H.R. 9053

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9053 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9053

To ensure the reliable delivery of water to the United States under the 
1944 Water Treaty, to provide a mechanism to compensate United States 
agricultural producers for economic losses resulting from delivery 
shortfalls, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 29, 2026

Ms. De La Cruz (for herself, Mr. Weber of Texas, Mr. Nehls, and Mr. 
Cloud) introduced the following bill; which was referred to the 
Committee on Foreign Affairs, and in addition to the Committees on Ways 
and Means, and Agriculture, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as 
fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To ensure the reliable delivery of water to the United States under the 
1944 Water Treaty, to provide a mechanism to compensate United States 
agricultural producers for economic losses resulting from delivery 
shortfalls, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Water Assurance and Treaty 
Enforcement for Rio Grande Farmers Act'' or the ``WATER for Farmers 
Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The Treaty relating to the Utilization of Waters of the 
Colorado and Tijuana Rivers and of the Rio Grande, signed at 
Washington February 3, 1944 (9 Bevans 1166), between the United 
States and Mexico (in this Act referred to as the ``1944 Water 
Treaty'' or the ``Treaty''), intends for Mexico to deliver 
annually to the United States a minimum of 350,000 acre-feet of 
water from the Rio Grande basin, measured in cycles of 5 
consecutive years.
(2) The practice of relying on storm events to comply with 
the terms of the Treaty, unpredictable yearly deliveries, and 
accumulating large deficits, create profound uncertainty and 
have inflicted severe economic harm on United States 
agricultural producers and communities in South Texas who rely 
on regular delivery of water under the Treaty.
(3) Those annual economic harms have a direct impact on 
interstate and international commerce, distort agricultural 
markets, and create unfair competitive conditions for United 
States agricultural producers.
(4) Recent diplomatic agreements between the United States 
and Mexico, including Minutes 325 and 331 of the International 
Boundary and Water Commission, do not contain sufficient 
enforcement mechanisms to guarantee the reliable delivery of 
water necessary for agricultural planning and production.
(5) New enforcement mechanisms are necessary to ensure the 
benefits of the 1944 Water Treaty are fully realized by the 
United States.

SEC. 3. DETERMINATION OF WATER DELIVERY SHORTFALLS.

(a) In General.--Not later than 30 days after the end of each year 
of a five-year water delivery cycle under the 1944 Water Treaty, the 
Secretary of State, in consultation with the United States Commissioner 
of the International Boundary and Water Commission and the Secretary of 
Agriculture, shall determine whether Mexico has delivered the quantity 
of water for that year required under subsection (b). If it is 
determined that Mexico has not delivered that quantity of water for 
that year, Mexico shall be considered in a water delivery shortfall for 
that year.
(b) Annual Delivery Requirement.--
(1) In general.--The minimum quantity of water required to 
be delivered by Mexico by the end of each year of a cycle of 5 
consecutive years under the 1944 Water Treaty shall be 350,000 
acre-feet.
(2) Actions by secretary of state.--The Secretary of State 
shall take such actions as are necessary to formalize the 
requirement described in paragraph (1).

SEC. 4. IMPOSITION OF DUTIES DURING PERIOD OF WATER DELIVERY 
SHORTFALLS.

(a) In General.--The United States Trade Representative, in 
consultation with the Secretary of State, the Secretary of Agriculture, 
and the United States Commissioner of the International Boundary and 
Water Commission, shall impose duties with respect to imports of goods 
from Mexico during the period--
(1) beginning on the date that is 90 days after a 
determination is made under section 3(a) that Mexico is in a 
water delivery shortfall for a year; and
(2) ending on the date that is 30 days after the Secretary 
of State, in consultation with the Secretary of Agriculture, 
the United States Trade Representative, and the United States 
Commissioner of the International Boundary and Water 
Commission, determines and certifies to Congress that Mexico 
has remedied the water delivery shortfalls for all preceding 
years.
(b) Goods Subject to Duties.--The United States Trade 
Representative shall determine the goods imported from Mexico to be 
subject to duties under subsection (a), prioritizing the imposition of 
such duties with respect to--
(1) agricultural products or other goods for which such 
duties are likely to have a significant economic impact on 
Mexico; and
(2) goods produced in areas that use water from--
(A) the Rio Grande River; or
(B) tributaries that should flow to the Rio Grande 
River.
(c) Increased Duties for Shortfall Carryovers.--If Mexico is in a 
water delivery shortfall for a second or subsequent consecutive year, 
the United States Trade Representative shall increase the duties 
imposed with respect to imports of goods from Mexico, by--
(1) increasing the rates of duty applicable to such goods; 
or
(2) expanding the categories of goods to which such duties 
apply.

SEC. 5. SOUTH TEXAS AGRICULTURAL COMPENSATION TRUST FUND.

(a) In General.--There is established in the Treasury of the United 
States a trust fund, to be known as the South Texas Agricultural 
Compensation Trust Fund (in this section referred to as the ``Trust 
Fund''), consisting of--
(1) amounts transferred to the trust fund under subsection 
(b); and
(2) any amounts that may be credited to the trust fund 
under subsection (c).
(b) Transfer of Amounts.--The Secretary of the Treasury shall 
transfer to the Trust Fund, from the general fund of the Treasury, an 
amount equivalent to the amount received into the general fund and 
attributable to duties collected under section 4.
(c) Investment of Amounts.--
(1) Investment of amounts.--The Secretary shall invest such 
portion of the Trust Fund as is not required to meet current 
withdrawals in interest-bearing obligations of the United 
States or in obligations guaranteed as to both principal and 
interest by the United States.
(2) Interest and proceeds.--The interest on, and the 
proceeds from the sale or redemption of, any obligations held 
in the Trust Fund shall be credited to and form a part of the 
Trust Fund.
(d) Availability of Amounts.--Amounts in the Trust Fund shall be 
available, without further appropriation, to the Secretary of 
Agriculture to provide direct financial compensation to agricultural 
producers who have suffered economic losses as determined under section 
6.

SEC. 6. COMPENSATION OF UNITED STATES AGRICULTURAL PRODUCERS HARMED BY 
WATER DELIVERY SHORTFALLS.

(a) In General.--Not later than 90 days after a determination is 
made under section 3(a) that Mexico is in a water delivery shortfall 
for a year, the Secretary of Agriculture, in consultation with the 
Secretary of State and the United States Commissioner of the 
International Boundary and Water Commission, shall calculate the direct 
economic losses incurred by United States agricultural producers in the 
Rio Grande Valley as a result of the shortfall.
(b) Compensation Formula.--The Secretary shall calculate direct 
economic losses under subsection (a) at the amount equal to the product 
of--
(1) the shortfall volume in acre-feet, multiplied by
(2) the economic value per acre-foot, multiplied by
(3) the impact multiplier.
(c) Definitions.--In this section:
(1) Economic value per acre-foot.--The term ``economic 
value per acre-foot'' means the value derived by the Secretary 
of Agriculture by considering comprehensive and regularly 
updated studies of South Texas agricultural economics, 
including direct crop revenue losses, increased costs for 
alternative water sources, elevated water rates, the higher 
value and vulnerability of specialty crops, and regional 
variations in water value.
(2) Impact multiplier.--The term ``impact multiplier'' 
means the multiplier derived by the Secretary of Agriculture by 
considering indirect and cascading economic impacts beyond 
direct farm gate losses, including job losses in agriculture 
and related sectors, reduced supplies to downstream industries, 
and closures of agricultural processing businesses.
(3) Shortfall volume in acre-feet.--The term ``shortfall 
volume in acre-feet'' means the difference between Mexico's 
required water delivery under section 3(b) for a year and the 
actual volume of water delivered to the United States in acre-
feet during that year.

SEC. 7. DATA COLLECTION AND REVIEW.

The United States Section of the International Boundary and Water 
Commission, in coordination with the Secretary of Agriculture and the 
Secretary of State, shall collect, monitor, and publicly report, on a 
monthly basis, detailed, real-time data on--
(1) the delivery of water under the 1944 Water Treaty;
(2) precise calculations of water delivery shortfalls; and
(3) the status of compensation payments made under section 
6.

SEC. 8. INTERACTION WITH TREATY AND OTHER LAWS.

(a) Treaty.--This Act is intended to be construed and applied in a 
manner consistent with the obligations of the United States under the 
1944 Water Treaty.
(b) Other Laws.--Nothing in this Act shall be construed to diminish 
or impair any right or remedy available under--
(1) any other provision of Federal or State law, except as 
required by this Act; or
(2) any other international agreement.
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