Feasibility study

(a)

Study

Pursuant to Federal reclamation law (the Act of June 7, 1902, and all Acts amendatory thereof or supplementary thereto), the Secretary, acting through the Bureau of Reclamation, is authorized to conduct a feasibility study to determine the most feasible method of meeting the present and future water supply and related storage requirements within the area served by the Fryingpan-Arkansas Project, including the potential enlargement of Fryingpan-Arkansas facilities. The feasibility study shall— (1)be conducted consistent with the document titled Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies (United States Water Resources Council, 1983, United States Government Printing Office), any subsequent modifications of that document, and all applicable Federal statutes; and (2)include, but not be limited to, an evaluation of existing and reasonably feasible and practicable potential water supplies, uses, and management options as they relate to meeting the document referred to in paragraph (1). (b)

Submission of study

The Secretary shall submit the feasibility study authorized by this section to the President and the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (c)

Use of funds

No Federal funds shall be expended for the construction of enlargements or any other alternative identified in the feasibility study authorized by this section for which authority does not before the date of the enactment of this Act, without further authorization by Congress. (d)

Authorization of appropriations; matching requirement

There is authorized to be appropriated to the Secretary $4,000,000 to conduct the feasibility study authorized by this section. All Federal funds made available to conduct that study shall be matched in equal amount by non-Federal funds. (e)

Limitation on construction

No construction to enlarge the Fryingpan-Arkansas Project may be conducted until the studies referred to in section 3 are completed.

Secretary authorized to follow original congressional intent of project

Not withstanding other provisions of law, the Secretary shall not enter into any new contracts, contract extensions, or contract renewals— (1)with entities for use of excess capacity space in Fryingpan-Arkansas facilities to store water or for use outside of the natural basins of the Arkansas or Colorado rivers; or (2)that use the Fryingpan-Arkansas facilities or water rights for beneficial use outside the natural Basins of the Arkansas River or the Colorado River.

State of Colorado studies

(a)

In general

The Secretary of the Interior may provide financial assistance to the State of Colorado, under the direction of the Governor of that State, to conduct a study, or choose an appropriate organization such as Colorado State University-Pueblo to conduct a study, to identify the cumulative impacts of past, current, or proposed transfers of water from the Arkansas and Colorado River basins to communities not located in the natural basins of the Arkansas River or the Colorado River, and from agriculturally based communities within the Arkansas River basin to expanding municipalities within the Arkansas River basin. (b)

Study criteria

The study authorized under this section shall evaluate the following: (1)Environmental impacts such as impacts on water quality and wildlife habitat, and water supply both for human and environmental and recreational uses. (2)Social, cultural, recreational and economic impacts, including any disproportionate impacts of minority and/or low-income populations that result from actual or proposed water exchanges, water trades, and out-of-basin transfers from the Arkansas River basin and the Colorado River basin. (3)The financial effects of water transfers out of the Arkansas River basin and the Colorado River basin for the sending and receiving communities. (4)The impacts, including cumulative effects, of proposed water supply and storage methods on the area served by the Fryingpan-Arkansas Project and the natural basins of the Arkansas River and the Colorado River within Colorado that may be impacted by the implementation of such water supply and storage methods, taking into account the hydrologic conditions during the period from 1982 to the date the study is conducted. (5)The impacts of return and exchange flows in the Fountain Creek due to proposed and past transfers and exchanges of water from the Arkansas River to municipalities and entities, including the municipality of Colorado Springs, including but not limited to— (A)the effects on water quality and flood potential; and (B)mitigation alternatives for identified impacts, including flood control storage facilities on the Fountain Creek. (6)Any effect to stream flows in the Roaring Fork River due to any expansions of the Fryingpan-Arkansas facilities. (7)Feasible options to resolve or mitigate the impacts and effects evaluated in the study. (c)

Submission of report

As a condition of assistance under the section, the Governor of Colorado shall submit a report of the results of the study funded under this section to the President and the President Pro Tempore of the United States Senate and the Speaker of the United States House of Representatives upon completion of the study. (d)

Authorization of appropriations

There is authorized to be appropriated $10,000,000 to carry out this section.

Colorado river basin protection

(a)

Use of water storage capacity

Any excess water storage capacity of the Fryingpan-Arkansas Project to divert, store, impound, pump, exchange, or convey nonproject water made available under contracts shall not be used so as to increase diversion of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage unless— (1)the diversion is the subject of a decree entered before the date of the enactment of this Act for which no new infrastructure or legal approvals are necessary to divert the water out of the natural basin of the Colorado River; (2)the diversion is the subject of an agreement in existence on the date of the enactment of this Act, contemplating additional diversions diverted through or stored in the facilities studied by this Act, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; (3)the diversion is the subject of an intergovernmental agreement or other contractual arrangement executed after the date of the enactment of this Act, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; or (4)the beneficiary of such transbasin diversion provides compensatory storage or alternate water supply in an amount equal to the quantity diverted out of the basin for the benefit of the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion. (b)

Submission of agreements required

Prior to executing any agreement or arrangement for provision of compensatory storage or alternative water supply that allows for increased diversions of nonproject water as described in subsection (a), the parties to such agreements or arrangements shall submit the agreement or arrangement to the Secretary of the Interior, who, within 30 days, shall submit such agreement or arrangement to the President Pro Tempore of the Senate and the Speaker of the House of Representatives for a period of not less than 60 days. (c)

No precedent

This section shall not be considered as precedent for any other congressionally authorized project.

Contracts with in-basin entities

The Secretary of the Interior is authorized to enter into contracts with an entity, private or public, for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose within the natural basin of the Arkansas River within Colorado.