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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4549 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4549
To ensure the reliable delivery of water to the United States under the
1944 Water Treaty, to provide a mechanism to compensate United States
agricultural producers for economic losses resulting from delivery
shortfalls, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2026
Mr. Cornyn introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To ensure the reliable delivery of water to the United States under the
1944 Water Treaty, to provide a mechanism to compensate United States
agricultural producers for economic losses resulting from delivery
shortfalls, 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 ``Water Assurance and Treaty
Enforcement for Rio Grande Farmers Act'' or the ``WATER for Farmers
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Treaty relating to the Utilization of Waters of the
Colorado and Tijuana Rivers and of the Rio Grande, signed at
Washington February 3, 1944 (9 Bevans 1166), between the United
States and Mexico (in this Act referred to as the ``1944 Water
Treaty'' or the ``Treaty''), intends for Mexico to deliver
annually to the United States a minimum of 350,000 acre-feet of
water from the Rio Grande basin, measured in cycles of 5
consecutive years.
(2) The practice of relying on storm events to comply with
the terms of the Treaty, unpredictable yearly deliveries, and
accumulating large deficits, create profound uncertainty and
have inflicted severe economic harm on United States
agricultural producers and communities in South Texas who rely
on regular delivery of water under the Treaty.
(3) Those annual economic harms have a direct impact on
interstate and international commerce, distort agricultural
markets, and create unfair competitive conditions for United
States agricultural producers.
(4) Recent diplomatic agreements between the United States
and Mexico, including Minutes 325 and 331 of the International
Boundary and Water Commission, do not contain sufficient
enforcement mechanisms to guarantee the reliable delivery of
water necessary for agricultural planning and production.
(5) New enforcement mechanisms are necessary to ensure the
benefits of the 1944 Water Treaty are fully realized by the
United States.
SEC. 3. DETERMINATION OF WATER DELIVERY SHORTFALLS.
(a) In General.--Not later than 30 days after the end of each year
of a five-year water delivery cycle under the 1944 Water Treaty, the
Secretary of State, in consultation with the United States Commissioner
of the International Boundary and Water Commission and the Secretary of
Agriculture, shall determine whether Mexico has delivered the quantity
of water for that year required under subsection (b). If it is
determined that Mexico has not delivered that quantity of water for
that year, Mexico shall be considered in a water delivery shortfall for
that year.
(b) Annual Delivery Requirement.--
(1) In general.--The minimum quantity of water required to
be delivered by Mexico by the end of each year of a cycle of 5
consecutive years under the 1944 Water Treaty shall be 350,000
acre-feet.
(2) Actions by secretary of state.--The Secretary of State
shall take such actions as are necessary to formalize the
requirement described in paragraph (1).
SEC. 4. IMPOSITION OF DUTIES DURING PERIOD OF WATER DELIVERY
SHORTFALLS.
(a) In General.--The United States Trade Representative, in
consultation with the Secretary of State, the Secretary of Agriculture,
and the United States Commissioner of the International Boundary and
Water Commission, shall impose duties with respect to imports of goods
from Mexico during the period--
(1) beginning on the date that is 90 days after a
determination is made under section 3(a) that Mexico is in a
water delivery shortfall for a year; and
(2) ending on the date that is 30 days after the Secretary
of State, in consultation with the Secretary of Agriculture,
the United States Trade Representative, and the United States
Commissioner of the International Boundary and Water
Commission, determines and certifies to Congress that Mexico
has remedied the water delivery shortfalls for all preceding
years.
(b) Goods Subject to Duties.--The United States Trade
Representative shall determine the goods imported from Mexico to be
subject to duties under subsection (a), prioritizing the imposition of
such duties with respect to--
(1) agricultural products or other goods for which such
duties are likely to have a significant economic impact on
Mexico; and
(2) goods produced in areas that use water from--
(A) the Rio Grande River; or
(B) tributaries that should flow to the Rio Grande
River.
(c) Increased Duties for Shortfall Carryovers.--If Mexico is in a
water delivery shortfall for a second or subsequent consecutive year,
the United States Trade Representative shall increase the duties
imposed with respect to imports of goods from Mexico, by--
(1) increasing the rates of duty applicable to such goods;
or
(2) expanding the categories of goods to which such duties
apply.
SEC. 5. SOUTH TEXAS AGRICULTURAL COMPENSATION TRUST FUND.
(a) In General.--There is established in the Treasury of the United
States a trust fund, to be known as the South Texas Agricultural
Compensation Trust Fund (in this section referred to as the ``Trust
Fund''), consisting of--
(1) amounts transferred to the trust fund under subsection
(b); and
(2) any amounts that may be credited to the trust fund
under subsection (c).
(b) Transfer of Amounts.--The Secretary of the Treasury shall
transfer to the Trust Fund, from the general fund of the Treasury, an
amount equivalent to the amount received into the general fund and
attributable to duties collected under section 4.
(c) Investment of Amounts.--
(1) Investment of amounts.--The Secretary shall invest such
portion of the Trust Fund as is not required to meet current
withdrawals in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
(2) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Trust Fund shall be credited to and form a part of the
Trust Fund.
(d) Availability of Amounts.--Amounts in the Trust Fund shall be
available, without further appropriation, to the Secretary of
Agriculture to provide direct financial compensation to agricultural
producers who have suffered economic losses as determined under section
6.
SEC. 6. COMPENSATION OF UNITED STATES AGRICULTURAL PRODUCERS HARMED BY
WATER DELIVERY SHORTFALLS.
(a) In General.--Not later than 90 days after a determination is
made under section 3(a) that Mexico is in a water delivery shortfall
for a year, the Secretary of Agriculture, in consultation with the
Secretary of State and the United States Commissioner of the
International Boundary and Water Commission, shall calculate the direct
economic losses incurred by United States agricultural producers in the
Rio Grande Valley as a result of the shortfall.
(b) Compensation Formula.--The Secretary shall calculate direct
economic losses under subsection (a) at the amount equal to the product
of--
(1) the shortfall volume in acre-feet, multiplied by
(2) the economic value per acre-foot, multiplied by
(3) the impact multiplier.
(c) Definitions.--In this section:
(1) Economic value per acre-foot.--The term ``economic
value per acre-foot'' means the value derived by the Secretary
of Agriculture by considering comprehensive and regularly
updated studies of South Texas agricultural economics,
including direct crop revenue losses, increased costs for
alternative water sources, elevated water rates, the higher
value and vulnerability of specialty crops, and regional
variations in water value.
(2) Impact multiplier.--The term ``impact multiplier''
means the multiplier derived by the Secretary of Agriculture by
considering indirect and cascading economic impacts beyond
direct farm gate losses, including job losses in agriculture
and related sectors, reduced supplies to downstream industries,
and closures of agricultural processing businesses.
(3) Shortfall volume in acre-feet.--The term ``shortfall
volume in acre-feet'' means the difference between Mexico's
required water delivery under section 3(b) for a year and the
actual volume of water delivered to the United States in acre-
feet during that year.
SEC. 7. DATA COLLECTION AND REVIEW.
The United States Section of the International Boundary and Water
Commission, in coordination with the Secretary of Agriculture and the
Secretary of State, shall collect, monitor, and publicly report, on a
monthly basis, detailed, real-time data on--
(1) the delivery of water under the 1944 Water Treaty;
(2) precise calculations of water delivery shortfalls; and
(3) the status of compensation payments made under section
6.
SEC. 8. INTERACTION WITH TREATY AND OTHER LAWS.
(a) Treaty.--This Act is intended to be construed and applied in a
manner consistent with the obligations of the United States under the
1944 Water Treaty.
(b) Other Laws.--Nothing in this Act shall be construed to diminish
or impair any right or remedy available under--
(1) any other provision of Federal or State law, except as
required by this Act; or
(2) any other international agreement.
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