[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 317 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 317
To authorize the construction of the Arkansas Valley Conduit in the
State of Colorado, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Mr. Salazar introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the construction of the Arkansas Valley Conduit in the
State of Colorado, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arkansas Valley Conduit Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Public Law 87-590 (76 Stat. 389) authorized the
Fryingpan-Arkansas Project, including construction of the
Arkansas Valley Conduit, a pipeline extending from Pueblo
Reservoir, Pueblo, Colorado to Lamar, Colorado;
(2) the Arkansas Valley Conduit was never built, partly
because of the inability of local communities to pay 100
percent of the costs of construction of the Arkansas Valley
Conduit;
(3) in furtherance of the goals and authorization of the
Fryingpan-Arkansas Project, it is necessary to provide separate
authorization for the construction of the Arkansas Valley
Conduit;
(4) the construction of the Arkansas Valley Conduit is
necessary for the continued viability of southeast Colorado;
and
(5) the Arkansas Valley Conduit would provide the
communities of southeast Colorado with safe, clean, and
affordable water.
(b) Purposes.--The purposes of this Act are--
(1) to ensure a safe and adequate water supply for the
beneficiaries identified in Public Law 87-590 (76 Stat. 389)
and related authorizing documents and subsequent studies; and
(2) to establish a cost-sharing requirement for the
construction of the Arkansas Valley Conduit.
SEC. 3. ARKANSAS VALLEY CONDUIT, COLORADO.
(a) In General.--The Secretary of the Interior (referred to in this
Act as the ``Secretary'') shall plan, design, and construct a water
delivery pipeline, and branch lines as needed, from a location in the
vicinity (as determined by the Secretary) of Pueblo Reservoir, Pueblo,
Colorado to a location in the vicinity (as determined by the Secretary)
of Lamar, Colorado, to be known as the ``Arkansas Valley Conduit'',
without regard to the cost-ceiling for the Fryingpan-Arkansas Project
established under section 7 of Public Law 87-590 (76 Stat. 393).
(b) Lead Non-Federal Entity.--
(1) Designation.--The Southeastern Colorado Water
Conservancy District, or a designee of the Southeastern
Colorado Water Conservancy District that is recognized under
State law as an entity that has taxing authority, shall be the
lead non-Federal entity for the Arkansas Valley Conduit.
(2) Duties.--The lead non-Federal entity shall--
(A) act as the official agent of the Arkansas
Valley Conduit;
(B) pay--
(i) the non-Federal share of any increased
costs required under subsection (e)(2)(C); and
(ii) the non-Federal share of construction
costs under subsection (e)(2); and
(C) pay costs relating to, and perform, the
operations, maintenance, and replacement of the
Arkansas Valley Conduit.
(c) Cooperation.--To the maximum extent practicable during the
planning, design, and construction of the Arkansas Valley Conduit, the
Secretary shall collaborate and cooperate with the United States Army
Corps of Engineers, other Federal agencies, and non-Federal entities.
(d) Cost Estimate.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in cooperation with the
lead non-Federal entity, shall prepare an estimate of the total
costs of constructing the Arkansas Valley Conduit.
(2) Actual costs.--If the actual costs of construction
exceed the estimated costs, the difference between the actual
costs and the estimated costs shall be apportioned in
accordance with subsection (e)(2)(C).
(3) Agreement on estimate and design.--The estimate
prepared under paragraph (1), and the final design for the
Arkansas Valley Conduit, shall be--
(A) subject to the agreement of the Secretary and
the lead non-Federal entity;
(B) developed in cooperation with the lead non-
Federal entity; and
(C) consistent with commonly accepted engineering
practices.
(e) Cost-Sharing Requirement.--
(1) Federal share.--
(A) In general.--The Federal share of the total
costs of the planning, design, and construction of the
Arkansas Valley Conduit shall be 80 percent.
(B) Increased costs.--The Federal share of any
increased costs that are a result of fundamental design
changes conducted at the request of any person other
than the lead non-Federal entity shall be 100 percent.
(2) Non-federal share.--
(A) Non-federal share.--The non-Federal share of
the total costs of the planning, design, and
construction of the Arkansas Valley Conduit shall be 20
percent.
(B) Form.--Up to 100 percent of the non-Federal
share may be in the form of in-kind contributions or
tasks that are identified in the cost estimate prepared
under subsection (d)(1) as necessary for the planning,
design, and construction of the Arkansas Valley
Conduit.
(C) Increased costs.--
(i) Fundamental design changes.--The lead
non-Federal entity shall pay any increased
costs that are a result of fundamental design
changes conducted at the request of the lead
non-Federal entity.
(ii) Other causes.--For any increased costs
that are from causes (including increased
supply and labor costs and unforeseen field
changes) other than fundamental design changes
referred to in clause (i) and paragraph
(1)(B)--
(I) the Federal share shall be 80
percent; and
(II) the non-Federal share shall be
20 percent.
(D) Up-front payment.--Not later than 180 days
after the date of completion of the cost-estimate under
subsection (d), the Secretary and the non-Federal
entity may enter into an agreement under which--
(i) the Secretary pays 100 percent of the
non-Federal share on behalf of the non-Federal
entity; and
(ii) the non-Federal entity reimburses the
Secretary for the funds paid by the Secretary
in accordance with the terms of the agreement.
(E) Timing.--Except as provided in subparagraph
(D), the non-Federal share shall be paid in accordance
with a schedule established by the Secretary that--
(i) takes into account the capability of
the applicable non-Federal entities to pay; and
(ii) provides for full payment of the non-
Federal share by a date that is not later than
50 years after the date on which the Arkansas
Valley Conduit is capable of delivering water.
(f) Transfer on Completion.--On completion of the Arkansas Valley
Conduit, as certified in an agreement between the Secretary and the
lead non-Federal entity, the Secretary shall transfer ownership of the
Arkansas Valley Conduit to the lead non-Federal entity.
(g) Applicable Law.--Except as provided in this Act, Public Law 87-
590 (76 Stat. 389) and related authorizing documents and subsequent
studies shall apply to the planning, design, and construction of the
Arkansas Valley Conduit.
(h) Water Rights.--Nothing in this Act affects any State water law
or interstate compact.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act.
(b) Limitation.--Amounts made available under subsection (a) shall
not be used for the operation or maintenance of the Arkansas Valley
Conduit.
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