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S. 2182 (101st): Central Utah Project Completion Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


2/27/1990--Introduced. Central Utah Project Completion Act- Title I: Central Utah Project Construction - Authorizes additional appropriations for the Colorado River water storage project, to be available solely for design, engineering, and construction of the Central Utah Project and for certain related projects and the Colorado River Storage Project. Earmarks specified amounts of such additional funds for construction, rehabilitation, or realignment of various water storage and delivery features of the Bonneville Unit of the Project and for various reclamation projects and features within Utah. Requires that amounts appropriated by this Act be used only for design, engineering, and construction of the enclosed pipeline primary water conveyance system and that other incidental costs be borne by non-Federal contributions. Authorizes construction of Project features by the Central Utah Water Conservancy District in lieu of construction by the Secretary of the Interior under this Act, under certain conditions. Prohibits amounts appropriated under this Act from being available until firm contracts for purchase of at least 65 percent of the water to be delivered under the Project have been executed. Directs the District, in connection with the Utah Department of Natural Resources, to develop a comprehensive water conservation plan for each Project component. Earmarks specified funds for the development of such plans. Requires the District to utilize its best efforts to achieving operating agreements with the Jordanelle Reservoir, Deer Creek Reservoir, Utah Lake and Strawberry Reservoir by January 1, 1997. Authorizes the Secretary to allocate as nonreimbursable and nonreturnable the cost of repair and restoration of Reach 3 of the Jordan Aqueduct of the Bonneville Unit of the Project. Authorizes the prepayment of certain expenses in connection with the Jordan Aqueduct System. Title II: Fish, Wildlife, and Recreation Mitigation and Conservation in the Central Utah Project - Establishes the Central Utah Project Mitigation and Conservation Commission to oversee all matters in connection with fish, wildlife, and recreation mitigation and enhancement within the Project and the Colorado River Storage Project in Utah. Requires the Commission to complete certain plans and submit specified reports. Provides funding for the Commission. Authorizes the Commission to reallocate certain funds available for the benefit of fish, wildlife, or recreation. Directs the District to acquire, with funds provided by the Commission, specified additional permanent storage waters above Deer Creek Reservoir or the equivalent in the Provo River Drainage. Earmarks specified funds for such acquisition. Provides all water rights after such acquisition to the Utah Division of Wildlife Resources for maintaining instream flows in the Provo River between Deer Creek Reservoir and Utah Lake. Authorizes appropriations. Directs the District, annually, to provide amounts of water sufficient to sustain minimum stream flows established pursuant to a prior Stream Flow Agreement. Directs the District to acquire with Commission funds all of the Strawberry Basin water rights being diverted to the Heber Valley through the Daniel's Creek drainage and to apply such rights to increase the minimum stream flows of streams and rivers in the Strawberry River and Reservoir area. Earmarks funds for such acquisition. Requires the yield and operating plans for the Bonneville Unit of the Project to be established or adjusted to provide for specified minimum stream flows for streams and rivers in the Diamond Fork and Provo Rivers. Requires such minimum flows to be provided continuously and in perpetuity from a date first feasible as determined by the Commission. Directs the District to prepare a study and develop a mitigation plan of the effects of peak season flows in the Provo River. Earmarks specified funds for such study and plan. Provides that, after completion of the Diamond Fork water delivery system, deliveries of water shall begin through that system and the Strawberry Tunnel shall no longer be used, except for delivery of water for fishery purposes. Provides an exception. Requires the fish, wildlife, and recreation projects identified or proposed in the Definite Plan Report (a May 1988 report for the Bonneville Unit of the Project) which have not been completed as of the enactment of this Act to be completed in accordance with such Report and a fish, wildlife, and recreation mitigation schedule appearing later under this Act. Directs the Commission to acquire on an expedited basis big game winter range lands to compensate for the impacts of the Project. Requires such acquired lands to be transferred to the Utah Division of Wildlife Resources for management as a big game winter range. Requires the Commission to construct big game crossings and wildlife escape ramps for the protection of big game animals along the Provo Reservoir Canal, Highline Canal, Strawberry Power Canal, and others. Earmarks funds for such construction. Earmarks funds for the planning and implementation of rehabilitation and enhancement projects on wetlands areas around the Great Salt Lake in accordance with a plan to be developed by the Commission. Requires the Commission to complete an inventory of nongame wetland species throughout areas affected by the Project, including the Weber River drainage. Earmarks specified funds for fisheries acquisition, rehabilitation, and improvements within Utah. Requires the project plan for the stabilization of high mountain lakes in the Upper Provo River drainage to be revised to provide for the stabilization of specified lakes in such area. Earmarks specified funds for the stabilization of fish and wildlife habitat improvement in such lakes. Earmarks specified funds for stream access and riparian zone development in Utah at specified areas. Earmarks funds to the Commission to conduct a study of the impacts to wildlife and riparian zones in drainages that will experience substantially-reduced water flows resulting from operation of the Strawberry Collection System. Earmarks specified funds to the District for projects to reduce the salinity of Utah Lake. Earmarks specified funds for: (1) Jordan River riparian zone rehabilitation; (2) acquisition of the wetland acreages along the Jordan River; (3) recreational facilities for the Jordan River Parkway; and (4) riparian area enhancement, stream habitat improvements, and fisherman access along the Provo River in specified areas. Authorizes the Mount Olivet Cemetery Association to lease a specified area of land for golf course purposes, under specified conditions. Earmarks specified funds for: (1) specified Project recreation features; (2) watershed and fish and wildlife improvements in the Fremont River drainage; (3) small dams and watershed improvements in specified areas within Utah and the Project; and (4) improvements to existing hatchery facilities or the construction of new hatcheries for areas affected by the Colorado River Storage Project. Provides certain restrictions in connection with the appropriation of funds for the Colorado River Storage Project. Outlines the fish, wildlife, and recreation mitigation and enhancement plan for the Bonneville Unit of the Project. Title III: Uintah Basin Water Development - Authorizes the Secretary to enter into agreements with non-Federal entities to carry out the operation, maintenance, construction, or rehabilitation of projects authorized by this title. Requires costs for irrigation facilities built pursuant to this title to be borne by water users from such facilities. Earmarks specified funds to increase efficiency, enhance beneficial uses, and achieve greater water conservation within specified water systems of the Uintah Basin. Directs the Secretary to undertake a programmatic review of the downstream fish and wildlife resources impacted by the construction of the offstream projects authorized in such Basin. Directs the Secretary to determine the non-Federal contribution for non-Indian water users. Requires firm contracts for the purchase of at least 65 percent of the water to be delivered to non-Indian water users before any funds may be obligated or expended. Authorizes and directs the Secretary to enter into a contract or cooperative agreement with, or make a grant to, the Uintah Indian Irrigation Project Operation and Maintenance Company or other organization to: (1) administer the Uintah Indian irrigation project; and (2) operate, maintain, rehabilitate, and construct required irrigation project facilities. Provides for the following in connection with the Uintah Indian irrigation project: (1) title to certain rights-of-way and facilities; (2) the use of certain funds by the Secretary in connection with such project; (3) the treatment of noncontract costs; (4) the sale by the Secretary of equipment to a water user organization; and (5) the leasing by the Secretary of irrigation facilities to a water user organization. Authorizes the Secretary to enter into a specified contract between the United States and the Uintah Water Conservancy District providing for certain water supply responsibilities. Directs the Secretary to: (1) establish a conservation pool in the Red Fleet Reservoir for fishery and recreational enhancement; and (2) enter into an agreement with the Utah Division of Parks and Recreation for the management and operation of the Red Fleet recreational facilities. Title IV: Central Utah Project Post-Construction Mitigation and Conservation Account - Establishes in the Treasury the Central Utah Project Mitigation and Conservation Account. Provides for deposits into such Account by Federal, State, and Project beneficiary contributors. Entitles the Commission to administer and expend all sums deposited into the Account. Requires the Utah Division of Wildlife Resources to receive all excess interest on the principal of the Account after the date on which the Commission is terminated. Requires funds from such Account to be expended in accordance with a conservation plan to be developed by the Utah Division of Wildlife Resources. Title V: Ute Indian Rights Settlement - Provides that, commencing July 1, 1991, and continuing for 50 years, the Ute Indian Tribe shall receive from the United States 26 percent of the annual Bonneville Unit municipal and industrial capital repayment obligation attributable to 35,500 acre-feet of water representing a portion of the Tribe's water rights which will not be supplied from the Central Utah Project because the Upalco and Uintah units are not to be constructed. Directs the Tribe, commencing in the year 2042, to collect from the Central Utah Water Conservancy District a percentage (to be determined) of the then fair market value of the Bonneville Unit agricultural water which has been converted to municipal and industrial water. Provides that any unused capacity in the Bonneville Unit Strawberry Aqueduct and Collection System diversion facilities shall hereafter be available for use by the Tribe. Allows the Tribe at any time to elect to return all or a portion of the water which is delivered for use in the Uintah Basin. Consents to the revised compact reserving waters to the Ute Indian Tribe and establishing the uses and management of such tribal waters, subject to reratification by the State of Utah and the Tribe. Authorizes specified appropriations: (1) to permit the Ute Tribe to develop a farming/feed lot operation equipped with satisfactory water facilities, as well as a plan and a fund in connection with other farming projects of the Tribe; (2) to permit the Secretary to repair a leak in the Cedarview Reservoir in Dark Canyon, Utah; (3) to undertake stream improvements for certain rivers and creeks within Utah, under a specified condition; and (4) to permit the Secretary to clean the Bottle Hollow Reservoir on the Ute Indian Reservation of trash and debris resulting from a submerged sanitary landfill, to remove all nongame fish, and to secure minimum flow of water to the reservoir to make it a suitable habitat for a cold water fishery. Directs the Secretary to endeavor to maintain minimum stream flows from the outlet works of the Upper Stillwater Dam into Rock Creek during specified periods of the year. Directs the Bureau of Reclamation to transfer specified real property in trust for the Ute Indian Tribe. Authorizes funds for the development of big game hunting, fisheries, campgrounds, and fish and wildlife management facilities on the Uintah and Ouray Reservation. Authorizes appropriations to be paid in three annual installments to the Tribal Development Fund which the Secretary is authorized and directed to establish for the Ute Indian Tribe. Directs the Tribe to prepare a Tribal Development Plan for all or part of the Fund. Authorizes the Tribe to waive and release claims concerning or related to water rights as described. Authorizes the Tribe to resurrect such claims if funds authorized for the Tribe under this Act are not actually received. Provides that the design and construction functions of the Bureau of Reclamation authorized in this Act shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act to the same extent as if such functions were performed by the Bureau of Indian Affairs.