II 

111TH CONGRESS 

1ST SESSION S. 187 

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

of Colorado. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2009 

Mr. UDALL of Colorado (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 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 2009’’. 

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, 


rwilkins on PROD1PC63 with BILLS
2 

•S 187 IS

1 payment in an amount equal to 35 percent of the cost 

2 of the conduit that is comprised of revenue generated by 

3 payments pursuant to a repayment contract and revenue 

4 that may be derived from contracts for the use of 

5 Fryingpan-Arkansas project excess capacity or exchange 

6 contracts using Fryingpan-Arkansas project facilities,’’. 

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

8 Stat. 390) is amended— 

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

10 following: 

11 ‘‘(b) RATES.— 

12 ‘‘(1) IN GENERAL.—Rates’’; and 

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

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

15 VALLEY PIPELINE, AND SOUTH OUTLET WORKS AT

16 PUEBLO DAM AND RESERVOIR.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding the 

18 reclamation laws, until the date on which the 

19 payments for the Arkansas Valley Conduit 

20 under paragraph (3) begin, any revenue that 

21 may be derived from contracts for the use of 

22 Fryingpan-Arkansas project excess capacity or 

23 exchange contracts using Fryingpan-Arkansas 

24 project facilities shall be credited towards pay25 ment of the actual cost of Ruedi Dam and ResVerDate Nov 24 2008 21:54 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S187.IS S187

rwilkins on PROD1PC63 with BILLS
3 

•S 187 IS

1 ervoir, the Fountain Valley Pipeline, and the 

2 South Outlet Works at Pueblo Dam and Res3 ervoir plus interest in an amount determined in 

4 accordance with this section. 

5 ‘‘(B) EFFECT.—Nothing in the Federal 

6 reclamation law (the Act of June 17, 1902 (32 

7 Stat. 388, chapter 1093), and Acts supple8 mental to and amendatory of that Act (43 

9 U.S.C. 371 et seq.)) prohibits the concurrent 

10 crediting of revenue (with interest as provided 

11 under this section) towards payment of the Ar12 kansas Valley Conduit as provided under this 

13 paragraph. 

14 ‘‘(3) ARKANSAS VALLEY CONDUIT.— 

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

16 the reclamation laws, any revenue derived from 

17 contracts for the use of Fryingpan-Arkansas 

18 project excess capacity or exchange contracts 

19 using Fryingpan-Arkansas project facilities 

20 shall be credited towards payment of the actual 

21 cost of the Arkansas Valley Conduit plus inter22 est in an amount determined in accordance with 

23 this section. 

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

25 charged under this section for water for municVerDate Nov 24 2008 21:54 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S187.IS S187

rwilkins on PROD1PC63 with BILLS
4 

•S 187 IS

1 ipal, domestic, or industrial use or for the use 

2 of facilities for the storage or delivery of water 

3 shall be adjusted to reflect the estimated rev4 enue derived from contracts for the use of 

5 Fryingpan-Arkansas project excess capacity or 

6 exchange contracts using Fryingpan-Arkansas 

7 project facilities.’’. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 7 of Public Law 87–590 (76 Stat. 393) is amended— 

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

11 inserting the following: 

12 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘(a) IN GENERAL.—There is’’; and 

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

15 ‘‘(b) ARKANSAS VALLEY CONDUIT.— 

16 ‘‘(1) IN GENERAL.—Subject to annual appro17 priations and paragraph (2), there are authorized to 

18 be appropriated such sums as are necessary for the 

19 construction of the Arkansas Valley Conduit. 

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

21 under paragraph (1) shall not be used for the oper22 ation or maintenance of the Arkansas Valley Con23 duit.’’. 

Æ 


rwilkins on PROD1PC63 with BILLS