[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2350 Reported in Senate (RS)]






                                                       Calendar No. 927
106th CONGRESS
  2d Session
                                S. 2350

                          [Report No. 106-478]

To direct the Secretary of the Interior to convey certain water rights 
                        to Duchesne City, Utah.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2000

Mr. Hatch (for himself and Mr. Bennett) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

            October 3 (legislative day, September 22), 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Interior to convey certain water rights 
                        to Duchesne City, Utah.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Duchesne City Water Rights 
Conveyance Act''.</DELETED>

<DELETED>SEC. 2. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, 
              UTAH.</DELETED>

<DELETED>    (a) Conveyance.--The Secretary of Interior, subject to 
subsection (b), shall convey to Duchesne City, Utah, or a water 
district created by Duchesne City, all right, title, and interest of 
the United States in and to those water rights appropriated under the 
laws of the State of Utah by the United States Indian Service and 
identified as Water Rights Nos. 43-180 (Certificate No. 1034) and 43-
203 (Certificate No. 1056) in the records of the State Engineer of 
Utah.</DELETED>
<DELETED>    (b) Required Terms.--</DELETED>
        <DELETED>    (1) In general.--As terms of any conveyance under 
        subsection (a), the Secretary shall require that Duchesne City, 
        a water district created by Duchesne City, or their successors 
        or assigns--</DELETED>
                <DELETED>    (A) shall allow the Ute Indian Tribe of 
                the Uintah and Ouray Reservation, its members, and any 
                person leasing or utilizing land that is held in trust 
                for the Tribe by the United States and is located 
                within the Duchesne City water service area (as such 
                area may be adjusted from time to time), to connect to 
                the Duchesne City municipal water system;</DELETED>
                <DELETED>    (B) shall not require such Tribe, members, 
                or person to pay any water impact or connection fee for 
                such connection; and</DELETED>
                <DELETED>    (C) shall not require such Tribe, members, 
                or person to deliver or transfer any water or water 
                rights for such connection.</DELETED>
        <DELETED>    (2) Limitation.--Paragraph (1) shall not be 
        construed to prohibit Duchesne City, a water district created 
        by Duchesne City, or their successors or assigns, from charging 
        any person that connects to the Duchesne City municipal water 
        system pursuant to paragraph (1) reasonable and customary fees 
        to recover costs of the operation and maintenance of the water 
        system to treat, transport, and deliver water to the 
        person.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Duchesne City Water Rights 
Conveyance Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In 1861, President Lincoln established the Uintah 
        Valley Reservation by Executive order. The Congress confirmed 
        the Executive order in 1864 (13 Stat. 63), and additional lands 
        were added to form the Uintah Indian Reservation (now known as 
        the Uintah and Ouray Indian Reservation).
            (2) Pursuant to subsequent Acts of Congress, lands were 
        allotted to the Indians of the reservation, and unallotted 
        lands were restored to the public domain to be disposed of 
        under homestead and townsite laws.
            (3) In July 1905, President Theodore Roosevelt reserved 
        lands for the townsite for Duchesne, Utah, by Presidential 
        proclamation and pursuant to the applicable townsite laws.
            (4) In July 1905, the United States, through the Acting 
        United States Indian Agent in Behalf of the Indians of the 
        Uintah Indian Reservation, Utah, filed 2 applications, 43-180 
        and 43-203, under the laws of the State of Utah to appropriate 
        certain waters.
            (5) The stated purposes of the water appropriation 
        applications were, respectively, ``for irrigation and domestic 
        supply for townsite purposes in the lands herein described'', 
        and ``for the purpose of irrigating Indian allotments on the 
        Uintah Indian Reservation, Utah, . . . and for an irrigating 
        and domestic water supply for townsite purposes in the lands 
        herein described''.
            (6) The United States subsequently filed change 
        applications which provided that the entire appropriation would 
        be used for municipal and domestic purposes in the town of 
        Duchesne, Utah.
            (7) The State Engineer of Utah approved the change 
        applications, and the State of Utah issued water right 
        certificates, identified as Certificate Numbers 1034 and 1056, 
        in the name of the United States Indian Service in 1921, 
        pursuant to the applications filed, for domestic and municipal 
        uses in the town of Duchesne.
            (8) Non-Indians settled the town of Duchesne, and the 
        inhabitants have utilized the waters appropriated by the United 
        States for townsite purposes.
            (9) Pursuant to title V of Public Law 102-575, Congress 
        ratified the quantification of the reserved waters rights of 
        the Ute Indian Tribe, subject to re-ratification of the water 
compact by the State of Utah and the Tribe.
            (10) The Ute Indian Tribe does not oppose legislation that 
        will convey the water rights appropriated by the United States 
        in 1905 to the city of Duchesne because the appropriations do 
        not serve the purposes, rights, or interests of the Tribe or 
        its members, because the full amount of the reserved water 
        rights of the Tribe will be quantified in other proceedings, 
        and because the Tribe and its members will receive substantial 
        benefits through such legislation.
            (11) The Secretary of the Interior requires additional 
        authority in order to convey title to those appropriations made 
        by the United States in 1905 in order for the city of Duchesne 
        to continue to enjoy the use of those water rights and to 
        provide additional benefits to the Ute Indian Tribe and its 
        members as originally envisioned by the 1905 appropriations.

SEC. 3. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, UTAH.

    (a) Conveyance.--The Secretary of the Interior, as soon as 
practicable after the date of the enactment of this Act, and in 
accordance with all applicable law, shall convey to Duchesne City, 
Utah, or a water district created by Duchesne City, all right, title, 
and interest of United States in and to those water rights appropriated 
under the laws of the State of Utah by the Department of the Interior's 
United States Indian Service and identified as Water Rights Nos. 43-180 
(Certificate No. 1034) and 43-203 (Certificate No. 1056) in the records 
of the State Engineer of Utah.
    (b) Required Terms.--
            (1) In general.--As terms of any conveyance under 
        subsection (a), the Secretary shall require that Duchesne 
        City--
                    (A) shall allow the Ute Indian Tribe of the Uintah 
                and Ouray Reservation, its members, and any person 
                leasing or utilizing land that is held in trust for the 
                Tribe by the United States and is located within the 
                Duchesne City water service area (as such area may be 
                adjusted from time to time), to connect to the Duchesne 
                City municipal water system;
                    (B) shall not require such tribe, members, or 
                person to pay any water impact, connection, or similar 
                fee for such connection; and
                    (C) shall not require such tribe, members, or 
                person to deliver or transfer any water or water rights 
                for such connection.
            (2) Limitation.--Paragraph (1) shall not be construed to 
        prohibit Duchesne City from charging any person that connects 
        to the Duchesne City municipal water system pursuant to 
        paragraph (1) reasonable, customary, and nondiscriminatory fees 
        to recover costs of the operation and maintenance of the water 
        system to treat, transport, and deliver water to the person.

SEC. 4. WATER RIGHTS.

    (a) No Relinquishment or Reduction.--Except as provided in section 
3, nothing in this Act may be construed as a relinquishment or 
reduction of any water rights reserved, appropriated, or otherwise 
secured by the United States in the State of Utah on or before the date 
of the enactment of this Act.
    (b) No Precedent.--Nothing in this Act may be construed as 
establishing a precedent for conveying or otherwise transferring water 
rights held by the United States.

SEC. 5. TRIBAL RIGHTS.

    Nothing in this Act may be construed to affect or modify any treaty 
or other right of the Ute Indian Tribe or any other Indian tribe.
                                                       Calendar No. 927

106th CONGRESS

  2d Session

                                S. 2350

                          [Report No. 106-478]

_______________________________________________________________________

                                 A BILL

To direct the Secretary of the Interior to convey certain water rights 
                        to Duchesne City, Utah.

_______________________________________________________________________

            October 3 (legislative day, September 22), 2000

                       Reported with an amendment