[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 538 Enrolled Bill (ENR)]

        S.538

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
To authorize the Secretary of the Interior to convey certain facilities 
of the Minidoka project to the Burley Irrigation District, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONVEYANCE OF FACILITIES.

    (a) Definitions.--In this section:
        (1) Burley.--The term ``Burley'' means the Burley Irrigation 
    District, an irrigation district organized under the law of the 
    State of Idaho.
        (2) Division.--The term ``Division'' means the Southside 
    Pumping Division of the Minidoka project, Idaho.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
    (b) Conveyance.--
        (1) In general.--The Secretary shall, without consideration or 
    compensation except as provided in this section, convey to Burley, 
    by quitclaim deed or patent, all right, title, and interest of the 
    United States in and to acquired lands, easements, and rights-of-
    way of or in connection with the Division, together with the 
    pumping plants, canals, drains, laterals, roads, pumps, checks, 
    headgates, transformers, pumping plant substations, buildings, 
    transmission lines, and other improvements or appurtenances to the 
    land or used for the delivery of water from the headworks (but not 
    the headworks themselves) of the Southside Canal at the Minidoka 
    Dam and reservoir to land in Burley, including all facilities used 
    in conjunction with the Division (including the electric 
    transmission lines used to transmit electric power for the 
    operation of the pumping facilities of the Division and related 
    purposes for which the allocable construction costs have been fully 
    repaid by Burley).
        (2) Costs.--The first $80,000 in administrative costs of 
    transfer of title and related activities shall be paid in equal 
    shares by the United States and Burley, and any additional amount 
    of administrative costs shall be paid by the United States.
    (c) Water Rights.--
        (1) Transfer.--(A) Subject to subparagraphs (B) and (C), the 
    Secretary shall transfer to Burley, through an agreement among 
    Burley, the Minidoka Irrigation district, and the Secretary, in 
    accordance with and subject to the law of the State of Idaho, all 
    natural flow, waste, seepage, return flow, and groundwater rights 
    held in the name of the United States--
            (i) for the benefit of the Minidoka Project or specifically 
        for the Burley Irrigation District;
            (ii) that are for use on lands within the Burley Irrigation 
        District; and
            (iii) which are set forth in contracts between the United 
        States and Burley or in the decree of June 20, 1913 of the 
        District Court of the Fourth Judicial District of the State of 
        Idaho, in and for the County of Twin Falls, in the case of Twin 
        Falls Canal Company v. Charles N. Foster, et al., and commonly 
        referred to as the ``Foster decree''.
        (B) Any rights that are presently held for the benefit of lands 
    within both the Minidoka Irrigation District and the Burley 
    Irrigation District shall be allotted in such manner so as to 
    neither enlarge nor diminish the respective rights of either 
    district in such water rights as described in contracts between 
    Burley and the United States.
        (C) The transfer of water rights in accordance with this 
    paragraph shall not impair the integrated operation of the Minidoka 
    Project, affect any other adjudicated rights, or result in any 
    adverse impact on any other project water user.
        (2) Allocation of storage space.--The Secretary shall provide 
    an allocation to Burley of storage space in Minidoka Reservoir, 
    American Falls Reservoir, and Palisades Reservoir, as described in 
    Burley Contract Nos. 14-06-100-2455 and 14-06-W-48, subject to the 
    obligation of Burley to continue to assume and satisfy its 
    allocable costs of operation and maintenance associated with the 
    storage facilities operated by the Bureau of Reclamation.
    (d) Project Reserved Power.--The Secretary shall continue to 
provide Burley with project reserved power from the Minidoka 
Reclamation Power Plant, Palisades Reclamation Power Plant, Black 
Canyon Reclamation Power Plant, and Anderson Ranch Reclamation Power 
Plant in accordance with the terms of the existing contracts, including 
any renewals thereof as provided in such contracts.
    (e) Savings.--
        (1) Nothing in this Act or any transfer pursuant thereto shall 
    affect the right of Minidoka Irrigation District to the joint use 
    of the gravity portion of the Southside Canal, subject to 
    compliance by the Minidoka Irrigation District with the terms and 
    conditions of a contract between Burley and Minidoka Irrigation 
    District, and any amendments or changes made by agreement of the 
    irrigation districts.
        (2) Nothing in this Act shall affect the rights of any person 
    or entity except as may be specifically provided herein.
    (f) Liability.--Effective on the date of conveyance of the project 
facilities, described in section (1)(b)(1), the United States shall not 
be held liable by any court for damages of any kind arising out of any 
act, omission, or occurrence relating to the conveyed facilities, 
except for damages caused by acts of negligence committed by the United 
States or by its employees, agents, or contractors prior to the date of 
conveyance. Nothing in this section shall be deemed to increase the 
liability of the United States beyond that currently provided in the 
Federal Tort Claims Act (28 U.S.C. 2671 et seq.).
    (g) Completion of Conveyance.--
        (1) In general.--The Secretary shall complete the conveyance 
    under subsection (b) (including such action as may be required 
    under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
    et seq.)) not later than 2 years after the date of enactment of 
    this Act.
        (2) Report.--The Secretary shall provide a report to the 
    Committee on Resources of the United States House of 
    Representatives and to the Committee on Energy and Natural 
    Resources of the United States Senate within eighteen months from 
    the date of enactment of this Act on the status of the transfer, 
    any obstacles to completion of the transfer as provided in this 
    section, and the anticipated date for such transfer.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.