[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3443 Enrolled Bill (ENR)]


        H.R.3443

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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--
            (A) 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; and
            (B) any amendments and supplements to the contract 
        described in subparagraph (A).
        (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 following 
    facilities of the Colorado-Big Thompson Project located in the 
    counties of Larimer, Boulder, and Weld, Colorado:
            (A) The St. Vrain Supply Canal.
            (B) The Boulder Creek Supply Canal that extends from the 
        St. Vrain River to Boulder Creek, including that portion that 
        extends from the St. Vrain River to Boulder Reservoir, which is 
        also known as the ``Boulder Feeder Canal''.
            (C) The South Platte Supply Canal.
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) Consideration.--
        (1) District.--
            (A) Finding.--Congress finds that the District has 
        completed the obligation of the District to repay the capital 
        costs of the Colorado-Big Thompson Project under the contract.
            (B) No consideration required.--The District shall not be 
        required to provide additional consideration for the conveyance 
        of the transferred water distribution facilities under 
        subsection (a).
        (2) Electric customers.--The Western Area Power Administration 
    shall continue to include the unpaid portion of the transferred 
    facilities in its annual power repayment studies for the Loveland 
    Area Projects until such facilities are repaid in accordance with 
    the laws and policies regarding repayment of investment in effect 
    on the date of enactment of this Act.
    (c) 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, including 
the obligation of the District to make payments required under the 
contract.
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 transferred water 
distribution facilities.
SEC. 4. EFFECT.
    Any actions or activities undertaken by the Secretary under this 
Act shall not affect, impact, or create any additional burdens or 
obligations on the New Consolidated Lower Boulder Reservoir and Ditch 
Company or the New Coal Ridge Ditch Company in the full exercise of 
their rights to water, water rights, or real property rights or in the 
full exercise of their rights to utilize facilities affected by this 
Act.
SEC. 5. REPORTS.
    (a) In General.--If the transferred water distribution facilities 
have not been conveyed by the Secretary to the District by the date 
that is 1 year after the date of enactment of this Act, not later than 
30 days after that date, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Resources of the House of Representatives a report that describes--
        (1) the reasons for the failure to convey the transferred water 
    distribution facilities; and
        (2) the schedule for completing the transfer as soon as 
    practicable.
    (b) Annual Reports.--The Secretary shall continue to provide annual 
reports that provide the information described in subsection (a) until 
the date on which the transferred water distribution facilities are 
conveyed in accordance with this Act.

                               Speaker of the House of Representatives.

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