[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5911 Referred in Senate (RFS)]
<DOC>
119th CONGRESS
2d Session
H. R. 5911
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 3, 2026
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To direct the Secretary of Agriculture to convey to the City of Ouray,
Colorado, certain land managed by the Forest Service, together with a
reservoir.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crystal Reservoir Conveyance Act''.
SEC. 2. CONVEYANCE OF FEDERAL LAND TO OURAY, COLORADO.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Ouray,
Colorado.
(2) Federal land.--The term ``Federal land'' means--
(A) the site known as ``Crystal Reservoir'' in
Ouray County, Colorado, including--
(i) the lake associated with that
reservoir;
(ii) Full Moon Dam and associated
facilities, including the spillway and outlet;
(iii) Full Moon Ditch and Reservoir Number
10; and
(iv) all infrastructure associated with the
reservoir; and
(B) the parcel comprising approximately 45 acres of
land underlying and surrounding Crystal Reservoir, as
depicted on the Map, managed by the Forest Service as
necessary for access for repair, operation, and
maintenance of Crystal Reservoir and the features
described in clauses (i) through (iv) of subparagraph
(A).
(3) Map.--The term ``Map'' means the map prepared by the
Forest Service entitled ``Crystal Reservoir Conveyance'' and
dated June 23, 2025.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance.--As soon as practicable after the date of enactment
of this Act, the Secretary shall convey to the City--
(1) except as otherwise provided in this Act, all right,
title, and interest of the United States in and to the Federal
land; and
(2) all right, title and interest of the United States in
and to any water rights held for use on, appurtenant to, or
otherwise associated with the Federal land, including the Full
Moon Ditch and Reservoir Number 10 water rights described in
the decree of the State of Colorado in Civil Action No. 1959,
dated May 11, 1942.
(c) Requirements.--The conveyance under subsection (b) shall--
(1) convey fee simple title to the Federal land;
(2) be subject to--
(A) valid existing rights;
(B) the reservation to the United States, in the
deed conveying the Federal land, of easements for each
road, trail, and trailhead in existence on the date of
the conveyance, together with such additional rights as
are reasonably necessary for access, administration,
operation, maintenance, repair, and replacement of
those improvements; and
(C) the reversionary interest described in
subsection (e)(3); and
(3) except as provided in subsection (d)(2), be completed
at no cost to the City.
(d) Costs.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall pay all costs associated with the conveyance
under subsection (b).
(2) Survey.--The City shall pay all costs associated with
any surveys conducted for the purpose of accomplishing the
conveyance under subsection (b).
(e) Terms and Conditions.--
(1) In general.--As a condition of the conveyance of the
Federal land under subsection (b), the City shall agree--
(A) effective beginning on the date of the
conveyance, to assume responsibility for the costs of
all repairs, operations, maintenance, replacement,
rehabilitation, and regulatory compliance relating to
Full Moon Dam and related infrastructure, including
Full Moon Ditch and Reservoir Number 10;
(B) to maintain the Federal land in perpetuity as
open space, to be held open--
(i) for public access for recreational
activities, including fishing, except as
reasonably necessary for public safety,
resource protection, emergency response, or the
operation, maintenance, repair, replacement, or
rehabilitation of Full Moon Dam, Crystal
Reservoir, or related infrastructure; and
(ii) not subject to any fee for
recreational access;
(C) not to conduct on the Federal land any
development, commercial operations, or construction,
other than as needed for the operation, maintenance,
repair, replacement, rehabilitation, public safety, and
regulatory compliance for dam safety of Full Moon Dam,
Crystal Reservoir, and related infrastructure,
including Full Moon Ditch and Reservoir Number 10; and
(D) not to expand the surface footprint of Crystal
Reservoir at normal operating levels (as depicted on
the Map) in a manner that would flood, impair, or harm
any wetlands located upstream of the Federal land,
subject to the condition that deepening Crystal
Reservoir in a manner consistent with the water rights
of the City shall otherwise be allowed.
(2) Necessary action agreement.--The conveyance under
subsection (b) shall be made subject to terms agreed to by the
Secretary and the City that authorize the City to take such
action on the easements described in subsection (c)(2)(B) as
the City determines is reasonable and necessary for--
(A) public safety;
(B) emergency response; or
(C) the operation, maintenance, repair,
replacement, or rehabilitation by the City of Full Moon
Dam, Crystal Reservoir, or related infrastructure.
(3) Other terms and conditions.--The conveyance under
subsection (b) shall be subject to such other terms and
conditions as the Secretary determines to be appropriate.
(4) Reversionary interest.--
(A) Written notice.--If the Federal land conveyed
under subsection (b) ceases to be used in accordance
with the terms and conditions under this subsection the
Secretary shall submit to the City written notice with
respect to such use.
(B) Reversion.--After the 90-day period beginning
on the date written notice is submitted to the City
under subparagraph (A), if the Federal land conveyed
under subsection (b) continues to be used in a manner
not in accordance with the terms and conditions under
this subsection during such period, the Federal land
shall revert to the United States, at the discretion of
the Secretary, if the Secretary determines that
reversion is in the best interest of the United States.
(f) Easement.--
(1) In general.--After the conveyance under subsection (b),
the Secretary--
(A) shall recognize a perpetual easement for the
Red Mountain Ditch for use by the City--
(i) for the purposes relating to the Ditch
specified in the decrees entitled ``Case No.
1751-B'' and ``Case No. 2013CW3040'' for the
State of Colorado, including the diversion and
delivery of water (not to exceed 6 cubic feet
per second) for storage in Crystal Reservoir
and subsequent beneficial use; and
(ii) to access, operate, maintain, repair,
replace, or improve the Ditch and its
appurtenances for such purposes; and
(B) may require special use authorizations for non-
routine maintenance and repairs of Red Mountain Ditch
or for the replacement or improvement of the Ditch.
(2) Red mountain ditch defined.--In this subsection, the
term ``Red Mountain Ditch'' means the Ditch known as Red
Mountain Ditch constructed in or about 1945 located, as of the
date of the enactment of this Act, on lands administered by the
San Juan National Forest and the Grand Mesa, Uncompahgre, and
Gunnison National Forest, in Section 14, Township 42 North,
Range 8 West, New Mexico Principal Meridian.
(g) Water Rights.--After the conveyance under subsection (b), the
City may use water in Crystal Reservoir for any beneficial use, subject
to applicable water laws of the State of Colorado.
(h) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the Map and
a legal description of the Federal land to be conveyed under
subsection (b).
(2) Corrections.--The Secretary and the City, by mutual
agreement, may correct any clerical or typographical errors in
the Map or legal description under paragraph (1).
(3) Map on file.--The Map and legal description under
paragraph (1) shall be on file and available for public
inspection in each appropriate office of the Forest Service.
Passed the House of Representatives June 2, 2026.
Attest:
KEVIN F. MCCUMBER,
Clerk.