S. 99

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.

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II

Calendar No. 40

109th CONGRESS

1st Session

S. 99

[Report No. 109–27]

IN THE SENATE OF THE UNITED STATES

January 24, 2005

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

March 10, 2005

Reported by Mr. Domenici, without amendment

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.

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 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.

March 10, 2005

Reported without amendment