[Senate Report 108-21]
[From the U.S. Government Publishing Office]
Calendar No. 36
108th Congress Report
SENATE
1st Session 108-21
======================================================================
HIGH PLAINS AQUIFER HYDROGEOLOGIC CHARACTERIZATION, MAPPING, MODELING
AND MONITORING ACT
_______
March 19, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 212]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 212) to authorize the Secretary of the
Interior to cooperate with the High Plains States in conducting
a hydrogeologic characterization, mapping, modeling and
monitoring program for the High Plains Aquifer, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and an amendment to the title and recommends
that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Plains Aquifer Hydrogeologic
Characterization, Mapping, and Modeling Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Association.--The term ``Association'' means the
Association of American State Geologists.
(2) Council.--The term ``Council'' means the Western States
Water Council.
(3) Director.--The term ``Director'' means Director of the
United States Geological Survey.
(4) High plains aquifer.--The term ``High Plains Aquifer'' is
the groundwater reserve depicted as Figure 1 in the United
States Geological Survey Professional Paper 1400-B, titled
``Geohydrology of the High Plains Aquifer in Parts of Colorado,
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas,
and Wyoming''.
(5) High plains aquifer states.--The term ``High Plains
Aquifer States'' means the States of Colorado, Kansas,
Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and
Wyoming.
(6) Review panel.--The term ``Review Panel'' means the panel
provided for by section 3(d).
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. ESTABLISHMENT.
(a) Program.--The Secretary, through the United States Geological
Survey, and in cooperation with the High Plains Aquifier States, shall
establish and carry out the High Plains Aquifer Comprehensive
Hydrogeologic Program, to characterize, map and model the High Plains
Aquifer. The Program shall undertake at the most detailed levels
determined to be appropriate on a state-by-state basis,
characterization, mapping and modeling of the hydrogeological
configuration of the High Plains Aquifer.
(b) Objectives.--The objectives of the Program are to:
(1) provide for the hydrogeologic characterization, mapping
and modeling of the High Plains Aquifer through a cooperative
partnership effort between the U.S. Geological Survey and the
High Plains Aquifer States;
(2) coordinate Federal, State, and local data, maps, and
models into an integrated physical characterization of the High
Plains Aquifer;
(3) support State and local activities with scientific and
technical specialists; and
(4) undertake activities and provide technical capabilities
not available at the State and local levels as may be requested
by a Governor of a High Plains Aquifer State within such State.
(c) Requests From Governors.--The Governor of a High Plains Aquifer
State may submit a proposal to the Secretary requesting the Secretary
to undertake activities and provide financial and technical
capabilities not available at the State and local levels to carry out
the purposes of the Program.
(d) Review Panel.--Not later than six months after the date of
enactment of this Act, the Secretary shall establish a Review Panel to:
(1) evaluate the proposals submitted for funding under subsection (f);
and (2) review and coordinate Program priorities. In performing its
functions, the Review Panel shall consult with the Association and the
Council.
(e) Composition and Support.--The Review Panel shall be comprised
of: (1) five representatives of the United States Geological Survey, at
least two of which shall be hydrologists or hydrogeologists; and (2)
one representative who is knowledgeable regarding hydrogeologic data
and information from each of the High Plains Aquifer States that elects
to participate in the Program. Each representative of a High Plains
Aquifer States shall be recommended by the Governor of such State. The
Secretary shall provide technical and administrative support to the
Review Panel. Expenses for the Review Panel shall be paid from Program
funds other than those referred to in subsection (f).
(f) Funding.--Fifty percent of the funds appropriated to carry out
this Program shall be allocated equally by the Secretary for the
participation of State and local agencies and institutions of higher
education within each of the High Plains Aquifer States that elects to
participate in the Program. Grants may be made by the Secretary from
the funds described in this subsection based on proposals that have
been recommended by the Governor and reviewed by the Review Panel.
Proposals for multistate activities must be recommended by the
Governors of all the affected States.
SEC. 4. REPORTS.
(a) Report on Program Implementation.--One year after the date of
enactment of this Act, and every 3 years thereafter through fiscal year
2011, the Secretary shall include a report on the Program in the annual
budget documents for the Department of the Interior. The initial report
submitted by the Secretary shall contain a Program plan developed with
the concurrence of the Review Panel.
(b) Report on High Plains Aquifer.--No later than four years after
the date of enactment of this Act and upon completion of the Program in
fiscal year 2011, the Secretary shall submit an interim and final
report, respectively, to the Governors of the High Plains Aquifer
States on the status of the High Plains Aquifer.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2003 through 2011 to carry out
this Act.
2. Amend the title so as to read: ``To authorize the
Secretary of the Interior to Cooperate with the High Plains
Aquifer States in Conducting a Hydrogeologic Characterization,
Mapping, and Modeling Program for the High Plains Aquifer, and
for other purposes.''.
PURPOSE
The purpose of S. 212 is to authorize the Secretary of the
Interior, through the U.S Geological Survey (USGS), to
cooperate with the High Plains Aquifer States (Colorado,
Kansas, Nebraska, Oklahoma, New Mexico, South Dakota, Texas,
and Wyoming) in conducting a hydrogeologic characterization,
mapping, and modeling program for the High Plains Aquifer.
BACKGROUND AND NEED
The High Plains Aquifer (the ``Aquifer''), which is
comprised in large part by the Ogallala Aquifer, extends under
eight states: Colorado, Kansas, Nebraska, New Mexico, Oklahoma,
South Dakota, Texas, and Wyoming. The Aquifer is experiencing
significant declines in its water levels in many areas.
According to the USGS, the two largest areas with the greatest
water-level decline from 1980 to 1999 were: (1) eastern New
Mexico and western Texas; and (2) southwestern Kansas. The area
in New Mexico and Texas had from 50 to 175 feet of water-level
decline from 1950 to 1980 and more than 60 feet of water-level
decline from 1980 to 1999. The area in Kansas had from 10 to 50
feet of water-level decline from 1950 to 1980, and over 60 feet
of decline from 1980 to 1999. Other areas, such as in Nebraska,
had an increase in aquifer levels from 1980 to 1999. This
Aquifer is the source of water for farmers, ranchers, and
communities throughout the Great Plains region.
The USGS carried out the first comprehensive quantitative
study of the Aquifer in the late 1970s. USGS, working in
cooperation with numerous State and local resource agencies,
began a groundwater level measurement program for the Aquifer
in 1988 to assess annual water-level change in the Aquifer.
Most of this measurement activity is undertaken by the States.
The first comprehensive modeling of the entire Aquifer occurred
in the late 1970s. No comprehensive modeling of the entire
Aquifer system has been completed since that time. In addition,
conditions affecting recharge rates for the Aquifer have
changed since this work was completed.
As a result of the legislation, more detailed information
which maps and characterizes the Aquifer will be made
available. This information could be useful to irrigators who
depend on the Aquifer as water source and communities who
derive their drinking water supplies from the Aquifer. The
legislation would ensure that additional funding is available
to states and local agencies and academic institutions to
undertake mapping, characterization, and modeling activities
related to the hydrogeology of the Aquifer.
LEGISLATIVE HISTORY
S. 212 was introduced by Senators Bingaman, Brownback, and
Domenici on January 23, 2003. Similar legislation, S. 2773 was
introduced by Senators Bingaman, Brownback, and Domenici in the
107th Congress. The Subcommittee on Water and Power held a
hearing on S. 2773 on July 31, 2002, and ordered the bill
favorably reported, with an amendment in the nature of a
substitute on October 3, 2002. The text of S. 2773, as amended,
passed the Senate by unanimous consent on November 22, 2002. At
the business meeting on March 12, 2003, the Committee on Energy
and Natural Resources ordered S. 212, with a joint staff
amendment, favorably reported.
COMMITTEE RECOMMENDATION
The Committtee on Energy and Resources, in open business
session on March 12, 2003, by a voice vote of a quorum present,
recommends that the Senate pass S. 212 as described herein.
Senators Thomas and Burns requested their votes be recorded in
opposition.
COMMITTEE AMENDMENTS
An amendment in the nature of a substitute was drafted to
address the concerns raised during the March 6, 2003 Water and
Power Subcommittte hearing. The amendment is described in the
section-by-section.
SECTION-BY-SECTION ANALYSIS
Section 1 states the short title.
Section 2(a) defines key terms used in the Act.
Section 3(a) directs the Secretary through the U.S.
Geological Survey, to establish a High Plains Aquifer
Comprehensive Hydrogeologic Program in cooperation with the
eight High Plains Aquifer States, to characterize, map and
model the High Plains Aquifer.
Subsection (b) outlines the objectives of the Program which
are to: provide for the hydrogeologic characterization,
mapping, and modeling of the High Plains Aquifer through the
establishment of a cooperative partnership between the High
Plains Aquifer States and the U.S. Geological Survey;
coordination of data, maps and models; scientific and technical
support of state and local activities; and undertaking
activities and providing technical capabilities not currently
available at the State and local level as requested by the
Governor.
Subsection (c) allows the Governors of the High Plains
Aquifer States to submit proposals to the Secretary of the
Interior requesting the Secretary to undertake activities and
provide funding or technical capabilities not currently
available at the State and local levels to assist in carrying
out the purposes of the Program. Section 3(c) of the bill
contemplates that the Governor of a High Plains Aquifer State
may submit a proposal to the Secretary of the Interior
requesting the Secretary to provide financial and technical
capabilties not available at the State and local levels and to
undertake activities in addition to those otherwise carrries
out by the Secretary under existing authorities. This provision
is intended to underscore that the program is to be a
cooperative partnership effort between the U.S. Geological
Survey and the High Plains Aquifer States.
Subsection 3(d) establishes a Review Panel, which has as
its majority, representatives of the High Plains Aquifer States
recommended by the Governors. In addition to the State
representatives, the Review Panel composition is to include
five representatives from the U.S. Geological Survey, with at
least two being hydrologists or hydrogeologists. One function
of the Review Panel is to review and coordinate Program
priorities. In undertaking this responsibility, it is the
Committee's intent that the Review Panel seek, and establish a
mechanism to receive, input from users of hydrogeologic data
and information in the High Plains Aquifer area, such as
farmers, ranchers, livestock producers, municipalities and
others. The Review Panel must also consult with the Western
States Water Council and the Association of American State
Geologists in performing its functions.
Subsection (e) provides that the Review Panel shall be
comprised of five representatives of the U.S. Geological
Survey, at least two of which shall be a hydrologist or
hydrogeologist, and one representative, who is knowledgeable
regarding hydrogeologic data and information, from each of the
High Plains Aquifer States that elects to participate in the
program. Representatives from the States shall be recommended
by the Governor of such State.
Subsection (f) provides that fifty percent of the funds
appropriated be allocated equally for the participation of
State and local agencies and institutions of higher education
within each of the High Plains Aquifer States. Grants made from
these funds shall be awarded based on proposals that have been
recommended by the Governor and reviewed by the Review Panel.
The Committee expects that the funding provided under this
Program will complement, rather than duplicate, efforts being
undertaken by the State and local agencies and academic
institutions. It is the Committee's expectation that funding
made available under the Program will supplement ongoing
mapping, modeling and monitoring efforts by State and local
agencies and academic institutions, such as the State
geological surveys, State water management agencies, and Land
Grant Universities, or consortia of such agencies and academic
institutions. The Committee also anticipates that State and
local agencies will not use this Program as an opportunity to
reduce resources applied to activities that are the subject of
the Program, but rather will use the resources of the Program
to augment and enhance ongoing State and local activities.
Under the legislation, factors appropriate for
consideration in reviewing proposals for funding include the
scientific merit and benefits of the proposed activity and the
ability of the agency or academic institution to carry out the
activity to further the purposes of the Program.
Section 4(a) directs the Secretary of the Interior to
include a report on the Program in her annual budget document 1
year after the date of enactment of the Act and every 3 years
thereafter through fiscal year 2011.
Subsection (b) directs the Secretary to report on the
status of the Aquifer to the Governors of the High Plains
Aquifer States no later than 4 years after commencement of the
Program and upon completion of the Program in 2011.
Section 5 authorizes appropriations to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request that it be printed in the Congressional
Record for the advice of the Senate.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 212. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 212, as ordered reported.
EXECUTIVE COMMUNICATIONS
On February 6, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 212. These reports
had not been received at the time the report on S. 212 was
filed. The testimony provided by the Department of the Interior
at the Subcommittee hearing follows:
Statement of William M. Alley, Chief, Office of Ground Water, U.S.
Geological Survey, Department of the Interior
Madam Chairman and Members of the Committee, thank you for
the opportunity to provide the views of the Department of the
Interior (DOI) on S. 212, ``High Plains Aquifer Hydrogeologic
Characterization, Mapping, Modeling, and Monitoring Act.'' The
Administration agrees with the Committee concerning the
importance of ground-water monitoring and coordination of
monitoring efforts among Federal, State, and local entities. We
especially appreciate the bi-partisan efforts of the sponsors
of the bill to address this important issue and the emphasis
within the bill on the need for reliance on sound science.
However, the Administration has a few concerns with this
bill. The goals of this bill can be achieved without
legislation, through better coordination of existing Federal
and State programs. Further, the U.S. Geological Survey (USGS)
and DOI are in the process of revising their strategic plan;
while important, the proposed program would have to be taken
into account among all DOI priorities as the strategic plan
develops. The total costs of the proposed program are
uncertain. Funding for this program is not included in the
fiscal year 2004 President's budget, and would be subject to
available resources.
Irrigation water pumped from the aquifer has made the High
Plains one of the Nation's most important agricultural areas.
The intense use of ground water has caused major declines in
ground-water levels raising the concerns about the long-term
sustainability of irrigated agriculture in many areas of the
High Plains. The changes are particularly evident in the
central and southern parts of the High Plains, where more than
50 percent of the aquifer has been dewatered in some areas.
The bill directs the Secretarty of the Interior, acting
through the USGS, and in cooperation with the State geological
surveys and the water management agencies of the High Plains
Aquifer States, to establish and carry out a program of
characterization, mapping, modeling, and monitoring of the High
Plains Aquifer. This would be accomplished through mapping of
the configuration of the High Plains Aquifer, and analyses of
the rates at which ground water is being withdrawn and
recharged, changes in water storage in the aquifer, and the
factors controlling the rate of flow of water within the
aquifer. Effective coordination of the data collection and
monitoring efforts requires that any data collected under the
program be consistent with Federal Geographic Data Committee
data standards and that metadata be published on the National
Spatial Data Infrastructure Clearinghouse.
The role identified for DOI in this bill is consistent with
USGS's leadership role in monitoring, interpretation, research,
and assessment of the earth and biological resources of the
Nation. As the Nation's largest water, earth, and biological
science, and civilian mapping agency, USGS conducts the most
extensive geologic mapping and ground-water investigations in
the Nation in conjunction with our State and local partners.
Furthermore, the USGS has been active in a number of programs
and investigations that involve the High Plains Aquifer,
specifically.
The USGS has offices in each of the eight States underlain
by the High Plains Aquifer (Texas, Oklahoma, Kansas, Nebraska,
South Dakota, Wyoming, Colorado, and New Mexico). These offices
have a long history of ground-water monitoring and assessment
activities within the aquifer. Existing USGS programs that are
highly relevant to High Plains Aquifer issues include the
Ground-Water Resources Program, National Cooperative Geologic
Mapping Program, National Water-Quality Assessment (NAWQA)
Program, National Streamflow Information Program, Water
Resources Research Act Program, and the Cooperative Water
Program.
The USGS carried out the first comprehensive quantitative
study of the High Plains Aquifer in the late 1970's through the
Regional Aquifer-System Analysis (RASA) Program. With our
partners in the Cooperative Water Program, we continue to
provide ground-water models to evaluate the present and future
state of the aquifer in some parts of the High Plains, although
an overall assessment of the aquifer is now over two decades
old.
In response to the water-level declines, a ground-water
monitoring program was begun across the High Plains in 1988 to
assess annual water-level changes in the aquifer, an effort
requiring collaboration among numerous Federal, State, and
local water-resource agencies. Water levels continue to
decrease in many areas of the aquifer, but the monitoring has
indicated that the overall rate of decline of the water table
has slowed during the past two decades. This change is
attributed to improved irrigation and cultivation practices,
decreases in irrigated acreage, and above normal precipitation
during this period. More in-depth studies are required to
determine the relative importance of these different factors
and to improve estimates of recharge rates, which is crucial to
projecting future water levels and their response to changing
agricultural practices.
We recognize the need to ensure that any USGS monitoring
activities should complement State monitoring activities. In
order to ensure cooperation between USGS and the non-federal
community, S. 212 requires that the Federal share of the costs
of an activity funded under subsection (d)(2)(B) be no more
than 50 percent of the total cost of that activity. This is
consistent with our earlier recommendation to include language
similar to that currently contained in the National Cooperative
Mapping Act (43 U.S.C. Chapter 2, Section 31c.).
In testimony on an earlier version of this bill, S. 2773 in
the 107th Congress, the Department testified that we were
advised by the Department of Justice that Sections 3 and 4
unconstitutionally required that States take certain actions.
We recognize that the Committee has made revisions in S. 212 in
an effort to address these concerns. The Department of Justice
has reviewed the bill and advises that the new bill meets their
concerns.
In summary, a reliable source of ground water is an
essential element of the economy of the communities on the High
Plains. The goals of the bill are commendable, it contains
provisions that are well within the scope and expertise of the
USGS, and it emphasizes a high level of coordination between
the Department of Interior and the States in addressing an
issue of significant economic concern to the Nation. However,
the Administration has concerns with the bill and any new
funding would remain subject to available resources.
Thank you, Madam Chairman, for the opportunity to present
this testimony. I will be pleased to answer questions you and
other members of the Committee might have.
MINORITY VIEWS OF SENATOR CRAIG THOMAS
I remain concerned regarding the need for this legislation
and have reservations about any detrimental impacts the bill
may have for diluting current state authority to manage its
waters as well as possible federalization of ground or surface
water use. During the Senate Committee on Energy and Natural
Resources, Subcommittee on Energy and Water hearing the
Administration witness said ``the goals of this bill can be
achieved without legislation, through better coordination of
existing Federal and State programs.'' Additionally, the U.S.
Geological Service (USGS) stated that it has the authority to
map, model and monitor and in fact, has extensively studied the
Ogallala Formation. If there are existing efforts to monitor
any aquifer depletion, there is no need for expanding Federal
authority. Further, if the states do not have sufficient or
complete data, those individual states may seek additional
funds for the USGS to complete supplementary studies. The
creation of a new Federal panel appears to be an encroachment
on State authority for an issue that has largely been managed
by the States.
Craig Thomas.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rule of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 212, as ordered
reported.