[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 187 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 187

 To provide for the construction of the Arkansas Valley Conduit in the 
                           State of Colorado.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2009

  Mr. Udall of Colorado (for himself and Mr. Salazar) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the construction of the Arkansas Valley Conduit in the 
                           State of Colorado.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arkansas Valley Conduit Act of 
2009''.

SEC. 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 in an amount equal to 35 percent of the cost of 
the conduit that is comprised of revenue generated by payments pursuant 
to a repayment contract and revenue that may be derived from contracts 
for the use of Fryingpan-Arkansas project excess capacity or exchange 
contracts using Fryingpan-Arkansas project facilities,''.
    (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.--
                    ``(A) In general.--Notwithstanding the reclamation 
                laws, until the date on which the payments for the 
                Arkansas Valley Conduit under paragraph (3) begin, any 
                revenue that may be derived from contracts for the use 
                of Fryingpan-Arkansas project excess capacity or 
                exchange contracts using Fryingpan-Arkansas project 
                facilities shall be credited towards payment of the 
                actual cost of Ruedi Dam and Reservoir, the Fountain 
                Valley Pipeline, and the South Outlet Works at Pueblo 
                Dam and Reservoir plus interest in an amount determined 
                in accordance with this section.
                    ``(B) Effect.--Nothing in the Federal reclamation 
                law (the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093), and Acts supplemental to and amendatory of that 
                Act (43 U.S.C. 371 et seq.)) prohibits the concurrent 
                crediting of revenue (with interest as provided under 
                this section) towards payment of the Arkansas Valley 
                Conduit as provided under this paragraph.
            ``(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 shall be credited towards payment of 
                the actual cost of the Arkansas Valley Conduit 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:

``SEC. 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.''.
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