II

103D CONGRESS

2D SESSION S. 2124

To provide for private development of power at the Mancos Project, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day, MAY 16), 1994

Mr. CAMPBELL (for himself and Mr. BROWN) introduced the following bill;

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

Natural Resources

A BILL

To provide for private development of power at the Mancos

Project, 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 SHORT TITLE

4 SECTION 1. This bill may be cited as the ‘‘Mancos

5 Project Private Power Development Authorization Act of

6 1994’’.

7 FINDINGS

8 SEC. 2. Congress finds that (a) Development of hy9 droelectric power at the Mancos Project consistent with

10 the Feasibility Report and Engineering and Construction
2

S 2124 IS

1 Report for the Jackson Gulch Reservoir Hydroelectric

2 Project dated April 19, 1991, and revised on May 13,

3 1992, and February 10, 1993, by the Mancos Water Con4 servancy District—

5 (1) will be without cost to the United States;

6 (2) will not impair the efficiency of the project

7 for irrigation purposes;

8 (3) will not alter the volume, timing, or tem9 peratures of flows from the reservoir; and

10 (4) is not likely to cause any new or increased

11 adverse impacts to any federally listed or candidate

12 species.

13 (b) That the Mancos Water Conservancy District is

14 currently operating and maintaining facilities at the

15 Mancos Project and that the development of hydroelectric

16 power at the Mancos Project consistent with the Feasibil17 ity Report and Engineering and Construction Report for

18 the Jackson Gulch Reservoir Hydroelectric Project dated

19 April 19, 1991, revised on May 13, 1992, and February

20 10, 1993, by the Mancos Water Conservancy District will

21 not increase operation and maintenance costs of the Fed22 eral Government.

23 (c) That any lease of power privileges issued by the

24 Secretary pursuant to this Act does not constitute a ‘‘con25 tract’’ under section 202(1) of Public Law 97–293 (96
3

S 2124 IS

1 Stat. 1261; 43 U.S.C. 390bb) and that nothing in this

2 Act is intended to make applicable any section of Public

3 Law 97–293 (96 Stat. 1261; 43 U.S.C. 390aa et seq.)

4 that would not previously apply.

5 AUTHORIZATION TO LEASE POWER PRIVILEGES

6 SEC. 3. Notwithstanding the provisions of the Water

7 Conservation and Utilization Act (16 U.S.C. 590y–590z–

8 11) or any relevant provision of the repayment contract

9 Ilr–384, dated July 20, 1942, as amended December 22,

10 1947, the Secretary is authorized to enter into a lease of

11 power privileges at the Mancos Project, Colorado, with the

12 Mancos Water Conservancy District.

13 LEASE CONDITIONS

14 SEC. 4. Any such lease of power privileges issued pur15 suant to section 3 of this Act shall not exceed a period

16 of forty years and shall be consistent with rates charged

17 by the Federal Energy Regulatory Commission for com18 parable sized projects. Moneys derived from such lease

19 shall be covered into the reclamation fund in accordance

20 with relevant parts of Federal reclamation law, the Act

21 of June 17, 1902, and Acts supplementary thereto and

22 amendatory thereof (43 U.S.C. 371).

23 REVENUES DERIVED FROM POWER DEVELOPMENT

24 SEC. 5. Notwithstanding the provisions of the Water

25 Conservation and Utilization Act (16 U.S.C. 590y–590z–

26 11) or any relevant provision of the repayment contract
4

S 2124 IS

1 Ilr–384, dated July 20, 1942, as amended December 22,

2 1947, the Mancos Water Conservancy District may receive

3 revenues from the sale of the power generated pursuant

4 to such lease of power privilege.

Æ