. 2 1 0 0 0
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Intergovernmental and private-sector impact: S. 1071
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Julie Middleton.
Impact on State, Local, and Tribal Governments: Marjorie
Miller. Impact on the Private Sector: Paige Piper/Bach.
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. 1071. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
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. 1071.
EXECUTIVE COMMUNICATIONS
On March 5, 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. 1071. These reports had not been
received at the time the report on S. 1071 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, U.S.
Department of the Interior
Madam Chairman, my name is John Keys III and I am the
Commissioner of the Bureau of Reclamation (Reclamation). I am
pleased to be here today to present the views of the Department
of the Interior (Department) regarding S. 1071, which would
authorize a feasibility study on water conservation within the
Arch Hurley Conservancy District (District). The feasibility
study will also identify options for using saved water and cost
sharing options, including debt relief for the District. We
could support S. 1071 with modifications to Section 2(a),
authorization of appropriations.
The District is currently suffering from a severe drought.
In 2002, the District members received 3 inches of water per
acre, only 17% of their maximum allotment. The water was
delivered in a period of six-weeks. In 2003, no water was
delivered to any of the District members. The District has a
history of low water supply and has experienced trouble meeting
repayment obligations. Deferrals of the annual repayment were
made in 1975, 1976, 2002, and 2003.
The low water supply has had significant impacts on the
irrigation system. Primarily, maintenance has been deferred and
portions of the system are in disrepair. If the feasibility
study identifies debt relief as a benefit for the District, the
funds once used for debt payments will be available for
maintenance of the irrigation system. Furthermore, the
feasibility study will consider making some of the saved water
available to the District, resulting in an increased water
supply.
We believe that a feasibility study is appropriate to
consider whether conveying saved water to the Pecos River is
practicable. Conveying the water to the Pecos River has many
benefits. Like many other western rivers, the Pecos River is
over allocated, contains a threatened species, and is in danger
of violating the interstate compact. This year the state of New
Mexico delivery shortfall to Texas may reach 6,000 acre-feet.
Under no circumstances is the state of New Mexico allowed to
provide less than required by the compact. Additionally, the
Pecos River has target flows to prevent jeopardy of the
threatened Pecos Bluntnose Shiner. Conserved water from the
District will provide flexibility when meeting the identified
target flows. Importation of the saved water into the Pecos
River Basin will reduce impacts from the Endangered Species Act
to Pecos Valley farmers.
With respect to S. 1071, the Department is primarily
concerned with the amount of $500,000 authorized in Section
2(a) to complete the study. Our total cost estimate for the
feasibility study is $2,500,000. Reclamation recommends up to
$2,500,000 be authorized.
Madam Chairman that concludes my remarks and I would be
happy to respond to any questions the Committee may 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. 1071, as
ordered reported.