§ 10301. Congressional findings and declarations

§ 10301. Congressional findings and declarations

(1) the existence of an adequate supply of water of good quality for the production of materials and energy for the Nation’s needs and for the efficient use of the Nation’s energy and water resources is essential to national economic stability and growth, and to the well-being of the people;

(2) the management of water resources is closely related to maintaining environmental quality, productivity of natural resources and agricultural systems, and social well-being;

(3) there is an increasing threat of impairment to the quantity and quality of surface and groundwater resources;

(4) the Nation’s capabilities for technological assessment and planning and for policy formulation for water resources must be strengthened at the Federal, State, and local governmental levels;

(5) there should be a continuing national investment in water and related research and technology commensurate with growing national needs;

(6) it is necessary to provide for the research and development of technology for the conversion of saline and other impaired waters to a quality suitable for municipal, industrial, agricultural, recreational, and other beneficial uses;

(7) the Nation must provide programs to strengthen research and associated graduate education because the pool of scientists, engineers, and technicians trained in fields related to water resources constitutes an invaluable natural resource which should be increased, fully utilized, and regularly replenished; and 11 So in original. The word “and” probably should not appear.

(8) long-term planning and policy development are essential to ensure the availability of an abundant supply of high quality water for domestic and other uses; and

(9) the States must have the research and problem-solving capacity necessary to effectively manage their water resources.

(Pub. L. 98–242, title I, § 102, Mar. 22, 1984, 98 Stat. 97; Pub. L. 104–147, § 1, May 24, 1996, 110 Stat. 1375.)

Editorial Notes

Amendments

1996—Par. (2). Pub. L. 104–147, § 1(1), inserted “, productivity of natural resources and agricultural systems,” after “environmental quality”.

Pars. (8), (9). Pub. L. 104–147, § 1(2)–(4), added pars. (8) and (9).

Statutory Notes and Related Subsidiaries

Short Title of 2007 Amendment

Pub. L. 109–471, § 1, Jan. 11, 2007, 120 Stat. 3552, provided that: “This Act [amending sections 10303 and 10306 of this title] may be cited as the ‘Water Resources Research Act Amendments of 2006’.”

Short Title

Pub. L. 98–242, title I, § 101, Mar. 22, 1984, 98 Stat. 97, provided that: “This Act [enacting this chapter, repealing sections 7801, 7802, 7811 to 7819, 7831 to 7835, 7851 to 7853, and 7871 to 7883 of this title, and enacting provisions set out as a note under section 7801 of this title] may be cited as the ‘Water Resources Research Act of 1984’.”

Savings Provision

Rules and regulations issued prior to Mar. 22, 1984, under Pub. L. 95–467 [chapter 87 of this title] to remain in full force and effect under this chapter until superseded by new rules and regulations promulgated under this chapter, see section 110(b) of Pub. L. 98–242, set out as a note under section 7801 of this title.

More Water, More Energy, and Less Waste

Pub. L. 110–229, title V, § 514, May 8, 2008, 122 Stat. 844, provided that: “(a) Findings.—The Congress finds that—“(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) some of that produced water is used for irrigation or other purposes, but most of the water is returned to the subsurface or otherwise disposed of as waste; “(3) reducing the quantity of produced water returned to the subsurface and increasing the quantity 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 the water; and “(C) in some cases, could increase the efficiency of energy development activities; and “(4) it 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. “(b) Purposes.—The purposes of this section are—“(1) to optimize 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 “(2) to demonstrate means of accomplishing those results. “(c) Definitions.—In this section:“(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—“(A) oil; “(B) natural gas; “(C) coalbed methane; or “(D) any other substance to be used as an energy source. “(3) Secretary.—The term ‘Secretary’ means the Secretary of the Interior. “(4) Upper basin state.—The term ‘Upper Basin State’ means any of the States of—“(A) Colorado; “(B) New Mexico; “(C) Utah; and “(D) Wyoming. “(d) Identification of Problems and Solutions.—“(1) Study.—The Secretary shall conduct a study to identify—“(A) the technical, economic, environmental, and other obstacles to reducing the quantity of produced water; “(B) 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, public health, or the environment; “(C) the legislative, administrative, and other actions that could reduce or eliminate the obstacles identified in subparagraphs (A) and (B); and “(D) the costs and benefits associated with reducing or eliminating the obstacles identified in subparagraphs (A) and (B). “(2) Report.—Not later than 1 year after the date of enactment of this Act [May 8, 2008], the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study under paragraph (1). “(e) Implementation.—“(1) Grants.—Subject to the availability of appropriations, the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of—“(A) optimizing energy resource production by reducing the quantity of produced water generated; or “(B) 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. “(2) Limitations.—Assistance under this subsection—“(A) shall be provided for—“(i) at least 1 project in each of the Upper Basin States; and “(ii) at least 1 project in at least 1 of the Lower Basin States; “(B) shall not exceed $1,000,000 for any project; “(C) shall be used to pay not more than 50 percent of the total cost of a project; “(D) shall not be used for the operation or maintenance of any facility; and “(E) may be in addition to assistance provided by the Federal Government pursuant to other provisions of law. “(f) Consultation, Advice, and Comments.—In carrying out this section, including in preparing the report under subsection (d)(2) and establishing criteria to be used in connection with an award of financial assistance under subsection (e), the Secretary shall—“(1) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials; “(2)(A) review any relevant information developed in connection with research carried out by others, including research carried out pursuant to subtitle J of title IX of the Energy Policy Act of 2005 ([former] 42 U.S.C. 16371 et seq.); and “(B) to the extent the Secretary determines to be advisable, include that information in the report under subsection (d)(2); “(3) seek the advice of—“(A) individuals with relevant professional or academic expertise; and “(B) individuals or representatives of entities with industrial experience, particularly experience relating to production of oil, natural gas, coalbed methane, or other energy resources (including geothermal resources); and “(4) solicit comments and suggestions from the public. “(g) Relation to Other Laws.—Nothing in this section supersedes, modifies, abrogates, or limits—“(1) the effect of any State law or any interstate authority or compact relating to—“(A) any use of water; or “(B) the regulation of water quantity or quality; or “(2) the applicability or effect of any Federal law (including regulations). “(h) Authorization of Appropriations.—There are authorized to be appropriated—“(1) $1,000,000 to carry out subsection (d); and “(2) $7,500,000 to carry out subsection (e).”

Desalination Research, Studies, and Demonstration Projects