II 

Calendar No. 215 

114TH CONGRESS 

1ST SESSION S. 1305 

[Report No. 114–135] 

To amend the Colorado River Storage Project Act to authorize the use 

of the active capacity of the Fontenelle Reservoir. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2015 

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 

SEPTEMBER 9, 2015 

Reported by Ms. MURKOWSKI, with an amendment and an amendment to the 

title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Colorado River Storage Project Act 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, 


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1 SECTION 1. AMENDMENTS TO THE COLORADO RIVER STOR2 AGE PROJECT ACT. 

3 The Act of April 11, 1956 (commonly known as the 

4 ‘‘Colorado River Storage Project Act’’), is amended— 

5 (1) by redesignating section 17 (43 U.S.C. 

6 620o) as section 18; and 

7 (2) by inserting after section 16 (43 U.S.C. 

8 620n–1) the following: 

9 ‘‘SEC. 17. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY 

10 OF FONTENELLE RESERVOIR AVAILABLE 

11 FOR USE. 

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

13 cooperation with the State of Wyoming, may amend the 

14 Definite Plan Report for the Seedskadee Project author15 ized under the first section to provide for the study, de16 sign, planning, and construction activities that will enable 

17 the use of all active storage capacity (as may be defined 

18 or limited by legal, hydrologic, structural, engineering, 

19 economic, and environmental considerations) of Fontenelle 

20 Dam and Reservoir, including the placement of sufficient 

21 riprap on the upstream face of Fontenelle Dam to allow 

22 the active storage capacity of Fontenelle Reservoir to be 

23 used for those purposes for which the Seedskadee Project 

24 was authorized. 

25 ‘‘(b) COOPERATIVE AGREEMENTS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of the Inte2 rior may enter into any contract, grant, cooperative 

3 agreement, or other agreement that is necessary to 

4 carry out subsection (a). 

5 ‘‘(2) STATE OF WYOMING.— 

6 ‘‘(A) IN GENERAL.—The Secretary of the 

7 Interior shall enter into a cooperative agree8 ment with the State of Wyoming to work in co9 operation and collaboratively with the State of 

10 Wyoming for planning, design, related 

11 preconstruction activities, and construction of 

12 any modification of the Fontenelle Dam under 

13 subsection (a). 

14 ‘‘(B) REQUIREMENTS.—The cooperative 

15 agreement under subparagraph (A) shall, at a 

16 minimum, specify the responsibilities of the 

17 Secretary of the Interior and the State of Wyo18 ming with respect to— 

19 ‘‘(i) completing the planning and final 

20 design of the modification of the 

21 Fontenelle Dam under subsection (a); 

22 ‘‘(ii) any environmental and cultural 

23 resource compliance activities required for 

24 the modification of the Fontenelle Dam 


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1 under subsection (a) including compliance 

2 with— 

3 ‘‘(I) the National Environmental 

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

5 et seq.); 

6 ‘‘(II) the Endangered Species Act 

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

8 ‘‘(III) subdivision 2 of division A 

9 of subtitle III of title 54, United 

10 States Code; and 

11 ‘‘(iii) the construction of the modifica12 tion of the Fontenelle Dam under sub13 section (a). 

14 ‘‘(c) FUNDING BY STATE OF WYOMING.—Pursuant 

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

16 43 U.S.C. 395), and as a condition of providing any addi17 tional storage under subsection (a), the State of Wyoming 

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

19 work carried out under subsection (a). 

20 ‘‘(d) OTHER CONTRACTING AUTHORITY.— 

21 ‘‘(1) IN GENERAL.—The Secretary of the Inte22 rior may enter into contracts with the State of Wyo23 ming, on such terms and conditions as the Secretary 

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


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1 for division of any additional active capacity made 

2 available under subsection (a). 

3 ‘‘(2) TERMS AND CONDITIONS.—Unless other4 wise agreed to by the Secretary of the Interior and 

5 the State of Wyoming, a contract entered into under 

6 paragraph (1) shall be subject to the terms and con7 ditions of Bureau of Reclamation Contract No. 14– 

8 06–400–2474 and Bureau of Reclamation Contract 

9 No. 14–06–400–6193.’’. 

10 SEC. 2. SAVINGS PROVISIONS. 

11 Unless expressly provided in this Act, nothing in this 

12 Act or an amendment made by this Act modifies, conflicts 

13 with, preempts, or otherwise affects— 

14 (1) the Act of December 31, 1928 (43 U.S.C. 

15 617 et seq.) (commonly known as the ‘‘Boulder Can16 yon Project Act’’); 

17 (2) the Colorado River Compact of 1922, as ap18 proved by the Presidential Proclamation of June 25, 

19 1929 (46 Stat. 3000); 

20 (3) the Act of July 19, 1940 (43 U.S.C. 618 

21 et seq.) (commonly known as the ‘‘Boulder Canyon 

22 Project Adjustment Act’’); 

23 (4) the Treaty between the United States of 

24 America and Mexico relating to the utilization of 

25 waters of the Colorado and Tijuana Rivers and of 


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1 the Rio Grande, and supplementary protocol signed 

2 November 14, 1944, signed at Washington February 

3 3, 1944 (59 Stat. 1219); 

4 (5) the Upper Colorado River Basin Compact 

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

6 Stat. 31); 

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

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

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

10 (7) the Colorado River Basin Project Act (Pub11 lic Law 90–537; 82 Stat. 885); or 

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

13 law. 

14 SECTION 1. AUTHORITY TO MAKE ENTIRE ACTIVE CAPAC15 ITY OF FONTENELLE RESERVOIR AVAILABLE 

16 FOR USE. 

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

18 cooperation with the State of Wyoming, may amend the 

19 Definite Plan Report for the Seedskadee Project authorized 

20 under the first section of the Act of April 11, 1956 (com21 monly known as the ‘‘Colorado River Storage Project Act’’) 

22 (43 U.S.C. 620), to provide for the study, design, planning, 

23 and construction activities that will enable the use of all 

24 active storage capacity (as may be defined or limited by 

25 legal, hydrologic, structural, engineering, economic, and enVerDate Sep 11 2014 00:29 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1305.RS S1305

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1 vironmental considerations) of Fontenelle Dam and Res2 ervoir, including the placement of sufficient riprap on the 

3 upstream face of Fontenelle Dam to allow the active storage 

4 capacity of Fontenelle Reservoir to be used for those pur5 poses for which the Seedskadee Project was authorized. 

6 (b) COOPERATIVE AGREEMENTS.— 

7 (1) IN GENERAL.—The Secretary of the Interior 

8 may enter into any contract, grant, cooperative agree9 ment, or other agreement that is necessary to carry 

10 out subsection (a). 

11 (2) STATE OF WYOMING.— 

12 (A) IN GENERAL.—The Secretary of the In13 terior shall enter into a cooperative agreement 

14 with the State of Wyoming to work in coopera15 tion and collaboratively with the State of Wyo16 ming for planning, design, related 

17 preconstruction activities, and construction of 

18 any modification of the Fontenelle Dam under 

19 subsection (a). 

20 (B) REQUIREMENTS.—The cooperative 

21 agreement under subparagraph (A) shall, at a 

22 minimum, specify the responsibilities of the Sec23 retary of the Interior and the State of Wyoming 

24 with respect to— 


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1 (i) completing the planning and final 

2 design of the modification of the Fontenelle 

3 Dam under subsection (a); 

4 (ii) any environmental and cultural 

5 resource compliance activities required for 

6 the modification of the Fontenelle Dam 

7 under subsection (a) including compliance 

8 with— 

9 (I) the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.); 

12 (II) the Endangered Species Act 

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

14 (III) subdivision 2 of division A 

15 of subtitle III of title 54, United States 

16 Code; and 

17 (iii) the construction of the modifica18 tion of the Fontenelle Dam under subsection 

19 (a). 

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

21 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 43 

22 U.S.C. 395), and as a condition of providing any addi23 tional storage under subsection (a), the State of Wyoming 

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

25 work carried out under subsection (a). 


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1 (d) OTHER CONTRACTING AUTHORITY.— 

2 (1) IN GENERAL.—The Secretary of the Interior 

3 may enter into contracts with the State of Wyoming, 

4 on such terms and conditions as the Secretary of the 

5 Interior and the State of Wyoming may agree, for di6 vision of any additional active capacity made avail7 able under subsection (a). 

8 (2) TERMS AND CONDITIONS.—Unless otherwise 

9 agreed to by the Secretary of the Interior and the 

10 State of Wyoming, a contract entered into under 

11 paragraph (1) shall be subject to the terms and condi12 tions of Bureau of Reclamation Contract No. 14–06– 

13 400–2474 and Bureau of Reclamation Contract No. 

14 14–06–400–6193. 

15 SEC. 2. SAVINGS PROVISIONS. 

16 Unless expressly provided in this Act, nothing in this 

17 Act modifies, conflicts with, preempts, or otherwise affects— 

18 (1) the Act of December 31, 1928 (43 U.S.C. 617 

19 et seq.) (commonly known as the ‘‘Boulder Canyon 

20 Project Act’’); 

21 (2) the Colorado River Compact of 1922, as ap22 proved by the Presidential Proclamation of June 25, 

23 1929 (46 Stat. 3000); 


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1 (3) the Act of July 19, 1940 (43 U.S.C. 618 et 

2 seq.) (commonly known as the ‘‘Boulder Canyon 

3 Project Adjustment Act’’); 

4 (4) the Treaty between the United States of 

5 America and Mexico relating to the utilization of 

6 waters of the Colorado and Tijuana Rivers and of the 

7 Rio Grande, and supplementary protocol signed No8 vember 14, 1944, signed at Washington February 3, 

9 1944 (59 Stat. 1219); 

10 (5) the Upper Colorado River Basin Compact as 

11 consented to by the Act of April 6, 1949 (63 Stat. 31); 

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

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

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

15 (7) the Colorado River Basin Project Act (Public 

16 Law 90–537; 82 Stat. 885); or 

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

18 law. 

Amend the title so as to read: ‘‘A bill to authorize 

the Secretary of the Interior to amend the Definite Plan 

Report for the Seedskadee Project to enable the use of 

the active capacity of the Fontenelle Reservoir.’’. 


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Calendar No. 215 

114TH CONGRESS 

1ST SESSION S. 1305 

[Report No. 114–135] 

A BILL 

To amend the Colorado River Storage Project Act 

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

SEPTEMBER 9, 2015 

Reported with an amendment and an amendment to the 

title 


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