[Congressional Record Volume 150, Number 71 (Wednesday, May 19, 2004)]
[Senate]
[Pages S5840-S5841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        CITY OF CHEYENNE, WYOMING KENDRICK WATER STORAGE PROJECT

  The Senate proceeded to consider the bill (S. 943) to authorize the 
Secretary of the Interior to enter into one or more contracts with the 
city of Cheyenne, Wyoming, for the storage of water in the Kendrick 
Project, Wyoming, which had been reported from the Committee on Energy 
and Natural Resources, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                 S. 943

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

     [SECTION 1. WATER STORAGE CONTRACTS.

       [(a) Definitions.--In this Act:
       [(1) City.--The term ``city'' means--
       [(A) the city of Cheyenne, Wyoming;
       [(B) the Board of Public Utilities of the city; and
       [(C) any agency, public utility, or enterprise of the city.
       [(2) Kendrick project.--
       [(A) In general.--The term ``Kendrick Project'' means the 
     Bureau of Reclamation project on the North Platte River in 
     the State constructed for irrigation and the generation of 
     electric power.
       [(B) Inclusions.--The term ``Kendrick Project'' includes--
       [(i) the Seminoe dam, reservoir, and powerplant; and
       [(ii) the Alcova dam and powerplant.
       [(3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       [(4) State.--The term ``State'' means the State of Wyoming.
       [(b) Contracts.--
       [(1) In general.--The Secretary may enter into 1 or more 
     contracts with the city for the annual storage in Seminoe dam 
     and reservoir of the Kendrick Project of water for municipal 
     and industrial uses.
       [(2) Term; renewal.--A contract under paragraph (1)--
       [(A) shall have a term of not more than 40 years; and
       [(B) may be renewed, subject to any terms agreed to by the 
     Secretary and the city, for additional 40-year terms.
       [(3) Disposition of proceeds.--
       [(A) In general.--Except as provided in subparagraph (B), 
     any proceeds received under a contract under paragraph (1) 
     shall--
       [(i) be deposited in the reclamation fund established under 
     the first section of the Act of June 17, 1902 (43 U.S.C. 
     391); and
       [(ii) be available for the Kendrick Project.
       [(B) Operation and maintenance.--Any amounts collected as 
     payments for the operation and maintenance charges of the 
     Kendrick Project under the contract under paragraph (1) shall 
     be credited against applicable operation and maintenance 
     costs of the Kendrick Project.
       [(4) Effect.--A contract under paragraph (1) shall not 
     affect Kendrick Project contractors or any other existing 
     reclamation contractors on the North Platte River system.]

     SECTION 1. WATER STORAGE CONTRACTS.

       (a) Definitions.--In this Act:
       (1) City.--The term ``city'' means--
       (A) the city of Cheyenne, Wyoming;
       (B) the Board of Public Utilities of the city; and
       (C) any agency, public utility, or enterprise of the city.

[[Page S5841]]

       (2) Kendrick project.--The term ``Kendrick Project'' means 
     the Bureau of Reclamation project on the North Platte River 
     that was authorized by a finding of feasibility approved by 
     the President on August 30, 1935, and constructed for 
     irrigation and electric power generation, the major features 
     of which include--
       (A) Seminoe Dam, Reservoir, and Powerplant; and
       (B) Alcova Dam and Powerplant.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (4) State.--The term ``State'' means the State of Wyoming.
       (b) Contracts.--
       (1) In general.--The Secretary may enter into 1 or more 
     contracts with the city for annual storage of the city's 
     water for municipal and industrial use in Seminoe Dam and 
     Reservoir of the Kendrick Project.
       (2) Conditions.--
       (A) Term; renewal.--A contract under paragraph (1) shall--
       (i) have a term of not more than 40 years; and
       (ii) may be renewed on terms agreeable to the Secretary and 
     the city, for successive terms of not more than 40 years per 
     term.
       (B) Revenues.--Notwithstanding the Act of May 9, 1938 (52 
     Stat. 322, chapter 187; 43 U.S.C. 392a)--
       (i) any operation and maintenance charges received under a 
     contract executed under paragraph (1) shall be credited 
     against applicable operation and maintenance costs of the 
     Kendrick Project; and
       (ii) any other revenues received under a contract executed 
     under paragraph (1) shall be credited to the Reclamation Fund 
     as a credit to the construction costs of the Kendrick 
     Project.
       (C) Effect on existing contractors.--A contract under 
     paragraph (1) shall not adversely affect the Kendrick 
     Project, any existing Kendrick Project contractor, or any 
     existing Reclamation contractor on the North Platte River 
     System.
       Amend the title so as to read: ``A bill to authorize the 
     Secretary of the Interior to contract with the city of 
     Cheyenne, Wyoming, for the storage of the city's water in the 
     Kendrick Project, Wyoming.''.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 943), as amended, was passed.

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