I 

111TH CONGRESS 

2D SESSION H. R. 5362 

To provide for the release of water from the marketable yield pool of water 

stored in the Ruedi Reservoir for the benefit of endangered fish habitat 

in the Colorado River, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2010 

Mr. SALAZAR introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the release of water from the marketable 

yield pool of water stored in the Ruedi Reservoir for 

the benefit of endangered fish habitat in the Colorado 

River, 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 SECTION 1. ENDANGERED FISH RECOVERY IMPLEMENTA4 TION PROGRAMS. 

5 (a) DEFINITIONS.—Section 2 of Public Law 106–392 

6 (114 Stat. 1602) is amended by adding at the end the 

7 following: 


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1 ‘‘(11) MARKETABLE YIELD POOL.—The term 

2 ‘marketable yield pool’ means the portion of the reg3 ulatory capacity that, as of the date of enactment of 

4 this paragraph, is dedicated to marketing purposes. 

5 ‘‘(12) REGULATORY CAPACITY.—The term ‘reg6 ulatory capacity’ has the meaning given the term in 

7 the publication entitled ‘Operating Principles, 

8 Fryingpan-Arkansas Project, Adopted by the State 

9 of Colorado, April 30, 1959 (as amended December 

10 30, 1959, and December 9, 1960)’, as printed as 

11 House Document No. 130 in accordance with House 

12 Resolution 91, 87th Congress, agreed to March 15, 

13 1961. 

14 ‘‘(13) RUEDI RESERVOIR.—The term ‘Ruedi 

15 Reservoir’ means the component of the Fryingpan16 Arkansas Project of the Bureau of Reclamation that 

17 is located— 

18 ‘‘(A) on the Fryingpan River; and 

19 ‘‘(B) in western Colorado.’’. 

20 (b) AUTHORIZATION TO FUND RECOVERY PRO21 GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 

22 1603) is amended— 

23 (1) by redesignating subsections (e) through (h) 

24 as subsections (f) through (i), respectively; and 


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1 (2) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) ALLOCATION OF RUEDI RESERVOIR MARKET4 ABLE YIELD POOL.— 

5 ‘‘(1) RELEASE OF WATER.—For 2013, and 

6 each and every year thereafter, at the request of the 

7 Director of the United States Fish and Wildlife 

8 Service (referred to in this subsection as the ‘Direc9 tor’), 5,412.5 acre-feet of water shall be released 

10 from the marketable yield pool of water stored in the 

11 Ruedi Reservoir for the benefit of endangered fish 

12 habitat in the Colorado River. 

13 ‘‘(2) TIMING OF RELEASE.—Unless otherwise 

14 requested by the Director, the release of water under 

15 paragraph (1) shall occur during the late summer 

16 months to enhance low waterflows in areas that 

17 comprise the endangered fish habitat in the Colo18 rado River. 

19 ‘‘(3) NO REQUIREMENT FOR CONTRACT OR

20 OTHER AGREEMENT.—The release of water under 

21 paragraph (1) may be carried out without the for22 mation or execution of any contract or other agree23 ment. 

24 ‘‘(4) REIMBURSEMENT.—The capital, oper25 ational, maintenance, and replacement costs that 


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1 arise from the release of water under paragraph (1) 

2 shall not be reimbursable. 

3 ‘‘(5) EFFECT.—The release of water under 

4 paragraph (1) shall satisfy 50 percent of the com5 mitment by water users to provide 10,825 acre-feet 

6 of water per year as described in Appendix C of the 

7 document entitled ‘Final Programmatic Biological 

8 Opinion for Bureau of Reclamation’s Operations and 

9 Depletions, Other Depletions, and Funding and Im10 plementation of Recovery Program Actions in the 

11 Upper Colorado River above the Confluence with the 

12 Gunnison River’ published by the Director on De13 cember 20, 1999. 

14 ‘‘(6) EFFECTIVE DATE.—This subsection shall 

15 take effect when— 

16 ‘‘(A) the Secretary issues a Finding of No 

17 Significant Impact or a Record of Decision 

18 under the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.) regarding the re20 lease of water under paragraph (1); and 

21 ‘‘(B) an additional 5,412.5 acre-feet of 

22 water has been made available by means accept23 able to water users to satisfy their remaining 


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1 obligations as referenced in the document de2 scribed in paragraph (5).’’. 

Æ 


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