59–010 

Calendar No. 630 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–352 

ARKANSAS VALLEY CONDUIT, COLORADO 

MODIFICATIONS 

SEPTEMBER 15, 2016.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 2616] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2616) to modify certain cost-sharing and revenue provisions relating to the Arkansas Valley Conduit, Colorado, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 2616 is to modify certain cost-sharing and revenue provisions relating to the Arkansas Valley Conduit, Colorado. 

BACKGROUND AND NEED

The Fryingpan-Arkansas Project was first authorized in 1962 to 

furnish irrigation water, municipal and industrial water, and electric power, and to control floods in the Arkansas River Valley in 

Southeastern Colorado. The last component of this project, the Arkansas Valley Conduit, is a 130-mile pipeline which would deliver 

water from the Pueblo Reservoir to more than 40 communities in 

Colorado. Currently, revenue generated by existing Fryingpan-Arkansas project facilities is used for debt repayment associated with 

construction of related facilities. Congress enacted legislation as 

part of the Omnibus Public Lands Act of 2009 to require the water 

users to pay 35 percent of the reimbursable cost of the conduit. In 

addition, the 2009 law credited the ‘‘miscellaneous revenues’’ that 

the Project receives for the use of its excess storage capacity and 

exchange contracts towards the water users’ repayment obligation. 


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The cost of constructing the conduit still remained subject to appropriation. 

The Arkansas Valley Conduit is needed to supply clean drinking 

water to communities that currently must use groundwater that 

contains high levels of radium and uranium. S. 2616 is needed, 

first, to authorize the Secretary of the Interior to spend the miscellaneous revenues from the Project’s excess storage capacity to 

construct the Arkansas Valley Conduit without further appropriation. In addition, it is needed to permit the Secretary to the use of 

the miscellaneous revenues to repay funds borrowed from the State 

of Colorado by the water users to help construct the conduit. 

LEGISLATIVE HISTORY

S. 2616 was introduced by Senator Gardner on March 2, 2016. 

The Subcommittee on Water and Power held a hearing on S. 2616 

on May 17, 2016. 

The Committee on Energy and Natural Resources met in open 

business session on July 13, 2016, and ordered S. 2616 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on July 13, 2016, by a majority voice vote of 

a quorum present, recommends that the Senate pass S. 2616. 

SECTION-BY-SECTION ANALYSIS

Section 1. Arkansas Valley Conduit, Colorado 

Section 1(a) amends Public Law 87–590 to modify the water 

users’ repayment obligation such that it will be 35 percent of the 

funds appropriated for construction in order to conform to the 

amendment made by subsection (b), which permits the use of nonappropriated funds to construct the conduit. 

Subsection (b) directs that all revenue derived from contracts for 

the use of Fryingpan-Arkansas project excess capacity or exchange 

contracts using project facilities shall be available to the Secretary 

without further appropriation. The funds shall be used to pay for 

the construction of the Arkansas Valley Conduit; for the payment 

to the Southeastern Colorado Water Conservancy District to repay 

the principal and interest on loans obtained by the District toward 

construction of the Arkansas Valley Conduit; and be credited toward repayment of the funds appropriated for the Arkansas Valley 

Conduit, plus interest. The Secretary is further directed to enter 

into one or more agreements with the District that specify the distribution of funds. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 6, 2016. 

Hon. LISA MURKOWSKI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 2616, a bill to modify 

certain cost-sharing and revenue provisions relating to the Arkansas Valley Conduit, Colorado. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 2616—A bill to modify certain cost-sharing and revenue provisions relating to the Arkansas Valley Conduit, Colorado 

Summary: S. 2616 aims to facilitate the construction of the Arkansas Valley Conduit (AVC), a component of the Fryingpan-Arkansas Project designed to deliver potable water to six rural counties in Colorado. Based on information from the Bureau of Reclamation (BOR), the Southeastern Colorado Water Conservancy 

District, and Colorado state agencies, CBO estimates that enacting 

S. 2616 would increase direct spending by $60 million over the 

2017–2026 period and by $108 million after 2026. Because the legislation would affect direct spending, pay-as-you-go procedures 

apply. Enacting S. 2616 would not affect revenues. The new funding and financing activities authorized in S. 2616 could lead to a 

reduction in the need for appropriated funds to complete the AVC. 

CBO estimates that enacting the bill would not increase net direct spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2027. 

S. 2616 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 2616 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

Fiscal year, in millions of dollars 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

22021 

2017– 

2026 

INCREASES IN DIRECT SPENDING 

Use of Borrowed Funds for AVC Construction: 

Estimated Budget Authority ............. 0 0 5 5 5 5 5 5 5 5 15 40 

Estimated Outlays ............................ 0 0 5 5 5 5 5 5 5 5 15 40 

Spending of Project Receipts: 

Estimated Budget Authority ............. 0 0 0 0 0 4 4 4 4 4 0 20 

Estimated Outlays ............................ 0 0 0 0 0 4 4 4 4 4 0 20 

Total Changes: 

Estimated Budget Authority .... 0 0 5 5 5 9 9 9 9 9 15 60 

Estimated Outlays ................... 0 0 5 5 5 9 9 9 9 9 15 60 

Note: Components may not sum to totals because of rounding; AVC = Arkansas Valley Conduit. 


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1 Allowing the district to borrow on behalf of the BOR and for the BOR to then use those 

amounts is considered federal borrowing, a form of mandatory budget authority. Receipt of the 

borrowed amounts would be considered a means of financing and thus would not be reflected 

in the budget. However, the budget would record the obligations incurred by using borrowed 

amounts at the time that such obligations occur. Outlays would be recorded to reflect the timing 

and pace of capital expenditures to construct the AVC. 2S. 2616 would not limit the amount of financing that the district could obtain from Colorado. 

If future appropriations for the AVC are lower (or higher) than assumed, the loan could be higher (or lower) than $100 million and direct spending would be higher (or lower). 

Basis of estimate: For this estimate, CBO assumes that S. 2616 

will be enacted near the end of 2016. S. 2616 would authorize the 

BOR to effectively obtain and repay a construction loan for part or 

all of the AVC that would be arranged by the Southeastern Colorado Water Conservancy District (the district), the nonfederal sponsor for the AVC. The bill also would authorize the BOR to spend 

certain receipts from the sale of excess capacity for water storage 

at the Fryingpan-Arkansas Project to construct the AVC. 

Based on an analysis of information from the BOR about project 

costs and scheduling plans for constructing the AVC, and assuming 

the new funding and financing authorities provided in the bill are 

used, CBO estimates that planning and designing of the project 

would be completed in 2018 and that construction would be completed 20 years later, in 2038. 

In 2011, the BOR estimated that completing construction of the 

AVC would cost $400 million. In the last few years $21 million was 

appropriated to begin design and construction work on the project. 

S. 2616 would not change the total cost of completing the AVC, 

however, it would change how those funds are provided by the Congress and it would reduce the portion of total project costs that 

would be reimbursed by the local water district. 

Under current law, any funds to complete the AVC will be provided in annual appropriation acts. S. 2616 aims to facilitate the 

construction of the AVC by authorizing a combination of funding 

sources, including permitting the BOR to spend roughly $68 million 

of receipts from the sale of excess water storage capacity over the 

2022–2038 period and authorizing the BOR to obtain a loan 

(through the district) from the state of Colorado to finance about 

$100 million of the project costs over the next 20 years. Net federal 

costs to construct the AVC over the next several decades would increase under the bill because the Southeastern Colorado Water 

Conservancy District would be responsible for repaying a smaller 

portion of project costs. Furthermore interest costs of the construction loan provided by Colorado would probably be greater than if 

the U.S. Treasury had borrowed those amounts. Those costs, however, would not be incurred until repayment begins in 2039. 

DIRECT SPENDING

Nonfederal Financing of AVC Construction. S. 2616 would effectively authorize the BOR to borrow and repay funds from Colorado 

state agencies to construct the AVC.1 Under the bill, the nonfederal 

financing of construction costs would be arranged through the local 

water district. Based on information from the BOR, the district, 

and the state, CBO estimates that the district would obtain financing of $100 million for constructing the AVC and that the loan 

would be dispersed in roughly $5 million increments over the 20- 

year construction period.2 CBO estimates that implementing those 


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provisions would increase direct spending by $40 million over the 

2017–2026 period and $60 million after 2026. 

Spending of Project Receipts. Starting in 2022, S. 2616 would authorize the BOR to spend certain project receipts without further 

appropriation to construct the AVC. Under current law, those receipts result from excess capacity charges to water users for storage and conveyance services during periods when all available 

water storage capacity is not needed to meet the authorized purposes of the project. In the last few years, those receipts have totaled about $4 million each year. 

CBO estimates that implementing this provision would increase 

direct spending by $20 million over the 2017–2026 period and by 

$48 million after 2026. 

Nonfederal Cost Share of the AVC. Under current law, the district will be responsible for repaying the federal government 35 

percent of AVC construction costs (approximately $400 million). 

Under the bill this repayment obligation would remain at 35 percent, but it would not apply to the portion of the project funded 

through amounts borrowed from Colorado state agencies (about 

$100 million), or to the construction costs covered by spending 

charges for excess water storage capacity (about $68 million). Repayment of the nonfederal share of the AVC would not begin until 

construction is complete in 2038, thus no changes in the nonfederal 

cost share are reflected in this cost estimate that covers the 2017– 

2026 period. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of2010 establishes budget-reporting and enforcement procedures for 

legislation affecting direct spending or revenues. The net changes 

in outlays and revenues that are subject to those pay-as-you-go procedures are shown in the following table. 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016– 

2021 

2016– 

2026 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go lmpact .... 0 0 0 5 5 5 9 9 9 9 9 15 60 

Estimated impact on state, local, and Tribal Governments: S. 

2616 contains no intergovernmental mandates as defined in 

UMRA. The bill would benefit the Southeastern Colorado Water 

Conservancy District by allowing the district to obtain nonfederal 

financing to construct a federal water project. Any costs incurred 

by the district under the agreement with the federal government 

to secure financing, including cost-sharing contributions, would result from complying with conditions of federal assistance. 

Estimated impact on the private sector: S. 2616 contains no private-sector mandates as defined in UMRA. 

Increase in long-term net direct spending and deficits: CBO estimates that enacting the bill would not increase net direct spending 

or on-budget deficits by more than $5 billion in any of the four consecutive 10-year periods beginning in 2027. 

Estimate prepared by: Federal Spending: Aurora Swanson; Impact on State, Local, and Tribal Governments: Jon Sperl; Impact on 

the Private Sector: Amy Petz. 


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Estimate Approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 2616. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 2616, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 2616, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony received from the Bureau of Reclamation of the 

U.S. Department of the Interior at the May 17, 2016, Subcommittee on Water and Power hearing on S. 2616 follows: 

STATEMENT OF ESTEVAN LOPEZ, COMMISSIONER, BUREAU

OF RECLAMATION, U.S. DEPARTMENT OF THE INTERIOR

Chairman Lee and members of the Subcommittee, I am 

Estevan Lopez, Commissioner of the Bureau of Reclamation, in the Department of the Interior. I appreciate the 

opportunity to testify on S. 2616. The Administration is 

still reviewing S. 2616 and does not have a position at this 

time. The Department supports the goal of assisting nonfederal sponsors with accessing nonfederal capital for the 

construction of projects. However, the bill raises some concerns discussed below. 

The Arkansas Valley Conduit (AVC) was originally authorized in 1962. However, the beneficiaries’ inability to 

repay construction of the project, along with competing 

water infrastructure needs across the West have made it 

difficult to fund large-scale projects like the AVC at the 

federal or local level. Currently AVC area communities use 

groundwater to supply most of their drinking water, and 

that water has been determined to contain high levels of 

naturally occurring radium and uranium. Twelve water 

providers have concentrations of these elements in the 

water supplies that exceed federal Safe Drinking Water 

Act mandatory standards. As a result, the State has issued 

enforcement actions requiring these water providers to remove the contaminants or find a better quality water 

source. In addition, water providers in the lower Arkansas 

River Basin generally have difficulty meeting non-mandaVerDate Sep 11 2014 05:34 Sep 16, 2016 Jkt 059010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR352.XXX SR352

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tory secondary drinking water standards for salts, sulfate 

and iron. 

Given these circumstances, it is extremely important for 

these communities to find an alternative water supply that 

would meet existing and future municipal and industrial 

potable water demands for citizens in the six southeastern 

Colorado counties of the Lower Arkansas River Basin: 

Pueblo, Crowley, Otero, Bent, Prowers, and Kiowa. AVC 

would serve approximately 53,000 residents (estimated to 

increase to 74,000 by the year 2070) with an estimated 

construction cost of $400 million (2011 dollars). Feasibility 

level designs are being prepared with an anticipated completion date of September, 2016. 

Replacing contaminated groundwater supplies with local 

surface water from the Arkansas River is problematic because the river downstream of the City of Pueblo contains 

high levels of selenium, sulfates, uranium, and salts. The 

AVC, which is an authorized feature of Reclamation’s 

Fryingpan-Arkansas Project (Fry-Ark Project), would address these problems by providing high quality surface 

water via a least-cost regional system. 

The existing Fry-Ark Project Act, as amended in 2009 by 

Public Law 111–11, authorizes appropriations for construction of the AVC; allows miscellaneous revenues to be used 

to construct AVC; and, upon completion, provides for miscellaneous revenues to be credited to the actual costs of 

AVC. P.L. 111–11 also provides a cost sharing plan of 

100% percent federal financing and 35 percent non-federal 

repayment, over a period of 50 years, starting after project 

completion. In August 2013 a Final Environmental Impact 

Statement was completed and the Record of Decision was 

signed in February 2014. Through FY 2016, approximately 

$21 million in federal appropriations has been provided for 

AVC. 

Representatives of the Southeastern Colorado Water 

Conservancy District (District) and the Department and 

Bureau of Reclamation (Reclamation) began discussions in 

the summer of 2015 to develop an approach for funding 

AVC construction while reducing the need for federal appropriations. With an objective of accomplishing sufficient 

final engineering and design work to allow award of the 

first construction contract during fiscal year (FY) 2019, the 

goal is to obtain funding from multiple sources to permit 

completion of construction in a timely fashion. 

The District and the state of Colorado are contemplating 

a $100 million loan to finance part of the construction of 

this project. S. 2616 authorizes and directs Reclamation to 

provide, without appropriation, miscellaneous revenues to 

the District so they can, in turn, use those funds to the extent needed, repay a loan or loans from the Colorado 

Water Conservation Board (CWCB). Under current law, 

those miscellaneous revenues are controlled by Reclamation, and at the Secretary’s discretion, can be used to offset 

various project costs, finance further construction of the 

Fryingpan-Arkansas Project (potentially including the 


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AVC), or deposited to the Reclamation fund to reduce the 

Federal deficit. 

If S. 2616 were enacted: • The District would remain obligated to repay 35 

percent of the federal appropriations made for the 

AVC, with such repayment to come from the crediting 

of miscellaneous revenues to the AVC or from District 

sources if those miscellaneous revenues are insufficient. • The miscellaneous revenues not needed to repay a 

loan or loans to the District from the CWCB or to 

meet the District’s obligation to repay 35 percent of 

federal appropriations would be available for Reclamation to credit to the repayment of the remaining 65 

percent of the AVC’s construction costs paid for with 

federal appropriations. • The costs of the Ruedi Dam and Reservoir, Fountain Valley Pipeline, and South Outlet Works at Pueblo Dam and Reservoir, plus interest, will be repaid before miscellaneous revenues could be used to pay for 

AVC costs during construction. 

Under current law, all miscellaneous revenues generated 

by the Fry-Ark Project are currently devoted to repayment 

of the investment in the AVC. 

S. 2616 directs that miscellaneous revenues be provided 

to the District. The District envisions that these revenues 

would be used to repay the monies it would borrow from 

the CWCB for about $100 million in non-federal financing 

for the construction of the AVC. While we are still undertaking a detailed analysis of the full implications of such 

a reallocation of federal receipts, the reallocation of federal 

revenues to a non-federal entity for the benefit of that nonfederal entity should be given careful consideration, including budgetary effects. 

This concludes my written statement. I would be pleased 

to answer questions at the appropriate time. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the original 

bill, as reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law in which no change is proposed is shown in 

roman): 

Public Law 87–590, as amended 

* * * * * * * 

(c) No part of the single purpose municipal and industrial water 

supply works involved in the Fryingpan-Arkansas project shall be 

constructed by the Secretary in the absence of evidence satisfactory 

to him that it would be infeasible for the communities involved to 

construct the works themselves, singly or jointly. In the event it is 

determined that these works, or any of them, are to be constructed 

by the Secretary, a contract providing, among other things, for payVerDate Sep 11 2014 05:34 Sep 16, 2016 Jkt 059010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR352.XXX SR352

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ment of the actual cost thereof, or in the case of øthe 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¿ the Arkansas Valley Conduit, for payment in an amount equal to 35 percent of the 

funds appropriated for the conduit that is comprised of revenue generated by payments pursuant to a repayment contract and of revenue that may be derived from contracts for the use of FryingpanArkansas project excess capacity or exchange contracts using 

Fryingpan-Arkansas project facilities, with interest as hereinafter 

provided, as rapidly as is consistent with the contracting parties’ 

ability to pay, but in any event, within fifty years from the time 

the works are first available for the delivery of water, and for assumption by the contracting parties of the care, operation, maintenance, and replacement of the works shall be in a condition precedent to construction thereof. 

SEC. 2(a)—Contracts to repay the portion of cost of the 

Fryingpan-Arkansas project * * * 

(b) RATES.— 

* * * * * * * 

(2) RUEDI DAM AND RESERVOIR, FOUNTAIN VALLEY PIPELINE, 

AND SOUTH OUTLET WORKS AT PUEBLO DAM AND RESERVOIR.— 

(A) IN GENERAL.—Notwithstanding the reclamation laws, 

øuntil 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 øplus 

interest in an amount determined in accordance with this 

section¿ until those costs, plus interest, have been fully repaid. 

(B) 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. 

(3) ARKANSAS VALLEY CONDUIT.— ø(A) 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.¿ 

(A) USE OF REVENUE.— 

(i) IN GENERAL.—Notwithstanding the reclamation 

laws, all revenue derived from all contracts for the use 

of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project faVerDate Sep 11 2014 05:34 Sep 16, 2016 Jkt 059010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\SR352.XXX SR352

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cilities shall be available to, and used by, the Secretary, without appropriation— 

(I) subject to paragraph (2), for the payment of 

costs associated with the construction of the Arkansas Valley Conduit; 

(II) for the payment to the Southeastern Colorado Water Conservancy District, including any 

enterprise established by the District in accordance 

with Colorado State law (collectively referred to in 

this subparagraph as the ‘District’) of amounts 

needed for the District to repay the principal and 

interest on loans obtained by the District from 

agencies of the State of Colorado for construction 

of the Arkansas Valley Conduit; and 

(III) to be credited towards repayment of the 

funds appropriated for the Arkansas Valley Conduit, plus interest. 

(ii) AGREEMENTS.—The Secretary shall enter into 1 

or more agreements with the District that specify the 

distribution, in amount and timing, of the revenue described in clause (i), as between the uses described in 

subclauses (I), (II), and (III) of that clause. 

(B) 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. 

* * * * * * * 

Æ 


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