I 
111TH CONGRESS 
2D SESSION 
H. R. 5362 
To provide for the release of water from the marketable yield pool of water 
stored in the Ruedi Reservoir for the benefit of endangered fish habitat 
in the Colorado River, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2010 
Mr. SALAZAR introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To provide for the release of water from the marketable 
yield pool of water stored in the Ruedi Reservoir for 
the benefit of endangered fish habitat in the Colorado 
River, 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. ENDANGERED FISH RECOVERY IMPLEMENTA-
TION PROGRAMS. 
(a) DEFINITIONS.—Section 2 of Public Law 106–392 
(114 Stat. 1602) is amended by adding at the end the 
following: 
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‘‘(11) MARKETABLE
YIELD
POOL.—The term 
‘marketable yield pool’ means the portion of the reg-
ulatory capacity that, as of the date of enactment of 
this paragraph, is dedicated to marketing purposes. 
‘‘(12) REGULATORY CAPACITY.—The term ‘reg-
ulatory capacity’ has the meaning given the term in 
the 
publication 
entitled 
‘Operating 
Principles, 
Fryingpan-Arkansas Project, Adopted by the State 
of Colorado, April 30, 1959 (as amended December 
30, 1959, and December 9, 1960)’, as printed as 
House Document No. 130 in accordance with House 
Resolution 91, 87th Congress, agreed to March 15, 
1961. 
‘‘(13) RUEDI
RESERVOIR.—The term ‘Ruedi 
Reservoir’ means the component of the Fryingpan- 
Arkansas Project of the Bureau of Reclamation that 
is located— 
‘‘(A) on the Fryingpan River; and 
‘‘(B) in western Colorado.’’. 
(b) AUTHORIZATION TO FUND RECOVERY PRO-
GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 
1603) is amended— 
(1) by redesignating subsections (e) through (h) 
as subsections (f) through (i), respectively; and 
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(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) ALLOCATION OF RUEDI RESERVOIR MARKET-
ABLE YIELD POOL.— 
‘‘(1) RELEASE
OF
WATER.—For 2013, and 
each and every year thereafter, at the request of the 
Director of the United States Fish and Wildlife 
Service (referred to in this subsection as the ‘Direc-
tor’), 5,412.5 acre-feet of water shall be released 
from the marketable yield pool of water stored in the 
Ruedi Reservoir for the benefit of endangered fish 
habitat in the Colorado River. 
‘‘(2) TIMING OF RELEASE.—Unless otherwise 
requested by the Director, the release of water under 
paragraph (1) shall occur during the late summer 
months to enhance low waterflows in areas that 
comprise the endangered fish habitat in the Colo-
rado River. 
‘‘(3) NO
REQUIREMENT
FOR
CONTRACT
OR 
OTHER AGREEMENT.—The release of water under 
paragraph (1) may be carried out without the for-
mation or execution of any contract or other agree-
ment. 
‘‘(4) REIMBURSEMENT.—The capital, oper-
ational, maintenance, and replacement costs that 
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arise from the release of water under paragraph (1) 
shall not be reimbursable. 
‘‘(5) EFFECT.—The release of water under 
paragraph (1) shall satisfy 50 percent of the com-
mitment by water users to provide 10,825 acre-feet 
of water per year as described in Appendix C of the 
document entitled ‘Final Programmatic Biological 
Opinion for Bureau of Reclamation’s Operations and 
Depletions, Other Depletions, and Funding and Im-
plementation of Recovery Program Actions in the 
Upper Colorado River above the Confluence with the 
Gunnison River’ published by the Director on De-
cember 20, 1999. 
‘‘(6) EFFECTIVE DATE.—This subsection shall 
take effect when— 
‘‘(A) the Secretary issues a Finding of No 
Significant Impact or a Record of Decision 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) regarding the re-
lease of water under paragraph (1); and 
‘‘(B) an additional 5,412.5 acre-feet of 
water has been made available by means accept-
able to water users to satisfy their remaining 
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obligations as referenced in the document de-
scribed in paragraph (5).’’. 
Æ 
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