[Congressional Record Volume 146, Number 128 (Friday, October 13, 2000)]
[Senate]
[Page S10527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   MANCOS WATER CONSERVANCY DISTRICT

  The Senate proceeded to consider a bill (S. 2594) to authorize the 
Secretary of the Interior to contract with the Mancos Water Conservancy 
District to use the Mancos Project facilities for impounding, storage, 
diverting, and carriage of nonproject water for the purpose of 
irrigation, domestic, municipal, industrial, and any other beneficial 
purposes, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment; as follows:
  [Omit the part in bold face brackets.]

                                S. 2594

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

     SECTION 1. CARRIAGE OF NONPROJECT WATER BY THE MANCOS 
                   PROJECT, COLORADO.

       (a) Sale of Excess Water.--
       (1) In general.--In carrying out the Act of August 11, 1939 
     (commonly known as the ``Water Conservation and Utilization 
     Act'') (16 U.S.C. 590y et seq.), if storage or carrying 
     capacity has been or may be provided in excess of the 
     requirements of the land to be irrigated under the Mancos 
     Project, Colorado (referred to in this Act as the 
     ``project''), the Secretary of the Interior may, on such 
     terms as the Secretary determines to be just and equitable, 
     contract with the Mancos Water Conservancy District and any 
     of its member unit contractors for impounding, storage, 
     diverting, or carriage of nonproject water for irrigation, 
     domestic, municipal, industrial, and any other beneficial 
     purposes, to an extent not exceeding the excess capacity.
       (2) Interference.--A contract under paragraph (1) shall not 
     impair or otherwise interfere with any authorized purpose of 
     the project.
       (3) Cost considerations.--In fixing the charges under a 
     contract under paragraph (1), the Secretary shall take into 
     consideration--
       (A) the cost of construction and maintenance of the 
     project, by which the nonproject water is to be diverted, 
     impounded, stored, or carried; and
       (B) the canal by which the water is to be carried.
       (4) No additional charges.--The Mancos Water Conservancy 
     District shall not impose a charge for the storage, carriage, 
     or delivery of the nonproject water in excess of the charge 
     paid to the United States, except to such extent as may be 
     reasonably necessary to cover--
       (A) a proportionate share of the project cost; and
       (B) the cost of carriage and delivery of the nonproject 
     water through the facilities of the Mancos Water Conservancy 
     District.
       (b) Water Rights of United States Not Enlarged.--Nothing in 
     this Act enlarges or attempts to enlarge the right of the 
     United States, under existing law, to control any water in 
     any State.
       [(c) Funds Received Available for Operation and 
     Maintenance.--
       [(1) In general.--Any funds received by the United States 
     under a contract under subsection (a) shall be available for 
     expenditure for operation and maintenance of the project 
     without further Act of appropriation.
       [(2) Revenue.--Any amount of funds received by the United 
     States under a contract under subsection (a) that is in 
     excess of the amount of funds needed for operation and 
     maintenance of the project shall be applied against the 
     repayment contract of the project.]

  The committee amendment was agreed to.
  The bill (S. 2594), as amended, was read the third time, and passed, 
as follows:

                                S. 2594

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

     SECTION 1. CARRIAGE OF NONPROJECT WATER BY THE MANCOS 
                   PROJECT, COLORADO.

       (a) Sale of Excess Water.--
       (1) In general.--In carrying out the Act of August 11, 1939 
     (commonly known as the ``Water Conservation and Utilization 
     Act'') (16 U.S.C. 590y et seq.), if storage or carrying 
     capacity has been or may be provided in excess of the 
     requirements of the land to be irrigated under the Mancos 
     Project, Colorado (referred to in this Act as the 
     ``project''), the Secretary of the Interior may, on such 
     terms as the Secretary determines to be just and equitable, 
     contract with the Mancos Water Conservancy District and any 
     of its member unit contractors for impounding, storage, 
     diverting, or carriage of nonproject water for irrigation, 
     domestic, municipal, industrial, and any other beneficial 
     purposes, to an extent not exceeding the excess capacity.
       (2) Interference.--A contract under paragraph (1) shall not 
     impair or otherwise interfere with any authorized purpose of 
     the project.
       (3) Cost considerations.--In fixing the charges under a 
     contract under paragraph (1), the Secretary shall take into 
     consideration--
       (A) the cost of construction and maintenance of the 
     project, by which the nonproject water is to be diverted, 
     impounded, stored, or carried; and
       (B) the canal by which the water is to be carried.
       (4) No additional charges.--The Mancos Water Conservancy 
     District shall not impose a charge for the storage, carriage, 
     or delivery of the nonproject water in excess of the charge 
     paid to the United States, except to such extent as may be 
     reasonably necessary to cover--
       (A) a proportionate share of the project cost; and
       (B) the cost of carriage and delivery of the nonproject 
     water through the facilities of the Mancos Water Conservancy 
     District.
       (b) Water Rights of United States Not Enlarged.--Nothing in 
     this Act enlarges or attempts to enlarge the right of the 
     United States, under existing law, to control any water in 
     any State.

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