II 

111TH CONGRESS 

2D SESSION S. 3387 

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 SENATE OF THE UNITED STATES 

MAY 19, 2010 

Mr. UDALL of Colorado introduced the following bill; which was read twice 

and referred to the Committee on Energy and 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: 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 3387 IS

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 


jbell on DSKDVH8Z91PROD with BILLS
3 

•S 3387 IS

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 calendar year 

6 2013, and each calendar year thereafter, at the re7 quest of the Director of the United States Fish and 

8 Wildlife Service (referred to in this subsection as the 

9 ‘Director’), 5,412.5 acre-feet of water shall be re10 leased from the marketable yield pool of water 

11 stored in the Ruedi Reservoir for the benefit of en12 dangered fish 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 water flows 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 


jbell on DSKDVH8Z91PROD with BILLS
4 

•S 3387 IS

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 calendar year, as described in Appendix 

7 C of the document— 

8 ‘‘(A) entitled ‘Final Programmatic Biologi9 cal Opinion for Bureau of Reclamation’s Oper10 ations and Depletions, Other Depletions, and 

11 Funding and Implementation of Recovery Pro12 gram Actions in the Upper Colorado River 

13 above the Confluence with the Gunnison River’; 

14 and 

15 ‘‘(B) published by the Director on Decem16 ber 20, 1999. 

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

18 take effect on the later of the date on which— 

19 ‘‘(A) the Secretary issues a finding of no 

20 significant impact, or a record of decision, 

21 under the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.) regarding the re23 lease of water under paragraph (1); and 

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

25 water has been made available by means acceptVerDate Mar 15 2010 02:34 May 20, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3387.IS S3387

jbell on DSKDVH8Z91PROD with BILLS
5 

•S 3387 IS

1 able to water users to satisfy the remaining ob2 ligations of the water users, as referenced in 

3 the document described in paragraph (5).’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS