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CWCB, COMPARISON OF FRY-ARK FEASIBILITY AND CONTRACT AUTHORIZATION BILLS, by SR Miller, 5/11/07 Provision Feasibility Study Excess Capacity Contracts Additional Study Colorado River Protections Additional Provisions . HR1833, Rep. Salazar Sec. 1: Authorizes Reclamation to conduct $4 million study "to determine the most feasible method of meeting present and, future water supply and related requirements within the area ...including potential enlargement of Fry-Ark facilities." Requires 50% non-federal match. Sec. 2: Bars contracts with out-of-basin entities Sec. 5: Authorizes Reclamation to enter in to excess capacity storage and conveyance contracts for nonproject water only for in-basin uses. Sec. 3: Authorizes Reclamation to provide $10 million to State of Colorado to conduct a study" to identify the cumulative impacts of past, current, or proposed transfers of water from the Arkansas and Colorado River basins 'to'communities not'locatealn the-natural basins 6fthe'Arkansas-or-the- - Colorado River, and from agriculturally based communities within the Arkansas River basin to expanding municipalities within the Arkansas River basin." Study also to propose mitigation options. . Evaluation criteria based on 1982 - present hydrology, and to include: · environmental and recreational impacts · socio-economic effects, including environmental justice · Fountain Cr. return flow water quality and flood potential impacts · Roaring Fork streamflows Completion of study is precondition to any enlargement of Fry-Ark facilities. Sec. 4: Expanded capacity and contracts not to be used to increase West Slope diversions unless one of the following met: · pursuant to decree existing on date this bill becomes law · pursuant to existing or future agreement with CRWCD · compensatory storage or equivalent alternate supply provided · Interior and Congressional review required No similar provisions. HR2277, Rep. Lamborn Sec, 2: Authorizes Reclamation to conduct $4 million study "to determine the most feasible method of meeting present and future water supply and related requirements within the area ...including potential enlargement of Fry-Ark facilities." Requires Reclamation to consider existing PSOP Studies, May 2004 IGA, and Arkansas River Compact compliance in its evaluation. Requires SECWCD to pay 50% of study cost with allowance for in-kind and previous study expenditures. Sec. 3: Amends PL87-500 (Fry-Ark original authorization) with several new sections regarding excess capacity contracts for both in and out-of basin users if consistent with PSOP and existing IGAs. · Contains protections for all pre-existing rights and contracts, as well as preference for new in-basin contracts. SECWCD has right-of-first refusal as to space requests by out-of basin users. · Contains Colorado River protections based on existing decrees and future agreements with CRWCD. · Establishes procedure for setting storage charges and use of revenue for repayment. · New Sec. 9 specifically authorizes contracts with Aurora with further limitations that water must be available pursuant to pre 2001 decrees, leases, or applications. Aurora required to participate in minimum flow [target 100cfs below Pueblo Dam] and water quality monitor and management programs. No similar provision. new Sec. 12: Contains the identical provisions as Sec. 4 of HR1833. new Sec. 10: Provisions for crediting new revenue and creating a new account within Reclamation for benefit of project expansion once original repayment completed. new Sec. 11: Exemption from Reclamation Reform Act limits for nonproject water, unless commingled with project water. Flood Protection · Water Supply Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation and Drought Planning . .