II 

109TH CONGRESS 

1ST SESSION S. 1106 

To authorize the construction of the Arkansas Valley Conduit in the State 

of Colorado, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2005 

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 

A BILL

To authorize the construction of the Arkansas Valley Conduit 

in the State of Colorado, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arkansas Valley Con5 duit Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) Public Law 87–590 (76 Stat. 389) author9 ized the Fryingpan-Arkansas project, including con10 struction of the Arkansas Valley Conduit, a pipeline 
2

•S 1106 IS

1 extending from Pueblo Reservoir, Pueblo, Colorado 

2 to Lamar, Colorado; 

3 (2) the Arkansas Valley Conduit was never 

4 built, partly because of the inability of local commu5 nities to pay 100 percent of the costs of construction 

6 of the Arkansas Valley Conduit; 

7 (3) in furtherance of the goals and authoriza8 tion of the Fryingpan-Arkansas project, it is nec9 essary to provide separate authorization for the con10 struction of the Arkansas Valley Conduit; 

11 (4) the construction of the Arkansas Valley 

12 Conduit is necessary for the continued viability of 

13 southeast Colorado; and 

14 (5) the Arkansas Valley Conduit would provide 

15 the communities of southeast Colorado with safe, 

16 clean, and affordable water. 

17 (b) PURPOSES.—The purposes of this Act are— 

18 (1) to ensure a safe and adequate water supply 

19 for the beneficiaries identified in Public Law 87–590 

20 (76 Stat. 389) and related authorizing documents 

21 and subsequent studies; and 

22 (2) to establish a cost-sharing requirement for 

23 the construction of the Arkansas Valley Conduit. 
3

•S 1106 IS

1 SEC. 3. ARKANSAS VALLEY CONDUIT, COLORADO. 

2 (a) IN GENERAL.—The Secretary of the Interior (re3 ferred to in this Act as the ‘‘Secretary’’) shall plan, design, 

4 and construct a water delivery pipeline, and branch lines 

5 as needed, from a location in the vicinity (as determined 

6 by the Secretary) of Pueblo Reservoir, Pueblo, Colorado 

7 to a location in the vicinity (as determined by the Sec8 retary) of Lamar, Colorado, to be known as the ‘‘Arkansas 

9 Valley Conduit’’, without regard to the cost-ceiling for the 

10 Fryingpan Arkansas Project established under section 7 

11 of Public Law 87–590 (76 Stat. 393). 

12 (b) LEAD NON-FEDERAL ENTITY.— 

13 (1) DESIGNATION.—The Southeastern Colorado 

14 Water Conservancy District, or a designee of the 

15 Southeastern Colorado Water Conservancy District 

16 that is recognized under State law as an entity that 

17 has taxing authority, shall be the lead non-Federal 

18 entity for the Arkansas Valley Conduit. 

19 (2) DUTIES.—The lead non-Federal entity 

20 shall— 

21 (A) act as the official agent of the Arkan22 sas Valley Conduit; 

23 (B) pay— 

24 (i) the non-Federal share of any in25 creased costs required under subsection 

26 (e)(2)(C); and 
4

•S 1106 IS

1 (ii) the non-Federal share of construc2 tion costs under subsection (e)(2); and 

3 (C) pay costs relating to, and perform, the 

4 operations, maintenance, and replacement of 

5 the Arkansas Valley Conduit. 

6 (c) COOPERATION.—To the maximum extent prac7 ticable during the planning, design, and construction of 

8 the Arkansas Valley Conduit, the Secretary shall collabo9 rate and cooperate with the United States Army Corps 

10 of Engineers, other Federal agencies, and non-Federal en11 tities. 

12 (d) COST ESTIMATE.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Sec15 retary, in cooperation with the lead non-Federal en16 tity, shall prepare an estimate of the total costs of 

17 constructing the Arkansas Valley Conduit. 

18 (2) ACTUAL COSTS.—If the actual costs of con19 struction exceed the estimated costs, the difference 

20 between the actual costs and the estimated costs 

21 shall be apportioned in accordance with subsection 

22 (e)(2)(C). 

23 (3) AGREEMENT ON ESTIMATE AND DESIGN.—

24 The estimate prepared under paragraph (1), and the 
5

•S 1106 IS

1 final design for the Arkansas Valley Conduit, shall 

2 be— 

3 (A) subject to the agreement of the Sec4 retary and the lead non-Federal entity; 

5 (B) developed in cooperation with the lead 

6 non-Federal entity; and 

7 (C) consistent with commonly accepted en8 gineering practices. 

9 (e) COST-SHARING REQUIREMENT.— 

10 (1) FEDERAL SHARE.— 

11 (A) IN GENERAL.—The Federal share of 

12 the total costs of the planning, design, and con13 struction of the Arkansas Valley Conduit shall 

14 be 80 percent. 

15 (B) INCREASED COSTS.—The Federal 

16 share of any increased costs that are a result 

17 of fundamental design changes conducted at the 

18 request of any person other than the lead non19 Federal entity shall be 100 percent. 

20 (2) NON-FEDERAL SHARE.— 

21 (A) NON-FEDERAL SHARE.—The non-Fed22 eral share of the total costs of the planning, de23 sign, and construction of the Arkansas Valley 

24 Conduit shall be 20 percent. 
6

•S 1106 IS

1 (B) FORM.—Up to 100 percent of the non2 Federal share may be in the form of in-kind 

3 contributions or tasks that are identified in the 

4 cost estimate prepared under subsection (d)(1) 

5 as necessary for the planning, design, and con6 struction of the Arkansas Valley Conduit. 

7 (C) INCREASED COSTS.— 

8 (i) FUNDAMENTAL DESIGN

9 CHANGES.—The lead non-Federal entity 

10 shall pay any increased costs that are a re11 sult of fundamental design changes con12 ducted at the request of the lead non-Fed13 eral entity. 

14 (ii) OTHER CAUSES.—For any in15 creased costs that are from causes (includ16 ing increased supply and labor costs and 

17 unforseen field changes) other than funda18 mental design changes referred to in clause 

19 (i) and paragraph (1)(B)— 

20 (I) the Federal share shall be 80 

21 percent; and 

22 (II) the non-Federal share shall 

23 be 20 percent. 

24 (D) UP-FRONT PAYMENT.—Not later than 

25 180 days after the date of completion of the 
7

•S 1106 IS

1 cost-estimate under subsection (d), the Sec2 retary and the non-Federal entity may enter 

3 into an agreement under which— 

4 (i) the Secretary pays 100 percent of 

5 the non-Federal share on behalf of the 

6 non-Federal entity; and 

7 (ii) the non-Federal entity reimburses 

8 the Secretary for the funds paid by the 

9 Secretary in accordance with the terms of 

10 the agreement. 

11 (E) TIMING.—Except as provided in sub12 paragraph (D), the non-Federal share shall be 

13 paid in accordance with a schedule established 

14 by the Secretary that— 

15 (i) takes into account the capability of 

16 the applicable non-Federal entities to pay; 

17 and 

18 (ii) provides for full payment of the 

19 non-Federal share by a date that is not 

20 later than 50 years after the date on which 

21 the Arkansas Valley Conduit is capable of 

22 delivering water. 

23 (f) TRANSFER ON COMPLETION.—On completion of 

24 the Arkansas Valley Conduit, as certified in an agreement 

25 between the Secretary and the lead non-Federal entity, the 
8

•S 1106 IS

1 Secretary shall transfer ownership of the Arkansas Valley 

2 Conduit to the lead non-Federal entity. 

3 (g) APPLICABLE LAW.—Except as provided in this 

4 Act, Public Law 87–590 (76 Stat. 389) and related au5 thorizing documents and subsequent studies shall apply to 

6 the planning, design, and construction of the Arkansas 

7 Valley Conduit. 

8 (h) WATER RIGHTS.—Nothing in this Act affects any 

9 State water law or interstate compact. 

10 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated such sums as are necessary to carry out this Act. 

13 (b) LIMITATION.—Amounts made available under 

14 subsection (a) shall not be used for the operation or main15 tenance of the Arkansas Valley Conduit.

Æ