[Congressional Record Volume 151, Number 159 (Tuesday, December 13, 2005)]
[House]
[Pages H11444-H11446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTHERN COLORADO WATER CONSERVANCY DISTRICT FACILITIES CONVEYANCE
Mrs. DRAKE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3443) 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. 3443
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H11445]]
SECTION 1. DEFINITIONS.
In this Act:
(1) Contract.--The term ``contract'' means--
(A) 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; and
(B) any amendments and supplements to the contract
described in subparagraph (A).
(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
following facilities of the Colorado-Big Thompson Project
located in the counties of Larimer, Boulder, and Weld,
Colorado:
(A) The St. Vrain Supply Canal.
(B) The Boulder Creek Supply Canal that extends from the
St. Vrain River to Boulder Creek, including that portion that
extends from the St. Vrain River to Boulder Reservoir, which
is also known as the ``Boulder Feeder Canal''.
(C) The South Platte Supply Canal.
SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBUTION
FACILITIES.
(a) In General.--The Secretary shall, as soon as
practicable after the date of the 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) Consideration.--
(1) District.--
(A) Finding.--Congress finds that the District has
completed the obligation of the District to repay the capital
costs of the Colorado-Big Thompson Project under the
contract.
(B) No consideration required.--The District shall not be
required to provide additional consideration for the
conveyance of the transferred water distribution facilities
under subsection (a).
(2) Electric customers.--The Western Area Power
Administration shall continue to include the unpaid portion
of the transferred facilities in its annual power repayment
studies for the Loveland Area Projects until such facilities
are repaid in accordance with the laws and policies regarding
repayment of investment in effect on the date of enactment of
this Act.
(c) 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, including the obligation of the District to
make payments required under the contract.
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 transferred water
distribution facilities.
SEC. 4. EFFECT.
Any actions or activities undertaken by the Secretary under
this Act shall not affect, impact, or create any additional
burdens or obligations on the New Consolidated Lower Boulder
Reservoir and Ditch Company or the New Coal Ridge Ditch
Company in the full exercise of their rights to water, water
rights, or real property rights or in the full exercise of
their rights to utilize facilities affected by this Act.
SEC. 5. REPORTS.
(a) In General.--If the transferred water distribution
facilities have not been conveyed by the Secretary to the
District by the date that is 1 year after the date of
enactment of this Act, not later than 30 days after that
date, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives a report that
describes--
(1) the reasons for the failure to convey the transferred
water distribution facilities; and
(2) the schedule for completing the transfer as soon as
practicable.
(b) Annual Reports.--The Secretary shall continue to
provide annual reports that provide the information described
in subsection (a) until the date on which the transferred
water distribution facilities are conveyed in accordance with
this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Virginia (Mrs. Drake) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentlewoman from Virginia.
General Leave
Mrs. DRAKE. 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 on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Virginia?
There was no objection.
Mrs. DRAKE. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3443, introduced by the gentlewoman from Colorado (Mrs.
Musgrave), will transfer ownership of three Bureau of Reclamation water
distribution facilities within the Big Thompson project in Colorado to
the Northern Colorado Water Conservancy District.
{time} 1515
This local water district has operated and maintained these canals
since 1957 and has repaid all capital costs associated with the
facilities. Transfer of these single-purpose projects creates a win-win
situation by decreasing Federal liability, allowing more cost-effective
and efficient management by the water district and fostering local
ownership. In light of these benefits, the Bureau of Reclamation should
be more proactive in working with local water users to ensure that more
transfers take place.
I commend Mrs. Musgrave for introducing this legislation and urge
support for this bipartisan noncontroversial bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3443 would authorize the title transfer of specific
features of the Colorado-Big Thompson project from the United States to
the Northern Colorado Water Conservancy District. This proposed title
transfer will be similar to a bill that was enacted in the 106th
Congress, transferring other Bureau of Reclamation facilities to this
water district.
We have no objection to this legislation.
Mr. Speaker, I reserve the balance of my time.
Mrs. DRAKE. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Colorado (Mrs. Musgrave).
Mrs. MUSGRAVE. Mr. Speaker, in July of this year, I introduced H.R.
3443, a bill authorizing the transfer of title of three Colorado-Big
Thompson projects single-purpose water conveyance facilities from the
United States to the Northern Colorado Water Conservancy District.
The Colorado-Big Thompson project is one of the largest and most
complex natural resource developments undertaken by the Bureau of
Reclamation. The transmountain water diversion system consists of over
100 integrated structures and provides multiple benefits to the people
of my district. This project spreads over approximately 250 miles in
the State of Colorado. It stores, regulates and diverts water from the
Colorado River on the western slope of the Continental Divide to the
eastern slope of the Rocky Mountains.
The project diverts approximately 260,000-acre feet of water annually
from the Colorado River headwaters on the western slope to the Big
Thompson River, a South Platte River tributary on the eastern slope,
for distribution to farming and communities.
The water system is vital to the people of my district. It provides
drinking, irrigation and recreational waters. Without this water
system, many cities and towns in my district could not exist.
The water that the Colorado-Big Thompson project diverts from the
western slope travels through a series of storage reservoirs, pumping
plants, tunnels and hydroelectric generating plants until it enters one
of the two eastern slope terminal storage reservoirs, Horsetooth and
Carter Lake Reservoirs.
From these terminal storage reservoirs, the water is delivered to
water users through distribution facilities. These distribution
facilities consist of single-purpose water conveyance facilities
located downstream from the two terminal storage facilities.
The Northern Colorado Water Conservation District has been
responsible for these facilities since the project was operational in
1957. The District has proven to be a faithful steward of operation,
maintenance and administration of the conveyance facilities. The three
facilities that would be conveyed to the District by this legislation
are the St. Vrain Supply Canal, the Boulder Creek Supply Canal and the
South Platte Supply Canal.
[[Page H11446]]
This bill is very similar to legislation passed by my predecessor,
Representative Bob Schaffer, in 2000, which transferred four single-
purpose water conveyance facilities of the Colorado-Big Thompson
Project located downstream of the Horsetooth Reservoir. This
legislation would complete the transfer of all the single-purpose water
conveyance facilities within the project. This transfer would allow the
District to more cost-effectively manage the facility and reduce the
burdensome bureaucracy of the Federal Government. The District has met
its financial obligation of repayment of capital costs, and the title
transfer is now appropriate. I believe that this transfer is in the
best interest of the constituents of my district.
I would like to thank Chairman Pombo and his staff for moving this
bill so quickly through the Resources Committee, with special thanks to
Kiel Weaver for his assistance on this legislation.
Mr. Speaker, I urge the passage of this bill.
Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time.
Mrs. DRAKE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Petri). The question is on the motion
offered by the gentlewoman from Virginia (Mrs. Drake) that the House
suspend the rules and pass the bill, H.R. 3443, 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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