110th CONGRESS
1st Session
H. R. 186
To authorize the construction of the Arkansas Valley Conduit in
the State of Colorado, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mrs. MUSGRAVE 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;
(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.
(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-
(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.
(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.
(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 unforseen 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.
END
