II 

114TH CONGRESS 

1ST SESSION S. 1305 

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 introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

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, 

3 SECTION 1. AMENDMENTS TO THE COLORADO RIVER STOR4 AGE PROJECT ACT. 

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

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

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

8 620o) as section 18; and 

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

10 620n–1) the following: 


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

2 OF FONTENELLE RESERVOIR AVAILABLE 

3 FOR USE. 

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

5 cooperation with the State of Wyoming, may amend the 

6 Definite Plan Report for the Seedskadee Project author7 ized under the first section to provide for the study, de8 sign, planning, and construction activities that will enable 

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

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

11 economic, and environmental considerations) of Fontenelle 

12 Dam and Reservoir, including the placement of sufficient 

13 riprap on the upstream face of Fontenelle Dam to allow 

14 the active storage capacity of Fontenelle Reservoir to be 

15 used for those purposes for which the Seedskadee Project 

16 was authorized. 

17 ‘‘(b) COOPERATIVE AGREEMENTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary of the Inte19 rior may enter into any contract, grant, cooperative 

20 agreement, or other agreement that is necessary to 

21 carry out subsection (a). 

22 ‘‘(2) STATE OF WYOMING.— 

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

24 Interior shall enter into a cooperative agree25 ment with the State of Wyoming to work in co26 operation and collaboratively with the State of 


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1 Wyoming for planning, design, related 

2 preconstruction activities, and construction of 

3 any modification of the Fontenelle Dam under 

4 subsection (a). 

5 ‘‘(B) REQUIREMENTS.—The cooperative 

6 agreement under subparagraph (A) shall, at a 

7 minimum, specify the responsibilities of the 

8 Secretary of the Interior and the State of Wyo9 ming with respect to— 

10 ‘‘(i) completing the planning and final 

11 design of the modification of the 

12 Fontenelle Dam under subsection (a); 

13 ‘‘(ii) any environmental and cultural 

14 resource compliance activities required for 

15 the modification of the Fontenelle Dam 

16 under subsection (a) including compliance 

17 with— 

18 ‘‘(I) the National Environmental 

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

20 et seq.); 

21 ‘‘(II) the Endangered Species Act 

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

23 ‘‘(III) subdivision 2 of division A 

24 of subtitle III of title 54, United 

25 States Code; and 


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1 ‘‘(iii) the construction of the modifica2 tion of the Fontenelle Dam under sub3 section (a). 

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

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

6 43 U.S.C. 395), and as a condition of providing any addi7 tional storage under subsection (a), the State of Wyoming 

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

9 work carried out under subsection (a). 

10 ‘‘(d) OTHER CONTRACTING AUTHORITY.— 

11 ‘‘(1) IN GENERAL.—The Secretary of the Inte12 rior may enter into contracts with the State of Wyo13 ming, on such terms and conditions as the Secretary 

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

15 for division of any additional active capacity made 

16 available under subsection (a). 

17 ‘‘(2) TERMS AND CONDITIONS.—Unless other18 wise agreed to by the Secretary of the Interior and 

19 the State of Wyoming, a contract entered into under 

20 paragraph (1) shall be subject to the terms and con21 ditions of Bureau of Reclamation Contract No. 14– 

22 06–400–2474 and Bureau of Reclamation Contract 

23 No. 14–06–400–6193.’’. 


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1 SEC. 2. SAVINGS PROVISIONS. 

2 Unless expressly provided in this Act, nothing in this 

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

4 with, preempts, or otherwise affects— 

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

6 617 et seq.) (commonly known as the ‘‘Boulder Can7 yon Project Act’’); 

8 (2) the Colorado River Compact of 1922, as ap9 proved by the Presidential Proclamation of June 25, 

10 1929 (46 Stat. 3000); 

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

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

13 Project Adjustment Act’’); 

14 (4) the Treaty between the United States of 

15 America and Mexico relating to the utilization of 

16 waters of the Colorado and Tijuana Rivers and of 

17 the Rio Grande, and supplementary protocol signed 

18 November 14, 1944, signed at Washington February 

19 3, 1944 (59 Stat. 1219); 

20 (5) the Upper Colorado River Basin Compact 

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

22 Stat. 31); 

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

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

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


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1 (7) the Colorado River Basin Project Act (Pub2 lic Law 90–537; 82 Stat. 885); or 

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

4 law. 

Æ 


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