[Congressional Record Volume 146, Number 104 (Friday, September 8, 2000)]
[Senate]
[Page S8291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself and Mr. Crapo):
  S. 3022. A bill to direct the Secretary of the Interior to convey 
certain irrigation facilities to the Nampa and Meridian Irrigation 
District; to the Committee on Energy and Natural Resources.


            nampa meridian irrigation district transfer act

  Mr. CRAIG. Mr. President, I am today introducing, along with my 
colleague, Senator Crapo a bill to authorize the Secretary of the 
Interior to transfer the Bureau of Reclamation's interests in portions 
of the Ridenbaugh Canal system of the Boise River to the Nampa Meridian 
Irrigation District. The public comment period for the National 
Environmental Policy Act process has not been completed, and it is my 
intent to request a Committee hearing to discuss any issues concerning 
this transfer. Thus, any parties interested in this matter will have 
ample opportunity to express their concerns related to title transfer.
  The transfer of title is not a new idea. Authority to transfer title 
to the All American Canal is contained in section 7 of the Boulder 
Canyon Project Act of 1928. General authority is contained in the 1955 
Distribution Systems Loan Act. Recently, Congress passed legislation 
dealing with a transfer to the Minidoka Irrigation Project and the 
Burley Irrigation District.
  The Nampa Meridian Irrigation District diverts water from the Boise 
River into a system of canals and laterals known as the Ridenbaugh 
Canal system for delivery to lands in the district and provides 
drainage for district lands. Since 1878 when the Ridenbaugh Canal was 
first constructed, Nampa Meridian Irrigation District has been 
responsible for operating and maintaining the delivery and drainage 
system, and all project costs have been paid to the federal government.
  Reclamation's interests consist of only five percent (5%) of the 
canals, laterals and drains and associated fee title and easements in 
their delivery and drainage systems. These segments were constructed 
for the delivery and drainage of irrigation water. The purposes and 
uses of Reclamation's interests in these segments are to access, 
operate, maintain, and repair Nampa Meridian Irrigation District's 
irrigation and drainage systems. Reclamation has never operated or 
maintained any portion of the Nampa Meridian Irrigation District's 
delivery or drainage systems.
  This project is a perfect example of the federal government 
maintaining only a bare title, and that title should now be transferred 
to the project recipients who have paid for the facilities and 
interests of the Nampa Meridian Irrigation District.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3022

       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 ``Nampa and Meridian 
     Conveyance Act''.

     SEC. 2. CONVEYANCE.

       (a) Definitions.--In this section:
       (1) District.--The term ``District'' means the Nampa and 
     Meridian Irrigation District, Idaho.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Conveyance of Facilities.--As soon as practicable after 
     the date of enactment of this Act, the Secretary shall convey 
     to the District, in accordance with the memorandum of 
     agreement between the Secretary and the District, dated July 
     7, 1999 (contract No. 1425-99MA102500), and all applicable 
     law, all right, title, and interest of the United States in 
     and to any portion of the canals, laterals, drains, and any 
     other portion of the water distribution and drainage system 
     that is operated or maintained by the District for delivery 
     of water to and drainage of water from land within the 
     boundaries of the District.
       (c) Liability.--Effective on the date of the conveyance of 
     facilities under this Act, the United States shall not be 
     liable for damages of any kind arising out of any act, 
     omission, or occurrence based on prior ownership or operation 
     of the conveyed facilities by the United States.
       (d) Existing Rights Not Affected.--
       (1) No effect on water rights.--No water rights shall be 
     transferred, modified, or otherwise affected by the 
     conveyance of facilities to the District under this Act.
       (2) No effect on contractual or state law.--The conveyance 
     of facilities and interests to the District under this Act 
     shall not affect or abrogate any provision of a contract 
     executed by the United States, or any State law, regarding 
     any right of an irrigation district to use water developed in 
     the facilities conveyed.

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