[Congressional Record Volume 144, Number 85 (Thursday, June 25, 1998)]
[Senate]
[Pages S7226-S7227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      MINIDOKA PROJECT ACT OF 1997

  The Senate proceeded to consider 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, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     SECTION 1. CONVEYANCE OF FACILITIES.

       (a) Definitions.--In this section:
       (1) Burley.--The term ``Burley'' means the Burley 
     Irrigation District, an irrigation district organized under 
     the law of the State of Idaho.
       (2) Division.--The term ``Division'' means the Southside 
     Pumping Division of the Minidoka project, Idaho.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Conveyance.--
       (1) In general.--The Secretary shall, without consideration 
     or compensation except as provided in this section, convey to 
     Burley, by quitclaim deed or patent, all right, title, and 
     interest of the United States in and to acquired lands, 
     easements, and rights-of-way of or in connection with the 
     Division, together with the pumping plants, canals, drains, 
     laterals, roads, pumps, checks, headgates, transformers, 
     pumping plant substations, buildings, transmission lines, and 
     other improvements or appurtenances to the land or used for 
     the delivery of water from the headworks (but not the 
     headworks themselves) of the Southside Canal at the Minidoka 
     Dam and reservoir to land in Burley, including all facilities 
     used in conjunction with the Division (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) Costs.--The first $80,000 in administrative costs of 
     transfer of title and related activities shall be paid in 
     equal shares by the United States and Burley, and any 
     additional amount of administrative costs shall be paid by 
     the United States.
       (c) Water Rights.--
       (1) Transfer.--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 ground water rights held in the 
     name of the United States for the benefit of, and for use on 
     land within, the Burley Irrigation District as described in 
     the contracts between Burley and the United States including 
     the provisions on use of any waste, seepage, and return flow 
     set forth in such contracts: Provided, That such transfer 
     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.
       (2) Allocation of storage space.--The Secretary shall 
     provide an allocation to Burley of storage space in Minidoka 
     Reservoir, American Falls Reservoir, and Palisades Reservoir, 
     as described in Burley Contract Nos. 14-06-100-2455 and 14-
     06-W-48, subject to the obligation of Burley to continue to 
     assume and satisfy its allocable costs of operation and 
     maintenance associated with the storage facilities operated 
     by the Bureau of Reclamation.
       (d) Project Reserved Power.--The Secretary shall continue 
     to provide Burley with project reserved power from the 
     Minidoka Reclamation Power Plant, Palisades Reclamation Power 
     Plant, Black Canyon Reclamation Power Plant, and Anderson 
     Ranch Reclamation Power Plant in accordance with the terms of 
     the existing contracts, including any renewals thereof as 
     provided in such contracts.
       (e) Savings.--
       (1) Nothing in this Act or any transfer pursuant thereto 
     shall affect the right of Minidoka Irrigation District to the 
     joint use of the gravity portion of the Southside Canal, 
     subject to compliance by the Minidoka Irrigation District 
     with the terms and conditions of a contract between Burley 
     and Minidoka Irrigation District, and any amendments or 
     changes made by agreement of the irrigation districts.
       (2) Nothing in this Act shall affect the rights of any 
     person or entity except as may be specifically provided 
     herein.
       (f) Liability.--Effective on the date of conveyance of the 
     project facilities, described in section (1)(b)(1), the 
     United States shall not be held liable by any court for 
     damages of any kind arising out of any act, omission, or 
     occurrence relating to the conveyed facilities, except for 
     damages caused by acts of negligence committed by the United 
     States or by its employees, agents, or contractors prior to 
     the date of conveyance. Nothing in this section shall be 
     deemed to increase the liability of the United States beyond 
     that currently provided in the Federal Tort Claims Act, 28 
     U.S.C. 2671 et seq.
       (g) Completion of Conveyance.--
       (1) In general.--The Secretary shall complete the 
     conveyance under subsection (b) (including such action as may 
     be required under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.)) not later than 2 years after 
     the date of enactment of this Act.
       (2) Report.--The Secretary shall provide a report to the 
     Committee on Resources of the United States House of 
     Representatives and to the Committee on Energy and Natural 
     Resources of the United States Senate within eighteen months 
     from the date of enactment of this Act on the status of the 
     transfer, any obstacles to completion of the transfer as 
     provided in this section, and the anticipated date for such 
     transfer.
       Paragraph 1(c)(1) of the Committee amendment is modified to 
     read as follows:

[[Page S7227]]

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

  The amendment (No. 3044) was agreed to.
  The committee amendment was agreed to.
  The bill (S. 538), as amended, was passed, as follows:

                                 S. 538

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONVEYANCE OF FACILITIES.

       (a) Definitions.--In this section:
       (1) Burley.--The term ``Burley'' means the Burley 
     Irrigation District, an irrigation district organized under 
     the law of the State of Idaho.
       (2) Division.--The term ``Division'' means the Southside 
     Pumping Division of the Minidoka project, Idaho.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Conveyance.--
       (1) In general.--The Secretary shall, without consideration 
     or compensation except as provided in this section, convey to 
     Burley, by quitclaim deed or patent, all right, title, and 
     interest of the United States in and to acquired lands, 
     easements, and rights-of-way of or in connection with the 
     Division, together with the pumping plants, canals, drains, 
     laterals, roads, pumps, checks, headgates, transformers, 
     pumping plant substations, buildings, transmission lines, and 
     other improvements or appurtenances to the land or used for 
     the delivery of water from the headworks (but not the 
     headworks themselves) of the Southside Canal at the Minidoka 
     Dam and reservoir to land in Burley, including all facilities 
     used in conjunction with the Division (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) Costs.--The first $80,000 in administrative costs of 
     transfer of title and related activities shall be paid in 
     equal shares by the United States and Burley, and any 
     additional amount of administrative costs shall be paid by 
     the United States.
       (c) Water Rights.--
       (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--
       (i) for the benefit of the Minidoka Project or specifically 
     for the Burley Irrigation District;
       (ii) that are for use on lands within the Burley Irrigation 
     District; and
       (iii) 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 
     result in any adverse impact on any other project water user.
       (2) Allocation of storage space.--The Secretary shall 
     provide an allocation to Burley of storage space in Minidoka 
     Reservoir, American Falls Reservoir, and Palisades Reservoir, 
     as described in Burley Contract Nos. 14-06-100-2455 and 14-
     06-W-48, subject to the obligation of Burley to continue to 
     assume and satisfy its allocable costs of operation and 
     maintenance associated with the storage facilities operated 
     by the Bureau of Reclamation.
       (d) Project Reserved Power.--The Secretary shall continue 
     to provide Burley with project reserved power from the 
     Minidoka Reclamation Power Plant, Palisades Reclamation Power 
     Plant, Black Canyon Reclamation Power Plant, and Anderson 
     Ranch Reclamation Power Plant in accordance with the terms of 
     the existing contracts, including any renewals thereof as 
     provided in such contracts.
       (e) Savings.--
       (1) Nothing in this Act or any transfer pursuant thereto 
     shall affect the right of Minidoka Irrigation District to the 
     joint use of the gravity portion of the Southside Canal, 
     subject to compliance by the Minidoka Irrigation District 
     with the terms and conditions of a contract between Burley 
     and Minidoka Irrigation District, and any amendments or 
     changes made by agreement of the irrigation districts.
       (2) Nothing in this Act shall affect the rights of any 
     person or entity except as may be specifically provided 
     herein.
       (f) Liability.--Effective on the date of conveyance of the 
     project facilities, described in section (1)(b)(1), the 
     United States shall not be held liable by any court for 
     damages of any kind arising out of any act, omission, or 
     occurrence relating to the conveyed facilities, except for 
     damages caused by acts of negligence committed by the United 
     States or by its employees, agents, or contractors prior to 
     the date of conveyance. Nothing in this section shall be 
     deemed to increase the liability of the United States beyond 
     that currently provided in the Federal Tort Claims Act, 28 
     U.S.C. 2671 et seq.
       (g) Completion of Conveyance.--
       (1) In general.--The Secretary shall complete the 
     conveyance under subsection (b) (including such action as may 
     be required under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.)) not later than 2 years after 
     the date of enactment of this Act.
       (2) Report.--The Secretary shall provide a report to the 
     Committee on Resources of the United States House of 
     Representatives and to the Committee on Energy and Natural 
     Resources of the United States Senate within eighteen months 
     from the date of enactment of this Act on the status of the 
     transfer, any obstacles to completion of the transfer as 
     provided in this section, and the anticipated date for such 
     transfer.

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