II

106TH CONGRESS

2D SESSION S. 2594

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

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.

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.—
2

•S 2594 IS

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

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

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

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

5 may be provided in excess of the requirements of the

6 land to be irrigated under the Mancos Project, Colo7 rado (referred to in this Act as the ‘‘project’’), the

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

9 Secretary determines to be just and equitable, con10 tract with the Mancos Water Conservancy District

11 and any of its member unit contractors for impound12 ing, storage, diverting, or carriage of nonproject

13 water for irrigation, domestic, municipal, industrial,

14 and any other beneficial purposes, to an extent not

15 exceeding the excess capacity.

16 (2) INTERFERENCE.—A contract under para17 graph (1) shall not impair or otherwise interfere

18 with any authorized purpose of the project.

19 (3) COST CONSIDERATIONS.—In fixing the

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

21 Secretary shall take into consideration—

22 (A) the cost of construction and mainte23 nance of the project, by which the nonproject

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

25 carried; and
3

•S 2594 IS

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

2 carried.

3 (4) NO ADDITIONAL CHARGES.—The Mancos

4 Water Conservancy District shall not impose a

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

6 nonproject water in excess of the charge paid to the

7 United States, except to such extent as may be rea8 sonably necessary to cover—

9 (A) a proportionate share of the project

10 cost; and

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

12 nonproject water through the facilities of the

13 Mancos Water Conservancy District.

14 (b) WATER RIGHTS OF UNITED STATES NOT EN15 LARGED.—Nothing in this Act enlarges or attempts to en16 large the right of the United States, under existing law,

17 to control any water in any State.

18 (c) FUNDS RECEIVED AVAILABLE FOR OPERATION

19 AND MAINTENANCE.—

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

21 United States under a contract under subsection (a)

22 shall be available for expenditure for operation and

23 maintenance of the project without further Act of

24 appropriation.
4

•S 2594 IS

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

2 by the United States under a contract under sub3 section (a) that is in excess of the amount of funds

4 needed for operation and maintenance of the project

5 shall be applied against the repayment contract of

6 the project.

Æ