II 

115TH CONGRESS 

1ST SESSION S. 199 

To authorize the use of the active capacity of the Fontenelle Reservoir. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2017 

Mr. BARRASSO (for himself and Mr. ENZI) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To authorize the use of the active capacity of the Fontenelle 

Reservoir. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORITY TO MAKE ENTIRE ACTIVE CAPAC4 ITY OF FONTENELLE RESERVOIR AVAILABLE 

5 FOR USE. 

6 (a) IN GENERAL.—The Secretary of the Interior, in 

7 cooperation with the State of Wyoming, may amend the 

8 Definite Plan Report for the Seedskadee Project author9 ized under the first section of the Act of April 11, 1956 

10 (commonly known as the ‘‘Colorado River Storage Project 


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1 Act’’) (43 U.S.C. 620), to provide for the study, design, 

2 planning, and construction activities that will enable the 

3 use of all active storage capacity (as may be defined or 

4 limited by legal, hydrologic, structural, engineering, eco5 nomic, and environmental considerations) of Fontenelle 

6 Dam and Reservoir, including the placement of sufficient 

7 riprap on the upstream face of Fontenelle Dam to allow 

8 the active storage capacity of Fontenelle Reservoir to be 

9 used for those purposes for which the Seedskadee Project 

10 was authorized. 

11 (b) COOPERATIVE AGREEMENTS.— 

12 (1) IN GENERAL.—The Secretary of the Inte13 rior may enter into any contract, grant, cooperative 

14 agreement, or other agreement that is necessary to 

15 carry out subsection (a). 

16 (2) STATE OF WYOMING.— 

17 (A) IN GENERAL.—The Secretary of the 

18 Interior shall enter into a cooperative agree19 ment with the State of Wyoming to work in co20 operation and collaboratively with the State of 

21 Wyoming for planning, design, related 

22 preconstruction activities, and construction of 

23 any modification of the Fontenelle Dam under 

24 subsection (a). 


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1 (B) REQUIREMENTS.—The cooperative 

2 agreement under subparagraph (A) shall, at a 

3 minimum, specify the responsibilities of the 

4 Secretary of the Interior and the State of Wyo5 ming with respect to— 

6 (i) completing the planning and final 

7 design of the modification of the 

8 Fontenelle Dam under subsection (a); 

9 (ii) any environmental and cultural re10 source compliance activities required for 

11 the modification of the Fontenelle Dam 

12 under subsection (a) including compliance 

13 with— 

14 (I) the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 

16 et seq.); 

17 (II) the Endangered Species Act 

18 of 1973 (16 U.S.C. 1531 et seq.); and 

19 (III) subdivision 2 of division A 

20 of subtitle III of title 54, United 

21 States Code; and 

22 (iii) the construction of the modifica23 tion of the Fontenelle Dam under sub24 section (a). 


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1 (c) FUNDING BY STATE OF WYOMING.—Pursuant to 

2 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 

3 43 U.S.C. 395), and as a condition of providing any addi4 tional storage under subsection (a), the State of Wyoming 

5 shall provide to the Secretary of the Interior funds for any 

6 work carried out under subsection (a). 

7 (d) OTHER CONTRACTING AUTHORITY.— 

8 (1) IN GENERAL.—The Secretary of the Inte9 rior may enter into contracts with the State of Wyo10 ming, on such terms and conditions as the Secretary 

11 of the Interior and the State of Wyoming may agree, 

12 for division of any additional active capacity made 

13 available under subsection (a). 

14 (2) TERMS AND CONDITIONS.—Unless other15 wise agreed to by the Secretary of the Interior and 

16 the State of Wyoming, a contract entered into under 

17 paragraph (1) shall be subject to the terms and con18 ditions of Bureau of Reclamation Contract No. 14– 

19 06–400–2474 and Bureau of Reclamation Contract 

20 No. 14–06–400–6193. 

21 SEC. 2. SAVINGS PROVISIONS. 

22 Unless expressly provided in this Act, nothing in this 

23 Act modifies, conflicts with, preempts, or otherwise af24 fects— 


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1 (1) the Boulder Canyon Project Act (43 U.S.C. 

2 617 et seq.); 

3 (2) the Colorado River Compact of 1922, as ap4 proved by the Presidential Proclamation of June 25, 

5 1929 (46 Stat. 3000); 

6 (3) the Boulder Canyon Project Adjustment Act 

7 (43 U.S.C. 618 et seq.); 

8 (4) the Treaty between the United States of 

9 America and Mexico relating to the utilization of 

10 waters of the Colorado and Tijuana Rivers and of 

11 the Rio Grande, and supplementary protocol signed 

12 November 14, 1944, signed at Washington February 

13 3, 1944 (59 Stat. 1219); 

14 (5) the Upper Colorado River Basin Compact 

15 as consented to by the Act of April 6, 1949 (63 

16 Stat. 31); 

17 (6) the Act of April 11, 1956 (commonly known 

18 as the ‘‘Colorado River Storage Project Act’’) (43 

19 U.S.C. 620 et seq.); 

20 (7) the Colorado River Basin Project Act (Pub21 lic Law 90–537; 82 Stat. 885); or 

22 (8) any State of Wyoming or other State water 

23 law. 

Æ 


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