I 
110TH CONGRESS 
2D SESSION 
H. R. 6825 
To direct the Secretary of the Interior to assess the irrigation infrastructure 
of the Pine River Indian Irrigation Project in the State of Colorado, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2008 
Mr. SALAZAR introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To direct the Secretary of the Interior to assess the irrigation 
infrastructure of the Pine River Indian Irrigation Project 
in the State of 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. FINDINGS. 
Congress finds the following: 
(1) Drought, population increases, and environ-
mental needs are exacerbating water supply issues 
across the western United States, including on the 
Southern Ute Indian Reservation in southwestern 
Colorado. 
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(2) A report of the General Accounting Office 
from 2006 identified significant issues with the Pine 
River Indian Irrigation Project, including that key 
facilities of the Pine River Indian Irrigation Project 
are severely deteriorated and barely, if at all, oper-
able. 
(3) Operations and maintenance fees are not 
sufficient to address the Pine River Indian Irrigation 
Project’s condition, even though the Bureau of In-
dian Affairs has sought to double those fees, from 
$8.50 to $17.00, in recent years. 
(4) The 2006 General Accounting Office report 
also notes that a prior study done by the Bureau of 
Reclamation found that water users could not even 
afford to pay the lower operations and maintenance 
fees of $8.50 and operate a profitable farming oper-
ation. 
(5) The benefits of rehabilitating and repairing 
the Pine River Indian Irrigation Project’s irrigation 
infrastructure include— 
(A) water conservation; 
(B) extending available water supply; 
(C) increasing agricultural production; 
(D) economic benefits; 
(E) safer facilities; and 
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(F) preserving the culture of the Southern 
Ute Indian Tribe. 
(6) While the Pine River Indian Irrigation 
Project is currently managed by the Bureau of In-
dian Affairs, the Southern Ute Indian Tribe also re-
ceives water from facilities owned or operated by the 
Bureau of Reclamation. 
(7) Rehabilitation and repair of the Pine River 
Indian Irrigation Project’s infrastructure by the Bu-
reau of Reclamation would improve— 
(A) overall water management; and 
(B) the ability of the Southern Ute Indian 
Tribe and the Bureau of Reclamation to ad-
dress potential water conflicts. 
SEC. 2. DEFINITIONS. 
In this Act— 
(1) PROJECT.—The term ‘‘project’’ means the 
Pine River Indian Irrigation Project. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
(4) TRIBAL COUNCIL.—The term ‘‘Tribal Coun-
cil’’ means the Southern Ute Indian Tribal Council. 
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(5) TRIBE.—The term ‘‘Tribe’’ means the 
Southern Ute Indian Tribe. 
SEC. 3. PROJECT INFRASTRUCTURE STUDY. 
(a) STUDY.—The Secretary, in consultation with the 
Tribe, shall conduct a study of the project’s irrigation in-
frastructure. 
(b) IMPROVEMENTS.— 
(1) LIST.—Based on the results of the study 
required under subsection (a), the Secretary, in con-
sultation with the Tribe, shall develop a list of im-
provements to repair, rehabilitate, or reconstruct the 
project over a 10-year period. The list shall include 
cost-estimates for each improvement. 
(2) PRIORITY.—In developing the list of im-
provements, the Secretary shall prioritize the im-
provements based on— 
(A) recommendations of the Tribe; 
(B) cost-benefit analyses; 
(C) the ability of the project’s users to irri-
gate agricultural land using the project’s irriga-
tion infrastructure; 
(D) the effect on the conservation of water; 
(E) the cultural benefits that the improve-
ments would have on the Tribe; and 
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(F) the opportunity to address water sup-
ply or environmental conflicts. 
(c) CONSULTATION.—The Secretary may consult 
with the Director of the Bureau of Indian Affairs and any 
other local or Federal official to assist developing the 
study or list of improvements. 
(d) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the Committee on Energy and Natural Resources 
of the Senate, the Committee on Natural Resources of the 
House of Representatives, and the Tribe a report includ-
ing— 
(1) the list of improvements required under 
subsection (b); and 
(2) any findings the Secretary determines rel-
evant. 
(e) BIENNIAL REVIEW.—Not later than 2 years after 
the date on which the Secretary submits the report under 
subsection (d), and biennially thereafter, the Secretary, in 
consultation with the Tribe, shall— 
(1) review the report; and 
(2) update the list of improvements in accord-
ance with subsection (b)(2) as the Secretary deter-
mines to be appropriate. 
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SEC. 4. IRRIGATION INFRASTRUCTURE GRANTS AND COOP-
ERATIVE AGREEMENTS. 
(a) IN GENERAL.—The Secretary may provide grants 
to, and enter into cooperative agreements with, the Tribe 
in order to repair, rehabilitate, reconstruct, or replace the 
project’s irrigation infrastructure. 
(b) LIMITATION.—A grant or cooperative agreement 
under this section shall not be used for— 
(1) the repair, rehabilitation, or reconstruction 
of any major impoundment structure; or 
(2) any on-farm improvements. 
(c) CONSULTATION.—In carrying out a grant or co-
operative agreement under subsection (a), the Secretary 
shall— 
(1) consult with, and obtain the approval of, the 
Tribe; 
(2) consult with the Director of the Bureau of 
Indian Affairs; and 
(3) as appropriate, coordinate the project with 
any work being conducted under the irrigation oper-
ations and maintenance program of the Bureau of 
Indian Affairs. 
(d) COST-SHARING.—The Secretary may require that 
to be eligible for a grant or cooperative agreement under 
this section, the Tribe shall provide matching, non-Federal 
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funds in an amount equal to not less than 25 percent of 
the total amount of the grant or cooperative agreement. 
SEC. 5. FEDERAL AND STATE LAW. 
Nothing in this Act— 
(1) affects the right of the Tribe to receive, di-
vert, store, or claim a right to water, including the 
priority of right and the quantity of water associated 
with the water right under Federal or State law; or 
(2) preempts or affects— 
(A) State water law; or 
(B) an interstate compact relating to the 
allocation of water. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
(a) STUDY.—There is authorized to be appropriated 
to carry out section 3 $4,000,000. 
(b) PROJECTS.—There is authorized to be appro-
priated to carry out section 4 $10,000,000 for each of fis-
cal years 2010 through 2015. 
Æ 
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