HouseH.R. 10420119th Congress
Colorado River Basin Water Security and Infrastructure Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10420 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10420
To increase the water supply available to the Colorado River Basin,
expedite the construction of water, energy, and infrastructure in the
Basin, provide Federal financial assistance for water augmentation
projects, advance water augmentation for satisfaction of the Mexican
Water Treaty, and authorize the development of additional Federal water
infrastructure.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2026
Mr. Biggs of Arizona introduced the following bill; which was referred
to the Committee on Natural Resources, and in addition to the Committee
on Foreign Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To increase the water supply available to the Colorado River Basin,
expedite the construction of water, energy, and infrastructure in the
Basin, provide Federal financial assistance for water augmentation
projects, advance water augmentation for satisfaction of the Mexican
Water Treaty, and authorize the development of additional Federal water
infrastructure.
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 ``Colorado River Basin Water Security
and Infrastructure Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Augment; augmentation.--The terms ``augment'' and
``augmentation'' have the meaning given the terms in section
606 of the Colorado River Basin Project Act (43 U.S.C. 1556).
(2) Colorado river basin states.--The term ``Colorado River
Basin States'' the meaning given the term in section 606 of the
Colorado River Basin Project Act (43 U.S.C. 1556).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) States of the lower division.--The term ``States of the
Lower Division'' means Arizona, California, and Nevada.
(6) States of the upper division.--The term ``States of the
Upper Division'' means Colorado, New Mexico, Utah, and Wyoming.
TITLE I--EXPEDITED FEDERAL REVIEW AND PERMITTING
SEC. 101. COVERED PROJECT DEFINED.
In this title, the term ``covered project'' means a project--
(1) located--
(A) in a Colorado River Basin State; and
(B) outside the Colorado River Basin but designed
to provide a water supply, energy supply, or other
direct benefit to a Colorado River Basin State; or
(2) that the Secretary determines will materially increase,
preserve, transport, store, treat, or otherwise support the
availability of water for a Colorado River Basin State.
SEC. 102. EXCLUSION FROM NATIONAL ENVIRONMENTAL POLICY ACT.
(a) In General.--Notwithstanding any other provision of law--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) shall not apply to a covered project; and
(2) a covered project shall not be considered a proposed
agency action requiring an environmental document under section
106 of such Act (42 U.S.C. 4336).
(b) No Limitation on Other Laws.--Nothing in this section shall be
construed to--
(1) waive a requirement imposed by another Federal law
unless expressly provided by this Act; or
(2) eliminate a substantive requirement applicable to a
covered project under another Federal law.
SEC. 103. LEAD FEDERAL AGENCY.
(a) Designation.--The President shall designate a Federal agency as
the lead Federal agency for each covered project requiring Federal
approval.
(b) Coordination.--The lead Federal agency shall, with respect to
each covered project--
(1) identify each Federal permit, authorization, approval,
or other Federal action required;
(2) establish a single schedule for Federal review;
(3) coordinate the review by Federal agencies;
(4) establish deadlines for each Federal agency
participating in the review; and
(5) to the maximum extent practicable, prevent duplicative
Federal review.
(c) Concurrent Review.--To the maximum extent practicable, Federal
agencies shall conduct reviews of a covered project concurrently rather
than sequentially.
SEC. 104. EXPEDITED PERMITTING.
(a) Complete Application.--If a covered project requires a permit
or authorization from a Federal agency, not later than 30 days after
receiving an application for such permit or authorization, the
applicable Federal agency shall--
(1) determine whether the application is complete; or
(2) identify with specificity any additional information
required to complete the application.
(b) Deadline for Final Agency Action.--Except as provided in
subsection (c), not later than 180 days after receiving a complete
application for a permit or authorization described in subsection (a),
each Federal agency shall issue a final decision on the permit or
authorization.
(c) Extension.--A Federal agency may extend the deadline under
subsection (b) by not more than 90 days if the head of the agency
determines in writing that the extension is necessary to resolve a
specific technical or legal issue.
(d) Failure To Meet Deadline.--If a Federal agency fails to issue a
final decision by the deadline established under this section, the head
of the agency shall submit to the Secretary and the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a written explanation
identifying--
(1) the permit or authorization that remains pending;
(2) the reason for the delay; and
(3) the date by which the agency will issue a final
decision.
TITLE II--COLORADO RIVER BASIN WATER AUGMENTATION PROGRAM
SEC. 201. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary shall establish a program, to be
known as the ``Colorado River Basin Water Augmentation Program'', to
provide financial assistance for eligible water augmentation projects.
(b) Purpose.--The purpose of the Program shall be to increase the
supply of water available to the Colorado River Basin States through
projects that augment, store, treat, transport, or otherwise increase
the reliable supply of water available for beneficial use.
SEC. 202. ELIGIBLE PROJECTS.
(a) In General.--A project shall be eligible for financial
assistance under this title if the project--
(1) augments the water supply of the Colorado River or its
tributaries;
(2) increases the reliable supply of water available for
municipal, industrial, agricultural, or other beneficial use in
a Colorado River Basin State;
(3) develops, expands, or rehabilitates water storage or
conveyance infrastructure;
(4) develops or expands desalination, water recycling,
advanced water treatment, aquifer recharge, or other water
supply infrastructure;
(5) removes, controls, or replaces invasive or non-native
vegetation, including saltcedar (Tamarix spp.), in a manner
that is expected to reduce evapotranspiration, increase water
salvage, improve water delivery, or increase the reliable
supply of water available for beneficial use;
(6) develops infrastructure necessary to deliver augmented
water to users; or
(7) is otherwise determined by the Secretary to provide a
measurable increase in the reliable water supply available to a
Colorado River Basin State.
(b) Infrastructure.--An eligible project may include--
(1) a reservoir or other storage facility;
(2) a pipeline, canal, aqueduct, or other conveyance
facility;
(3) a desalination facility;
(4) a water recycling or advanced treatment facility;
(5) an aquifer recharge facility;
(6) a water treatment or distribution facility;
(7) electrical generation or transmission infrastructure
necessary to operate an eligible water supply project; and
(8) related and incidental works.
SEC. 203. ELIGIBLE RECIPIENTS.
The Secretary may provide financial assistance under this title
to--
(1) a State;
(2) a political subdivision of a State;
(3) an interstate water district or authority;
(4) a public utility;
(5) an Indian Tribe;
(6) a private entity; or
(7) a consortium of 2 or more entities described in
paragraphs (1) through (6).
SEC. 204. FEDERAL COST SHARE.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall provide $2 in Federal financial assistance for each $1
of non-Federal funds committed to an eligible project.
(b) Non-Federal Share.--The non-Federal share of a project may
consist of--
(1) State funds;
(2) local funds;
(3) private funds;
(4) in-kind contributions, as determined appropriate by the
Secretary; or
(5) a combination of amounts described in paragraphs (1)
through (4).
(c) Federal Share.--The Federal share of an eligible project may
not exceed 66\2/3\ percent of the total project cost.
SEC. 205. STATE CONSULTATION.
(a) Consultation Required.--Before providing financial assistance
for a project under this title, the Secretary shall consult with the
State or States--
(1) in which the project is located; or
(2) that would receive a substantial benefit from the
project.
(b) No State Approval Required.--Except to the extent approval is
independently required under applicable State law governing water
rights, nothing in this title shall be construed to require the
approval of a State as a condition of Federal financial assistance.
SEC. 206. PROJECT PRIORITIES.
In selecting projects for financial assistance under this title,
the Secretary shall give priority to projects that--
(1) provide benefits to more than one Colorado River Basin
State;
(2) produce measurable additional water supplies;
(3) involve substantial non-Federal financial
participation;
(4) increase municipal water supplies;
(5) increase food security;
(6) ensure national defense supply chains:
(7) are located in a State that has enacted laws or
regulations designed to facilitate the development of
additional water supplies for new residential construction; or
(8) reduce reliance on existing Colorado River water
supplies.
SEC. 207. USE OF EXISTING STUDIES AND ANALYSES.
(a) In General.--For purposes of determining whether a project is
eligible for financial assistance or authorized for construction under
this title, the Secretary may accept and rely upon a feasibility study,
financial analysis, engineering analysis, technical study,
environmental analysis, or other relevant study or analysis that was
completed before or after the date of enactment of this Act by a
Federal or non-Federal entity.
(b) Non-Federal Studies.--A study or analysis described in
subsection (a) may include a study or analysis prepared by--
(1) a State;
(2) a political subdivision of a State;
(3) an interstate water district or authority;
(4) an Indian Tribe;
(5) a private entity;
(6) an academic institution; or
(7) another non-Federal entity.
(c) Secretary Review.--The Secretary shall determine whether a
study or analysis described in subsection (a) is sufficiently reliable,
complete, and current to satisfy, in whole or in part, an applicable
requirement under this title.
(d) No Duplication Required.--The Secretary shall not require a
project sponsor to reproduce or substantially duplicate a study or
analysis that the Secretary determines is sufficient to satisfy an
applicable requirement under this title.
(e) Additional Information.--If the Secretary determines that a
study or analysis described in subsection (a) is insufficient to
satisfy an applicable requirement under this title, the Secretary may
require the project sponsor to provide only such additional information
or analysis as the Secretary determines is necessary to satisfy that
requirement.
(f) Non-Federal Feasibility Studies.--The Secretary shall
administer this section consistent with the treatment of feasibility
studies prepared by non-Federal interests under section 203 of the
Water Resources Development Act of 1986 (33 U.S.C. 2231).
SEC. 208. WATER AUGMENTATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Colorado River Basin Water
Augmentation Fund''.
(b) Use of Fund.--Amounts in the fund established under subsection
(a) shall be available to the Secretary, without further appropriation,
to carry out this title.
(c) Availability.--Amounts appropriated pursuant to this section
shall remain available until expended.
TITLE III--MEXICAN WATER TREATY AUGMENTATION
SEC. 301. YUMA DESALTING PLANT.
(a) Operation.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall--
(1) restore the Yuma Desalting Plant (referred to in this
section as the ``plant'') to operational status; and
(2) operate the plant at the maximum technically feasible
capacity consistent with applicable law and the physical
operating limitations of the plant.
(b) Water Benefit.--The Secretary shall operate the plant in a
manner that maximizes the quantity of water that may be used to satisfy
the requirements of the Mexican Water Treaty while preserving an
equivalent quantity of water in the Colorado River system to the
maximum extent practicable.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to
Congress a report describing--
(1) the operational status of the plant;
(2) the quantity of water produced;
(3) the quantity of Colorado River water preserved as a
result of plant operations; and
(4) any additional investments necessary to increase the
capacity or reliability of the plant.
SEC. 302. MEXICO DESALINATION PROGRAM.
(a) In General.--The Secretary, in consultation with the Secretary
of State and the United States Commissioner of the International
Boundary and Water Commission, shall develop and implement a program to
facilitate the development of one or more seawater desalination
facilities in Mexico for the purpose of producing water that may be
used to satisfy, offset, replace, or otherwise reduce the quantity of
Colorado River water required to satisfy the obligations of the United
States under the Mexican Water Treaty (Treaty Series 994).
(b) Negotiation With Mexico.--The Secretary of State shall seek to
enter into an agreement with the Government of Mexico providing for--
(1) the construction, financing, ownership, operation, or
maintenance of one or more seawater desalination facilities;
(2) the delivery of desalinated water to Mexico;
(3) recognition of the desalinated water, to the maximum
extent authorized by applicable law and agreed to by the
parties, as satisfying, offsetting, replacing, or otherwise
reducing the obligation of the United States to deliver
Colorado River water to Mexico; and
(4) a corresponding reduction in the amount of Colorado
River water required to be delivered from the Colorado River
system.
(c) Federal Financial Assistance.--The Secretary may provide
financial assistance for a facility described in subsection (a),
including through grants, loans, loan guarantees, or direct Federal
construction.
(d) Limitation.--No facility located outside the United States may
be constructed or operated under this section without the consent of
the country in which the facility is located.
SEC. 303. IMPLEMENTATION OF SECTION 202 OF THE COLORADO RIVER BASIN
PROJECT ACT.
(a) In General.--The Secretary shall use the authorities provided
under this Act and section 202 of the Colorado River Basin Project Act
(43 U.S.C. 1512) to maximize the extent to which augmentation of the
Colorado River system reduces the quantity of Colorado River water
required from the States of the Upper Division and States of the Lower
Division to satisfy the requirements of the Mexican Water Treaty.
(b) Mexican Compliance.--Before crediting any water produced
through a project authorized under this title toward satisfaction,
reduction, replacement, or offset of any obligation of the United
States under the Mexican Water Treaty, the Secretary, in consultation
with the Secretary of State, shall determine that Mexico is in
compliance with its applicable obligations under the Mexican Water
Treaty, including any obligation to deliver or return water to the
United States under the Mexican Water Treaty.
(c) Noncompliance.--If the Secretary determines that Mexico is not
in compliance with an applicable obligation under the Mexican Water
Treaty, the Secretary shall--
(1) notify the Secretary of State and the appropriate
committees of Congress of the noncompliance; and
(2) suspend any additional Federal benefit under this title
that is contingent upon Mexican compliance until the Secretary
determines that the noncompliance has been remedied or
otherwise resolved pursuant to the Mexican Water Treaty.
(d) Proclamation.--Upon determining that means are available and in
operation that augment the water supply of the Colorado River system in
a quantity sufficient to satisfy the requirements of the Mexican Water
Treaty and associated losses, and that Mexico is in compliance with its
applicable obligations under the Mexican Water Treaty, the Secretary
shall make the determination and proclamation required under section
202 of the Colorado River Basin Project Act (43 U.S.C. 1512).
(e) No Reduction of Mexican Delivery.--Nothing in this title shall
be construed to reduce any obligation of the United States to Mexico
under the Mexican Water Treaty.
(f) No Waiver of Mexican Obligations.--Nothing in this title shall
be construed to waive, reduce, modify, or otherwise impair any
obligation of Mexico under the Mexican Water Treaty.
TITLE IV--FEDERAL COLORADO RIVER WATER INFRASTRUCTURE
SEC. 401. COLORADO RIVER BASIN FEDERAL WATER INFRASTRUCTURE PROGRAM.
(a) Establishment.--The Secretary shall establish a program to
investigate, plan, design, and construct major Federal water
infrastructure projects that increase the reliable water supply
available to the Colorado River Basin States.
(b) Project Categories.--The program shall include--
(1) California water-supply augmentation projects;
(2) Arizona and Nevada water-supply augmentation projects;
and
(3) Upper Basin water development projects.
SEC. 402. CALIFORNIA WATER CAPTURE AND OCEAN DISCHARGE PREVENTION.
(a) Investigation.--The Secretary shall conduct a feasibility study
for Federal projects located in California, including a project located
outside the natural drainage area of the Colorado River system, that--
(1) captures, stores, or otherwise makes available water
that would otherwise be discharged to the Pacific Ocean;
(2) provides additional water supplies to California; and
(3) reduces California's reliance on Colorado River water.
(b) Priority.--In conducting the study and evaluating potential
projects under this section, the Secretary shall give priority to
projects that--
(1) prevent water that would otherwise be available for
beneficial use in California from being discharged to the
Pacific Ocean;
(2) develop, capture, store, recycle, desalinate, or
otherwise make available water from sources other than the
Colorado River; and
(3) produce a measurable and permanent reduction in
California's reliance on Colorado River water.
(c) State Water Law.--Nothing in this section shall be construed to
establish or modify a water right under State law.
SEC. 403. ARIZONA AND NEVADA WATER-SUPPLY AUGMENTATION PROJECTS.
(a) Feasibility Study.--The Secretary shall conduct a feasibility
study for a Federal water storage, conveyance, or augmentation project
located in Arizona or serving Arizona that increases the dependable
water supply available to the Central Arizona Project.
(b) Relation to Existing Law.--In carrying out this section, the
Secretary shall consider and update the reconnaissance investigations
authorized under section 201 of the Colorado River Basin Project Act
(43 U.S.C. 1511) and the authorities governing the Central Arizona
Project under section 301 of that Act (43 U.S.C. 1521).
(c) Project Types.--The projects studied under this section may
include--
(1) a dam and reservoir;
(2) an off-stream storage facility;
(3) a pipeline or other conveyance facility;
(4) a desalination or advanced water treatment facility;
(5) an aquifer recharge facility; or
(6) another project that increases the dependable water
supply available to the Central Arizona Project.
(d) Construction.--Upon completion of a feasibility study, the
Secretary shall submit the recommended project to Congress and may
commence construction of the project upon a determination that--
(1) the project is technically feasible;
(2) the project is economically feasible;
(3) the project will provide a measurable increase in the
dependable water supply available to Arizona; and
(4) the project can be constructed and operated consistent
with applicable Federal law.
SEC. 404. UPPER BASIN WATER DEVELOPMENT PROJECTS.
(a) Feasibility Study.--The Secretary shall conduct a feasibility
study for a Federal project that increases the ability of the States of
the Upper Division to develop their apportioned water supplies without
impairing compliance with applicable interstate compacts, treaties,
decrees, and Federal law.
(b) Project Types.--Any projects studied under this section may
include--
(1) a new reservoir;
(2) an off-stream storage facility;
(3) a pipeline or other conveyance facility from an
existing reservoir;
(4) a water treatment or augmentation facility; or
(5) another project that increases the reliable water
supply available for use in the Upper Basin.
(c) Compliance With Existing Law.--A project authorized under this
section shall be planned and operated in a manner that does not
increase the obligation of the States of the Upper Basin to deliver
water at Lees Ferry under applicable law.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
identifies, and evaluates the feasibility of each project studied under
this section based on--
(1) the estimated cost of the project;
(2) the estimated additional water supply the project would
provide;
(3) the expected beneficiaries of the project;
(4) the expected effect of the project on Colorado River
system storage;
(5) the expected effect of the project on hydropower
generation;
(6) the statutory authority necessary to construct and
operate the project; and
(7) any other factor the Secretary determines to be
material to the feasibility, cost, or operation of the project.
SEC. 405. AUTHORIZATION OF CONSTRUCTION.
(a) In General.--The Secretary is authorized to construct a project
described in sections 402, 403, or 404 after--
(1) completion or acceptance of a feasibility study;
(2) submission of the feasibility study to the appropriate
congressional committees;
(3) a determination by the Secretary that the project is
technically and economically feasible;
(4) certification that construction of the project is
consistent with applicable interstate compacts, treaties,
decrees, and Federal law; and
(5) availability of amounts authorized to be appropriated
for construction of the project.
(b) No Further Congressional Authorization Required.--A project
that satisfies the requirements of subsection (a) shall be considered
authorized for construction, and the Secretary may commence
construction without further authorization by an Act of Congress.
(c) Federal Reclamation Laws.--Except as otherwise provided in this
Act, a project authorized under this title shall be constructed,
operated, and maintained in accordance with the Federal reclamation
laws, consistent with section 604 of the Colorado River Basin Project
Act (43 U.S.C. 1554).
TITLE V--ADMINISTRATION AND GENERAL PROVISIONS
SEC. 501. STATE AND TRIBAL CONSULTATION.
(a) Consultation.--In carrying out this Act, the Secretary shall
consult with--
(1) the Colorado River Basin States;
(2) Indian Tribes with water rights or other interests
affected by a project;
(3) affected water districts and local governments; and
(4) affected water users.
(b) No Veto Power Implied.--Nothing in this section shall be
construed to provide a State or political subdivision with authority to
veto a project otherwise authorized by Federal law.
SEC. 502. WATER RIGHTS.
Nothing in this Act shall--
(1) establish, quantify, adjudicate, or modify a water
right under State law;
(2) alter the priority of a water right established under
State law;
(3) modify the decree entered by the Supreme Court of the
United States in Arizona v. California, 547 U.S. 150 (2006), or
any subsequent decree or order relating to the Colorado River;
or
(4) modify an interstate compact except to the extent
expressly authorized by Congress.
SEC. 503. PROTECTION OF EXISTING USES.
Nothing in this Act shall be construed to reduce or impair an
existing lawful use of water, except to the extent expressly provided
by Federal law or a final judgment of a court of competent
jurisdiction.
SEC. 504. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit to Congress a report
describing--
(1) each project receiving financial assistance under title
II;
(2) the amount of Federal financial assistance provided;
(3) the amount of non-Federal funds invested;
(4) the estimated and actual quantity of additional water
produced;
(5) the quantity of additional water dedicated to municipal
and residential uses;
(6) the status of the Yuma Desalting Plant;
(7) the status of negotiations concerning seawater
desalination for Mexico;
(8) the status of projects authorized under title IV; and
(9) any additional legislative authority necessary to
increase water supplies in the Colorado River Basin.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
(a) Water Augmentation Program.--There is authorized to be
appropriated $5,000,000,000 to carry out title II.
(b) Yuma Desalting Plant.--There is authorized to be appropriated
$1,000,000,000 to restore, operate, modernize, and expand the Yuma
Desalting Plant.
(c) Mexico Desalination.--There is authorized to be appropriated
$1,000,000,000 to carry out section 302.
(d) Federal Water Infrastructure.--There is authorized to be
appropriated $12,000,000,000 to carry out title IV.
(e) Availability.--Amounts appropriated pursuant to this section
shall remain available until expended.
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