Sec. 321. COOPERATIVE WATER USE MANAGEMENT RELATED TO FORT HUACHUCA, ARIZONA, AND SIERRA VISTA SUBWATERSHED
1,136 words·~5 min read·
/statute-compilations/comps-10407/sec-321A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 321 COOPERATIVE WATER USE MANAGEMENT RELATED TO FORT HUACHUCA, ARIZONA, AND SIERRA VISTA SUBWATERSHED ###
(a)Limitation on Federal Responsibility for Civilian Water Consumption Impacts ####
(1)Limitation For purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), concerning any present and future Federal agency action at Fort Huachuca, Arizona, water consumption by State, local, and private entities off of the installation that is not a direct or indirect effect of the agency action or an effect of other activities that are interrelated or interdependent with that agency action, shall not be considered in determining whether such agency action is likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. ####
(2)Voluntary regional conservation efforts Nothing in this subsection shall prohibit Federal agencies operating at Fort Huachuca from voluntarily undertaking efforts to mitigate water consumption. ####
(3)Definition of water consumption In this subsection, the term “**water consumption**” means all water use off of the installation from any source. ####
(4)Effective date This subsection applies only to Federal agency actions regarding which the Federal agency involved determines that consultation, or reinitiation of consultation, under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is required with regard to an agency action at Fort Huachuca on or after the date of the enactment of this Act. ###
(b)Recognition of Upper San Pedro Partnership Congress hereby recognizes the Upper San Pedro Partnership, Arizona, a partnership of Fort Huachuca, Arizona, other Federal, State, and local governmental and nongovernmental entities, and its efforts to establish a collaborative water use management program in the Sierra Vista Subwatershed, Arizona, to achieve the sustainable yield of the regional aquifer, so as to protect the Upper San Pedro River, Arizona, and the San Pedro Riparian National Conservation Area, Arizona. ###
(c)Report on Water Use Management and Conservation of Regional Aquifer ####
(1)In general The Secretary of the Interior shall prepare, in consultation with the Secretary of Agriculture and the Secretary of Defense and in cooperation with the other members of the Partnership, a report on the water use management and conservation measures that have been implemented and are needed to restore and maintain the sustainable yield of the regional aquifer by and after September 30, 2011. The Secretary of the Interior shall submit the report to Congress not later than December 31, 2004. ####
(2)Purpose The purpose of the report is to set forth measurable annual goals for the reduction of the overdrafts of the groundwater of the regional aquifer, to identify specific water use management and conservation measures to facilitate the achievement of such goals, and to identify impediments in current Federal, State, and local laws that hinder efforts on the part of the Partnership to mitigate water usage in order to restore and maintain the sustainable yield of the regional aquifer by and after September 30, 2011. ####
(3)Report elements The report shall use data from existing and ongoing studies and include the following elements: #####
(A)The net quantity of water withdrawn from and recharged to the regional aquifer in the one-year period preceding the date of the submission of the report. #####
(B)The quantity of the overdraft of the regional aquifer to be reduced by the end of each of fiscal years 2005 through 2011 to achieve sustainable yield. #####
(C)With respect to the reduction of overdraft for each fiscal year as specified under subparagraph (B), an allocation of responsibility for the achievement of such reduction among the water-use controlling members of the Partnership who have the authority to implement measures to achieve such reduction. #####
(D)The water use management and conservation measures to be undertaken by each water-use controlling member of the Partnership to contribute to the reduction of the overdraft for each fiscal year as specified under subparagraph (B), and to meet the responsibility of each such member for each such reduction as allocated under subparagraph (C), including— ######
(i)a description of each measure; ######
(ii)the cost of each measure; ######
(iii)a schedule for the implementation of each measure; ######
(iv)a projection by fiscal year of the amount of the contribution of each measure to the reduction of the overdraft; and ######
(v)a list of existing laws that impede full implementation of any measure. #####
(E)The monitoring and verification activities to be undertaken by the Partnership to measure the reduction of the overdraft for each fiscal year and the contribution of each member of the Partnership to the reduction of the overdraft. ###
(d)Annual Report on Progress Toward Sustainable Yield ####
(1)In general Not later than October 31, 2005, and each October 31 thereafter through 2011, the Secretary of the Interior shall submit, on behalf of the Partnership, to Congress a report on the progress of the Partnership during the preceding fiscal year toward achieving and maintaining the sustainable yield of the regional aquifer by and after September 30, 2011. ####
(2)Report elements Each report shall include the following: #####
(A)The quantity of the overdraft of the regional aquifer reduced during the reporting period, and whether such reduction met the goal specified for such fiscal year under subsection (c)(3)(B). #####
(B)The water use management and conservation measures undertaken by each water-use controlling member of the Partnership in the fiscal year covered by such report, including the extent of the contribution of such measures to the reduction of the overdraft for such fiscal year. #####
(C)The legislative accomplishments made during the fiscal year covered by such report in removing legal impediments that hinder the mitigation of water use by members of the Partnership. ###
(e)Verification Information Information used to verify overdraft reductions of the regional aquifer shall include at a minimum the following: ####
(1)The annual report of the Arizona Corporation Commission on annual groundwater pumpage of the private water companies in the Sierra Vista Subwatershed. ####
(2)The San Pedro base flow monitoring record of the Charleston flow gauge of the United States Geological Survey. ####
(3)Current surveys of the groundwater levels in area wells as reported by the Arizona Department of Water Resources and by Federal agencies. ###
(f)Sense of Congress It is the sense of Congress that any future appropriations to the Partnership should take into account whether the Partnership has met its annual goals for overdraft reduction. ###
(g)Definitions In this section: ####
(1)The term “**Partnership**” means the Upper San Pedro Partnership, Arizona. ####
(2)The term “**regional aquifer**” means the Sierra Vista Subwatershed regional aquifer, Arizona. ####
(3)The term “**water-use controlling member**” has the meaning given that term by the Partnership.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 321
COOPERATIVE WATER USE MANAGEMENT RELATED TO FORT HUACHUCA, ARIZONA, AND SIERRA VISTA SUBWATERSHED
Cites 1Cited by 0 across 0 sources