[Congressional Record (Bound Edition), Volume 151 (2005), Part 21] [House] [Pages 28103-28104] [From the U.S. 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, 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 [[Page 28104]] 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. 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. Mr. UDALL of Colorado. Mr. Speaker, I rise in support of this bill and commend my Colorado colleague, Mrs. Musgrave, for its introduction. The bill would direct the Interior Department to convey to the Northern Colorado Water Conservation District wants the title to some of the water-distribution facilities that are part of the Bureau of Reclamation's Colorado-Big Thompson project. That project, authorized by Congress in 1937 to provide water for agricultural and other uses, consists of dams, dikes, reservoirs, powerplants, pumping plants, pipelines, tunnels, and substations spread over approximately 250 miles. The Northern Colorado Water Conservancy District, the project's local government sponsor, operates and maintains all of the water conveyance facilities. H.R. 3443 directs the Secretary of the Interior to transfer 58 miles of the Project's water conveyance facilities (the St. Vrain Supply Canal, Boulder Creek Supply Canal, and South Platte Supply Canal) to the District. The transfer will allow the District to more cost- effectively manage the facilities, reduce paperwork requirements, provide for local ownership and reduce the federal government's liability. The District, which has operated and maintained these water conveyance facilities since 1957, has repaid the appropriate capital costs associated with the facilities. Despite this repayment, the title of the facilities remains in the Bureau of Reclamation. This bill directs the transfer of this title with no conditions. It is modeled on the successful transfer (Public Law 106-376) of other single purpose water conveyance facilities associated with the Colorado Big-Thompson Project. None of the affected facilities are used to generate electricity. However, payments by electricity customers have been contributing to the repayment for the overall project, and the electricity customers still owe something under that repayment contract. To reflect that, the bill provides for transfer of funds from electricity-sale collections to complete repayment of the amount the electricity customers owe toward repayment of the facilities to be transferred. The bill includes language to make clear that it will not lessen the existing responsibilities of the district or affect the rights of two ditch companies whose ditches have been part of the distribution system for water from the Colorado-Big Thompson project. And, to stimulate prompt implementation, the bill says that if the transfer isn't completed within a year Interior must send a written report to Congress explaining why it hadn't done so and to keep reporting annually until the transfer is complete. I joined as a cosponsor of this legislation because I think it will be beneficial both for the Northern Colorado Water Conservation District and for the federal government. I urge its approval. 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. ____________________