II
Calendar No. 991
110th CONGRESS
2d Session
S. 2974
IN THE SENATE OF THE UNITED STATES
May 2, 2008
Mr. Allard (for himself and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
September 16, 2008
Reported by Mr. Bingaman, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To provide for the construction of the Arkansas Valley Conduit in the State of Colorado.
Short title
This Act may be cited as the
Arkansas Valley Conduit Act of
2008
.
Arkansas Valley Conduit, Colorado
Cost share
The first section of
Public Law 87–590 (76 Stat. 389) is amended in the second sentence of
subsection (c) by inserting after cost thereof,
the following:
or in the case of the Arkansas Valley Conduit, payment of not more than
35 percent of the cost of the conduit,
.
Rates
Section 2(b) of Public Law 87–590 (76 Stat. 390) is amended—
by striking
(b) Rates
and inserting the following:
Rates
In general
Rates
; and
by adding at the end the following:
Ruedi Dam and Reservoir, Fountain Valley Pipeline, and South Outlet Works at Pueblo Dam and Reservoir
Notwithstanding the reclamation laws, until the date on
which the payments for the Arkansas Valley Conduit under paragraph (3) begin,
any revenue that may be derived from contracts for the use of
Fryingpan-
Arkansas project excess capacity or exchange contracts
using Fryingpan-Arkansas project facilities shall be credited towards payment
of the actual cost of Ruedi Dam and Reservoir, the Fountain Valley Pipeline,
and the South Outlet Works at Pueblo Dam and Reservoir plus interest in an
amount determined in accordance with this section
Arkansas Valley Conduit
Use of revenue
Notwithstanding the reclamation laws, any revenue derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities shall be credited towards payment of the actual cost of the Arkansas Valley Conduit plus interest in an amount determined in accordance with this section.
Adjustment of rates
Any rates charged under this section for water for municipal, domestic, or industrial use or for the use of facilities for the storage or delivery of water shall be adjusted to reflect the estimated revenue derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities.
.
Authorization of appropriations
Section 7 of Public Law 87–590 (76 Stat. 393) is amended—
by striking
Sec. 7.
There is hereby
and inserting the following:
Authorization of Appropriations
In general
There is
; and
by adding at the end the following:
Arkansas Valley Conduit
In general
Subject to annual appropriations and paragraph (2), there are authorized to be appropriated such sums as are necessary for the construction of the Arkansas Valley Conduit.
Limitation
Amounts made available under paragraph (1) shall not be used for the operation or maintenance of the Arkansas Valley Conduit.
.
Short title
This Act may be cited as the
Arkansas Valley Conduit Act of
2008
.
Arkansas Valley Conduit, Colorado
Cost share
The first section of
Public Law 87–590 (76 Stat. 389) is amended in the second sentence of
subsection (c) by inserting after cost thereof,
the following:
or in the case of the Arkansas Valley Conduit, payment in an amount
equal to 35 percent of the cost of the conduit that is comprised of revenue
generated by payments pursuant to a repayment contract and revenue that may be
derived from contracts for the use of Fryingpan-Arkansas project excess
capacity or exchange contracts using Fryingpan-Arkansas project
facilities,
.
Rates
Section 2(b) of Public Law 87–590 (76 Stat. 390) is amended—
by striking (b)
Rates
and inserting the following:
Rates
In general
Rates
; and
by adding at the end the following:
Ruedi Dam and Reservoir, Fountain Valley Pipeline, and South Outlet Works at Pueblo Dam and Reservoir
In general
Notwithstanding the reclamation laws, until the date on which the payments for the Arkansas Valley Conduit under paragraph (3) begin, any revenue that may be derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities shall be credited towards payment of the actual cost of Ruedi Dam and Reservoir, the Fountain Valley Pipeline, and the South Outlet Works at Pueblo Dam and Reservoir plus interest in an amount determined in accordance with this section.
Effect
Nothing in the Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)) prohibits the concurrent crediting of revenue (with interest as provided under this section) towards payment of the Arkansas Valley Conduit as provided under this paragraph.
Arkansas Valley Conduit
Use of revenue
Notwithstanding the reclamation laws, any revenue derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities shall be credited towards payment of the actual cost of the Arkansas Valley Conduit plus interest in an amount determined in accordance with this section.
Adjustment of rates
Any rates charged under this section for water for municipal, domestic, or industrial use or for the use of facilities for the storage or delivery of water shall be adjusted to reflect the estimated revenue derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities.
.
Authorization of appropriations
Section 7 of Public Law 87–590 (76 Stat. 393) is amended—
by striking
Sec. 7.
There is hereby
and inserting the following:
Authorization of Appropriations
In general
There is
; and
by adding at the end the following:
Arkansas Valley Conduit
In general
Subject to annual appropriations and paragraph (2), there are authorized to be appropriated such sums as are necessary for the construction of the Arkansas Valley Conduit.
Limitation
Amounts made available under paragraph (1) shall not be used for the operation or maintenance of the Arkansas Valley Conduit.
.
September 16, 2008
Reported with an amendment