[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3443 Reported in House (RH)]
Union Calendar No. 160
109th CONGRESS
1st Session
H. R. 3443
[Report No. 109-290]
To direct the Secretary of the Interior to convey certain water
distribution facilities to the Northern Colorado Water Conservancy
District.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2005
Mrs. Musgrave (for herself and Mr. Udall of Colorado) introduced the
following bill; which was referred to the Committee on Resources
November 10, 2005
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
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.--In consideration for the
conveyance of the transferred water distribution facilities
under subsection (a), the Secretary of the Treasury shall
transfer from the Reclamation fund in the Treasury to the
Secretary [$_______], which shall be derived from amounts
collected by the Western Area Power Administration for the sale
of electricity from the Loveland Area Projects.
(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.
Union Calendar No. 160
109th CONGRESS
1st Session
H. R. 3443
[Report No. 109-290]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey certain water
distribution facilities to the Northern Colorado Water Conservancy
District.
_______________________________________________________________________
November 10, 2005
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed