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Sen. Salazar [D-CO]: Mr. President, on Monday my colleagues, Senator BINGAMAN, Senator DOMENICI, Senator THOMAS and I introduced legislation, S. 1116, the More Water, More Energy, and Less...

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Sen. Ken Salazar [D-CO]: Mr. President, on Monday my colleagues, Senator BINGAMAN, Senator DOMENICI, Senator THOMAS and I introduced legislation, S. 1116, the More Water, More Energy, and Less Waste Act of 2007, to facilitate the use of water produced in connection with development of energy resources for irrigation and other beneficial uses in ways that will not adversely affect water quality or the environment.

The bill is similar to one that has been introduced during this Congress in the House by Representative MARK UDALL, H.R. 902, More Water and More Energy Act of 2007.

The bill's purpose is to help turn what is today an energy-industry problem into an opportunity. The development of energy resources frequently results in bringing to the surface water from underground sources. Energy producers seek to minimize the waters that are produced during extraction operations, but inevitably waters are produced and they must either be treated before being released to the surface or returned to the ground. In a few cases, the waters are clean enough to be used for livestock watering, irrigation or other beneficial purposes.

Especially in the water-short West, increasing the amount of water that can be used without adversely affecting water quality or the environment can increase water supplies for irrigation of crops, livestock watering, wildlife habitat, and recreational opportunities. Everyone will benefit from increased supplies of useable water, even if the supplies are temporary in nature, provided that the new water is of good quality and will not adversely affect the environment now or in the future.

Our bill would do two things:

First, it would direct the Commissioner of Reclamation, the Director of the U.S. Geological Survey, and the Director of the Bureau of Land Management to conduct a study to identify the technical, economic, environmental, and other obstacles to, one, reducing the quantity of produced water and, two, increasing the extent to which produced water can be used for irrigation and other purposes, without adversely affecting water quality or the environment, during or after energy development. The study would consider the legislative, administrative, and other actions that could reduce or eliminate those obstacles and the costs and benefits associated with reducing or eliminating those obstacles. Results of the study are to be reported to Congress within a year after enactment.

Second, it would provide grants for at least five projects to demonstrate, one, ways to optimize energy resource production by reducing the quantity of produced water generated or, two, feasibility, effectiveness, and safety of processes to increase 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.

The bill directs these pilot plants to be located in each of the Upper Basin States of the Colorado River, Colorado, Utah, Wyoming, and New Mexico, and in at least one of the Lower Basin States of the Colorado River, Arizona, Nevada or California. This is to assure that, together, the projects would demonstrate techniques applicable to a variety of geologic and other conditions.

Under the bill, the Federal Government could pay up to half the cost of building each plant. However, no more than $1 million would be paid for anyone project, and no Federal funds would be used for operating the projects.

In the water-short West, the produced waters are a virtually untapped resource, and the benefits of using them for irrigation and other purposes could be substantial. It is estimated that up to 18 million barrels of produced waters are generated each year from oil and gas operations. Finding ways to minimize the waters that are produced during oil and gas extraction and then putting to beneficial use those waters that are produced, is a win/win for everyone.

However, there are significant hurdles that must be overcome before produced waters can be used as a water resource in ways that do not adversely affect our water quality or harm our environment. The study required in our bill will bring our country closer to using this important untapped resource.

For the benefit of our colleagues, here is a summary of the bill's provisions:

Section by Section Summary of the "More Water, More Energy, Less Waste Act of 2007"--S. 1116

Section One--provides a short title (the "More Water, More Energy, Less Waste Act of 2001"), sets forth several findings regarding the basis for the bill, and states the bill's purpose: "to optimize the production of energy resources by minimizing the amount of produced water, and by facilitating the use of produced water for irrigation and other purposes without adversely affecting water quality or the environment, and to demonstrate ways to accomplish these results."

Section Two--defines terms used in the bill.

Section Three--requires the Secretary of the Department of Interior, acting through the Commissioner of Reclamation, the Director of the United States Geological Survey, and the Director of the Bureau of Land Management, to conduct a study to identify (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; (3) the legislative, administrative, and other actions that could reduce or eliminate those obstacles; and (4) the costs and benefits associated with reducing or eliminating those obstacles. Results of the study are to be reported to Congress within a year after enactment.

Section Four--provides that, subject to appropriation of funds, the Interior Department is to provide financial assistance for development of facilities to demonstrate the feasibility, effectiveness, and safety of processes to increase use of produced water for irrigation, municipal or industrial uses, or other purposes without adversely affecting water quality or the environment. The section specifies that assistance shall be provided for at least one project in each of the Upper Basin States

Section Five--requires the Interior Department to--(1) consult with the Department of Energy, EPA, and appropriate Governors and local officials; (2) review relevant information developed in connection with other research; (3) include as much of that information as Interior finds advisable in the report required by section 1; (4) seek the advice of people with relevant professional expertise and of companies with relevant industrial experience; and (5) solicit comments and suggestions from the public.

Section Six--specifies that nothing in the bill is to be construed as affecting--(1) the effect of any State law, or any interstate authority or compact, regarding the use of water or the regulation of water quantity or quality; or (2) the applicability of any Federal law or regulation.

Section Seven--authorizes appropriation of--(1) $1 million for the study required by section 1; and (2) $7.5 million to implement section 4.