II 111th CONGRESS 2d Session S. 3387 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.

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). .