H.R. 10420 — Colorado River Basin Water Security and Infrastructure Act

This section defines a covered project as one located in a Colorado River Basin State, or located outside the basin but designed to provide a water supply, energy supply, or other direct benefit to such a state, or that the Secretary determines will materially increase, preserve, transport, store, treat, or support water availability for a Colorado River Basin State.

This section exempts covered projects from the National Environmental Policy Act of 1969, including any requirement to prepare an environmental document under section 106 of that Act. It leaves in place all substantive requirements imposed by other federal laws.

This section directs the President to designate a lead Federal agency for each covered project requiring Federal approval. The lead agency must identify all required federal permits, authorizations, and approvals; establish a single review schedule and deadlines for participating agencies; coordinate reviews; prevent duplicative federal efforts; and ensure agencies conduct reviews concurrently rather than sequentially to the maximum extent practicable.

This section requires Federal agencies to determine within 30 days whether an application for a permit or authorization for a covered project is complete, and to issue a final decision within 180 days after receiving a complete application. Agencies may extend the deadline by up to 90 days if necessary to resolve a specific technical or legal issue, and must report any missed deadline to the Secretary and the House and Senate natural resources committees with the reason and expected resolution date.

This section establishes the Colorado River Basin Water Augmentation Program to provide financial assistance for eligible water augmentation projects. The program increases 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 for beneficial use.

This section establishes eligibility criteria for projects receiving financial assistance to augment Colorado River water supplies. Eligible projects must increase reliable supplies for municipal, industrial, agricultural, or other uses in a Colorado River Basin State; develop storage, conveyance, desalination, recycling, aquifer recharge, or treatment infrastructure; remove invasive vegetation such as saltcedar to reduce evapotranspiration; or otherwise provide a measurable increase in reliable water supply. Eligible infrastructure includes reservoirs, pipelines, canals, desalination facilities, water recycling plants, aquifer recharge sites, and related electrical and distribution works.

This section authorizes the Secretary to provide financial assistance under this title to states, political subdivisions of states, interstate water districts or authorities, public utilities, Indian Tribes, private entities, and consortia of two or more such entities.

This section establishes a 2-to-1 federal matching requirement for eligible projects, under which the Secretary provides $2 in federal financial assistance for each $1 of non-federal funds committed, subject to appropriations availability. The federal share may not exceed 66⅔ percent of total project cost, and the non-federal share may consist of state, local, or private funds, in-kind contributions, or a combination of those sources.

This section requires the Secretary to consult with the state or states where a project is located or that would receive a substantial benefit from it before providing financial assistance under this title. It provides that state approval is not a condition of such assistance except to the extent independently required under state water rights law.

This section directs the Secretary to give priority, in selecting projects for financial assistance under this title, to projects that provide benefits to more than one Colorado River Basin State, produce measurable additional water supplies, involve substantial non-Federal financial participation, increase municipal water supplies or food security, ensure national defense supply chains, are located in a State with laws facilitating water supplies for new residential construction, or reduce reliance on existing Colorado River water supplies.

This section authorizes the Secretary to accept and rely on existing feasibility studies, financial analyses, engineering analyses, environmental analyses, or other relevant studies completed by Federal or non-Federal entities—including states, Indian Tribes, private entities, or academic institutions—to determine project eligibility for financial assistance or construction authorization under this title. It bars requiring duplication of studies the Secretary deems sufficient and limits any additional information requests to only what is necessary to meet applicable requirements.

This section establishes the Colorado River Basin Water Augmentation Fund in the Treasury. Amounts in the fund are available to the Secretary without further appropriation to carry out this title and remain available until expended.

This section requires the Secretary to restore the Yuma Desalting Plant to operational status within 180 days of enactment and operate it at maximum technically feasible capacity consistent with applicable law. It directs the Secretary to maximize water produced for the Mexican Water Treaty while preserving an equivalent quantity of Colorado River water, and to submit annual reports to Congress on operational status, water produced, Colorado River water preserved, and any needed investments.

This section directs the Secretary, in consultation with the Secretary of State and the United States Commissioner of the International Boundary and Water Commission, to develop and implement a program for one or more seawater desalination facilities in Mexico to produce water that offsets United States deliveries of Colorado River water under the Mexican Water Treaty. It requires the Secretary of State to negotiate an agreement with Mexico covering construction, financing, ownership, operation, maintenance, and delivery of the desalinated water, and authorizes federal grants, loans, loan guarantees, or direct construction funding for such facilities.

This section directs the Secretary to maximize Colorado River system augmentation under existing authorities to reduce the quantity of water the Upper and Lower Division states must supply to meet Mexican Water Treaty obligations. It requires a determination, in consultation with the Secretary of State, that Mexico is complying with its treaty obligations before crediting any augmented water toward U.S. treaty requirements; mandates notification of Congress and the Secretary of State plus suspension of contingent federal benefits upon noncompliance; and requires the Secretary to issue the proclamation under section 202 of the Colorado River Basin Project Act once augmentation is sufficient and Mexico is in compliance. It leaves unchanged all existing U.S. delivery obligations to Mexico and all Mexican obligations to the United States.

This section establishes the Colorado River Basin Federal Water Infrastructure Program. The program directs the Secretary to investigate, plan, design, and construct major Federal water infrastructure projects that increase reliable water supply for the Colorado River Basin States, including California water-supply augmentation projects, Arizona and Nevada water-supply augmentation projects, and Upper Basin water development projects.

This section directs the Secretary to conduct a feasibility study for Federal projects in California, including those outside the Colorado River drainage basin, that capture or store water otherwise discharged to the Pacific Ocean, supply additional water to the state, and reduce California’s reliance on Colorado River water. It requires priority for projects that prevent ocean discharge, develop non-Colorado River sources such as recycled or desalinated water, and produce measurable permanent reductions in Colorado River use. The section does not establish or modify state water rights.

This section directs the Secretary to conduct a feasibility study for a Federal water storage, conveyance, or augmentation project in Arizona or serving Arizona that increases the dependable water supply available to the Central Arizona Project. Upon completion of the study, the Secretary may construct a recommended project if it is technically and economically feasible, provides a measurable increase in that supply, and can be built and operated consistent with applicable Federal law.

This section directs the Secretary to conduct a feasibility study for Federal projects that increase the Upper Basin states' ability to develop their apportioned Colorado River water supplies without impairing compliance with interstate compacts, treaties, decrees, and Federal law. It requires a report to Congress within 2 years evaluating project costs, additional water supply, beneficiaries, effects on system storage and hydropower, and necessary statutory authority for options including new reservoirs, off-stream storage, pipelines, and water treatment facilities.

This section authorizes the Secretary to construct projects described in sections 402, 403, or 404 after completion of a feasibility study, submission to the appropriate congressional committees, a determination of technical and economic feasibility, certification of consistency with applicable interstate compacts, treaties, decrees, and Federal law, and availability of appropriated funds. It provides that projects meeting these conditions require no further congressional authorization and must be constructed, operated, and maintained in accordance with Federal reclamation laws.

This section requires the Secretary to consult with the Colorado River Basin States, Indian Tribes with affected water rights or interests, affected water districts and local governments, and affected water users when carrying out the Act. It specifies that the consultation does not grant any state or political subdivision veto authority over a project authorized by federal law.

This section limits the Act's effects on water rights by prohibiting the establishment, quantification, adjudication, or modification of any water right under State law, the alteration of priorities for such rights, modification of the Supreme Court decree in Arizona v. California or related Colorado River orders, and modification of interstate compacts except where Congress expressly authorizes it.

This section protects existing lawful uses of water by prohibiting this Act from reducing or impairing them, except where federal law or a final court judgment expressly provides otherwise.

This section requires the Secretary to submit a report to Congress not later than one year after enactment and annually thereafter describing each project receiving financial assistance under title II, the amounts of federal and non-federal funds invested, the estimated and actual quantity of additional water produced, the quantity dedicated to municipal and residential uses, the status of the Yuma Desalting Plant, the status of seawater desalination negotiations for Mexico, the status of projects authorized under title IV, and any additional legislative authority needed to increase water supplies in the Colorado River Basin.

This section authorizes appropriations of $5,000,000,000 for the water augmentation program under title II, $1,000,000,000 to restore, operate, modernize, and expand the Yuma Desalting Plant, $1,000,000,000 for Mexico desalination under section 302, and $12,000,000,000 for federal water infrastructure under title IV. Amounts remain available until expended.