SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(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; 
(2)(A) a report of the Government Account-
ability Office dated 2006 identified significant issues 
with the Pine River Indian Irrigation Project, in-
cluding the issue that, at the time of the study, the 
Bureau of Indian Affairs estimated that total de-
ferred maintenance costs for the Project exceeded 
$20,000,000; and 
(B) other estimates have placed those costs at 
more than $60,000,000; 
(3) the report of the Government Accountability 
Office demonstrates that key facilities of the Project 
are severely deteriorated; 
(4) operations and maintenance fees are not 
sufficient to address the condition of the Project, 
even though the Bureau of Indian Affairs has 
sought to double those fees, from $8.50 to $17, in 
recent years; 
(5) the report of the Government Accountability 
Office also notes that a prior study done by the Bu-
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reau of Reclamation determined that water users 
could not afford to pay operations and maintenance 
fees of $8.50 and operate a profitable farming oper-
ation; 
(6) the benefits of rehabilitating and repairing 
the irrigation infrastructure of the Project include— 
(A) water conservation; 
(B) extending available water supply; 
(C) increased agricultural production; 
(D) economic benefits; 
(E) safer facilities; and 
(F) the preservation of the culture of the 
Southern Ute Indian Tribe; 
(7) while, as of the date of enactment of this 
Act, the Project is managed by the Bureau of Indian 
Affairs, the Southern Ute Indian Tribe also receives 
water from facilities owned or operated by the Bu-
reau of Reclamation; and 
(8) rehabilitation and repair of the infrastruc-
ture of the Project by the Bureau 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. 
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(b) PURPOSE.—The purpose of this Act is to require 
the Secretary of the Interior— 
(1) to assess the condition of infrastructure of 
the Pine River Indian Irrigation Project; 
(2) to establish priorities for the rehabilitation 
of irrigation infrastructure within the Project ac-
cording to specified criteria; and 
(3) to implement rehabilitation activities for the 
irrigation infrastructure of the Project. 
SEC. 3. 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. 
(5) TRIBE.—The term ‘‘Tribe’’ means the 
Southern Ute Indian Tribe. 
SEC. 4. STUDY OF IRRIGATION INFRASTRUCTURE OF 
PROJECT. 
(a) STUDY.— 
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(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary, in 
consultation with the Tribe, shall— 
(A) conduct a study of the irrigation infra-
structure of the Project; and 
(B) based on the results of the study, de-
velop a list of activities (including a cost esti-
mate for each activity) that are recommended 
to be implemented during the 10-year period 
beginning on the date of completion of the 
study to repair, rehabilitate, or reconstruct that 
irrigation infrastructure. 
(2) FACTORS FOR CONSIDERATION.— 
(A) IN GENERAL.—In developing the list 
under paragraph (1)(B), the Secretary shall 
give priority to activities based on— 
(i) a review of the priority factors de-
scribed in subparagraph (B) with respect 
to the activity; 
(ii) recommendations of the Tribe, if 
any; and 
(iii) a consideration of the projected 
benefits of each activity on completion of 
the Project. 
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(B) PRIORITY FACTORS.—The priority fac-
tors referred to in subparagraph (A)(i) are— 
(i) any threat to the health and safety 
of— 
(I) a member of the Tribe; 
(II) an employee of the irrigation 
operations and maintenance program 
of the Bureau of Indian Affairs; or 
(III) the general public; 
(ii) the extent of disrepair of the irri-
gation infrastructure of the Project and 
the effect of the disrepair on the ability of 
users of the Project to irrigate agricultural 
land using that irrigation infrastructure; 
(iii) whether, and the extent to which, 
the repair, rehabilitation, or reconstruction 
of the irrigation infrastructure of the 
Project would provide an opportunity to 
conserve water; 
(iv)(I) the economic and cultural im-
pacts the irrigation infrastructure of the 
Project that is in disrepair has on the 
Tribe; and 
(II) the economic and cultural bene-
fits that the repair, rehabilitation, or re-
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construction of that irrigation infrastruc-
ture would have on the Tribe; 
(v) the opportunity to address water 
supply or environmental conflicts if the ir-
rigation infrastructure of the Project is re-
paired, rehabilitated, or reconstructed; and 
(vi) the overall benefits of the activity 
to efficient water operations on the land of 
the Tribe. 
(3) CONSULTATION.—In carrying out the study 
under this subsection, the Secretary shall consult 
with the Assistant Secretary for Indian Affairs and 
other relevant Federal and local officials to evaluate 
the extent to which programs under the jurisdiction 
of each Federal and local agency may be used to de-
velop— 
(A) the list of activities under paragraph 
(1)(B); or 
(B) the report under subsection (b). 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Sec-
retary shall submit to the Committee on Energy and 
Natural Resources of the Senate, the Committee on 
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Natural Resources of the House of Representatives, 
and the Tribe a report that includes— 
(A) the list of activities recommended for 
implementation under subsection (a)(1)(B); and 
(B) any findings of the Secretary with re-
spect to— 
(i) the study under subsection (a); 
(ii) consideration of the factors de-
scribed in subsection (a)(2); and 
(iii) any consultation required under 
subsection (a)(3). 
(2) BIENNIAL REVIEW.—Not later than 2 years 
after the date on which the Secretary submits the 
report under paragraph (1) and every 2 years there-
after, the Secretary, in consultation with the Tribe, 
shall— 
(A) review the report; and 
(B) update the list of activities under sub-
section (a)(1)(B) in accordance with each factor 
described in subsection (a)(2), as the Secretary 
determines to be appropriate. 
SEC. 
5. 
IRRIGATION 
INFRASTRUCTURE 
GRANTS 
AND 
AGREEMENTS. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary may provide grants to, and enter into cooperative 
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(2) EXCEPTION.—The Secretary may waive or 
limit the non-Federal share required under para-
graph (1) on request of the Tribe. 
SEC. 6. EFFECT OF ACT. 
(a) WATER RIGHTS OF TRIBE.—Nothing in this Act 
(including the implementation of any activity carried out 
in accordance with this Act) affects any right of the Tribe 
to receive, divert, store, or claim a right to water, includ-
ing the priority of right and the quantity of water associ-
ated with the water right under Federal or State law. 
(b) STATE WATER LAW.—Nothing in this Act pre-
empts or affects— 
(1) any provision of water law of the State; or 
(2) any interstate compact governing water. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) STUDY.—There is authorized to be appropriated 
to carry out the study under section 4 $4,000,000. 
(b) IRRIGATION
INFRASTRUCTURE
GRANTS
AND 
AGREEMENTS.—There is authorized to be appropriated to 
carry out section 5 $10,000,000 for each of fiscal years 
2010 through 2015. 
Æ 
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