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HR 902 RFSS

Calendar No. 256

110th CONGRESS

1st Session

H. R. 902

[Report No. 110-122]

IN THE SENATE OF THE UNITED STATES

March 20, 2007

Received; read twice and referred to the Committee on Energy and Natural Resources

June 28, 2007

Reported by Mr. BINGAMAN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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AN ACT

To facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

(a) Short Title- This Act may be cited as the `More Water and, More Energy, and Less Waste Act of 2007'.

(b) Findings- The Congress finds the following:at--

(1) D (1) development of energy resources, including oil, natural gas, coalbed methane, and geothermal resources, frequently results in bringing to the surface water extracted from underground sources.;

(2) Ssome of thisat produced water is used for irrigation or other purposes, but most of itthe water is returned to the subsurface. or otherwise disposed of as waste;

(3) Rreducing the amountquantity of produced water returned to the subsurface, and increasing the amountquantity of produced water that is made available for irrigation and other uses--

(A) would augment water supplies;

(B) could reduce the costs to energy developers for disposing of suchthe water; and

(C) in some instancescases, could increase the efficiency of energy development activities.; and

(4) Iit is in the national interest--

(A) to limit the quantity of produced water disposed of as waste;

(B) to optimize the production of energy resources; and

(C) to remove or reduce obstacles to use of produced water for irrigation or other purposes in ways that will not adversely affect water quality or the environment.

(c) Purposes- The purposes of this Act isare--

(1) to facilitateoptimize the production of energy resources--

(A) by minimizing the quantity of produced water; and

(B) by facilitating the use of produced water for irrigation and other purposes without adversely affecting water quality or the environment, and; and

(2) to demonstrate ways to accomplish that resultmeans of accomplishing those results.

SEC. 2. DEFINITIONS.

In this Act:

(1 (1) LOWER BASIN STATE- The term `Lower Basin State' means any of the States of--

(A) Arizona; (B) California; and (C) Nevada.

(2) PRODUCED WATER- The term `produced water' means water from an underground source, that is brought to the surface as part of the process of exploration for, or development of oil,--

(A) oil;

(B) natural gas,;

(C) coalbed methane, or; or

(D) any other substance to be used as an energy source.

(2 (3) SECRETARY- The the term `Secretary' means the Secretary of the Interior.

(3 (4) UPPER BASIN STATES- The term `Upper Basin States' means any of the States of Colorado,--

(A) Colorado;

(B) New Mexico, Utah, and;

(C) Utah; and

(D) (4) LOWER BASIN STATES- The term `Lower Basin States' means the States of Arizona, California, and Nevada.Wyoming.

SEC. 3. IDENTIFICATION OF PROBLEMS AND SOLUTIONS.

(a) Study- The Secretary, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey, shall conduct a study to identify--

(1 (1) the technical, economic, environmental, and other obstacles to reducing the quantity of produced water;

(2) the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes without adversely affecting water quality or the environment;

and (3(2) the legislative, administrative, and other actions that could reduce or eliminate such obstacles.the obstacles identified in paragraphs (1) and (2); and

(4) the costs and benefits associated with reducing or eliminating the obstacles identified in paragraphs (1) and (2).

(b) Report- Not later than one1 year after the date the of enactment of this Act, the Secretary shall reporsubmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate regarda report describing the results of the study required by this sectionunder subsection (a).

SEC. 4. IMPLEMENTATION.

(a) Grants- Within existing authorities and sSubject to the availability of funds appropriated for the purposeappropriations, the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of--

(1) optimizing energy resource production by reducing the quantity of processes to increaseduced water generated; or

(2) increasing the extent to which produced water may be recovered and made suitable for use for irrigation, municipal, or industrial uses, or other purposes without adversely affecting water quality or the environment.

(b) Limitations- Assistance under this section--

(1) shall be provided for--

(A) at least one1 project in oneeach of the Upper Basin States other than New Mexico;; and

(B) at least one1 project in either New Mexico or oneat least 1 of the Lower Basin States other than California;;

(C) at least one project in California; and(D) at least one project in Texas;(2) shall not exceed $1,000,000 for any project;

(3) shall be used to pay not more than 50 percent of the total cost of a project;

(4) shall not be used for the operation or maintenance of any facility; and

(5) may be in addition to assistance provided by the United StatesFederal Government pursuant to other provisions of law.

SEC. 5. CONSULTATION, ADVICE, AND COMMENTS.

In implementingcarrying out this Act, including preparation ofin preparing the report required byunder section 3(b) and the establishment ofestablishing criteria to be used in connection with an award of financial assistance pursuant tounder section 4, the Secretary shall--

(1) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials;

(2 (2)(A) review any relevant information developed in connection with research carried out by others, including research carried out pursuant to section 999ubtitle J of Public Law 109-58, andtitle IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and

(B) to the extent the Secretary considers advisabledetermines to be advisable, include suchthat information in the report required byunder section 3;(b);

(3) seek the advice of--

(A) individuals with relevant professional or academic expertise and of companies or; and

(B) individuals or representatives of entities with industrial experience, particularly experience relateding to production of oil, natural gas, coalbed methane, or other energy resources, (including geothermal resources; and); and

(4) solicit comments and suggestions from the public.

SEC. 6. RELATION TO OTHER LAWS.

Nothing in this Act shall be construed as superseding, modifying, abrogatingupersedes, modifies, abrogates, or limiting--s--

(1) the effect of any State law or any interstate authority or compact with regard torelating to--

(A) any use of water or; or

(B) the regulation of water quantity or quality; or

(2) the applicability or effect of any Federal law or regulation(including regulations).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated--

(1) $1,000,000 to implemencarry out section 3; and

(2) $5,0 (2) $7,500,000 to implemencarry out section 4.

Passed Calendar No. 256

110th CONGRESS

1st Session

H. R. 902

[Report No. 110-122]

AN ACT

To facilitate the Houseuse for irrigation and other purposes of Representatives March 19, 2007.water produced in connection with development of energy resources.

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Attest: June 28, 2007

LORRAINE C. MILLER, Reported with an amendment