[Congressional Record Volume 144, Number 75 (Thursday, June 11, 1998)]
[Senate]
[Page S6253]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      MINIDOKA PROJECT ACT OF 1998

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                        CRAIG AMENDMENT NO. 2698

  (Ordered to lie on the table.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
the bill (S. 538) to authorize the Secretary of the Interior to convey 
certain facilities of the Minidoka project to the Burley Irrigation 
District, and for other purposes; as follows:

       (1) Paragraph 1(b)(1) of the Committee amendment is amended 
     by deleting ``transmission lines,'' and by deleting 
     ``(including the electric transmission lines used to transmit 
     electric power for the operation of the pumping facilities of 
     the Division and related purposes for which the allocable 
     construction costs have been fully repaid by Burley)''.
       (2) Paragraph 1(c)(1) of the Committee amendment is 
     modified to read as follows:
       ``(1) Transfer.--(A) Subject to subparagraphs (B) and (C), 
     the Secretary shall transfer to Burley, through an agreement 
     among Burley, the Minidoka Irrigation district, and the 
     Secretary, in accordance with and subject to the law of the 
     State of Idaho, all natural flow, waste, seepage, return 
     flow, and groundwater rights held in the name of the United 
     States----
       (1) for the benefit of the Minidoka Project or specifically 
     for the Burley Irrigation District; and
       (2) that are for use on lands within the Burley Irrigation 
     District; and
       (3) which are set forth in contracts between the United 
     States and Burley or in the decree of June 20, 1913 of the 
     District Court of the Fourth Judicial District of the State 
     of Idaho, in and for the County of Twin Falls, in the case of 
     Twin Falls Canal Company v. Charles N. Foster, et al., and 
     commonly referred to as the ``Foster decree''.
       ``(B) Any rights that are presently held for the benefit of 
     lands within both the Minidoka Irrigation District and the 
     Burley Irrigation District shall be allotted in such manner 
     so as to neither enlarge nor diminish the respective rights 
     of either district in such water rights as described in 
     contracts between Burley and the United States.
       ``(C) The transfer of water rights in accordance with this 
     paragraph shall not impair the integrated operation of the 
     Minidoka Project, affect any other adjudicated rights, or 
     results in any adverse impact on any other project water 
     user.''

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