H.R. 5710House110th Congress (2007-2009)Passed House

Eastern New Mexico Rural Water System Authorization Act

Sponsored by Tom UdallRep. Tom Udall (D-NM)
Introduced April 3, 2008

Legislative Activity

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18 earlier actions
SenateCalendars Latest Action

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 826.

June 20, 2008

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HouseIntro Referral

Introduced in House

April 3, 2008

HouseIntro Referral

Referred to the House Committee on Natural Resources.

April 3, 2008

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E505)

April 4, 2008

HouseCommittee

Referred to the Subcommittee on Water and Power.

April 8, 2008

HouseCommittee

Subcommittee Hearings Held.

May 8, 2008

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

May 22, 2008

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 11, 2008

HouseCommittee

Ordered to be Reported by Unanimous Consent.

June 11, 2008

HouseCommittee

Reported by the Committee on Natural Resources. H. Rept. 110-714.

June 17, 2008

HouseCalendars

Placed on the Union Calendar, Calendar No. 455.

June 17, 2008

HouseFloor

Ms. Bordallo moved to suspend the rules and pass the bill.

June 17, 2008 • 3:45 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5428-5430)

June 17, 2008 • 3:45 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5710.

June 17, 2008 • 3:45 PM

HouseFloor

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Issa objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

June 17, 2008 • 3:47 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5594)

June 19, 2008 • 11:52 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays (2/3 required): 301 - 124 (Roll No. 425).(text: CR 6/17/2008 H5428-5429)

June 19, 2008 • 11:59 AM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays (2/3 required): 301 - 124 (Roll No. 425). (text: CR 6/17/2008 H5428-5429)

June 19, 2008 • 11:59 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 19, 2008 • 11:59 AM

SenateCalendars

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 826.

June 20, 2008

Floor Debate

6 members

What members said about H.R. 5710 on the floor

4 Republicans2 Democrats
Tom Udall
Rep. Tom UdallD-NM-3 · Jun 17, 2008

Mr. Speaker, today I rise in support of H.R. 5710, The Eastern New Mexico Rural Water System Authorization Act. In so doing, I would like to thank Chairman Rahall and Chairwoman Napolitano for their…

Heather Wilson
Rep. Heather WilsonR-NM-1 · Jun 17, 2008

Mr. Speaker, I rise to speak in favor of passage of H.R. 5710, the Eastern New Mexico Rural Water System Authorization Act, which will establish the Ute water pipeline. This bill authorizes…

Rob Bishop
Rep. Rob BishopR-UT-1 · Jun 17, 2008

I yield myself such time as I may consume. The gentlelady from Guam has, once again, in her role as the bill manager, adequately explained the legislation that has been introduced by our colleague…

Madeleine Z. Bordallo
Rep. Madeleine Z. BordalloD-GU · Jun 17, 2008

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5710) to authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for…

Darrell Issa
Rep. Darrell IssaR-CA-49 · Jun 17, 2008

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Show 1 more
Jeff Flake
Rep. Jeff FlakeR-AZ-6 · Jun 19, 2008

Madam Speaker, on that I demand the yeas and nays.

Bill Text

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Placed on Calendar SenateIssued June 20, 2008
        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5710 Placed on Calendar Senate (PCS)]

Calendar No. 826
110th CONGRESS
2d Session
H. R. 5710

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 20 (legislative day, June 19), 2008

Received; read twice and placed on the calendar

_______________________________________________________________________

AN ACT

To authorize the Secretary of the Interior to provide financial
assistance to the Eastern New Mexico Rural Water Authority for the
planning, design, and construction of the Eastern New Mexico Rural
Water System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Eastern New Mexico Rural Water
System Authorization Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Authority.--The term ``Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under State
law for the purposes of planning, financing, developing, and
operating the System.
(2) Engineering report.--The term ``engineering report''
means the report entitled ``Eastern New Mexico Rural Water
System Preliminary Engineering Report'' and dated October 2006.
(3) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) System.--
(A) In general.--The term ``System'' means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 16,500 acre-
feet of water per year from the Ute Reservoir to the
cities of Clovis, Elida, Grady, Melrose, Portales, and
Texico and other locations in Curry, Roosevelt, and
Quay Counties in the State.
(B) Inclusions.--The term ``System'' includes the
major components and associated infrastructure
identified as the ``Best Technical Alternative'' in the
engineering report.
(7) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the
Ute Dam on the Canadian River, located approximately 32 miles
upstream of the border between New Mexico and Texas.

SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.

(a) Financial Assistance.--
(1) In general.--The Secretary may provide financial and
technical assistance to the Authority to assist in planning,
designing, conducting related preconstruction activities for,
and constructing the System.
(2) Use.--
(A) In general.--Any financial assistance provided
under paragraph (1) shall be obligated and expended
only in accordance with a cooperative agreement entered
into under section 5(a)(2).
(B) Limitations.--Financial assistance provided
under paragraph (1) shall not be used--
(i) for any activity that is inconsistent
with constructing the System; or
(ii) to plan or construct facilities used
to supply irrigation water for irrigated
agricultural purposes.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this Act shall be not more than 75 percent of
the total cost of the System.
(2) System development costs.--For purposes of paragraph
(1), the total cost of the System shall include any costs
incurred by the Authority or the State on or after October 1,
2003, for the development of the System.
(c) Limitation.--No amounts made available under this Act may be
used for the construction of the System until--
(1) a plan is developed under section 4(b); and
(2) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(d) Title to Project Works.--Title to the infrastructure of the
System shall be held by the Authority or as may otherwise be specified
under State law.

SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.

(a) In General.--The Authority shall be responsible for the annual
operation, maintenance, and replacement costs associated with the
System.
(b) Operation, Maintenance, and Replacement Plan.--The Authority,
in consultation with the Secretary, shall develop an operation,
maintenance, and replacement plan that establishes the rates and fees
for beneficiaries of the System in the amount necessary to ensure that
the System is properly maintained and capable of delivering
approximately 16,500 acre-feet of water per year.

SEC. 5. ADMINISTRATIVE PROVISIONS.

(a) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this Act.
(2) Cooperative agreement for provision of financial
assistance.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide
financial assistance and any other assistance requested
by the Authority for planning, design, related
preconstruction activities, and construction of the
System.
(B) Requirements.--The cooperative agreement
entered into under subparagraph (A) shall, at a
minimum, specify the responsibilities of the Secretary
and the Authority with respect to--
(i) ensuring that the cost-share
requirements established by section 3(b) are
met;
(ii) completing the planning and final
design of the System;
(iii) any environmental and cultural
resource compliance activities required for the
System; and
(iv) the construction of the System.
(b) Technical Assistance.--At the request of the Authority, the
Secretary may provide to the Authority any technical assistance that is
necessary to assist the Authority in planning, designing, constructing,
and operating the System.
(c) Biological Assessment.--The Secretary shall consult with the
New Mexico Interstate Stream Commission and the Authority in preparing
any biological assessment under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) that may be required for planning and constructing
the System.
(d) Effect.--Nothing in this Act---
(1) affects or preempts--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water; or
(2) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(A) the water of a stream; or
(B) any groundwater resource.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--In accordance with the adjustment carried out
under subsection (b), there is authorized to be appropriated to the
Secretary to carry out this Act an amount not greater than
$327,000,000.
(b) Adjustment.--The amount made available under subsection (a)
shall be adjusted to reflect changes in construction costs occurring
after January 1, 2007, as indicated by engineering cost indices
applicable to the types of construction necessary to carry out this
Act.
(c) Nonreimbursable Amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under section
3(b) shall be nonreimbursable and nonreturnable to the United States.
(d) Availability of Funds.--At the end of each fiscal year, any
unexpended funds appropriated pursuant to this Act shall be retained
for use in future fiscal years consistent with this Act.

Passed the House of Representatives June 19, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.
Calendar No. 826

110th CONGRESS

2d Session

H. R. 5710

_______________________________________________________________________

AN ACT

To authorize the Secretary of the Interior to provide financial
assistance to the Eastern New Mexico Rural Water Authority for the
planning, design, and construction of the Eastern New Mexico Rural
Water System, and for other purposes.

_______________________________________________________________________

June 20 (legislative day, June 19), 2008

Received; read twice and placed on the calendar