[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Page S3141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6006. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. CONVEYANCE OF FEDERAL LAND TO OURAY, COLORADO.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Ouray,
Colorado.
(2) Federal land.--The term ``Federal land'' means--
(A) the site known as ``Crystal Reservoir'' in Ouray
County, Colorado, including--
(i) the lake associated with that reservoir;
(ii) Full Moon Dam and associated facilities, including the
spillway and outlet;
(iii) Full Moon Ditch and Reservoir Number 10; and
(iv) all infrastructure associated with the reservoir; and
(B) the parcel comprising approximately 45 acres of land
underlying and surrounding Crystal Reservoir, as depicted on
the Map, managed by the Forest Service as necessary for
access for repair, operation, and maintenance of Crystal
Reservoir and the features described in clauses (i) through
(iv) of subparagraph (A).
(3) Map.--The term ``Map'' means the map prepared by the
Forest Service entitled ``Crystal Reservoir Conveyance'' and
dated June 23, 2025.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(b) Conveyance.--As soon as practicable after the date of
enactment of this Act, the Secretary shall convey to the
City--
(1) except as otherwise provided in this Act, all right,
title, and interest of the United States in and to the
Federal land; and
(2) all right, title and interest of the United States in
and to any water rights held for use on, appurtenant to, or
otherwise associated with the Federal land, including the
Full Moon Ditch and Reservoir Number 10 water rights
described in the decree of the State of Colorado in Civil
Action No. 1959, dated May 11, 1942.
(c) Requirements.--The conveyance under subsection (b)
shall--
(1) convey fee simple title to the Federal land;
(2) be subject to--
(A) valid existing rights;
(B) the reservation to the United States, in the deed
conveying the Federal land, of easements for each road,
trail, and trailhead in existence on the date of the
conveyance, together with such additional rights as are
reasonably necessary for access, administration, operation,
maintenance, repair, and replacement of those improvements;
and
(C) the reversionary interest described in subsection
(e)(3); and
(3) except as provided in subsection (d)(2), be completed
at no cost to the City.
(d) Costs.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall pay all costs associated with the conveyance
under subsection (b).
(2) Survey.--The City shall pay all costs associated with
any surveys conducted for the purpose of accomplishing the
conveyance under subsection (b).
(e) Terms and Conditions.--
(1) In general.--As a condition of the conveyance of the
Federal land under subsection (b), the City shall agree--
(A) effective beginning on the date of the conveyance, to
assume responsibility for the costs of all repairs,
operations, maintenance, replacement, rehabilitation, and
regulatory compliance relating to Full Moon Dam and related
infrastructure, including Full Moon Ditch and Reservoir
Number 10;
(B) to maintain the Federal land in perpetuity as open
space, to be held open--
(i) for public access for recreational activities,
including fishing, except as reasonably necessary for public
safety, resource protection, emergency response, or the
operation, maintenance, repair, replacement, or
rehabilitation of Full Moon Dam, Crystal Reservoir, or
related infrastructure; and
(ii) not subject to any fee for recreational access;
(C) not to conduct on the Federal land any development,
commercial operations, or construction, other than as needed
for the operation, maintenance, repair, replacement,
rehabilitation, public safety, and regulatory compliance for
dam safety of Full Moon Dam, Crystal Reservoir, and related
infrastructure, including Full Moon Ditch and Reservoir
Number 10; and
(D) not to expand the surface footprint of Crystal
Reservoir at normal operating levels (as depicted on the Map)
in a manner that would flood, impair, or harm any wetlands
located upstream of the Federal land, subject to the
condition that deepening Crystal Reservoir in a manner
consistent with the water rights of the City shall otherwise
be allowed.
(2) Necessary action agreement.--The conveyance under
subsection (b) shall be made subject to terms agreed to by
the Secretary and the City that authorize the City to take
such action on the easements described in subsection
(c)(2)(B) as the City determines is reasonable and necessary
for--
(A) public safety;
(B) emergency response; or
(C) the operation, maintenance, repair, replacement, or
rehabilitation by the City of Full Moon Dam, Crystal
Reservoir, or related infrastructure.
(3) Other terms and conditions.--The conveyance under
subsection (b) shall be subject to such other terms and
conditions as the Secretary determines to be appropriate.
(4) Reversionary interest.--
(A) Written notice.--If the Federal land conveyed under
subsection (b) ceases to be used in accordance with the terms
and conditions under this subsection the Secretary shall
submit to the City written notice with respect to such use.
(B) Reversion.--After the 90-day period beginning on the
date written notice is submitted to the City under
subparagraph (A), if the Federal land conveyed under
subsection (b) continues to be used in a manner not in
accordance with the terms and conditions under this
subsection during such period, the Federal land shall revert
to the United States, at the discretion of the Secretary, if
the Secretary determines that reversion is in the best
interest of the United States.
(f) Easement.--
(1) In general.--After the conveyance under subsection (b),
the Secretary--
(A) shall recognize a perpetual easement for the Red
Mountain Ditch for use by the City--
(i) for the purposes relating to the Ditch specified in the
decrees entitled ``Case No. 1751-B'' and ``Case No.
2013CW3040'' for the State of Colorado, including the
diversion and delivery of water (not to exceed 6 cubic feet
per second) for storage in Crystal Reservoir and subsequent
beneficial use; and
(ii) to access, operate, maintain, repair, replace, or
improve the Ditch and its appurtenances for such purposes;
and
(B) may require special use authorizations for non-routine
maintenance and repairs of Red Mountain Ditch or for the
replacement or improvement of the Ditch.
(2) Red mountain ditch defined.--In this subsection, the
term ``Red Mountain Ditch'' means the Ditch known as Red
Mountain Ditch constructed in or about 1945 located, as of
the date of the enactment of this Act, on lands administered
by the San Juan National Forest and the Grand Mesa,
Uncompahgre, and Gunnison National Forest, in Section 14,
Township 42 North, Range 8 West, New Mexico Principal
Meridian.
(g) Water Rights.--After the conveyance under subsection
(b), the City may use water in Crystal Reservoir for any
beneficial use, subject to applicable water laws of the State
of Colorado.
(h) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the Map
and a legal description of the Federal land to be conveyed
under subsection (b).
(2) Corrections.--The Secretary and the City, by mutual
agreement, may correct any clerical or typographical errors
in the Map or legal description under paragraph (1).
(3) Map on file.--The Map and legal description under
paragraph (1) shall be on file and available for public
inspection in each appropriate office of the Forest Service.
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