[Congressional Record Volume 144, Number 85 (Thursday, June 25, 1998)]
[Senate]
[Pages S7210-S7211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      MINIDOKA PROJECT ACT OF 1998

                                 ______
                                 

                        CRAIG AMENDMENT NO. 3044

  Mr. BURNS (for Mr. Craig) proposed an amendment 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:

       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

[[Page S7211]]

     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., 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 
     result in any adverse impact on any other project water 
     user.''

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