[Congressional Record Volume 146, Number 121 (Tuesday, October 3, 2000)]
[House]
[Page H8721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTHERN COLORADO WATER CONSERVANCY DISTRICT LAND CONVEYANCE
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4389) to direct the Secretary of the Interior to convey
certain water distribution facilities to the Northern Colorado Water
Conservancy District, as amended.
The Clerk read as follows:
H.R. 4389
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) Contract.--The term ``contract'' means the contract
between the United States and the Northern Colorado Water
Conservancy District providing for the construction of the
Colorado-Big Thompson Project, dated July 5, 1938 (including
any amendments and supplements).
(2) District.--The term ``District'' means the Northern
Colorado Water Conservancy District.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Transferred water distribution facilities.--The term
``transferred water distribution facilities'' means the North
Poudre Supply Canal and Diversion Works, also known as the
Munroe Gravity Canal, the Charles Hansen (Supply) Canal and
Windsor Extension, and the Dixon Feeder Canal, all of which
are facilities of the Colorado-Big Thompson Project located
in Larimer County, Colorado.
SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBUTION
FACILITIES.
(a) In General.--The Secretary shall, as soon as
practicable after the date of enactment of this Act and in
accordance with all applicable law, convey to the District
all right, title, and interest in and to the transferred
water distribution facilities.
(b) Sale Price.--
(1) In general.--The Secretary shall accept $150,315 as
payment from the District and $1,798,200 as payment from the
power customers under the terms specified in this section, as
consideration for the conveyance under subsection (a). Out of
the receipts from the sale of power from the Loveland Area
Projects collected by the Western Area Power Administration
and deposited into the Reclamation fund of the Treasury in
fiscal year 2001, $1,798,200 shall be treated as full and
complete payment by the power customers of such consideration
and repayment by the power customers of all aid to irrigation
associated with the facilities conveyed under subsection (a).
(2) No effect on obligations and rights.--Except as
expressly provided in this Act, nothing in this Act affects
or modifies the obligations and rights of the District under
the contract.
(3) Payments.--Except as provided in subsection (c), the
District shall continue to make such payments as are required
under the contract.
(c) Credit Toward Project Repayment.--Upon payment by the
District of the amount authorized to be accepted from the
District under subsection (b)(1), the amount paid shall be
credited toward repayment of capital costs of the Colorado-
Big Thompson Project in an amount equal to the associated
undiscounted obligation for repayment of the capital costs.
SEC. 3. LIABILITY.
Except as otherwise provided by law, effective on the date
of conveyance of the transferred water distribution
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 any prior ownership or
operation by the United States of the conveyed property.
The SPEAKER pro tempore. Pursuant to the rule the gentleman from Utah
(Mr. Hansen) and the gentleman from American Samoa (Mr. Faleomavaega)
each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 4389 transfers a small component of a much larger
project. The larger overall project was built from 1938 to 1957 and
called the Colorado-Big Thompson project. The water is used primarily
to help irrigate 615,000 acres of northeastern Colorado farmland.
The proposed legislation will divest the Bureau of Reclamation of
responsibility for future management, liability and replacement of the
North Poudre Supply Canal and Diversion Works, the Charles Hansen
Supply Canal and Windsor Extension, and the Dixon Feeder Canal.
An agreement on the sale price has been worked out between the
District, the Bureau of Reclamation and Western Area Power
Administration for the facilities to be conveyed under this act.
I urge an aye vote on this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I will not oppose the provisions of
this bill. I ask that my colleagues support this legislation.
Mr. GEORGE MILLER of California. Mr. Speaker, while I will not oppose
H.R. 4389, I will note that this project transfer bill does not in my
view represent good stewardship of a valuable Federal asset. The bill
is full of generalities, and the United States and taxpayer-owners get
practically nothing out of this deal. No environmental benefits will
result from this transfer, and public involvement opportunities are
minimal. My formal views on H.R. 4389 are set forth in the Committee
Report accompanying the bill.
The bill mandates conveyance without first allowing the Secretary to
determine whether such a conveyance is in the public interest. The bill
should, instead simply authorize the conveyance so the Secretary can
make such a determination.
The bill does not provide for local public involvement prior to final
action on the transfer.
The bill fails to provide for environmental protection and
enhancement. Environmental protection and enhancement are the
appropriate quid pro quo to mitigate for post-transfer loss of federal
control and applicability of most federal laws.
Finally, H.R. 4389 creates a fixed ``sale price'' prior to knowing
the details of the transfer. The United States should negotiate a fair
price for the conveyance only after the terms and conditions of
transfer are established through negotiations with local stakeholders.
Transfers of Western water projects to local beneficiaries are not
inherently bad, but H.R. 4389 should not be used as a template for
future transfers. These projects are publicly-owned, and taxpayer
interests should be recognized and protected.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. 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. Hansen) that the House suspend the rules and
pass the bill, H.R. 4389, 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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