[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4389 Enrolled Bill (ENR)]
H.R.4389
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To direct the Secretary of the Interior to convey certain water
distribution facilities to the Northern Colorado Water Conservancy
District.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) Contract.--The term ``contract'' means the contract between
the United States and the Northern Colorado Water Conservancy
District providing for the construction of the Colorado-Big
Thompson Project, dated July 5, 1938 (including any amendments and
supplements).
(2) District.--The term ``District'' means the Northern
Colorado Water Conservancy District.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Transferred water distribution facilities.--The term
``transferred water distribution facilities'' means the North
Poudre Supply Canal and Diversion Works, also known as the Munroe
Gravity Canal, the Charles Hansen (Supply) Canal and Windsor
Extension, and the Dixon Feeder Canal, all of which are facilities
of the Colorado-Big Thompson Project located in Larimer County,
Colorado.
SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBUTION FACILITIES.
(a) In General.--The Secretary shall, as soon as practicable after
the date of the enactment of this Act and in accordance with all
applicable law, convey to the District all right, title, and interest
in and to the transferred water distribution facilities.
(b) Sale Price.--
(1) In general.--The Secretary shall accept $150,315 as payment
from the District and $1,798,200 as payment from the power
customers under the terms specified in this section, as
consideration for the conveyance under subsection (a). Out of the
receipts from the sale of power from the Loveland Area Projects
collected by the Western Area Power Administration and deposited
into the Reclamation fund of the Treasury in fiscal year 2001,
$1,798,200 shall be treated as full and complete payment by the
power customers of such consideration and repayment by the power
customers of all aid to irrigation associated with the facilities
conveyed under subsection (a).
(2) No effect on obligations and rights.--Except as expressly
provided in this Act, nothing in this Act affects or modifies the
obligations and rights of the District under the contract.
(3) Payments.--Except as provided in subsection (c), the
District shall continue to make such payments as are required under
the contract.
(c) Credit Toward Project Repayment.--Upon payment by the District
of the amount authorized to be accepted from the District under
subsection (b)(1), the amount paid shall be credited toward repayment
of capital costs of the Colorado-Big Thompson Project in an amount
equal to the associated undiscounted obligation for repayment of the
capital costs.
SEC. 3. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the transferred water distribution facilities under this
Act, the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence based on any prior
ownership or operation by the United States of the conveyed property.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.