[Congressional Record Volume 144, Number 144 (Monday, October 12, 1998)]
[House]
[Pages H10602-H10603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZING SECRETARY OF INTERIOR TO CONVEY CERTAIN FACILITIES OF THE
MINIDOKA PROJECT TO THE BURLEY IRRIGATION DISTRICT
Mr. HANSEN. Madam Speaker, I ask unanimous consent to take from the
Speaker's table the Senate 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, and ask for its
immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
The Clerk read the Senate bill, 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.
Mrs. CHENOWETH. Madam. Speaker, I am happy to come before the House
to express my strong support for S. 538, the Burley Irrigation District
Conveyance Act, sponsored by my Senate colleagues, Senator Craig and
Senator Kempthorne. S. 538 also resembles H.R. 1282, a bill introduced
by my friend and fellow Idahoan in the House, Mike Crapo.
[[Page H10603]]
Madam Speaker, S. 538 would simply convey certain facilities of the
Minidoka project, which was authorized in 1902, to the Burley
Irrigation District. This fulfills the contract the District had with
the Federal government.
Per their agreement, the water users of the Burley Irrigation
District have paid their obligations to the U.S. Treasury. Having
fulfilled this responsibility under the Reclamation Act, the Water
District has been working diligently with Congressman Crapo and me over
the last year to develop this important legislation.
Madam Speaker, S. 538 transfers the rights and use of the facility
for which the District already has a right of title.
In April of this year we heard testimony from Roger Ling before the
House Subcommittee on Water and Power, chaired by my good friend John
Doolittle. Mr. Ling, who is an Idaho Citizen, and a member of the
Burley Irrigation District, laid out for the subcommittee in detail the
fascinating history of how this project came to fruition. He made a
compelling case why the Burley water users deserve to receive the title
which they have lawfully paid for.
I am very pleased to have the opportunity to assist Burley in working
through the intent of the Reclamation Act. I am convinced that the
District will do a tremendous job managing the Minidoka facility,
including the environmental aspects of this project.
I would like to address some concerns my democratic colleagues have
with regard to NEPA. This is not a complicated bill. S. 538 simply
authorizes a title transfer. Nothing more, nothing less. The everyday
workings of the irrigation district will not change. The simple
``paper'' transfer will not have an environmental impact. Therefore, an
environmental assessment or impact study is not necessary and a waste
of resources. And it is my understanding of this bill that, so long as
the day-to-day operations are unchanged, NEPA is deemed to be complied
with.
The only change to the Burley Irrigation District will be that the
people who have worked for decades to pay for the Minidoka facility
will finally receive that which is due to--ownership title.
I thank Chairman Doolittle for bringing this important legislation
before the House, and I urge my fellow Colleagues to vote for its
passage.
Mr. CRAPO. Madam Speaker, I rise to voice my strong support for S.
538, a bill to convey title to certain facilities in the Minidoka
Project to the Burley Irrigation District in Idaho. This bill
represents a watershed for irrigators in the western United States by
setting a model for future legislation involving facility title
transfers.
Burley Irrigation District is a waterusers cooperative operating in
southern Idaho for the benefit of local irrigators and was authorized
in 1904 under the Reclamation Act. Under authority outlined in the Act,
the Secretary of the Interior, through the Bureau of Reclamation,
transferred to the District the care, operation, and maintenance of
certain project works. In 1926, the District entered into a contract
with the United States to assume the care, operation, and maintenance
of the South Side Pumping Division, together with certain telephone
lines.
In this contract, the District agreed to pay to the United States the
balance of all construction indebtedness of landowners, including
interest and penalties, operation and maintenance charges, and book
value of equipment and supplies transferred to the District.
Supplemental contracts between the District and the United States
have transferred responsibility for certain transmission lines,
transformer stations, and the main South Side Canal from its headworks
to the first lift pumping station of the South Side Pumping Division.
Since that time, the District has repaid out all construction and
other costs allocated to it under the various contracts. The District
has been in continuous operation, maintenance, and management of the
distribution facilities and pumping plants for 72 years.
S. 538 is consistent with the Reclamation Act of 1902 and the need of
the United States to divest itself of title to property for which it
has liability, but not the operation and maintenance responsibilities.
Moreover, it fulfills the spirit of the Reclamation Act and the goal of
reducing the size of the federal government by transferring to private
hands title to Bureau of Reclamation facilities.
I would like to take a moment to address certain questions that had
been raised by the Administration regarding the intentions of this
bill. These issues have already been clarified with the Secretary of
the Interior, but I would like to state them here for the purpose of
placing them in the Record.
First, the question of what is meant in this legislation by the
inclusion of return flows as part of the water rights transfer. As a
result of the irrigation of the lands within Burley Irrigation District
and Minidoka Irrigation District, there are return flows to the Snake
River. Under the Foster Decree, when these districts are using stored
water to which they are entitled under their spaceholder contracts for
irrigation of their lands, they receive a credit for the return flows
to the river which is used on a proportionate basis to reduce their use
of stored water. The Decree is administered by the State of Idaho, and
the extent of return flows depends on the operation of the districts'
distribution systems. These rights clearly belong to the districts and
inure the benefit of the districts and the landowners therein.
Second, a concern had been raised about this bill potentially
changing the crediting system of return flows from the way it is
currently carried out and, in particular, adversely affecting the
Minidoka Irrigation District. Let me assure you that nothing in the
bill is intended to modify the crediting of return flows from the way
they are currently credited. Of course, it is extremely difficult to
differentiate the source of return flows, but I would expect that the
agreement to be negotiated between the Burley Irrigation District, the
Minidoka Irrigation District, and the Secretary of the Interior, would
address the partitioning of credits in a manner that will preserve the
status quo.
Finally, the Administration had raised a question about the possible
impact on storage rights of provisions in the bill transferring natural
flow rights. The Bureau of Reclamation has been informed that nothing
under this bill is intended to transfer or impair storage rights held
by the Bureau, and nothing is intended to impair the operations of the
Minidoka Project by the Secretary of the Interior. To the extent
operational issues or concerns arise as a result of the transfer, I
would expect the Burley Irrigation District and the Secretary to
address such matters in the agreement that will be negotiated under the
bill.
These questions have been addressed to the satisfaction of the
Administration, and all sides have given their assent to this
legislation.
Madam Speaker, this legislation is the product of months of intensive
negotiations involving the District, the Administration, and Congress.
It is fair and cost-effective to the American taxpayer, and it is
simply wise public policy. The compromises reached allow all those
involved to feel a sense of ownership in this legislation. Accordingly,
I would like to express my appreciation to the distinguished
subcommittee chairman, Mr. Doolittle, the ranking member, Mr. DeFazio,
as well as the full committee Chairman Young and Ranking Member Miller,
and the Administration for their hard work and cooperation on this
important bill.
I would also like to express my thanks to my colleague from Idaho,
Mrs. Chenoweth, for her invaluable help in passing this legislation.
And, of course, I extend special appreciation to the bill's sponsor in
the other body, Senator Craig, and applaud his persistence in this
endeavor.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
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