II 111th CONGRESS 1st Session S. 187 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.

1.

Short title

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

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:

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. .