Colorado River Basin Water Security and Infrastructure Act

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. <all>