S1578DEC16

TheWeekInCongress.com

Week Ending December 16, 2005

S.1578 A bill to reauthorize the Upper Colorado and San Juan River Basin endangered fish recovery implementation programs.

BRIEF

The bill authorizes spending by the Secretary of Interior to implement capital projects for recovery of endangered fish in the Upper Colorado River Basin and the San Juan River.

Sponsor: Senator Wayne Allard (CO)

Vote: Passed Senate by Unanimous Consent December 16, 2005

Cost to the taxpayers: Up to $125 million. “Under current law, $46 million is authorized to be appropriated through 2008 for the construction of capital projects in both basins. Enacting S. 1578 would extend the authorization for both programs through 2010 and increase the authorization of appropriations to $61 million for construction projects. CBO estimates that implementing S. 1578 would cost $12 million over the 2008-2010 period, assuming appropriation of the authorized amount.”

MORE INFORMATION

The Upper Colorado River Endangered Species Recovery Program was established in 1988 and the San Juan River Basin Recovery Implementation Program was established in 1992. The goal of both programs is to recover endangered fish in the respective basins. In 2000, the Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Act was enacted (Public Law 106-392). The Act authorized the Bureau of Reclamation (hereinafter `Bureau') to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins. Activities undertaken by the programs provide compliance with the Endangered Species Act as required for the operation of more than 800 Federal and non-Federal multi-purpose projects which provide more than 2.5 million acre-feet of water per year. Due to increased construction and property acquisition costs, the amounts authorized to be appropriated for the program are no longer adequate to fulfill the program goals. The termination of authority for capital construction projects date is 2008. Program participants are concerned that, in its multi-year planning, the administration will not include the program in its budget request which would require a large increase in the Bureau's 2008 budget. Additionally, projects currently underway cannot be completed by the program termination date of 2008. For this reason, the program participants have sought an extension of authority though 2010.

During the consideration of Public Law 106-392, it was anticipated that the value of lost power revenues that would have gone to meet endangered fish needs was approximately $15 million. Congress recognized this as a non-Federal cost share in Public Law 106-392. However, the original estimate has been exceeded. The estimated lost revenue to the Western Area Power Administration is $22.1 million, $7.1 million more than was originally estimated. Program participants have requested that $7.1 million in lost power revenues be recognized as non-Federal cost share, as in the original authorizing legislation.

The planned enlargement of Elkhead Reservoir would provide an additional 5,000 acre-feet of water per annum for use by the program to provide flows for endangered species. According to program participants, the program plans to lease up to 2,000 acre-feet of water per year from the Colorado River Water Conservation District at a rate of $50 per acre-foot per annum, paying only for the water actually leased in a given year. On average, the lease is expected to be 500 acre-feet of water per year at a cost of $25,000. The amortized cost of providing 2,000 acre-feet of water per year of storage in Elkhead Reservoir is $110 per acre-foot of water per year, or $220,000 per year, resulting in a non-Federal cost share to the Program of $195,000 per year for 20 years, for a total of $3.9 million. This is in addition to the $5.0 million that was recognized in Public Law 106-392 as a water user cost share as a result of releases from Wolford Mountain Reservoir.

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