II

Calendar No. 849

106TH CONGRESS

2D SESSION S. 2594

[Report No. 106–427]

To authorize the Secretary of the Interior to contract with the Mancos

Water Conservancy District to use the Mancos Project facilities for

impounding, storage, diverting, and carriage of nonproject water for

the purpose of irrigation, domestic, municipal, industrial, and any other

beneficial purposes.

IN THE SENATE OF THE UNITED STATES

MAY 18, 2000

Mr. ALLARD introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize the Secretary of the Interior to contract with

the Mancos Water Conservancy District to use the

Mancos Project facilities for impounding, storage, diverting, and carriage of nonproject water for the purpose

of irrigation, domestic, municipal, industrial, and any

other beneficial purposes.
2

S 2594 RS

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

3 SECTION 1. CARRIAGE OF NONPROJECT WATER BY THE

4 MANCOS PROJECT, COLORADO.

5 (a) SALE OF EXCESS WATER.—

6 (1) IN GENERAL.—In carrying out the Act of

7 August 11, 1939 (commonly known as the ‘‘Water

8 Conservation and Utilization Act’’) (16 U.S.C. 590y

9 et seq.), if storage or carrying capacity has been or

10 may be provided in excess of the requirements of the

11 land to be irrigated under the Mancos Project, Colo12 rado (referred to in this Act as the ‘‘project’’), the

13 Secretary of the Interior may, on such terms as the

14 Secretary determines to be just and equitable, con15 tract with the Mancos Water Conservancy District

16 and any of its member unit contractors for impound17 ing, storage, diverting, or carriage of nonproject

18 water for irrigation, domestic, municipal, industrial,

19 and any other beneficial purposes, to an extent not

20 exceeding the excess capacity.

21 (2) INTERFERENCE.—A contract under para22 graph (1) shall not impair or otherwise interfere

23 with any authorized purpose of the project.
3

S 2594 RS

1 (3) COST CONSIDERATIONS.—In fixing the

2 charges under a contract under paragraph (1), the

3 Secretary shall take into consideration—

4 (A) the cost of construction and mainte5 nance of the project, by which the nonproject

6 water is to be diverted, impounded, stored, or

7 carried; and

8 (B) the canal by which the water is to be

9 carried.

10 (4) NO ADDITIONAL CHARGES.—The Mancos

11 Water Conservancy District shall not impose a

12 charge for the storage, carriage, or delivery of the

13 nonproject water in excess of the charge paid to the

14 United States, except to such extent as may be rea15 sonably necessary to cover—

16 (A) a proportionate share of the project

17 cost; and

18 (B) the cost of carriage and delivery of the

19 nonproject water through the facilities of the

20 Mancos Water Conservancy District.

21 (b) WATER RIGHTS OF UNITED STATES NOT EN22 LARGED.—Nothing in this Act enlarges or attempts to en23 large the right of the United States, under existing law,

24 to control any water in any State.
4

S 2594 RS

1 (c) FUNDS RECEIVED AVAILABLE FOR OPERATION

2 AND MAINTENANCE.—

3 (1) IN GENERAL.—Any funds received by the

4 United States under a contract under subsection (a)

5 shall be available for expenditure for operation and

6 maintenance of the project without further Act of

7 appropriation.

8 (2) REVENUE.—Any amount of funds received

9 by the United States under a contract under sub10 section (a) that is in excess of the amount of funds

11 needed for operation and maintenance of the project

12 shall be applied against the repayment contract of

13 the project.

Calendar No. 849

106TH CONGRESS

2D SESSION S. 2594

[Report No. 106–427]

A BILL

To authorize the Secretary of the Interior to contract with the Mancos Water Conservancy District to use the Mancos Project facilities for impounding, storage, diverting, and carriage of nonproject water for the purpose of irrigation, domestic, municipal, industrial, and any other beneficial purposes.

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment