[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 455

Public Law 109-48
109th Congress

An Act


 
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. NOTE: Aug. 2, 2005 -  [H.R. 1046]

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.--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

[[Page 456]]
119 STAT. 456

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.

Approved August 2, 2005.

LEGISLATIVE HISTORY--H.R. 1046:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
May 16, considered and passed House.
July 26, considered and passed Senate.