[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[House]
[Pages H6883-H6884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               DUCHESNE CITY WATER RIGHTS CONVEYANCE ACT

  Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3468) to direct the Secretary of the Interior to convey 
certain water rights to Duchesne City, Utah, as amended.
  The Clerk read as follows:

                               H.R. 3468

       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 ``Duchesne City Water Rights 
     Conveyance Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) In 1861, President Lincoln established the Uintah 
     Valley Reservation by Executive order. The Congress confirmed 
     the Executive order in 1864 (13 Stat. 63), and additional 
     lands were added to form the Uintah Indian Reservation (now 
     known as the Uintah and Ouray Indian Reservation).
       (2) Pursuant to subsequent Acts of Congress, lands were 
     allotted to the Indians of the reservation, and unallotted 
     lands were restored to the public domain to be disposed of 
     under homestead and townsite laws.
       (3) In July 1905, President Theodore Roosevelt reserved 
     lands for the townsite for Duchesne, Utah, by Presidential 
     proclamation and pursuant to the applicable townsite laws.
       (4) In July 1905, the United States, through the Acting 
     United States Indian Agent in Behalf of the Indians of the 
     Uintah Indian Reservation, Utah, filed 2 applications, 43-180 
     and 43-203, under the laws of the State of Utah to 
     appropriate certain waters.
       (5) The stated purposes of the water appropriation 
     applications were, respectively, ``for irrigation and 
     domestic supply for townsite purposes in the lands herein 
     described'', and ``for the purpose of irrigating Indian 
     allotments on the Uintah Indian Reservation, Utah, . . . and 
     for an irrigating and domestic water supply for townsite 
     purposes in the lands herein described''.
       (6) The United States subsequently filed change 
     applications which provided that the entire appropriation 
     would be used for municipal and domestic purposes in the town 
     of Duchesne, Utah.
       (7) The State Engineer of Utah approved the change 
     applications, and the State of Utah issued water right 
     certificates, identified as Certificate Numbers 1034 and 
     1056, in the name of the United States Indian Service in 
     1921, pursuant to the applications filed, for domestic and 
     municipal uses in the town of Duchesne.
       (8) Non-Indians settled the town of Duchesne, and the 
     inhabitants have utilized the waters appropriated by the 
     United States for townsite purposes.
       (9) Pursuant to title V of Public Law 102-575, Congress 
     ratified the quantification of the reserved waters rights of 
     the Ute Indian Tribe, subject to reratification of the water 
     compact by the State of Utah and the Tribe.
       (10) The Ute Indian Tribe does not oppose legislation that 
     will convey the water rights appropriated by the United 
     States in 1905 to the city of Duchesne because the 
     appropriations do not serve the purposes, rights, or 
     interests of the Tribe or its members, because the full 
     amount of the reserved water rights of the Tribe will be 
     quantified in other proceedings, and because the Tribe and 
     its members will receive substantial benefits through such 
     legislation.
       (11) The Secretary of the Interior requires additional 
     authority in order to convey title to those appropriations 
     made by the United States in 1905 in order for the city of 
     Duchesne to continue to enjoy the use of those water rights 
     and to provide additional benefits to the Ute Indian Tribe 
     and its members as originally envisioned by the 1905 
     appropriations.

     SEC. 3. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, UTAH.

       (a) Conveyance.--The Secretary of the Interior, as soon as 
     practicable after the date of enactment of this Act, and in 
     accordance with all applicable law, shall convey to Duchesne 
     City, Utah, or a water district created by Duchesne City, all 
     right, title, and interest of the United States in and to 
     those water rights appropriated under the laws of the State 
     of Utah by the Department of the Interior's United States 
     Indian Service and identified as Water Rights Nos. 43-180 
     (Certificate No. 1034) and 43-203 (Certificate No. 1056) in 
     the records of the State Engineer of Utah.
       (b) Required Terms.--
       (1) In general.--As terms of any conveyance under 
     subsection (a), the Secretary shall require that Duchesne 
     City--
       (A) shall allow the Ute Indian Tribe of the Uintah and 
     Ouray Reservation, its members, and any person leasing or 
     utilizing land that is held in trust for the Tribe by the 
     United States and is located within the Duchesne City water 
     service area (as such area may be adjusted from time to 
     time), to connect to the Duchesne City municipal water 
     system;
       (B) shall not require such tribe, members, or person to pay 
     any water impact, connection, or similar fee for such 
     connection; and
       (C) shall not require such tribe, members, or person to 
     deliver or transfer any water or water rights for such 
     connection.
       (2) Limitation.--Paragraph (1) shall not be construed to 
     prohibit Duchesne City from charging any person that connects 
     to the Duchesne City municipal water system pursuant to 
     paragraph (1) reasonable, customary, and nondiscriminatory 
     fees to recover costs of the operation and maintenance of the 
     water system to treat, transport, and deliver water to the 
     person.

     SEC. 4. WATER RIGHTS.

       (a) No Relinquishment or Reduction.--Except as provided in 
     section 3, nothing in this Act may be construed as a 
     relinquishment or reduction of any water rights reserved, 
     appropriated, or otherwise secured by the United States in 
     the State of Utah on or before the date of enactment of this 
     Act.
       (b) No Precedent.--Nothing in this Act may be construed as 
     establishing a precedent for conveying or otherwise 
     transferring water rights held by the United States.

     SEC. 5. TRIBAL RIGHTS.

       Nothing in this Act may be construed to affect or modify 
     any treaty or other right of the Ute Indian Tribe or any 
     other Indian tribe.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Cannon) and the gentleman from Guam (Mr. Underwood) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Cannon).


                             General Leave

  Mr. CANNON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their 
remarks, and include extraneous material therein, on H.R. 3468.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am glad to have the opportunity to discuss H.R. 3468, 
the Duchesne City Water Rights Conveyance Act on the House floor. This 
legislation gives the city of Duchesne rights to water owned by the 
United States Indian Service. Duchesne is currently using this water 
and has used it since the city was established.
  Since this law corrects a legal anomaly, some historical background 
may be helpful. When the Uintah Indian Reservation was opened for 
settlement in 1905, land was auctioned to the highest bidder under the 
Township Act and the City of Duchesne was created. The acting Indian 
agent of the reservation filed two applications to appropriate water 
with the Utah State Engineer.
  These applications were intended for irrigation and domestic supply 
in the City of Duchesne under the township provisions. For many years 
now, attempts to place the water rights in the name of Duchesne City 
have failed despite acknowledgments by all interested parties that the 
water rights were meant for Duchesne City exclusively.
  Since the United States Indian Service no longer exists, there is no 
way to

[[Page H6884]]

transfer these water rights without legislation. In fact, this bill is 
at the request of the Utah State Engineer.
  Mr. Speaker, Utah is an arid State and water is a valuable resource. 
The very nature of water rights ownership can be contentious.
  For this reason, the legislation is urgent and necessary. The City of 
Duchesne and the Ute Indian Tribe have worked hard on this legislation, 
and they hope to transfer these water rights during this session of 
Congress.
  The Ute Indian Tribe will benefit by this proposal, being able to 
connect to the Duchesne City Municipal Water System without any water 
impact or connection fee. Furthermore, no members of the tribe 
connecting to the municipal water system will be required to give up 
rights to water or water rights that they hold in addition to the 
municipal water.
  The version of the bill that is before us today includes language 
worked out between the Department of the Interior, the Ute Indian 
Tribe, and the City of Duchesne. We now include findings that ensure 
that the full history of these water rights is known.
  Additionally, there is language that would ensure that tribal rights 
and current water rights are protected.
  I would like to thank all those who have worked on this bill. Mayor 
Kim Hamlin, Councilman Paul Tanner from Duchesne, and Craig Smith, 
special counsel on water have worked hard to coordinate with the 
Department of the Interior and have come up with the compromise 
language that we now have before us.
  Again, Mr. Speaker, I am grateful for the opportunity to bring this 
before the House of Representatives. I look forward to resolving this 
problem for the City of Duchesne.
  Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. UNDERWOOD asked and was given permission to revise and extend 
his remarks.)
  Mr. UNDERWOOD. Mr. Speaker, H.R. 3468 would convey to Duchesne City, 
Utah, certain water rights now held in trust by the Secretary of the 
Interior. The bill would allow the Ute Indian Tribe to connect to the 
municipal water system of Duchesne City, Utah, without payment of 
customary impact and connection fees. It is my understanding that the 
concerns raised by the Department of the Interior have been 
satisfactorily resolved. We support the legislation and congratulate 
the gentleman from Utah (Mr. Cannon) on his efforts.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, again I would just like to reiterate that this bill 
simply corrects a legal anomaly. The City of Duchesne is using this 
water and should bear title to it. I urge my colleagues to join with me 
in supporting this legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Cannon) that the House suspend the rules and 
pass the bill, H.R. 3468, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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