[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.

                          ____________________