Requires the release of 5,412.5 acre-feet of water from the marketable yield pool (the portion of the regulatory capacity that is dedicated to marketing purposes) of water stored in the Ruedi Reservoir (a component of the Fryingpan-Arkansas Project of the Bureau of Reclamation in western Colorado) for the benefit of endangered fish habitat in the Colorado River for 2013 and each year thereafter at the request of the Director of the United States Fish and Wildlife Service. Requires such release during the late summer months to enhance low water flows in areas that comprise the endangered fish habitat in the Colorado River, unless otherwise requested by the Director.
Provides that the release shall satisfy 50% of the commitment by certain 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 Implementation of Recovery Program Actions in the Upper Colorado River above the Confluence with the Gunnison River."
Makes this Act effective when: (1) the Secretary of the Interior issues a finding of no significant impact or a record of decision under the National Environmental Policy Act of 1969 regarding such release; and (2) an additional 5,412.5 acre-feet of water has been made available by means acceptable to water users to satisfy their remaining obligations.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5362 Introduced in House (IH)]
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. ENDANGERED FISH RECOVERY IMPLEMENTATION PROGRAMS.
(a) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602)
is amended by adding at the end the following:
``(11) Marketable yield pool.--The term `marketable yield
pool' means the portion of the regulatory capacity that, as of
the date of enactment of this paragraph, is dedicated to
marketing purposes.
``(12) Regulatory capacity.--The term `regulatory 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 Programs.--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
(2) by inserting after subsection (d) the following:
``(e) Allocation of Ruedi Reservoir Marketable 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 `Director'), 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 Colorado
River.
``(3) No requirement for contract or other agreement.--The
release of water under paragraph (1) may be carried out without
the formation or execution of any contract or other agreement.
``(4) Reimbursement.--The capital, operational,
maintenance, and replacement costs that 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 commitment 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 Implementation of
Recovery Program Actions in the Upper Colorado River above the
Confluence with the Gunnison River' published by the Director
on December 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 release of water under
paragraph (1); and
``(B) an additional 5,412.5 acre-feet of water has
been made available by means acceptable to water users
to satisfy their remaining obligations as referenced in
the document described in paragraph (5).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water and Power.
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