H. R. 4818—140
Law 102–575: Provided further, That none of the funds made avail-
able under this heading may be used for the acquisition or leasing
of water for in-stream purposes if the water is already committed
to in-stream purposes by a court adopted decree or order.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until expended, $58,153,000 to be derived from
the Reclamation Fund and be nonreimbursable as provided in 43
U.S.C. 377: Provided, That no part of any other appropriation
in this Act shall be available for activities or functions budgeted
as policy and administration expenses.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 14 passenger motor vehicles, of which
11 are for replacement only.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDP-
Alternative Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, prepared by
the Department of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or providing
for, drainage service or drainage studies for the San Luis Unit
shall be fully reimbursable by San Luis Unit beneficiaries of such
service or studies pursuant to Federal reclamation law.
SEC. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries
and expenses of personnel to purchase or lease water in the Middle
Rio Grande or the Carlsbad Projects in New Mexico unless said
purchase or lease is in compliance with the purchase requirements
of section 202 of Public Law 106–60.
SEC. 203. LOWER COLORADO RIVER BASIN DEVELOPMENT. (a)
IN GENERAL.—Notwithstanding section 403(f) of the Colorado River
Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower
Colorado River Basin Development Fund shall be paid to the general
fund of the Treasury until each provision of the revised Stipulation
Regarding a Stay and for Ultimate Judgment Upon the Satisfaction
of Conditions, filed in United States District Court on April 24,
H. R. 4818—141
2003, in Central Arizona Water Conservation District v. United
States (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95–1720–OHX–
EHC (Consolidated Action)), and any amendment or revision
thereof, is met.
(b) PAYMENT TO GENERAL FUND.—If any of the provisions of
the stipulation referred to in subsection (a) are not met by the
date that is 10 years after the date of enactment of this Act,
payments to the general fund of the Treasury shall resume in
accordance with section 403(f) of the Colorado River Basin Project
Act (43 U.S.C. 1543(f)).
(c) AUTHORIZATION.—Amounts in the Lower Colorado River
Basin Development Fund that but for this section would be returned
to the general fund of the Treasury shall not be expended until
further Act of Congress.
SEC. 204. Funds under this title for Drought Emergency Assist-
ance shall be made available primarily for leasing of water for
specified drought related purposes from willing lessors, in compli-
ance with existing State laws and administered under State water
priority allocation. Such leases may be entered into with an option
to purchase: Provided, That such purchase is approved by the
State in which the purchase takes place and the purchase does
not cause economic harm within the State in which the purchase
is made.
SEC. 205. (a) Notwithstanding any other provision of law and
hereafter, the Secretary of the Interior, acting through the Commis-
sioner of the Bureau of Reclamation, may not obligate funds, and
may not use discretion, if any, to restrict, reduce or reallocate
any water stored in Heron Reservoir or delivered pursuant to San
Juan-Chama Project contracts, including execution of said contracts
facilitated by the Middle Rio Grande Project, to meet the require-
ments of the Endangered Species Act, unless such water is acquired
or otherwise made available from a willing seller or lessor and
the use is in compliance with the laws of the State of New Mexico,
including but not limited to, permitting requirements.
(b) Complying with the reasonable and prudent alternatives
and the incidental take limits defined in the Biological Opinion
released by the United States Fish and Wildlife Service dated
March 17, 2003 combined with efforts carried out pursuant to
Public Law 106–377, Public Law 107–66, and Public Law 108–
7 fully meet all requirements of the Endangered Species Act (16
U.S.C. 1531 et seq.) for the conservation of the Rio Grande Silvery
Minnow (Hybognathus amarus) and the Southwestern Willow
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande
in New Mexico.
(c) This section applies only to those Federal agencies and
non-Federal actions addressed in the March 17, 2003 Biological
Opinion.
(d) Subsection (b) will remain in effect until March 16, 2013.
SEC. 206. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to enter
into grants, cooperative agreements, and other agreements with
irrigation or water districts and States to fund up to 50 percent
of the cost of planning, designing, and constructing improvements
that will conserve water, increase water use efficiency, or enhance
water management through measurement or automation, at
existing water supply projects within the States identified in the
Act of June 17, 1902, as amended, and supplemented: Provided,
H. R. 4818—142
That when such improvements are to federally owned facilities,
such funds may be provided in advance on a non-reimbursable
basis to an entity operating affected transferred works or may
be deemed non-reimbursable for non-transferred works: Provided
further, That the calculation of the non-Federal contribution shall
provide for consideration of the value of any in-kind contributions,
but shall not include funds received from other Federal agencies:
Provided further, That the cost of operating and maintaining such
improvements shall be the responsibility of the non-Federal entity:
Provided further, That this section shall not supercede any existing
project-specific funding authority: Provided further, That the Sec-
retary is also authorized to enter into grants or cooperative agree-
ments with universities or non-profit research institutions to fund
water use efficiency research.
SEC. 207. ANIMAS-LA PLATA NON-INDIAN SPONSOR OBLIGATIONS.
In accordance with the nontribal repayment obligation specified
in Subsection 6(a)(3)(B) of the Colorado Ute Indian Rights Settle-
ment Act of 1988 (Public Law 100–585), as amended by the Colorado
Ute Settlement Act Amendments of 2000 (Public Law 106–554),
the reimbursable cost upon which the cost allocation shall be based
shall not exceed $43,000,000, plus interest during construction for
those parties not utilizing the up front payment option, of the
first $500,000,000 (January 2003 price level) of the total project
costs. Consequently, the Secretary may forgive the obligation of
the non-Indian sponsors relative to the $163,000,000 increase in
estimated total project costs that occurred in 2003.
SEC. 208. MONTANA
WATER
CONTRACTS
EXTENSION. (a)
AUTHORITY TO EXTEND.—The Secretary of the Interior may extend
each of the water contracts listed in subsection (b) until the earlier
of—
(1) the expiration of the 2-year period beginning on the
date on which the contract would expire but for this section;
or
(2) the date on which a new long-term water contract
is executed by the parties to the contract listed in subsection
(b).
(b) EXTENDED CONTRACTS.—The water contracts referred to
in subsection (a) are the following:
(1) Contract Number 14–06–600–2078, as amended, for
purchase of water between the United States of America and
the City of Helena, Montana.
(2) Contract Number 14–06–600–2079, as amended,
between the United States of America and the Helena Valley
Irrigation District for water service.
(3) Contract Number 14–06–600–8734, as amended,
between the United States of America and the Toston Irrigation
District for water service.
(4) Contract Number 14–06–600–3592, as amended,
between the United States and the Clark Canyon Water Supply
Company, Inc., for water service and for a supplemental supply.
(5) Contract Number 14–06–600–3593, as amended,
between the United States and the East Bench Irrigation Dis-
trict for water service.