---830 CONGRESS lsTSEss10N
MAY 6, 1954
S.964
IN THE SENATE OF THE UNITED STATES
FEBRUARY 16, 1953Mr. MILLIKIN ( for himself and Mr. JOHNSON of Colorado) introduced the following bill; which was read twice and referred to the Committee on Interior and Insular A.ff airs
[Omit the part struck through and insert Lhe part printed in italic]
A
BILL
'J.10 authorize the construction, operation, and maintenance by the Secretary of the Interior of the Fryingpan-Arkansas project, Colorado.
1 Be it enacted by the Senate and House of Representa
-2 tives of the United States of America in Congress assembled, 3 That, for the purpose of supplying water for ini.gation, mu -4 nicipal, domestic, and industrial uses, generating and trans -5 mitting hydroelectric power a11d energy, controlling floods, 6 providing for the preservation and propagation of fish and 7 wildlife and preserving and improving recreational opportuni-8 ties, and for other useful and beneficial purposes, the
1 tnry of the Interior, acting pnr uant to the Federal reclama-2 tion lnw~, 4\ct of Jnne 17, 1902 (32 Rtat. 388), and Act 3 amendntory thereof or supplrmentary thereto, as far as tho e 4 laws nrr uot incon~isteut with the proyision of thi Act, 5 nud .... nhject to tlw apportionments of the use of water fixed 6 in the Colorado l{iYer Compact and the Upper Colorado
7 RiYer Ba"in Compact and to the term ... of the Boulder Can-8 yon Projeet Act, and to the term of the l; nited State -9 )Iexico "\Yater Treaty of 1944 (Treaty Serie. 994), is 10 hereh:v authorized to construct, opernte, and maintain the 11 l?ryingpau-4\.rkanF-as project, Colorado, in substantial accord-12 ance with the engineering plans therefor . ct forth in Senate 13 Docmuent Xnmhcred 106, Eighty- ecoll(l Congre s, second 14 :,;es:--iou. hnt with '-ll<'h modification:-. of, omission. from, or 15 addition:-. to tht' works therein tlc .... crihed a" the Secretary l6 mny, from time to time, find nece sary or proper for ac-17 c·omplishi11g the ohjedives of the projeet,-ttt:td
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acc01·d 18 ~ ttls&; wi+lt 1·ec·ommendntiorn1 lette1·etl E {-e If, inclu19 ~ st4 Hffi-h fflt poget, ~ ttttd ~ Af #ttlf donm It'll t. 20
21 twe rt'pn:'',PHtntiYe:; 6f the ruited HtRtCL,
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1 Commission: Pnn.:ideil, ~ Htt:elt rerommendatio11s ftre
2 B:lftde tHta a:dopted
ey
Sttffi Commission tit conformity te tl-w·3 provisions &f l)tn·t1gmph -l-+ et Mid operating prinripleA set
4 ffirth oo- p-age .g.g.
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Heml:te Donunent Nmnhered -1-06,5 Eighty serond Congress, second session.
6 SEO. 2. ( a) Contracts to repay that JJortion of the cost
7 of the F'ryin.r;pan-Arkansas project 1,1hich is allocated to 8 irrigation and assigned to be repaid by irrigation water
9 users ( e:rclusive of such portion of said cost as may bP
10 derived from temporary i.caia supply contracts 01· from 11 other sources) shall be entered into pu1'suant to subsection 12 (d), section 9, of the Reclamation Project Act of 1939 (53 13 Stat. 1187) and may provide that the general repayment
14 obligation shall be spread in annual iwstalhnents, in number
15 and amounts satisfactory to the Secretary, over a pe1·iod of
16 not more than seventy yem·s, which period shall be
inclu-17 sive of any permissible development pe1·iod, for any project
18 contract unit 01· for any irl'igation block, if the project con -19 tract unit be divided into two 01· mm·e irrigatioll bloch'8.
20 (b) X otwithstanding any provision of law to the con
-21 trary, net revenues derived from the sale of conimacial
22 power and from the furnishing of wata for miwicipal,
23 domestic, and industrial use shall fi1·st be applied to the
24 amortization, with interest, of those pol'tions of the actual
1·e-1 spectively, to commercial power and to municipal, domestic,
2 and industrial water supply and shall thereafter be applied
3 to amortization of that po1'iion of said actual cost which is 4 allocated to irrigation but which
is
beyond the ability of the5 irrigation water users to return during the period
herein-6 before specified. The interest rate on the unamortized balance 7 of the commercial power and the municipal, domestic, and
8 industrial water supply allocations shall be equal to the
9 average rate ( which rate shall be certified by the Secretm'y
10 of the Treasury) paid by the United States on its long-term
11 loans outstanding on the date of this .Act.
12 ( c) No part of the specific municipal water-supply
13 systems described in Senate Document Numbered 106,
14 Eighty-second Cong1·ess, shall be constructed by the Secretary
15 in the absence of evidence satisfactory to him that it would
16 be infeasible for the communities involved to consl'ruct such
17 works themselves, singly 01· jointly. In the event it
is
de-18 termined that such facilities are to be constructed- b-g- tlie
19 Secretm'y, a contract providing, among other things, for
20 payment of the actual cost thereof with interest and
repay-21 ment period as hereinbef ore provided, and as rapidly as
is
22 consistent with the contracting parties' ability to pay, and23 for assumption by the contracting party 01· parties of the
24 care, operation, maintenance, and replacement of the works 25 shall be a condition precedent thereto.
----1 ( d) No contract · f
07:
a supplemental water ·su;pply for 2 irrigation under this Act shall contain any restrictionsre-3 · specting the right to receive such supply based upon
owner-4 ship of irrigable lands, 1101· shall the excess land provisions of
5 the Federal reclamation laws be applicable to lands served ·by
6 the Fryingpan-Arkansas project which now have an
irriga-7 tion supply from sources other than a Federal reclamation
8 project. . - n
9" SEa. 3. The Fryingpan-Arkansas project shall be
oper-10 ated under the direction of the Secretary of· the Interior
·
in
11 accordance with the·· operating principles set forth -on pages
12 20-23 of Senate Document Numberea 1(}6-, Eighty::.seconil
13 Congress: The Secretary may appoint the two representatives
14 of the United States to the Commission referred to in
para-15 graph 17 of said principles and may adopt modification •
16 thereof upon the recommendation of the Commission:
Pro-17 vided, That such recommendations are made and adopted by
18 said Commission in conformity to the provisions of paragraph
i
9 17 of said operating principles. ·c:
20 SEC. 3 4. Any and all benefits and rights of western CoIO:.
21 rado ·water users in and to water stored in the Green Moun-22 tain Reservoir, Colorado-Big Thompson project, as describe&,
23 set forth and defined in Senate Document Numbered
80~
·24 Seventy-fifth Congress, first session,· shall not be impaired;1
1 prejudiced, abrogated, nullified, or diminished
in
lllly manner2 whatever by .reason of the authorization, construction,
opera-3 tion, and maintenance of the Fryingpan-Arkansas project
4 authorized by this .A.ct.
5 Soo. 4
5.
Any provision of law to the contrarynotwifu-- 6 standing, the project heTein authorized shall be operated in
· 1 · snch a manner that those
in
eastem Colorado using project8 water imported from the Colorado River Basin for domestic
·-9·· · purposes shall have preference over thos.e claiming or using
10 the water for any other purpose.
11 SEc. ~ 6. The Secretary is authorized to plan, construct,
12 operate, and maintain public recreational facilities on lamfs
13 withdrawn or acquired foT the development of the
Fryingpan-14 Arkansas project, to conserYe the scenery, the natural,
his-15 toric, and archeologic objects, and the wildlife on said lands, 16 and to provide for public use and enjoyment of the same and
17 of the water areas created by these projects by such means
.18 as are· consistent with the prima1·y pnrposes of said project
19 and to mitigate losses of and improve conditions for the
20 propagation of fish and wildlife in connection with the
de-21 velopment of the Fryingpan-1!rkansas project. 'fhe
Secre-22 tary is authorized to acquire lands and to withdraw public
28 lands from entry or other disposition under the public land
24 laws foi· the construction, operation, and maintenance of
t to dispo e of them to Federal, State, and local governmental 2 agencies by lease, transfer, exchange, or conveyance, upon 3 uch terms and conditions as will be t promote their develop-4 ment and operation in the public intere t. The cost , includ-5 ing the operation and maintenance co t of all aid under-6 takings hall be nonreimbur able and nonreturnable under 7 the reclamation law , and fund appropriated for carrying out
s
the authorization contained in . ection 1 of this .A.ct shall, 9 without prejudice to the availability of other appropriated 10 moneys for the srune purp~e, al o be available for carrying 11 out the inve tigation and program authorized in this section.12 SEC. 7. ( a) The use of water diverted from the Ooloraao
13 River to the Arkansas River Basin through works constructed
14 under authorit!I of this Act shall be subject to and controlled
15 by the Colorado River Corn pact, the Upper Colorado River
16 Basin Compact, the Boulder Canyon Project Act, and the
17 Mexican Water Treaty (Treaty Series 994), as hereinbefore
18 provided, and shall be included within and shall in no way
19 increase the total quantity of water to the use of which the
20 State of Colorado is entitled and limited under said compacts,
21 statute, and treaty, and every contract entered into under thi3 22 Act for the storage, use, and delivery of $UCh water shall so
23 reciu.
24 (b) All works constructed under authority of this Act,
con-1 tractees of the United States and of the State of Colorado 2 acting pursuant thereto, and all users and appropriators of 3 water of the Colorado River system diverted or delivered
4 through the works constructed under authority of this Act
· 5 and any enlargemenf,S or additions thereto shall observe and
6 be subject to said compacf,S, statute, and treaty, as
hereinbe-7 fore provided, in the diversion, delivery, and use of water-of
8 the Colorado system, and such condition and covenant shall
9 attach as a matter of law whether or not set out or ref erred to
10 in the instrument evidencing such permit, license, or contract
11 and shall be deemed to be for the benefit of and be available
12 to the States of Arizona, California, Colorado, Nevada, New 13 Mexico, Utah, and Wyoming and the users of water therein 14 or thereunder by way of suit, defense, or otherwise in any 15 litigation respecting the waters of the Colorado River system. 16 ( c) None of the waters of the Colorado River system
17 shall be expo1·ted from the natural basin of that system by
18 means of works constructed unde1· authority of this Act, or 19 extensions and enlargemenf,S of such works, to the Arkansas
20 River Basin for consumptive use outside of the State of
-21 Colorado, and no such waters shall be made available for
22 consumptive use in any State not a party to the Colorado
2
3 River Compact by exchange or substitution or,
as
far as 24 the same is controllaole {firough" the operation of works herein25 or hereafter authorized, by use of return fiow.
-1 ( d) No right or cl ai?n of right to the use of the waters 2 of the Colorado River system shall be aided or p1'ejudiced
3 by thi8 Act, and the Congress does not, by its enactment,
4 construe or interpret any provision of the Colorado River 5 Compact, the Upper Colorado River Basin Compact, the 6 Boulder Canyon Project Act, 01' the Jfexican Water Treaty
7 or subject the United States to, 01' approve or disapprove
8 any intepretation of, said compacts, statute, 01' treaty,
any-9 thing in this Act to the contrary notwithstanding.
10 SEC. G 8. There are hereby authorized to be
appro-l appro-l priated, out of any moneys in the Treasury not otherwise
12 appropriated, such sums as may be necessary to carry out
13 the purpo e of this .Act ~
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OOffitttttt theFeto, ~ frn·thef14 SttmS as HiftiY
he
neeesStU·y fu¥ the continued investigation,15 as set ffifth
m
Reeommendation M, page ~ Senate Doeu16
mem
Nfilflbered ~ Eighty seeond Congi-ess, secondses-17 sie&,-
