I 
108TH CONGRESS 
2D SESSION 
H. R. 5373 
To authorize the Secretary of the Interior to enter into contracts for the 
use of excess storage and conveyance capacity of the Fryingpan-Arkansas 
Project, Colorado, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2004 
Mr. BEAUPREZ (for himself and Mr. TANCREDO) introduced the following bill; 
which was referred to the Committee on Resources 
A BILL 
To authorize the Secretary of the Interior to enter into 
contracts for the use of excess storage and conveyance 
capacity of the Fryingpan-Arkansas Project, Colorado, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FEASIBILITY STUDY. 
(a) AUTHORIZED.—Pursuant to Federal reclamation 
law (the Act of June 7, 1902, and all Acts amendatory 
thereof or supplementary thereto), the Secretary of the In-
terior is authorized to conduct a feasibility study to deter-
mine the most feasible method of meeting the present and
future water supply and related storage requirements 
within the area served by the Fryingpan-Arkansas Project, 
including the potential enlargement of Fryingpan-Arkan-
sas facilities. In conducting such study, the Secretary shall 
take into consideration the Preferred Storage Options 
Plan Report published September 21, 2000, by the South-
eastern Colorado Water and Storage Needs Assessment 
Enterprise and Final PSOP Implementation Committee 
Report dated April 19, 2001 (hereinafter referred to as 
the ‘‘PSOP Reports’’), the intergovernmental agreement 
dated May 27, 2004 among the City of Pueblo, the City 
of Aurora, the Southeastern Colorado Water Conservancy 
District, the City of Fountain, the City of Colorado 
Springs, the Board of Water Works of Pueblo, Colorado 
(hereinafter referred to as the ‘‘Regional IGA’’), and the 
need to ensure compliance with the Arkansas River Com-
pact as executed by the states of Colorado and Kansas 
on December 14, 1948 (hereinafter referred to as the ‘‘Ar-
kansas River Compact’’). 
(b) FUNDING.—Before funds are expended for the 
study authorized by this section, the Southeastern Colo-
rado Water Activity Enterprise shall first agree to partici-
pate in the feasibility study and to fund, at a minimum, 
50 percent of the costs of such study. The Southeastern 
Colorado Water Activity Enterprise’s share of the costs
may be provided partly or wholly in the form of services 
directly related to the conduct of the study, as determined 
by the Secretary. Costs incurred prior to the enactment 
of this Act to develop the PSOP Reports may be credited 
toward such Enterprise’s share of the costs of the feasi-
bility study, as determined by the Secretary. 
(c) STUDY TO BE SUBMITTED.—The Secretary shall 
submit the feasibility study authorized by this section to 
the President and the President Pro Tempore of the Sen-
ate and the Speaker of the House of Representatives. 
(d) FURTHER AUTHORIZATION REQUIRED FOR CER-
TAIN EXPENDITURES.—No funds shall be expended for 
the construction of enlargements, or any other alternative 
identified in the feasibility study authorized by this section 
for which authority does not currently exist, without fur-
ther authorization by Congress. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $4,000,000 to conduct the 
feasibility study authorized by this section.
SEC. 2. SECRETARY AUTHORIZED TO ENTER INTO CON-
TRACTS FOR THE USE OF EXCESS STORAGE 
AND 
CONVEYANCE 
CAPACITY 
OF 
THE 
FRYINGPAN-ARKANSAS 
PROJECT, 
COLO-
RADO. 
The Act of August 16, 1962, as amended, (76 Stat. 
389 et seq., as amended), is amended further by adding 
at the end the following new sections: 
‘‘SEC. 8. (a)(1) Except as provided in Section 9, and 
subject to the provisions of this Act and all other applica-
ble Federal statutes, the Secretary is authorized to enter 
into contracts with any entity, private or public, (herein-
after referred to as ‘entity’), for the use of excess capacity 
in the Fryingpan-Arkansas Project for the purpose of di-
verting, storing, impounding, pumping, exchanging, or 
conveying nonproject water for irrigation, domestic, mu-
nicipal and industrial, or any other beneficial purpose. 
‘‘(2) In entering into such contracts, the Secretary 
shall take into consideration the PSOP Reports, the Re-
gional IGA and the need to ensure compliance with the 
Arkansas River Compact. 
‘‘(b) The Secretary is authorized to enter into con-
tracts pursuant to this section provided that— 
‘‘(1) to the extent such contracts are with an 
entity that does not have an allocation of Project 
carry over storage space pursuant to the allocation