[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 538 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                 S. 538

_______________________________________________________________________

                                 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.

            Passed the Senate June 25, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                 S. 538

_______________________________________________________________________

                                 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.