I 

111TH CONGRESS 

1ST SESSION H. R. 3061 

To require the Secretary of the Interior to assess the irrigation infrastructure 

of the Pine River Indian Irrigation Project in the State of Colorado 

and provide grants to, and enter into cooperative agreements with, the 

Southern Ute Indian Tribe to assess, repair, rehabilitate, or reconstruct 

existing infrastructure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2009 

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

Committee on Natural Resources 

A BILL 

To require the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation 

Project in the State of Colorado and provide grants 

to, and enter into cooperative agreements with, the 

Southern Ute Indian Tribe to assess, repair, rehabilitate, 

or reconstruct existing infrastructure, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pine River Indian Irri5 gation Project Act of 2009’’. 


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1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) drought, population increases, and environ4 mental needs are exacerbating water supply issues 

5 across the western United States, including on the 

6 Southern Ute Indian Reservation in southwestern 

7 Colorado; 

8 (2)(A) a report of the Government Account9 ability Office dated 2006 identified significant issues 

10 with the Pine River Indian Irrigation Project, in11 cluding the issue that, at the time of the study, the 

12 Bureau of Indian Affairs estimated that total de13 ferred maintenance costs for the Project exceeded 

14 $20,000,000; and 

15 (B) other estimates have placed those costs at 

16 more than $60,000,000; 

17 (3) the report of the Government Accountability 

18 Office demonstrates that key facilities of the Project 

19 are severely deteriorated; 

20 (4) operations and maintenance fees are not 

21 sufficient to address the condition of the Project, 

22 even though the Bureau of Indian Affairs has 

23 sought to double those fees, from $8.50 to $17, in 

24 recent years; 

25 (5) the report of the Government Accountability 

26 Office also notes that a prior study done by the BuVerDate Nov 24 2008 23:46 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3061.IH H3061

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1 reau of Reclamation determined that water users 

2 could not afford to pay operations and maintenance 

3 fees of $8.50 and operate a profitable farming oper4 ation; 

5 (6) the benefits of rehabilitating and repairing 

6 the irrigation infrastructure of the Project include— 

7 (A) water conservation; 

8 (B) extending available water supply; 

9 (C) increased agricultural production; 

10 (D) economic benefits; 

11 (E) safer facilities; and 

12 (F) the preservation of the culture of the 

13 Southern Ute Indian Tribe; 

14 (7) while, as of the date of enactment of this 

15 Act, the Project is managed by the Bureau of Indian 

16 Affairs, the Southern Ute Indian Tribe also receives 

17 water from facilities owned or operated by the Bu18 reau of Reclamation; and 

19 (8) rehabilitation and repair of the infrastruc20 ture of the Project by the Bureau of Reclamation 

21 would improve— 

22 (A) overall water management; and 

23 (B) the ability of the Southern Ute Indian 

24 Tribe and the Bureau of Reclamation to ad25 dress potential water conflicts. 


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1 (b) PURPOSE.—The purpose of this Act is to require 

2 the Secretary of the Interior— 

3 (1) to assess the condition of infrastructure of 

4 the Pine River Indian Irrigation Project; 

5 (2) to establish priorities for the rehabilitation 

6 of irrigation infrastructure within the Project ac7 cording to specified criteria; and 

8 (3) to implement rehabilitation activities for the 

9 irrigation infrastructure of the Project. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) PROJECT.—The term ‘‘Project’’ means the 

13 Pine River Indian Irrigation Project. 

14 (2) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (3) STATE.—The term ‘‘State’’ means the State 

17 of Colorado. 

18 (4) TRIBAL COUNCIL.—The term ‘‘Tribal Coun19 cil’’ means the Southern Ute Indian Tribal Council. 

20 (5) TRIBE.—The term ‘‘Tribe’’ means the 

21 Southern Ute Indian Tribe. 

22 SEC. 4. STUDY OF IRRIGATION INFRASTRUCTURE OF 

23 PROJECT. 

24 (a) STUDY.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary, in 

3 consultation with the Tribe, shall— 

4 (A) conduct a study of the irrigation infra5 structure of the Project; and 

6 (B) based on the results of the study, de7 velop a list of activities (including a cost esti8 mate for each activity) that are recommended 

9 to be implemented during the 10-year period 

10 beginning on the date of completion of the 

11 study to repair, rehabilitate, or reconstruct that 

12 irrigation infrastructure. 

13 (2) FACTORS FOR CONSIDERATION.— 

14 (A) IN GENERAL.—In developing the list 

15 under paragraph (1)(B), the Secretary shall 

16 give priority to activities based on— 

17 (i) a review of the priority factors de18 scribed in subparagraph (B) with respect 

19 to the activity; 

20 (ii) recommendations of the Tribe, if 

21 any; and 

22 (iii) a consideration of the projected 

23 benefits of each activity on completion of 

24 the Project. 


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1 (B) PRIORITY FACTORS.—The priority fac2 tors referred to in subparagraph (A)(i) are— 

3 (i) any threat to the health and safety 

4 of— 

5 (I) a member of the Tribe; 

6 (II) an employee of the irrigation 

7 operations and maintenance program 

8 of the Bureau of Indian Affairs; or 

9 (III) the general public; 

10 (ii) the extent of disrepair of the irri11 gation infrastructure of the Project and 

12 the effect of the disrepair on the ability of 

13 users of the Project to irrigate agricultural 

14 land using that irrigation infrastructure; 

15 (iii) whether, and the extent to which, 

16 the repair, rehabilitation, or reconstruction 

17 of the irrigation infrastructure of the 

18 Project would provide an opportunity to 

19 conserve water; 

20 (iv)(I) the economic and cultural im21 pacts the irrigation infrastructure of the 

22 Project that is in disrepair has on the 

23 Tribe; and 

24 (II) the economic and cultural bene25 fits that the repair, rehabilitation, or reVerDate Nov 24 2008 23:46 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3061.IH H3061

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1 construction of that irrigation infrastruc2 ture would have on the Tribe; 

3 (v) the opportunity to address water 

4 supply or environmental conflicts if the ir5 rigation infrastructure of the Project is re6 paired, rehabilitated, or reconstructed; and 

7 (vi) the overall benefits of the activity 

8 to efficient water operations on the land of 

9 the Tribe. 

10 (3) CONSULTATION.—In carrying out the study 

11 under this subsection, the Secretary shall consult 

12 with the Assistant Secretary for Indian Affairs and 

13 other relevant Federal and local officials to evaluate 

14 the extent to which programs under the jurisdiction 

15 of each Federal and local agency may be used to de16 velop— 

17 (A) the list of activities under paragraph 

18 (1)(B); or 

19 (B) the report under subsection (b). 

20 (b) REPORT.— 

21 (1) IN GENERAL.—Not later than 18 months 

22 after the date of enactment of this Act, the Sec23 retary shall submit to the Committee on Energy and 

24 Natural Resources of the Senate, the Committee on 


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1 Natural Resources of the House of Representatives, 

2 and the Tribe a report that includes— 

3 (A) the list of activities recommended for 

4 implementation under subsection (a)(1)(B); and 

5 (B) any findings of the Secretary with re6 spect to— 

7 (i) the study under subsection (a); 

8 (ii) consideration of the factors de9 scribed in subsection (a)(2); and 

10 (iii) any consultation required under 

11 subsection (a)(3). 

12 (2) BIENNIAL REVIEW.—Not later than 2 years 

13 after the date on which the Secretary submits the 

14 report under paragraph (1) and every 2 years there15 after, the Secretary, in consultation with the Tribe, 

16 shall— 

17 (A) review the report; and 

18 (B) update the list of activities under sub19 section (a)(1)(B) in accordance with each factor 

20 described in subsection (a)(2), as the Secretary 

21 determines to be appropriate. 

22 SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS AND 

23 AGREEMENTS. 

24 (a) IN GENERAL.—Subject to subsection (b), the Sec25 retary may provide grants to, and enter into cooperative 


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1 agreements with, the Tribe to plan, design, construct, or 

2 otherwise implement any activity to repair, rehabilitate, 

3 reconstruct, or replace irrigation infrastructure of the 

4 Project, if the activity is recommended for implementation 

5 on the list under section 4(a)(1)(B). 

6 (b) LIMITATION.—Assistance provided under sub7 section (a) shall not be used for any on-farm improvement. 

8 (c) CONSULTATION AND COORDINATION.—In pro9 viding assistance under subsection (a), the Secretary 

10 shall— 

11 (1) consult with, and obtain the approval of, the 

12 Tribe; 

13 (2) consult with the Assistant Secretary for In14 dian Affairs; and 

15 (3) as appropriate, coordinate the activity with 

16 any work being conducted under the irrigation oper17 ations and maintenance program of the Bureau of 

18 Indian Affairs. 

19 (d) COST SHARING REQUIREMENT.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the Federal share of the total cost of car22 rying out an activity using assistance under sub23 section (a) shall be not more than 75 percent. 


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1 (2) EXCEPTION.—The Secretary may waive or 

2 limit the non-Federal share required under para3 graph (1) on request of the Tribe. 

4 SEC. 6. EFFECT OF ACT. 

5 (a) WATER RIGHTS OF TRIBE.—Nothing in this Act 

6 (including the implementation of any activity carried out 

7 in accordance with this Act) affects any right of the Tribe 

8 to receive, divert, store, or claim a right to water, includ9 ing the priority of right and the quantity of water associ10 ated with the water right under Federal or State law. 

11 (b) STATE WATER LAW.—Nothing in this Act pre12 empts or affects— 

13 (1) any provision of water law of the State; or 

14 (2) any interstate compact governing water. 

15 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) STUDY.—There is authorized to be appropriated 

17 to carry out the study under section 4 $4,000,000. 

18 (b) IRRIGATION INFRASTRUCTURE GRANTS AND

19 AGREEMENTS.—There is authorized to be appropriated to 

20 carry out section 5 $10,000,000 for each of fiscal years 

21 2010 through 2015. 

Æ 


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