fzi/e. Co (fa/646v. . . 47?44452; 7 JUL 8"1962 UPPER COLORADO mean commas-now salt Lake City: We?l 37TH CONGRESS -H '20 SESSION 2 2 i IN THE SENATE OF THE UNITED STATES JUNE 14, 1962 Read twice and referred to the Committee on Interior and Insular Affairs AN ACT To authorize the construction, operation, and maintenance by the Secretary of the Interior of the Fryingpan?Arkansas - project, Colorado. I Be it enacted by the Senate and House of Representni tines of the United States of America in Congress assembled, That for the purposes of supplying water for-irrigation, mu; . nicipal, domestic, and industrial uses, generating and trans? mitting hydroelectric poorer and 'energy,? and;controlling1 ??oods, and for other useful and-bene?cial purposes incidental thereto, including recreation conservation and deve?l?II opment of ?shand wildlife, the Secretary of the'Interior is 'cocolqczanlaoawr-i authorized to construct, operate, and maintain the Frying? C1 pan?Arkansas project, Colorado, in substantial accordance: .I I in Elm-40.101 with the engineering plans therefor set forth in House Docu- ment Numbered 187, Eighty-third Congress, modi?ed as proposed in the September 1959 report of the Bureau of Reclamation entitled ?Ruedi Dam and Reservoir, Colorado?, with such minor modi?cations of, omissions from, or addi? tions to the works described in those reports as he may ?nd necessary or proper for accomplishing the. objectives of the project. Such modi?cations or additions as may be required in connection therewith shall not, however, extend to or contemplate the so-called Gunnison-Arkansas project; and nothing in this Act shall constitute a commitment, real or implied, to caportations of watei here the Colorado River . system in 60101 ado beyond those required for projects here- tofole oi herein authorized. In constlucting, opeiating, and maintaining the IFryingpan?Arkansas project, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatOry thereof or supplementary thereto). A reservoir atthe Ruedi site on the F1yingpan River with an active capacity of approximately one hundred thousandacre-feet shall be constructed in lieu of the res- ervoir on'th'e Rearing Fork River at the Aspen site contem- plated in House Document Numbered 18?, Eighty?third Congress. The Secretary shall investigate andprepare a re? port on the feasibility of a replacement reservoir at or near toes-advises25' 'the Ashcroft site Oil-Castle Creek, tributary of the Roaring Fork River above its con?uence with the'Frying- 'pan River with a capacity of approximately ?ve thousand acre?feet, hut construction thereof shall not 'be 'uuless' said report, xvhich shall be submitted to the i?i'esitleiit and the Congress, demonstrates the feasibility of said reservoir and is approved by the Congress. The Secretary shall expedite completion of his planning report on the Basalt project, Colorado, as a participating proj~ lect'under the Act of April .11, 1956 i (70 Stat. 105), and said report shall have the priority status of the reports to which reference is made in section 2 of said Act. No part of the Single purpose municipal and indus- trial water supply works involved" in the Fryingpan?Arkansas project shall be constructed by the Secretary in the absence of evidence satisfactory to him that it vvould be infeasible for the communities involved Ito?construct the Erorks themselves, singly er jaintl'y. In the event it is determined that thesis works, or any of them, are to be constructed by the Secrei tary, a Contract providingamong other. things, for payment of' the actual cost thereof, with interest as hereinafter pro- rapidly as is consistent with the contracting parties" ability to pay, but in any event, within ?fty years from the tittie- the works are ?rst available for the delivery of water, and for'assumption by the contracting parties "of the care,' .I-l on so 1.operation, maintenance, and replacement of the works shall -_be a conditionprecedent to construction thereof. SEO. 2. Contracts to repay the portion of the cost of the Fryingpan?Arkansas project allocated to irrigation. and assigned to be repaid by irrigation water users (ex? clusive of such portion of said cost as may be derived from '-temporary water .supply contracts or from other sources) which are entered into pursuant to subsection section 9, of the Reclamation Project Act of 1939 (53 Stat. 1187) as amended, shall provide for a basic repayment period of not more than ?fty years after completion of construction and shall not provide for any development period. Such . contracts shallbe entered into only with organizations which have the. capacity to levy assessments upon all taxable real property located within their boundaries. Rates charged for commercial power and for water ior municipal, domestic or industrial use or for the use of facilities for the storage and/or delivery of such water shall be designed to return to the United States, within not more than, ?fty years 'from the completion of each unit of the project which serves those purposes, these costs of construct- ing, operating and maintaining that unit which are allocated to said purposes and interest on the unamortized balance of said? construction allocation and, in addition, within the period ?xed by subsection of this section, so much of. {qumuP-WMH '5 the irrigation allocation as is beyond the ability of the water users and their organizations to repay. The interest rate on the unamortized balance of the commercial power and municipal, domestic, and industrial water supply allocations shall be determined by the Score- tary of the Treasury, as of the beginning of the ?scal year in which construction is initiated, on the basis of-the com- puted average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for ?fteen years from the date of issue. SEO. 3. The Fryingpan-Arkansas project shall be operated under the direction of the Secretary in accordance with the Operating principles adopted by the State of Colo- rado on December 9, 1960, and reproduced in House Docu- ment numbered 130, Eighty-seventh Congress. The Secretary may appoint the two representatives of the United States to the Commission referred to in para- graph 19 of said principles and may, upon unanimous record- I mendation of the parties signatory to the operating principles, adopt such modi?cations therein as are not inconsistent with the provisions of this Act. Any and all bene?ts and rights of western Colorado :water' users in and to water stored in the Green Mountain "Res?erw?r, Colorado-Big Thompson project, as described, 10Arkan sasnItiver Basin. . . 5 set forth and de?ned in Senate Document Numbered 80, Seventy??fth Congress, shall not be impaired, prejudiced, abrogated, nulli?ed, or diminished in any manner whatever by reason of the authorization, constructiOn, operation, and maintenance of the Fryingpan-Arkansas project. ?Except for such rights as. are appurtenantto lands which are acquired fer project-pm'poses, no valid right to the storage or use of water within the. natural basin of the ,_Colorado River in the State of Colorado shall beacquired by the Secretary of the Interior through eminent domain proceedings for the purpose of storing or using outside of said hasin the Water embraced within that right, and no water, the right to the storage or use of which is so acquired by anyone other than the Secretary, shall be transported through or. by means of any marks of the Fryingpan: Ai?liansas project from the Colorado River Basin to the 5 .SEC. 4. The Secretary is authorized and directed (1) to investigate, plan, construct,. operate, and maintain public recreational. facilities on lands withdrawn or. acquired for the development of said'project, to. conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, (3) to provide for public use and enjoyment of the same and of the water areas created by thisproject bysuch means as are consistent with the par: 10 11 12 13 14 13 hecome national forest lands: Provided further, That theposesof said project, and (4) to investigate, plan, construct, operate, and maintain facilities for the conservation angl- development of ?sh and wildlife "resources. The Secretary is authorized to acquire lands and to withdraw public lands from entry or other disposition under the public land laws necessary for the construction, operation, and maintenance of the facilities herein provided, and to dispose of. them to Federal, State, and local governmental agencies by lease, transfer, exchange, or conveyance upon such terms and conditions as will best promote their development and op: eration in the public interest: Provided, That all lands- within the exterior boundaries of a national forest acquired for: recreational or other project purposes which are not deter- ~Inined by the Secretary of .the Interior to he needed for actual use in. connection with the reclamation works shall? Secretary of the Interior shall make his determination here- under within ?ve years after approval of this Act or, in the? case of individual tracts of land, within ?ve years after their- acquisition by the United States: And provided freeman-3 That the authority contained in this section shall not be ex; ercised by the Secretary of the Interior with respect to na- tional forest lands without the concurrence of the Secretary; of -Agriculture. . u. The costs,'including the Operation and maintenance; 8 costs, of the undertakings described in subsection of ?this section shall be nonreimbursable and nonreturnable under the reclamation laws. The funds appropriated for car- rying out the authorization contained in section 1 of this Act Shall, Withoutprejudice to the availability of other appro? priated moneys for the same purpose, also be available for carrying out the invesltigations and programs authorized in this section. 'The use of water diverted from the Cold- rado River system to the Arkansas River Basin through works constructed under authority of this Act shall be sub-Ii ject to and controlled by the Colorado River compact, the llpper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act, and the Mexican Water Treaty '(Treaty Series 994), and shall be included iivithin and shall 'in no way increase the total quantity of ?inter to the use of which the State of Colorado is entitled and limited under said compacts, statutes, and treaty, and Eta-y contract entered into under this Act for the storage, llS-B, and'delivery of' such water shall so recite. I All works constructed under authority of this? Act,- and all of?cers, employees, permittees, licensees, and con? tractees of the United States and of the State'.oi Colorado acting pursuant thereto, and all users and appropriators of - coon-J'mcnI-o-cowhi 25 9 water of the Colorado River system diverted or delivered through the works constructed under authority of this Act and any enlargements or additions thereto shall observe and be subject to said compacts, statutes, and treaty, as herein- before provided, in the diversion, delivery, and use of water of the Colorado :River system, and such condition and cove- nant shall attach as a'matter of law whether or not set out or referred to in the instrument evidencing such permit, li- cense, or contractand shall be deemed to be for the bene?t of and be available to the States of Arizona, California, Colo? rado, Nevada, New Mexico, Utah, and Wyoming and the usersof water therein or thereunder'by way'of suit, defense; "or otherwise in' any litigation respecting-the waters of the . - 3 Go'lor'ado River system. None. of the wat?ers'of the Colorado-Riverb'system :shall be 'iexporte'd from the natural basin (if-that system By means of ?wsnis sheer authority} or this: Act, or extensions and enlargements of such ass, to the Arkansas River Basin for censumptive use outside'mf' 'Ithe'istate of Colorado," and no *such .vvat'ers shall be: made available for 'consuijlptive?use in any 1State ndtvaipartv to the Colorado 'River compact-by exchange or substitution; nor shall the -- obligations 'of the State'of- Colorado under the provisions the Arkansas River compaCt (63 Stat 145) be altered by any operations of the Fryingpan?Arkansas project. Helm .16right or claim of right to the use of the waters of the Colorado River system shall be aidedor prejudiced by this Act, and the Congress does not, by its enactment, construe or interpret any provision of the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act, or the Mexican Water Treaty or subject the United States to, .or approve or disapprove any interpretation of, said compacts, statutes, or treaty, anything in this Act to the contrary. notwithstanding. In. the operation and maintenance of all facilities under the jurisdiction and supervision of the Secretary of the Interior authorized by this Act, the Secretary of the In? terior is directed to comply with the applicable provisions of the Colorado: River compact, the Upper Colorado River ?Basin compact,..the BoulderCanyon Project Act, the Boo]- ?der Canyon Project Adjustment Act, the Colorado River ?Storage Project'Act (and any contract lawfully entered into by the United States under any of said Aets) the? treaty- With the United Mexican States, and the operating ,prin-n ciples, andlto comply with the laws of the State oi Colorado: . relating to the control, appropriation, use, and distribution- 'of:_vvater therein. In the event of the failure of the Secretary of the Interior._ to so comply, any State of the Colorado?River; .Basin may, maintain an action in the Supreme Court of the *United States to enloroe the provisions agd oonsent is-givento the joindergof, the :United States as a party in such suit or suits, as a defendant or otherwise,? .-.-: ?ne. 6. The Secretary of' the lnteriomis glireeted to con- tinue. his; studies; of water ?IRiv?er system, to appraise its suitability for municipal, do: mestic, and industrial use and for irrigation in the various areas in the United States in which it is used or proposed to he used, to estimate the e?eet of additional developments involving its storage and use (Whether heretofore authorized or contemplated for authorization) on the remaining water available for use in the United States, to study all possible means of improving the quality of such water and of allevi- ating the ill e?eets thereof, and to report the results of his studies and estimates to the Congress .on January 3, 1963, and every two years thereafter, the expense of said studies to he no part of the ?nancial obligation of the Fryingpan- Arkansas project. SEC. 7. There is hereby authorized to be appropriated for construction of the Fryingpan-Arkansas project, the sum of $170,000,000 (June 1961 prices), plus or minus. such amounts, if any, as may be justi?ed by reason of ordinary ?uctuations in construction costs as indicated by engineering Cost. indexes applicable to the types of construction involved wasteland 12 herein. There are also authorized to be appropriated sueh - additional?sums as may be required for Operation and mainte? I'lanee 'of the projeet and for future costs incurred under see- tion 4 of this Act. Passed the House of Representatives June 13, 1962:? 'Aaest: - RALPH R. ROBERTS, . . - Cterlc.?