H. R. 5362
IN THE HOUSE OF REPRESENTATIVES
May 20, 2010
Mr. Salazar introduced the following bill; which was referred to the Committee on Natural Resources
To provide for the release of water from the marketable yield pool of water stored in the Ruedi Reservoir for the benefit of endangered fish habitat in the Colorado River, and for other purposes.
Endangered fish recovery implementation programs
Section 2 of Public Law 106–392 (114 Stat. 1602) is amended by adding at the end the following:
Marketable yield pool
The term marketable yield pool means the portion of the regulatory capacity that, as of the date of enactment of this paragraph, is dedicated to marketing purposes.
The term regulatory capacity has the
meaning given the term in the publication entitled
Fryingpan-Arkansas Project, Adopted by the State of Colorado, April 30, 1959
(as amended December 30, 1959, and December 9, 1960), as printed as
House Document No. 130 in accordance with House Resolution 91, 87th Congress,
agreed to March 15, 1961.
The term Ruedi Reservoir means the component of the Fryingpan-Arkansas Project of the Bureau of Reclamation that is located—
on the Fryingpan River; and
in western Colorado.
Authorization To fund recovery programs
Section 3 of Public Law 106–392 (114 Stat. 1603) is amended—
by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and
by inserting after subsection (d) the following:
Allocation of Ruedi Reservoir Marketable Yield Pool
Release of water
For 2013, and each and every year thereafter, at the
request of the Director of the United States Fish and Wildlife Service
(referred to in this subsection as the
acre-feet of water shall be released from the marketable yield pool of water
stored in the Ruedi Reservoir for the benefit of endangered fish habitat in the
Timing of release
Unless otherwise requested by the Director, the release of water under paragraph (1) shall occur during the late summer months to enhance low waterflows in areas that comprise the endangered fish habitat in the Colorado River.
No requirement for contract or other agreement
The release of water under paragraph (1) may be carried out without the formation or execution of any contract or other agreement.
The capital, operational, maintenance, and replacement costs that arise from the release of water under paragraph (1) shall not be reimbursable.
release of water under paragraph (1) shall satisfy 50 percent of the commitment
by water users to provide 10,825 acre-feet of water per year as described in
Appendix C of the document entitled
Final Programmatic Biological
Opinion for Bureau of Reclamation’s Operations and Depletions, Other
Depletions, and Funding and Implementation of Recovery Program Actions in the
Upper Colorado River above the Confluence with the Gunnison River
published by the Director on December 20, 1999.
This subsection shall take effect when—
the Secretary issues a Finding of No Significant Impact or a Record of Decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regarding the release of water under paragraph (1); and
an additional 5,412.5 acre-feet of water has been made available by means acceptable to water users to satisfy their remaining obligations as referenced in the document described in paragraph (5).