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Programs are Authorized in Federal Law Enactment of Public Laws 106-392 and 107-375 Provide Construction Authorities and Ongoing O&M Funding for the San Juan River and Upper Colorado River Recovery Programs. Continuing success of both Recovery Programs depends on obtaining sufficient funding to implement recovery actions such as those identified in the Upper Colorado River Endangered Fish Recovery Action Plan. Public Law (P.L.) 106-392, signed on October 30, 2000, authorizes the u.s. Bureau of Reclamation (USBR) to provide cost sharing for capital construction projects for the Upper Colorado River and San Juan River Recovery Programs. Non-Federal cost-sharing funds are provided by the Upper Basin States (Colorado, New Mexico, Utah, and Wyoming); and by water users and Colorado River Storage Project (CRSP) power users. P.L. 107-375, signed on December 19,2002, extends the authorization period for the Secretary of Interior to complete the capital construction projects (and to expend non-Federal funds) from 2005 to 2008 for the Upper Colorado River Program and from 2007 to 2008 for the San Juan River Program. Pursuant to this Federal authorization, the Programs' capital construction costs are not to exceed $100 million: $82 million for the Upper Colorado River Program and $18 million for the San Juan River Program. P.L. 106-392 recognizes the contribu- tion of $ 20 million that has been incurred as a portion of replacement power costs due to modified operations at the CRSP power facilities and the capital cost of water storage in Wolford Mountain Reservoir (Colorado) to benefit the endangered fishes. Established Cost-sharing of Capital Construction for the Upper Colorado and San Juan Recovery Programs Upper Colorado Recovery Program .................... $ 82 million San Juan Recovery Program ............................... $ 18 million Total $100 million Sources of Revenue (Cost-sharing) Federal Congress: $ 46 million Non-Federal Power Revs: $ 17 million States: $ 17 million Water & Power: $ 20 million Total $ 54 million Total $ 46 million Base Program (O&M) Funding P.L. 106-392 also provides up to $6 million per year (adjusted annual- ly for inflation) of CRSP power revenues for base (non-capital) fund- ing for the two Recovery Programs. Through 2011, annual "base" funding of up to $4- million may be provided for the Upper Colorado Program and up to $2 million may be provided for the San Juan Program. After 20 II, CRSP power revenues may be used only to oper- ate and maintain the capital projects and for monitoring, unless Congress authorizes additional funding. In the event there are insuffi- cient funds in the Upper Colorado Basin Fund to meet Western Area Power Administration (WAPA) and USBR obligations under the CRSP Act of 1956 for a three-year period, WAPA and the USBR shall request appropriations to meet base funding obligations. 8 Capital Funding The four participating States and CRSP power revenues each are contributing $17 million for these projects. State Funding The States' ongoing financial participation in these efforts has been funded through several unique and creative means. In Colorado, HB 98-1006 created the Native Species Conservation Trust Fund, through which an annual "Species Conservation Eligibility List:' submitted by the Department of Natural Resources, is approved by a joint resolution of the General Assembly. The New Mexico Legislature has chosen to appropriate funds into the State's "operating reserve:' thus making them available at any time and not tied to a specific calendar year. Application of the funds is subject to approval by the New Mexico Interstate Stream Commission. Cost-sharing by the Four Participating States Upper Colorado River San Juan Rec. Program Rec. Program Colorado $ 9.146 M $ 8.065 M $ 1.081 M Utah 3.422 M 3.422 M 0.000 M New Mexico 2.744 M 0.000 M 2.744 M Wyoming 1.688 M 1.688 M 0.000 M Total $ 17.000 M Total $ 13.175 M Total $ 3.825 M The Wyoming State Legislature appropriated its funding share during its 1998 and 1999 sessions. The Utah State Legislature has pursued a twofold approach by creating in 1997 a restricted Species Protection Account within the General Fund, which receives revenue generated by the Brine Shrimp Royalty Acts' brine shrimp tax and by the dedica- tion in 2000 of 1/ 16th of one cent of the Utah sales tax to water devel- opment projects such as the Upper Colorado River Program. Power Revenues The Secretary of Energy, acting through the WAPA, is authorized to use up to $1 7 million of CRSP power revenues for capital projects. These revenues are treated as a non-Federal contribution, but are reim- bursable costs assigned to power for repayment under section 5 of the CRSP Act. P.L. 106-392 requires that the power revenue and State funding match on a rolling two-year basis. Power revenue funding may be provided in part from loan(s) provided to WAPA from the Colorado Water Conservation Board's Construction Fund, as permitted by the Programs' Federal authorizations. 2003-2004 Program Highlights