II 

111TH CONGRESS 

1ST SESSION S. 1264 

To require the Secretary of the Interior to assess the irrigation infrastructure 

of the Pine River Indian Irrigation Project in the State of Colorado 

and provide grants to, and enter into cooperative agreements with, the 

Southern Ute Indian Tribe to assess, repair, rehabilitate, or reconstruct 

existing infrastructure, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2009 

Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To require the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation 

Project in the State of Colorado and provide grants 

to, and enter into cooperative agreements with, the 

Southern Ute Indian Tribe to assess, repair, rehabilitate, 

or reconstruct existing infrastructure, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pine River Indian Irri3 gation Project Act of 2009’’. 

4 SEC. 2. FINDINGS; PURPOSE. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) drought, population increases, and environ7 mental needs are exacerbating water supply issues 

8 across the western United States, including on the 

9 Southern Ute Indian Reservation in southwestern 

10 Colorado; 

11 (2)(A) a report of the Government Account12 ability Office dated 2006 identified significant issues 

13 with the Pine River Indian Irrigation Project, in14 cluding the issue that, at the time of the study, the 

15 Bureau of Indian Affairs estimated that total de16 ferred maintenance costs for the Project exceeded 

17 $20,000,000; and 

18 (B) other estimates have placed those costs at 

19 more than $60,000,000; 

20 (3) the report of the Government Accountability 

21 Office demonstrates that key facilities of the Project 

22 are severely deteriorated; 

23 (4) operations and maintenance fees are not 

24 sufficient to address the condition of the Project, 

25 even though the Bureau of Indian Affairs has 


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1 sought to double those fees, from $8.50 to $17, in 

2 recent years; 

3 (5) the report of the Government Accountability 

4 Office also notes that a prior study done by the Bu5 reau of Reclamation determined that water users 

6 could not afford to pay operations and maintenance 

7 fees of $8.50 and operate a profitable farming oper8 ation; 

9 (6) the benefits of rehabilitating and repairing 

10 the irrigation infrastructure of the Project include— 

11 (A) water conservation; 

12 (B) extending available water supply; 

13 (C) increased agricultural production; 

14 (D) economic benefits; 

15 (E) safer facilities; and 

16 (F) the preservation of the culture of the 

17 Southern Ute Indian Tribe; 

18 (7) while, as of the date of enactment of this 

19 Act, the Project is managed by the Bureau of Indian 

20 Affairs, the Southern Ute Indian Tribe also receives 

21 water from facilities owned or operated by the Bu22 reau of Reclamation; and 

23 (8) rehabilitation and repair of the infrastruc24 ture of the Project by the Bureau of Reclamation 

25 would improve— 


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1 (A) overall water management; and 

2 (B) the ability of the Southern Ute Indian 

3 Tribe and the Bureau of Reclamation to ad4 dress potential water conflicts. 

5 (b) PURPOSE.—The purpose of this Act is to require 

6 the Secretary of the Interior— 

7 (1) to assess the condition of infrastructure of 

8 the Pine River Indian Irrigation Project; 

9 (2) to establish priorities for the rehabilitation 

10 of irrigation infrastructure within the Project ac11 cording to specified criteria; and 

12 (3) to implement rehabilitation activities for the 

13 irrigation infrastructure of the Project. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) PROJECT.—The term ‘‘Project’’ means the 

17 Pine River Indian Irrigation Project. 

18 (2) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (3) STATE.—The term ‘‘State’’ means the State 

21 of Colorado. 

22 (4) TRIBAL COUNCIL.—The term ‘‘Tribal Coun23 cil’’ means the Southern Ute Indian Tribal Council. 

24 (5) TRIBE.—The term ‘‘Tribe’’ means the 

25 Southern Ute Indian Tribe. 


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1 SEC. 4. STUDY OF IRRIGATION INFRASTRUCTURE OF 

2 PROJECT. 

3 (a) STUDY.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary, in 

6 consultation with the Tribe, shall— 

7 (A) conduct a study of the irrigation infra8 structure of the Project; and 

9 (B) based on the results of the study, de10 velop a list of activities (including a cost esti11 mate for each activity) that are recommended 

12 to be implemented during the 10-year period 

13 beginning on the date of completion of the 

14 study to repair, rehabilitate, or reconstruct that 

15 irrigation infrastructure. 

16 (2) FACTORS FOR CONSIDERATION.— 

17 (A) IN GENERAL.—In developing the list 

18 under paragraph (1)(B), the Secretary shall 

19 give priority to activities based on— 

20 (i) a review of the priority factors de21 scribed in subparagraph (B) with respect 

22 to the activity; 

23 (ii) recommendations of the Tribe, if 

24 any; and 


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1 (iii) a consideration of the projected 

2 benefits of each activity on completion of 

3 the Project. 

4 (B) PRIORITY FACTORS.—The priority fac5 tors referred to in subparagraph (A)(i) are— 

6 (i) any threat to the health and safety 

7 of— 

8 (I) a member of the Tribe; 

9 (II) an employee of the irrigation 

10 operations and maintenance program 

11 of the Bureau of Indian Affairs; or 

12 (III) the general public; 

13 (ii) the extent of disrepair of the irri14 gation infrastructure of the Project and 

15 the effect of the disrepair on the ability of 

16 users of the Project to irrigate agricultural 

17 land using that irrigation infrastructure; 

18 (iii) whether, and the extent to which, 

19 the repair, rehabilitation, or reconstruction 

20 of the irrigation infrastructure of the 

21 Project would provide an opportunity to 

22 conserve water; 

23 (iv)(I) the economic and cultural im24 pacts the irrigation infrastructure of the 


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1 Project that is in disrepair has on the 

2 Tribe; and 

3 (II) the economic and cultural bene4 fits that the repair, rehabilitation, or re5 construction of that irrigation infrastruc6 ture would have on the Tribe; 

7 (v) the opportunity to address water 

8 supply or environmental conflicts if the ir9 rigation infrastructure of the Project is re10 paired, rehabilitated, or reconstructed; and 

11 (vi) the overall benefits of the activity 

12 to efficient water operations on the land of 

13 the Tribe. 

14 (3) CONSULTATION.—In carrying out the study 

15 under this subsection, the Secretary shall consult 

16 with the Assistant Secretary for Indian Affairs and 

17 other relevant Federal and local officials to evaluate 

18 the extent to which programs under the jurisdiction 

19 of each Federal and local agency may be used to de20 velop— 

21 (A) the list of activities under paragraph 

22 (1)(B); or 

23 (B) the report under subsection (b). 

24 (b) REPORT.— 


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1 (1) IN GENERAL.—Not later than 18 months 

2 after the date of enactment of this Act, the Sec3 retary shall submit to the Committee on Energy and 

4 Natural Resources of the Senate, the Committee on 

5 Natural Resources of the House of Representatives, 

6 and the Tribe a report that includes— 

7 (A) the list of activities recommended for 

8 implementation under subsection (a)(1)(B); and 

9 (B) any findings of the Secretary with re10 spect to— 

11 (i) the study under subsection (a); 

12 (ii) consideration of the factors de13 scribed in subsection (a)(2); and 

14 (iii) any consultation required under 

15 subsection (a)(3). 

16 (2) BIENNIAL REVIEW.—Not later than 2 years 

17 after the date on which the Secretary submits the 

18 report under paragraph (1) and every 2 years there19 after, the Secretary, in consultation with the Tribe, 

20 shall— 

21 (A) review the report; and 

22 (B) update the list of activities under sub23 section (a)(1)(B) in accordance with each factor 

24 described in subsection (a)(2), as the Secretary 

25 determines to be appropriate. 


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1 SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS AND 

2 AGREEMENTS. 

3 (a) IN GENERAL.—Subject to subsection (b), the Sec4 retary may provide grants to, and enter into cooperative 

5 agreements with, the Tribe to plan, design, construct, or 

6 otherwise implement any activity to repair, rehabilitate, 

7 reconstruct, or replace irrigation infrastructure of the 

8 Project, if the activity is recommended for implementation 

9 on the list under section 4(a)(1)(B). 

10 (b) LIMITATION.—Assistance provided under sub11 section (a) shall not be used for any on-farm improvement. 

12 (c) CONSULTATION AND COORDINATION.—In pro13 viding assistance under subsection (a), the Secretary 

14 shall— 

15 (1) consult with, and obtain the approval of, the 

16 Tribe; 

17 (2) consult with the Assistant Secretary for In18 dian Affairs; and 

19 (3) as appropriate, coordinate the activity with 

20 any work being conducted under the irrigation oper21 ations and maintenance program of the Bureau of 

22 Indian Affairs. 

23 (d) COST SHARING REQUIREMENT.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the Federal share of the total cost of carVerDate Nov 24 2008 22:46 Jun 15, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1264.IS S1264

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1 rying out an activity using assistance under sub2 section (a) shall be not more than 75 percent. 

3 (2) EXCEPTION.—The Secretary may waive or 

4 limit the non-Federal share required under para5 graph (1) on request of the Tribe. 

6 SEC. 6. EFFECT OF ACT. 

7 (a) WATER RIGHTS OF TRIBE.—Nothing in this Act 

8 (including the implementation of any activity carried out 

9 in accordance with this Act) affects any right of the Tribe 

10 to receive, divert, store, or claim a right to water, includ11 ing the priority of right and the quantity of water associ12 ated with the water right under Federal or State law. 

13 (b) STATE WATER LAW.—Nothing in this Act pre14 empts or affects— 

15 (1) any provision of water law of the State; or 

16 (2) any interstate compact governing water. 

17 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) STUDY.—There is authorized to be appropriated 

19 to carry out the study under section 4 $4,000,000. 

20 (b) IRRIGATION INFRASTRUCTURE GRANTS AND

21 AGREEMENTS.—There is authorized to be appropriated to 

22 carry out section 5 $10,000,000 for each of fiscal years 

23 2010 through 2015. 

Æ 


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