I 

111TH CONGRESS 

1ST SESSION H. R. 172 

To provide for the construction of the Arkansas Valley Conduit in the State 

of Colorado. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. SALAZAR (for himself and Ms. MARKEY of Colorado) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide for the construction of the Arkansas Valley 

Conduit in the State of Colorado. 

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 of 2008’’. 

6 SEC. 2. ARKANSAS VALLEY CONDUIT, COLORADO. 

7 (a) COST SHARE.—The first section of Public Law 

8 87–590 (76 Stat. 389) is amended in the second sentence 

9 of subsection (c) by inserting after ‘‘cost thereof,’’ the fol10 lowing: ‘‘or in the case of the Arkansas Valley Conduit, 


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1 payment of not more than 35 percent of the cost of the 

2 conduit,’’. 

3 (b) RATES.—Section 2(b) of Public Law 87–590 (76 

4 Stat. 390) is amended— 

5 (1) by striking ‘‘(b) Rates’’ and inserting the 

6 following: 

7 ‘‘(b) RATES.— 

8 ‘‘(1) IN GENERAL.—Rates’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN

11 VALLEY PIPELINE, AND SOUTH OUTLET WORKS AT

12 PUEBLO DAM AND RESERVOIR.—Notwithstanding 

13 the reclamation laws, until the date on which the 

14 payments for the Arkansas Valley Conduit under 

15 paragraph (3) begin, any revenue derived from con16 tracts for the use of Fryingpan-Arkansas project ex17 cess capacity from, or exchange contracts using 

18 Fryingpan-Arkansas project facilities of, Ruedi Dam 

19 and Reservoir, the Fountain Valley Pipeline, and the 

20 South Outlet Works at Pueblo Dam and Reservoir, 

21 shall be credited towards payment of the actual cost 

22 of the facilities plus interest in an amount deter23 mined in accordance with this section 

24 ‘‘(3) ARKANSAS VALLEY CONDUIT.— 


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1 ‘‘(A) USE OF REVENUE.—Notwithstanding 

2 the reclamation laws, any revenue derived from 

3 contracts for the use of Fryingpan-Arkansas 

4 project excess capacity or exchange contracts 

5 using Fryingpan-Arkansas project facilities of 

6 the Arkansas Valley Conduit shall be credited 

7 towards payment of the actual cost of the facili8 ties plus interest in an amount determined in 

9 accordance with this section. 

10 ‘‘(B) ADJUSTMENT OF RATES.—Any rates 

11 charged under this section for water for munic12 ipal, domestic, or industrial use or for the use 

13 of facilities for the storage or delivery of water 

14 shall be adjusted to reflect the estimated rev15 enue derived from contracts for the use of 

16 Fryingpan-Arkansas project excess capacity or 

17 exchange contracts using Fryingpan-Arkansas 

18 project facilities.’’. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 7 of Public Law 87–590 (76 Stat. 393) is amended— 

21 (1) by striking ‘‘SEC. 7. There is hereby’’ and 

22 inserting the following: 

23 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘(a) IN GENERAL.—There is’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(b) ARKANSAS VALLEY CONDUIT.— 

2 ‘‘(1) IN GENERAL.—Subject to annual appro3 priations and paragraph (2), there are authorized to 

4 be appropriated such sums as are necessary for the 

5 construction of the Arkansas Valley Conduit. 

6 ‘‘(2) LIMITATION.—Amounts made available 

7 under paragraph (1) shall not be used for the oper8 ation or maintenance of the Arkansas Valley Con9 duit.’’. 

Æ 


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