II 

111TH CONGRESS 

1ST SESSION S. 1601 

To provide for the release of water from the marketable yield pool of water 

stored in the Ruedi Reservoir for the benefit of endangered fish habitat 

in the Colorado River, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2009 

Mr. UDALL of Colorado introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the release of water from the marketable 

yield pool of water stored in the Ruedi Reservoir for 

the benefit of endangered fish habitat in the Colorado 

River, 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. ENDANGERED FISH RECOVERY IMPLEMENTA4 TION PROGRAMS. 

5 (a) DEFINITIONS.—Section 2 of Public Law 106–392 

6 (114 Stat. 1602) is amended by adding at the end the 

7 following: 


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1 ‘‘(11) MARKETABLE YIELD POOL.—The term 

2 ‘marketable yield pool’ means the portion of the reg3 ulatory capacity that, as of the date of enactment of 

4 this paragraph, is dedicated to marketing purposes. 

5 ‘‘(12) REGULATORY CAPACITY.—The term ‘reg6 ulatory capacity’ has the meaning given the term in 

7 the publication entitled ‘Operating Principles, 

8 Fryingpan-Arkansas Project, Adopted by the State 

9 of Colorado, April 30, 1959 (as amended December 

10 30, 1959, and December 9, 1960)’, as printed as 

11 House Document No. 130 in accordance with House 

12 Resolution 91, 87th Congress, agreed to March 15, 

13 1961. 

14 ‘‘(13) RUEDI RESERVOIR.—The term ‘Ruedi 

15 Reservoir’ means the component of the Fryingpan16 Arkansas Project of the Bureau of Land Manage17 ment that is located— 

18 ‘‘(A) on the Fryingpan River; and 

19 ‘‘(B) in western Colorado.’’. 

20 (b) AUTHORIZATION TO FUND RECOVERY PRO21 GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 

22 1603) is amended— 

23 (1) by redesignating subsections (e) through (h) 

24 as subsections (f) through (i), respectively; and 


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1 (2) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) ALLOCATION OF RUEDI RESERVOIR MARKET4 ABLE YIELD POOL.— 

5 ‘‘(1) RELEASE OF WATER.—For fiscal year 

6 2013, and each fiscal year thereafter, at the request 

7 of the Director of the United States Fish and Wild8 life Service (referred to in this subsection as the ‘Di9 rector’), 5,412.5 acre-feet of water shall be released 

10 from the marketable yield pool of water stored in the 

11 Ruedi Reservoir for the benefit of endangered fish 

12 habitat in the Colorado River. 

13 ‘‘(2) TIMING OF RELEASE.—To the maximum 

14 extent practicable, and unless otherwise requested by 

15 the Director, the release of water under paragraph 

16 (1) shall occur during the late summer months to 

17 enhance low water flows in areas that comprise the 

18 endangered fish habitat in the Colorado River. 

19 ‘‘(3) NO REQUIREMENT FOR CONTRACT OR

20 OTHER AGREEMENT.—The release of water under 

21 paragraph (1) may be carried out without the for22 mation or execution of any contract or other agree23 ment. 

24 ‘‘(4) REIMBURSEMENT.—The capital, oper25 ational, maintenance, and replacement costs that 


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1 arise from the release of water under paragraph (1) 

2 shall not be reimbursable. 

3 ‘‘(5) EFFECT.—The release of water under 

4 paragraph (1) shall satisfy 50 percent of the obliga5 tion of certain water users to provide 10,825 acre6 feet of water, as described in the document— 

7 ‘‘(A) entitled ‘Final Programmatic Biologi8 cal Opinion for Bureau of Reclamation’s Oper9 ations and Depletions, Other Depletions, and 

10 Funding and Implementation of Recovery Pro11 gram Actions in the Upper Colorado River 

12 above the Confluence with the Gunnison River’; 

13 and 

14 ‘‘(B) published by the Director on Decem15 ber 20, 1999. 

16 ‘‘(6) EFFECTIVE DATE.—This subsection shall 

17 take effect on the date on which the Secretary com18 plies with the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.) regarding the release 

20 of water under paragraph (1).’’. 

Æ 


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