[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2974 Reported in Senate (RS)]






                                                       Calendar No. 991
110th CONGRESS
  2d Session
                                S. 2974

 To provide for the construction of the Arkansas Valley Conduit in the 
                           State of Colorado.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2008

Mr. Allard (for himself and Mr. Salazar) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for the construction of the Arkansas Valley Conduit in the 
                           State of Colorado.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Arkansas Valley Conduit Act 
of 2008''.</DELETED>

<DELETED>SEC. 2. ARKANSAS VALLEY CONDUIT, COLORADO.</DELETED>

<DELETED>    (a) Cost Share.--The first section of Public Law 87-590 
(76 Stat. 389) is amended in the second sentence of subsection (c) by 
inserting after ``cost thereof,'' the following: ``or in the case of 
the Arkansas Valley Conduit, payment of not more than 35 percent of the 
cost of the conduit,''.</DELETED>
<DELETED>    (b) Rates.--Section 2(b) of Public Law 87-590 (76 Stat. 
390) is amended--</DELETED>
        <DELETED>    (1) by striking ``(b) Rates'' and inserting the 
        following:</DELETED>
<DELETED>    ``(b) Rates.--</DELETED>
        <DELETED>    ``(1) In general.--Rates''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Ruedi dam and reservoir, fountain valley 
        pipeline, and south outlet works at pueblo dam and reservoir.--
        Notwithstanding the reclamation laws, until the date on which 
        the payments for the Arkansas Valley Conduit under paragraph 
        (3) begin, any revenue that may be derived from contracts for 
        the use of Fryingpan-
        Arkansas project excess capacity or exchange contracts using 
        Fryingpan-Arkansas project facilities shall be credited towards 
        payment of the actual cost of Ruedi Dam and Reservoir, the 
        Fountain Valley Pipeline, and the South Outlet Works at Pueblo 
        Dam and Reservoir plus interest in an amount determined in 
        accordance with this section</DELETED>
        <DELETED>    ``(3) Arkansas valley conduit.--</DELETED>
                <DELETED>    ``(A) Use of revenue.--Notwithstanding the 
                reclamation laws, any revenue derived from contracts 
                for the use of Fryingpan-Arkansas project excess 
                capacity or exchange contracts using Fryingpan-Arkansas 
                project facilities shall be credited towards payment of 
                the actual cost of the Arkansas Valley Conduit plus 
                interest in an amount determined in accordance with 
                this section.</DELETED>
                <DELETED>    ``(B) Adjustment of rates.--Any rates 
                charged under this section for water for municipal, 
                domestic, or industrial use or for the use of 
                facilities for the storage or delivery of water shall 
                be adjusted to reflect the estimated revenue derived 
                from contracts for the use of Fryingpan-Arkansas 
                project excess capacity or exchange contracts using 
                Fryingpan-Arkansas project facilities.''.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--Section 7 of Public 
Law 87-590 (76 Stat. 393) is amended--</DELETED>
        <DELETED>    (1) by striking ``Sec. 7. There is hereby'' and 
        inserting the following:</DELETED>

<DELETED>``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) In General.--There is''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Arkansas Valley Conduit.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to annual 
        appropriations and paragraph (2), there are authorized to be 
        appropriated such sums as are necessary for the construction of 
        the Arkansas Valley Conduit.</DELETED>
        <DELETED>    ``(2) Limitation.--Amounts made available under 
        paragraph (1) shall not be used for the operation or 
        maintenance of the Arkansas Valley Conduit.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arkansas Valley Conduit Act of 
2008''.

SEC. 2. ARKANSAS VALLEY CONDUIT, COLORADO.

    (a) Cost Share.--The first section of Public Law 87-590 (76 Stat. 
389) is amended in the second sentence of subsection (c) by inserting 
after ``cost thereof,'' the following: ``or in the case of the Arkansas 
Valley Conduit, payment in an amount equal to 35 percent of the cost of 
the conduit that is comprised of revenue generated by payments pursuant 
to a repayment contract and revenue that may be derived from contracts 
for the use of Fryingpan-Arkansas project excess capacity or exchange 
contracts using Fryingpan-Arkansas project facilities,''.
    (b) Rates.--Section 2(b) of Public Law 87-590 (76 Stat. 390) is 
amended--
            (1) by striking ``(b) Rates'' and inserting the following:
    ``(b) Rates.--
            ``(1) In general.--Rates''; and
            (2) by adding at the end the following:
            ``(2) Ruedi dam and reservoir, fountain valley pipeline, 
        and south outlet works at pueblo dam and reservoir.--
                    ``(A) In general.--Notwithstanding the reclamation 
                laws, until the date on which the payments for the 
                Arkansas Valley Conduit under paragraph (3) begin, any 
                revenue that may be derived from contracts for the use 
                of Fryingpan-Arkansas project excess capacity or 
                exchange contracts using Fryingpan-Arkansas project 
                facilities shall be credited towards payment of the 
                actual cost of Ruedi Dam and Reservoir, the Fountain 
                Valley Pipeline, and the South Outlet Works at Pueblo 
                Dam and Reservoir plus interest in an amount determined 
                in accordance with this section.
                    ``(B) Effect.--Nothing in the Federal reclamation 
                law (the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093), and Acts supplemental to and amendatory of that 
                Act (43 U.S.C. 371 et seq.)) prohibits the concurrent 
                crediting of revenue (with interest as provided under 
                this section) towards payment of the Arkansas Valley 
                Conduit as provided under this paragraph.
            ``(3) Arkansas valley conduit.--
                    ``(A) Use of revenue.--Notwithstanding the 
                reclamation laws, any revenue derived from contracts 
                for the use of Fryingpan-Arkansas project excess 
                capacity or exchange contracts using Fryingpan-Arkansas 
                project facilities shall be credited towards payment of 
                the actual cost of the Arkansas Valley Conduit plus 
                interest in an amount determined in accordance with 
                this section.
                    ``(B) Adjustment of rates.--Any rates charged under 
                this section for water for municipal, domestic, or 
                industrial use or for the use of facilities for the 
                storage or delivery of water shall be adjusted to 
                reflect the estimated revenue derived from contracts 
                for the use of Fryingpan-Arkansas project excess 
                capacity or exchange contracts using Fryingpan-Arkansas 
                project facilities.''.
    (c) Authorization of Appropriations.--Section 7 of Public Law 87-
590 (76 Stat. 393) is amended--
            (1) by striking ``Sec. 7. There is hereby'' and inserting 
        the following:

``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is''; and
            (2) by adding at the end the following:
    ``(b) Arkansas Valley Conduit.--
            ``(1) In general.--Subject to annual appropriations and 
        paragraph (2), there are authorized to be appropriated such 
        sums as are necessary for the construction of the Arkansas 
        Valley Conduit.
            ``(2) Limitation.--Amounts made available under paragraph 
        (1) shall not be used for the operation or maintenance of the 
        Arkansas Valley Conduit.''.
                                                       Calendar No. 991

110th CONGRESS

  2d Session

                                S. 2974

_______________________________________________________________________

                                 A BILL

 To provide for the construction of the Arkansas Valley Conduit in the 
                           State of Colorado.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment