[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 943 Reported in Senate (RS)]






                                                       Calendar No. 441
108th CONGRESS
  2d Session
                                 S. 943

                          [Report No. 108-231]

  To authorize the Secretary of the Interior to enter into 1 or more 
contracts with the city of Cheyenne, Wyoming, for the storage of water 
                   in the Kendrick Project, Wyoming.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2003

   Mr. Enzi introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             March 9, 2004

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

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of the Interior to enter into 1 or more 
contracts with the city of Cheyenne, Wyoming, for the storage of water 
                   in the Kendrick Project, Wyoming.

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

<DELETED>SECTION 1. WATER STORAGE CONTRACTS.</DELETED>

<DELETED>    (a) Definitions.--In this Act:</DELETED>
        <DELETED>    (1) City.--The term ``city'' means--</DELETED>
                <DELETED>    (A) the city of Cheyenne, 
                Wyoming;</DELETED>
                <DELETED>    (B) the Board of Public Utilities of the 
                city; and</DELETED>
                <DELETED>    (C) any agency, public utility, or 
                enterprise of the city.</DELETED>
        <DELETED>    (2) Kendrick project.--</DELETED>
                <DELETED>    (A) In general.--The term ``Kendrick 
                Project'' means the Bureau of Reclamation project on 
                the North Platte River in the State constructed for 
                irrigation and the generation of electric 
                power.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``Kendrick 
                Project'' includes--</DELETED>
                        <DELETED>    (i) the Seminoe dam, reservoir, 
                        and powerplant; and</DELETED>
                        <DELETED>    (ii) the Alcova dam and 
                        powerplant.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation.</DELETED>
        <DELETED>    (4) State.--The term ``State'' means the State of 
        Wyoming.</DELETED>
<DELETED>    (b) Contracts.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may enter into 1 or 
        more contracts with the city for the annual storage in Seminoe 
        dam and reservoir of the Kendrick Project of water for 
        municipal and industrial uses.</DELETED>
        <DELETED>    (2) Term; renewal.--A contract under paragraph 
        (1)--</DELETED>
                <DELETED>    (A) shall have a term of not more than 40 
                years; and</DELETED>
                <DELETED>    (B) may be renewed, subject to any terms 
                agreed to by the Secretary and the city, for additional 
                40-year terms.</DELETED>
        <DELETED>    (3) Disposition of proceeds.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                subparagraph (B), any proceeds received under a 
                contract under paragraph (1) shall--</DELETED>
                        <DELETED>    (i) be deposited in the 
                        reclamation fund established under the first 
                        section of the Act of June 17, 1902 (43 U.S.C. 
                        391); and</DELETED>
                        <DELETED>    (ii) be available for the Kendrick 
                        Project.</DELETED>
                <DELETED>    (B) Operation and maintenance.--Any 
                amounts collected as payments for the operation and 
                maintenance charges of the Kendrick Project under the 
                contract under paragraph (1) shall be credited against 
                applicable operation and maintenance costs of the 
                Kendrick Project.</DELETED>
        <DELETED>    (4) Effect.--A contract under paragraph (1) shall 
        not affect Kendrick Project contractors or any other existing 
        reclamation contractors on the North Platte River 
        system.</DELETED>

SECTION 1. WATER STORAGE CONTRACTS.

    (a) Definitions.--In this Act:
            (1) City.--The term ``city'' means--
                    (A) the city of Cheyenne, Wyoming;
                    (B) the Board of Public Utilities of the city; and
                    (C) any agency, public utility, or enterprise of 
                the city.
            (2) Kendrick project.--The term ``Kendrick Project'' means 
        the Bureau of Reclamation project on the North Platte River 
        that was authorized by a finding of feasibility approved by the 
        President on August 30, 1935, and constructed for irrigation 
        and electric power generation, the major features of which 
        include--
                    (A) Seminoe Dam, Reservoir, and Powerplant; and
                    (B) Alcova Dam and Powerplant.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (4) State.--The term ``State'' means the State of Wyoming.
    (b) Contracts.--
            (1) In general.--The Secretary may enter into 1 or more 
        contracts with the city for annual storage of the city's water 
        for municipal and industrial use in Seminoe Dam and Reservoir 
        of the Kendrick Project.
            (2) Conditions.--
                    (A) Term; renewal.--A contract under paragraph (1) 
                shall--
                            (i) have a term of not more than 40 years; 
                        and
                            (ii) may be renewed on terms agreeable to 
                        the Secretary and the city, for successive 
                        terms of not more than 40 years per term.
                    (B) Revenues.--Notwithstanding the Act of May 9, 
                1938 (52 Stat. 322, chapter 187; 43 U.S.C. 392a)--
                            (i) any operation and maintenance charges 
                        received under a contract executed under 
                        paragraph (1) shall be credited against 
                        applicable operation and maintenance costs of 
                        the Kendrick Project; and
                            (ii) any other revenues received under a 
                        contract executed under paragraph (1) shall be 
                        credited to the Reclamation Fund as a credit to 
                        the construction costs of the Kendrick Project.
                    (C) Effect on existing contractors.--A contract 
                under paragraph (1) shall not adversely affect the 
                Kendrick Project, any existing Kendrick Project 
                contractor, or any existing Reclamation contractor on 
                the North Platte River System.
            Amend the title so as to read: ``A bill to authorize the 
        Secretary of the Interior to contract with the city of 
        Cheyenne, Wyoming, for the storage of the city's water in the 
        Kendrick Project, Wyoming.''.
                                                       Calendar No. 441

108th CONGRESS

  2d Session

                                 S. 943

                          [Report No. 108-231]

_______________________________________________________________________

                                 A BILL

  To authorize the Secretary of the Interior to enter into 1 or more 
contracts with the city of Cheyenne, Wyoming, for the storage of water 
                   in the Kendrick Project, Wyoming.

_______________________________________________________________________

                             March 9, 2004

        Reported with an amendment and an amendment to the title