Salazar Unveils Proposed Water Storage Bill
By Chris Woodka, The Pueblo Chieftain, Colo.
Jan. 12–A new round of legislation on a plan to increase federal water storage capacity in the Arkansas Valley, possibly by enlarging Lake Pueblo, could be introduced in February.
U.S. Rep. John Salazar, D-Colo., is planning to introduce legislation in February, and a Southeastern Colorado Water Conservancy District committee plans to review his proposal in the meantime.
The proposed legislation is substantially different than earlier versions of a storage bill, authorizing $10 million for socioeconomic and environmental studies and banning future contracts between Reclamation and outside entities like Aurora, Sal Pace, Salazar’s district director, said Thursday.
Salazar’s proposal strips “Christmas ornaments” – intergovernmental agreements between various water users – from federal legislation, while satisfying Western Slope concerns addressed by a 2004 agreement.
By providing money for state studies, rather than federal studies, Salazar has attempted to deal with Colorado Springs’ concerns of federal interference in state water operations, Pace said.
The proposal still authorizes $4 million for the feasibility study of increasing storage options in the Fryingpan-Arkansas Project, but does not specifically mention Southeastern’s Preferred Storage Options Plan as the focus of that study. The feasibility study could not take place until state socioeconomic and environmental studies are complete.
“There have been accusations by some folks that the Congressman has obstructed or gotten in the way,” Pace said. “He doesn’t see it as getting in the way, but rather he has a particular vision.”
Pace said the draft legislation has changed nearly daily for the past five weeks as Salazar has met with key water advisers, and could still change before it is introduced in the House.
Meeting with Southeastern’s PSOP committee, Pace explained the legislation also would require the Bureau of Reclamation to use the Fryingpan-Arkansas Project strictly for the benefit of the Arkansas and Colorado river basins, as intended in 1962 authorizing legislation.
As written now, the bill would take away any authority of Reclamation to contract for any use of water outside the basins. The Colorado River is included because the original legislation provided for compensatory storage on the Western Slope to make up for depletions when water from the Fryingpan River watershed was diverted into the Arkansas River system.
“Aurora is now negotiating a 40-year excess capacity contract. I’m not sure of the time-frame for when that contract will be executed, but as you know, Congressman Salazar has objected to a 40-year lease,” Pace said.
The bill would still allow excess capacity contracts for uses within the Arkansas River basin.
The proposed bill includes language that says a state agency “such as Colorado State University-Pueblo” could conduct the studies under the proposed $10 million funding for the state.
Committee Chairman Harold Miskel, who is a member of the Colorado Water Conservation Board, questioned whether the CWCB could be considered as the agency to conduct the studies.
“Is he open to other agencies doing a study?” Miskel said.
“(Salazar) wanted to give the governments leeway in how the studies are conducted and the time frame,” Pace said. “He also wanted the separation from federal and state government to address Colorado Springs Utilities concerns.”
In past committee meetings, there had been suggestions to remove references to IGAs negotiated in 2003 and 2004 between water users, and there were arguments for and against including the IGAs, Miskel noted.
Salazar believes it is inappropriate to tie state or local agreements to federal legislation, Pace said.
Southeastern still has to refer legislation to its attorneys to see how past Reclamation contracts and IGAs would be affected by the new legislation, Miskel said.
Communities that have indicated specific interest in PSOP also need time to study the new bill, Miskel said.
The PSOP committee will meet in early February to discuss the legislation.
“We, the district, are interested in finding a solution,” Miskel said.
For copies or to comment on the proposed legislation, e-mail Sal Pace at sal.pace@mail.house.gov .
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Copyright (c) 2007, The Pueblo Chieftain, Colo.
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