I 111th CONGRESS 1st Session H. R. 172 IN THE HOUSE OF REPRESENTATIVES January 6, 2009 Mr. Salazar (for himself and Ms. Markey of Colorado) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the construction of the Arkansas Valley Conduit in the State of Colorado.

1.

Short title

This Act may be cited as the Arkansas Valley Conduit Act of 2008.

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 of not more than 35 percent of the cost of the conduit,. (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

Notwithstanding the reclamation laws, until the date on which the payments for the Arkansas Valley Conduit under paragraph (3) begin, any revenue derived from contracts for the use of Fryingpan-Arkansas project excess capacity from, or exchange contracts using Fryingpan-Arkansas project facilities of, Ruedi Dam and Reservoir, the Fountain Valley Pipeline, and the South Outlet Works at Pueblo Dam and Reservoir, shall be credited towards payment of the actual cost of the facilities plus interest in an amount determined in accordance with this section (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 of the Arkansas Valley Conduit shall be credited towards payment of the actual cost of the facilities 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:

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. .