[DOCID: f:sr012.110]
From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]
Calendar No. 37
110th Congress Report
SENATE
1st Session 110-12
======================================================================
NEW MEXICO WATER PLANNING ASSISTANCE ACT
_______
February 15, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 255]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 255) 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 without amendment and recommends that
the bill do pass.
PURPOSE
The purpose of S. 255 is to provide assistance to the State
of New Mexico for the development of comprehensive State water
plans.
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. 255 was introduced on January 10, 2007, by Senators
Domenici and Bingaman.
During the 109th Congress, the Committee considered similar
legislation, S. 178, also sponsored by Senators Domenici and
Bingaman. The Committee ordered S. 178 favorably reported on
February 9, 2005 (S. Rept. 109-16) and the Senate passed the
bill by unanimous consent on July 26, 2005. No further action
occurred prior to the sine die adjournment of the 109th
Congress.
During the 108th Congress, the Committee considered a
similar measure, S. 2460. The Subcommittee on Water and Power
held a hearing on S. 2460 on June 17, 2004 (S. Hrg. 108-668)
and the Committee ordered S. 2460, as amended, favorably
reported on July 14, 2004 (S. Rept. 108-326). S. 2460 passed
the Senate by unanimous consent on September 15, 2004.
At the business meeting on January 31, 2007, the Committee
on Energy and Natural Resources ordered S. 255 favorably
reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business meeting on January 31, 2007, by a voice vote of a
quorum present, recommends that the Senate pass S. 255.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``New Mexico Water
Planning Assistance Act.''
Section 2 defines key terms used in the Act.
Section 3(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 2006 through 2010 to carry out the Act.
Section 5 sunsets the authority provided by the act after
10 years.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 255 New Mexico Water Planning Assistance Act--As ordered reported by
the Senate Committee on Energy and Natural Resources on January
31, 2007
Summary: S. 255 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 2008-2012 period
for technical assistance and grants. S. 255 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 $14 million
over the 2008-2012 period and an additional $1 million after
that period. Enacting S. 255 would not affect direct spending
or revenues.
S. 255 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. 255 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. 255 will be enacted near the end of 2007. Based
on historical spending patterns for similar projects, CBO
estimates that implementing this bill would cost $14 million
over the 2008-2012 period and an additional $1 million after
that period.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
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. 255
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: Lisa Ramirez-
Branum; and Impact on the Private Sector: Amy Petz.
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. 255. 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. 255.
EXECUTIVE COMMUNICATIONS
Because S. 255 is similar to legislation considered during
the 109th and 108th Congresses, the Committee did not request
Executive Agency views. The testimony provided by the Bureau of
Reclamation at the Subcommittee hearing on S. 2460 in the 108th
Congress follows:
Statement of John W. Keys, III, Commissioner Bureau of Reclamation,
Department of the Interior
Madam Chair, my 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 costsharing requirement is
inconsistent with the funding arrangements that Reclamation and
the 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 on 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 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. 255 as ordered
reported.
<all>