S 134 ISCommentsClose CommentsPermalink

To authorize the construction of the Arkansas Valley Conduit in the State of Colorado, and for other purposes.CommentsClose CommentsPermalink

January 4, 2007

Mr. ALLARD (for himself and Mr. SALAZAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To authorize the construction of the Arkansas Valley Conduit in the State of Colorado, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Arkansas Valley Conduit Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) the construction of the Arkansas Valley Conduit is necessary for the continued viability of southeast Colorado; andCommentsClose CommentsPermalink





(5) the Arkansas Valley Conduit would provide the communities of southeast Colorado with safe, clean, and affordable water.CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) to establish a cost-sharing requirement for the construction of the Arkansas Valley Conduit.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink





(b) Lead Non-Federal Entity-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) DUTIES- The lead non-Federal entity shall--CommentsClose CommentsPermalink





(A) act as the official agent of the Arkansas Valley Conduit;CommentsClose CommentsPermalink





(B) pay--CommentsClose CommentsPermalink





(i) the non-Federal share of any increased costs required under subsection (e)(2)(C); andCommentsClose CommentsPermalink





(ii) the non-Federal share of construction costs under subsection (e)(2); andCommentsClose CommentsPermalink





(C) pay costs relating to, and perform, the operations, maintenance, and replacement of the Arkansas Valley Conduit.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Cost Estimate-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) AGREEMENT ON ESTIMATE AND DESIGN- The estimate prepared under paragraph (1), and the final design for the Arkansas Valley Conduit, shall be--CommentsClose CommentsPermalink





(A) subject to the agreement of the Secretary and the lead non-Federal entity;CommentsClose CommentsPermalink





(B) developed in cooperation with the lead non-Federal entity; andCommentsClose CommentsPermalink





(C) consistent with commonly accepted engineering practices.CommentsClose CommentsPermalink





(e) Cost-Sharing Requirement-CommentsClose CommentsPermalink





(1) FEDERAL SHARE-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) NON-FEDERAL SHARE-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) INCREASED COSTS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(ii) OTHER CAUSES- For any increased costs that are from causes (including increased supply and labor costs and unforseen field changes) other than fundamental design changes referred to in clause (i) and paragraph (1)(B)--CommentsClose CommentsPermalink





(I) the Federal share shall be 80 percent; andCommentsClose CommentsPermalink





(II) the non-Federal share shall be 20 percent.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) the Secretary pays 100 percent of the non-Federal share on behalf of the non-Federal entity; andCommentsClose CommentsPermalink





(ii) the non-Federal entity reimburses the Secretary for the funds paid by the Secretary in accordance with the terms of the agreement.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) takes into account the capability of the applicable non-Federal entities to pay; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(h) Water Rights- Nothing in this Act affects any State water law or interstate compact.CommentsClose CommentsPermalink

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There are authorized to be appropriated such sums as are necessary to carry out this Act.CommentsClose CommentsPermalink





(b) Limitation- Amounts made available under subsection (a) shall not be used for the operation or maintenance of the Arkansas Valley Conduit.CommentsClose CommentsPermalink