S. 2974 (110th): Arkansas Valley Conduit Act of 2008

S 2974 RS

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

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]

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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

[Struck out->] This Act may be cited as the ‘Arkansas Valley Conduit Act of 2008’. [<-Struck out]

[Struck out->] SEC. 2. ARKANSAS VALLEY CONDUIT, COLORADO. [<-Struck out]

[Struck out->] (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,’. [<-Struck out]

[Struck out->] (b) Rates- Section 2(b) of Public Law 87-590 (76 Stat. 390) is amended-- [<-Struck out]

[Struck out->] (1) by striking ‘(b) Rates’ and inserting the following: [<-Struck out]

[Struck out->]

‘(b) Rates- [<-Struck out]

[Struck out->]

‘(1) IN GENERAL- Rates’; and [<-Struck out]

[Struck out->] (2) by adding at the end the following: [<-Struck out]

[Struck out->]

‘(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 [<-Struck out]

[Struck out->]

‘(3) ARKANSAS VALLEY CONDUIT- [<-Struck out]

[Struck out->]

‘(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. [<-Struck out]

[Struck out->]

‘(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.’. [<-Struck out]

[Struck out->] (c) Authorization of Appropriations- Section 7 of Public Law 87-590 (76 Stat. 393) is amended-- [<-Struck out]

[Struck out->] (1) by striking ‘SEC. 7. There is hereby’ and inserting the following: [<-Struck out]

[Struck out->]

‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

[Struck out->]

‘(a) In General- There is’; and [<-Struck out]

[Struck out->] (2) by adding at the end the following: [<-Struck out]

[Struck out->]

‘(b) Arkansas Valley Conduit- [<-Struck out]

[Struck out->]

‘(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. [<-Struck out]

[Struck out->]

‘(2) LIMITATION- Amounts made available under paragraph (1) shall not be used for the operation or maintenance of the Arkansas Valley Conduit.’. [<-Struck out]

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

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

September 16, 2008

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