[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3387 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3387

 To provide for the release of water from the marketable yield pool of 
water stored in the Ruedi Reservoir for the benefit of endangered fish 
         habitat in the Colorado River, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2010

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

_______________________________________________________________________

                                 A BILL


 
 To provide for the release of water from the marketable yield pool of 
water stored in the Ruedi Reservoir for the benefit of endangered fish 
         habitat in the Colorado River, and for other purposes.

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

SECTION 1. ENDANGERED FISH RECOVERY IMPLEMENTATION PROGRAMS.

    (a) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602) 
is amended by adding at the end the following:
            ``(11) Marketable yield pool.--The term `marketable yield 
        pool' means the portion of the regulatory capacity that, as of 
        the date of enactment of this paragraph, is dedicated to 
        marketing purposes.
            ``(12) Regulatory capacity.--The term `regulatory capacity' 
        has the meaning given the term in the publication entitled 
        `Operating Principles, Fryingpan-Arkansas Project, Adopted by 
        the State of Colorado, April 30, 1959 (as amended December 30, 
        1959, and December 9, 1960)', as printed as House Document No. 
        130 in accordance with House Resolution 91, 87th Congress, 
        agreed to March 15, 1961.
            ``(13) Ruedi reservoir.--The term `Ruedi Reservoir' means 
        the component of the Fryingpan-Arkansas Project of the Bureau 
        of Reclamation that is located--
                    ``(A) on the Fryingpan River; and
                    ``(B) in western Colorado.''.
    (b) Authorization To Fund Recovery Programs.--Section 3 of Public 
Law 106-392 (114 Stat. 1603) is amended--
            (1) by redesignating subsections (e) through (h) as 
        subsections (f) through (i), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Allocation of Ruedi Reservoir Marketable Yield Pool.--
            ``(1) Release of water.--For calendar year 2013, and each 
        calendar year thereafter, at the request of the Director of the 
        United States Fish and Wildlife Service (referred to in this 
        subsection as the `Director'), 5,412.5 acre-feet of water shall 
        be released from the marketable yield pool of water stored in 
        the Ruedi Reservoir for the benefit of endangered fish habitat 
        in the Colorado River.
            ``(2) Timing of release.--Unless otherwise requested by the 
        Director, the release of water under paragraph (1) shall occur 
        during the late summer months to enhance low water flows in 
        areas that comprise the endangered fish habitat in the Colorado 
        River.
            ``(3) No requirement for contract or other agreement.--The 
        release of water under paragraph (1) may be carried out without 
        the formation or execution of any contract or other agreement.
            ``(4) Reimbursement.--The capital, operational, 
        maintenance, and replacement costs that arise from the release 
        of water under paragraph (1) shall not be reimbursable.
            ``(5) Effect.--The release of water under paragraph (1) 
        shall satisfy 50 percent of the commitment by water users to 
        provide 10,825 acre-feet of water per calendar year, as 
        described in Appendix C of the document--
                    ``(A) entitled `Final Programmatic Biological 
                Opinion for Bureau of Reclamation's Operations and 
                Depletions, Other Depletions, and Funding and 
                Implementation of Recovery Program Actions in the Upper 
                Colorado River above the Confluence with the Gunnison 
                River'; and
                    ``(B) published by the Director on December 20, 
                1999.
            ``(6) Effective date.--This subsection shall take effect on 
        the later of the date on which--
                    ``(A) the Secretary issues a finding of no 
                significant impact, or a record of decision, under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) regarding the release of water under 
                paragraph (1); and
                    ``(B) an additional 5,412.5 acre-feet of water has 
                been made available by means acceptable to water users 
                to satisfy the remaining obligations of the water 
                users, as referenced in the document described in 
                paragraph (5).''.
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