[Senate Report 106-478]
[From the U.S. Government Publishing Office]
Calendar No. 927
106th Congress Report
SENATE
2d Session 106-478
======================================================================
DUCHESNE CITY WATER RIGHTS CONVEYANCE ACT
_______
October 3 (legislative day, September 22), 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2350]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2350) to direct the Secretary of the
Interior to convey to certain water rights to Duchesne City,
Utah, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Duchesne City Water Rights
Conveyance Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 1861, President Lincoln established the Uintah Valley
Reservation by Executive order. The Congress confirmed the
Executive order in 1864 (13 Stat. 63), and additional lands
were added to form the Uintah Indian Reservation (now known as
the Uintah and Ouray Indian Reservation).
(2) Pursuant to subsequent Acts of Congress, lands were
allotted to the Indians of the reservation, and unallotted
lands were restored to the public domain to be disposed of
under homestead and townsite laws.
(3) In July 1905, President Theodore Roosevelt reserved lands
for the townsite for Duchesne, Utah, by Presidential
proclamation and pursuant to the applicable townsite laws.
(4) In July 1905, the United States, through the Acting
United States Indian Agent in Behalf of the Indians of the
Uintah Indian Reservation, Utah, filed 2 applications, 43-180
and 43-203, under the laws of State of Utah to appropriate
certain waters.
(5) The stated purposes of the water appropriation
applications were, respectively, ``for irrigation and domestic
supply for townsite purposes in the lands herein described'',
and ``for the purpose of irrigating Indian allotments on the
Uintah Indian Reservation, Utah, . . . and for an irrigating
and domestic water supply for townsite purposes in the lands
herein described''.
(6) The United States subsequently filed change applications
which provided that the entire appropriation would be used for
municipal and domestic purposes in the town of Duchesne, Utah.
(7) The State Engineer of Utah approved the change
applications, and the State of Utah issued water right
certificates, identified as Certificate Numbers 1034 and 1056,
in the name of the United States Indian Service in 1921,
pursuant to the applications filed, for domestic and municipal
uses in the town of Duchesne.
(8) Non-Indians settled the town of Duchesne, and the
inhabitants have utilized the waters appropriated by the United
States for townsite purposes.
(9) Pursuant to title V of Public Law 102-575, Congress
ratified the quantification of the reserved waters rights of
the Ute Indian Tribe, subject to ratification of the water
compact by the State of Utah and the Tribe.
(10) The Ute Indian Tribe does not oppose legislation that
will convey the water rights appropriated by the United States
in 1905 to the city of Duchesne because the appropriations do
not serve the purposes, rights, or interests of the Tribe or
its members, because the full amount of the reserved water
rights of the Tribe will be quantified in other proceedings,
and because the Tribe and its members will receive substantial
benefits through such legislation.
(11) The Secretary of the Interior requires additional
authority in order to convey title to those appropriations made
by the United States in 1905 in order for the city of Duchesne
to continue to enjoy the use of those water rights and to
provide additional benefits to the Ute Indian Tribe and its
members as originally envisioned by the 1905 appropriations.
SEC. 3. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, UTAH.
(a) Conveyance.--The Secretary of the Interior, as soon as
practicable after the date of the enactment of this Act, and in
accordance with all applicable law, shall conveyto Duchesne City, Utah,
or a water district created by Duchesne City, all right, title, and
interest of the United States in and to those water rights appropriated
under the laws of the State of Utah by the Department of the Interior's
United States Indian Service and identified as Water Rights Nos. 43-180
(Certificate No. 1034) and 43-203 (Certificate No. 1056) in the records
of the State Engineer of Utah.
(b) Required Terms.--
(1) In general.--As terms of any conveyance under subsection
(a), the Secretary shall require that Duchesne City--
(A) shall allow the Ute Indian Tribe of the Uintah
and Ouray Reservation, its members, and any person
leasing or utilizing land that is held in trust for the
Tribe by the United States and is located within the
Duchesne City water service area (as such area may be
adjusted from time to time), to connect to the Duchesne
City municipal water system;
(B) shall not require such tribe, members, or person
to pay any water impact, connection, or similar fee for
such connection; and
(C) shall not require such tribe, members, or person
to deliver or transfer any water or water rights for
such connection.
(2) Limitation.--Paragraph (1) shall not be construed to
prohibit Duchesne City from charging any person that connects
to the Duchesne City municipal water system pursuant to
paragraph (1) reasonable, customary, and nondiscriminatory fees
to recover costs of the operation and maintenance of the water
system to treat, transport, and deliver water to the person.
SEC. 4. WATER RIGHTS.
(a) No Relinquishment or Reduction.--Except as provided in section
3, nothing in this Act may be construed as a relinquishment or
reduction of any water rights reserved, appropriated, or otherwise
secured by the United States in the State of Utah on or before the date
of the enactment of this Act.
(b) No Precedent.--Nothing in this Act may be construed as
establishing a precedent for conveying or otherwise transferring water
rights held by the United States.
SEC. 5. TRIBAL RIGHTS.
Nothing in this Act may be construed to affect or modify any treaty
or other right of the Ute Indian Tribe or any other Indian tribe.
purpose of the measure
The purpose of S. 2350 is to direct the Secretary of the
Interior to convey, to the city of Duchesne, Utah, or a water
district created by the city, water rights, appropriated under
the laws of the State of Utah by the United States Indian
Service, and held by the United States. Terms of the conveyance
include allowing the Ute Indian Tribe of the Uintah and Ouray
Reservation to connect to the Duchesne City municipal water
system without water impact or connection fee. The Tribe shall
not be required to transfer any water or water rights for such
connection. The city is not prohibited from charging reasonable
and customary fees to recover operations and maintenance costs
for delivery.
background and need
When the city of Duchesne was established in 1905, the
Secretary of the Interior directed the Commissioner of Indian
Affairs to select certain tracts of land in the Uintah Indian
Reservations to be reserved under the Townsite Act provisions.
Short thereafter, the Acting Indian Agent for the Uintah
Indian Reservation filed two applications for appropriate water
for municipal and domestic uses in the city of Duchesne. The
holder of these rights was the U.S. Indian Service. The city
has always used the water. However, since the U.S. Indian
Service no longer exists, there is no ability to transfer the
water rights to the city of Duchesne. This bill would convey
those rights.
The Ute Indian Tribe and any affiliates will be subject to
reasonable and customary fees to recover costs of the operation
and maintenance of the water system in treating, transporting
and delivering water to that person.
legislative history
S. 2350 was introduced by Senator Hatch on April 4, 2000.
The Subcommittee on Water and Power held a hearing on the bill
on July 11, 2000. At the business meeting on September 20,
2000, the Committee on Energy and Natural Resources ordered S.
2350, as amended, favorably reported.
committee recommendation and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000 by a unanimous voice
vote with a quorum present, recommends that the Senate pass S.
2350, if amended as described herein.
committee amendment
During the consideration of S. 2350, the Committee adopted
an amendment in the nature of a substitute that strikes the
text and replaces it with the text of the House passed bill.
The amendment reflects changes made to address the concerns of
the Administration. The significant differences between the
bill as introduced and the bill as reported are: (1) findings
are added that outline the unique circumstances of the water
rights certificates at issue; (2) the conveyance section now
includes language which acknowledges the Secretary's
responsibility to comply with all applicable environmental laws
and regulations prior to conveying the water rights
certificates to the city of Duchesne; (3) a provision is added
that clarifies the legislation does not otherwise affect water
rights held by the United States; an (4) language is added that
clarifies this legislation does not affect or modify any treaty
or other rights of the Ute Indian Tribe or any other Indian
tribe.
section-by-section analysis
Section 1 is a short title.
Section 2 is a findings section.
Section 3 details when and how the Secretary shall convey
the water rights to the city of Duchesne.
Subsection 3(b)(1) provides that the Secretary shall
require the city to allow the Ute Indian Tribe to connect to
the Duchesne City municipal water system. The city may not
require the Tribe to pay water impact, connection or similar
fee for such connection and may not require the Tribe to
deliver or transfer any water or water rights for such
connection.
Subsection 3(b)(2) provides that the city may charge any
person that connects to the municipal water system reasonable,
customary, and nondiscriminatory fees to recover costs of
operations and maintenance to treat, transport, and delivery
water.
Section 4 provides that, except as provided in the Act,
water rights reserved, appropriated, or otherwise secured by
the United States in Utah on or before date of enactment are
not relinquished or reduced. The Act does not have precedential
value for conveying or otherwise transferring water rights held
by the United States.
Section 5 provides that any treaty or other right of the
Ute Tribe is not affected by this Act.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 28, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2350, the Duchesne
City Water Rights Conveyance Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Applebaum.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
S. 2350--Duchesne City Water Rights Conveyance Act
S. 2350 would direct the Secretary of the Interior to
convey certain water rights to Duchesne City, Utah. In 1905,
the federal government obtained certificates for these water
rights under Utah state laws. In practice, Duchesne City has
always used the water rights for its water supply. As a result,
CBO estimates that implementing S. 2350 would have no
significant impact on the federal budget.
S. 2350 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. S. 2350
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act. As a condition of
receiving these water rights, the bill would require Duchesne
city to allow the Ute Tribe or members of that tribe to access
the municipal water system without paying water impact or
connection fees.
On June 8, 2000, CBO transmitted a cost estimate for H.R.
3468, the Duchesne City Water Rights Conveyance Act, as ordered
reported by the House Committee on Resources on May 24, 2000.
The two bills are nearly identical, and our estimate of their
costs is the same.
The CBO staff contacts for this estimate are Rachel
Applebaum (for federal costs) and Marjorie Miller (for the
state, local, and tribal impact). This estimate was approved by
Robert A. Sunshine, Assistant Director for Budget Analysis.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2350. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2350, as ordered reported.
executive communications
The pertinent legislative report received by the Committee
from the Department of the Interior setting forth Executive
agency recommendation relating to S. 2350 is set forth below:
Department of the Interior,
Office of the Secretary,
Washington, DC, September 19, 2000.
Hon. Frank H. Murkowski,
Chairman, Energy and Natural Resources Committee,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter provides the views of the
Department on H.R. 3468, as passed by the House, the companion
to S. 2350, which seeks to transfer to the City of Duchesne,
Utah, (City), two water rights certificates which the United
States obtained under the State of Utah's water laws at the
turn of the 20th Century. This letter supports testimony
delivered to your Committee by Sharon Blackwell, Deputy
Commissioner of Indian Affairs, on S. 2350, July 11, 2000.
The Administration supports H.R. 3468 as passed by the
House. We have one concern noted below; however, this does not
cause us to oppose the bill.
As noted in our testimony, copy attached, the
Administration supports the purposes of S. 2350 that was before
this Committee. The Administration recommended the inclusion of
a few provisions and modifications to S. 2350 in order to
protect the interests of the United States and other interested
parties and to describe the history and unique nature of the
water rights involved in order to clarify the intent of this
legislation. These recommended revisions, attached to our
testimony, in no way change the purposes of S. 2350.
Since hearings before the House Resources Committee on
April 4, 2000 and the Senate Indian Affairs Committee on May 2,
on identical legislation, members of the Department and the
City's representative have worked hard to refine the proposed
revisions of the City and the Administration in order to
satisfy the concerns of all interested parties. I am pleased to
announce that the Department and the City have reached
agreement on these proposed revisions and the concerns of the
Department were accommodated.
The House of Representatives has recently passed H.R. 3468.
H.R. 3468 as passed, with one significant exception, adopts the
provisions agreed to by the Department and the City. The
exception is that the preamble to the bill states ``to direct
the Secretary of the Interior to convey . . .'' rather than
``to authorize the Secretary of the Interior to convey . . .'',
as agreed by the City and the Department. We strongly prefer
the latter wording, to emphasize that transfers should be
authorized, not directed, to ensure that they comply with
environmental and other laws. However, the conveyance language
of section 3(a) is as agreed and we do not believe that the
preamble language compromises the effect of section 3 to
transfer as soon as practicable and in accord with all
applicable law, which assures our ability to comply with all
environmental requirements and other applicable laws.
The City of Duchesne and the Ute Indian Tribe of the Uintah
and Ouray Reservation (Ute Indian Tribe) have worked closely on
the concepts addressed in this legislation and the Ute Indian
Tribe does not oppose the city's efforts in this matter. The
Tribe has no objection to the bill with the Administration's
recommended changes.
We look forward to working with the Committee, the Utah
delegation and the City of Duchesne to move this legislation
forward.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
David J. Hayes, Deputy Secretary.
Attachment.
Statement of Sharon Blackwell, Deputy Commissioner of Indian Affairs,
Bureau of Indian Affairs, Department of the Interior
Good afternoon, Mr. Chairman and members of the Committee.
I am Sharon Blackwell, Deputy Commissioner, Bureau of Indian
Affairs, Department of the Interior. I am pleased to provide
the Administration's views on S. 2350, which seeks to transfer
to the City of Duchesne, Utah, two water rights certificates
which the United States obtained under the State of Utah's
water laws at the turn of the 20th Century.
Mr. Chairman, along with the City, the Administration
supports the purposes of S. 2350 that is before this Committee.
As described in this statement, the Administration recommends
the inclusion of a few provisions and modifications to S. 2350
in order to protect the interests of the United States and
other interested parties and to describe the history and unique
nature of the water rights involved in order to clarify the
intent of this legislation. These recommended revisions,
attached to this testimony, in no way change the purposes of S.
2350. With these recommended changes, the Department would
support the bill.
I understand that the City of Duchesne (City) and the Ute
Indian Tribe of the Uintah and Ouray Reservation (Ute Indian
Tribe) have worked closely on the concepts addressed in this
legislation and that the Ute Indian Tribe does not oppose the
City's efforts in this matter. The Tribe has no objection to
the bill with the Administration's recommended changes.
Since earlier hearings before the House Resources Committee
on April 4, 2000 and the Senate Indian Affairs Committee on May
2, on identical legislation, members of the Department and the
City's representative have worked hard to refine the proposed
revisions of the City and the Administration in order to
satisfy the concerns of all interested parties. I am pleased to
announce that the Department and the City have recently reached
agreement on these proposed revisions. In addition to the
Department's proposed revisions, I also attach to this
testimony a revised draft bill presented to the Department by
the City last month which embodies the changes agreed to by the
City and the Department; the revised bill adopts our
recommended changes (with a couple of minor wording
differences) and is acceptable to the Administration. With the
inclusion of these revisions, the Administration supports S.
2350, and we look forward to working with the Committee, the
Utah delegation and the City of Duchesne to move this
legislation forward.
As introduced, S. 2350 would direct the Secretary of the
Interior to convey specified water rights appropriated by the
United States under the laws of the State of Utah, and which
the State of Utah issued certificates in the name of the United
States Indian Service for those water rights, to the City of
Duchesne. S. 2350 also requires certain terms to be part of the
conveyance, such as requiring the City to allow the Ute Indian
Tribe, its members, and those using lands held in trust for the
Tribe by the United States located within the City's water
service area to connect to the City's municipal water system
without any connection fees or transfer of water rights for the
connection. S. 2350 further specifies that the conveyance would
not prohibit the city from charging anyone connected to the
City's water system reasonable and customary operation and
maintenance fees.
The circumstances surrounding the water rights identified
for transfer under S. 2350 are unique. Various Executive and
Congressional actions in the mid- to late 1800s established the
present-day Uintah and Ouray Indian Reservation for the bands
now know collectively as the Ute Indian Tribe. Subsequent acts
of Congress provided for the allotment of Reservation lands to
individual Tribal members and for the restoration of unallotted
lands to the public domain to be disposed of under the
homestead and townsite laws. In July 1905, President Theodore
Roosevelt reserved lands for the townsite of Duchesne by
Presidential proclamation under the applicable townsite laws.
In the same month, prior to the articulation of the reserved
water rights doctrine in Winters v. United States in 1908, the
United States--through the Acting U.S. Indian Agent--filed two
applications under the laws of the State of Utah to appropriate
waters for the benefit of the Indians of the Reservation. The
applications filed by the United States identified the purposes
of the appropriations to be for domestic and irrigation
supplies for the townsite of Duchesne and for irrigation
supplies for Indian allotments on the Reservation. The State of
Utah then issued water rights certificates in the name of the
United States Indian Service for domestic and municipal
purposes in the town of Duchesne. Non-Indians settled the town
of Duchesne, and its inhabitants have used the waters
appropriated by the United States since then for townsite
purposes. Since the appropriation of the water rights and the
settlement of the town, confusion over the ownership of the
water rights has clouded the use of those rights. In addition,
over the past few decades the State of Utah and the Ute Indian
Tribe have worked to quantify, under the Winters doctrine, the
Tribe's reserved water rights. Congress ratified the
quantification of the Tribe's reserved water right in 1992,
subject to re-ratification by the State and the Tribe, under
Title V of Public Law 102-575.
Thus, even though the Acting U.S. Indian Agent filed the
appropriations on behalf of the Ute Indians to protect their
interests, history shows that the appropriations really did not
serve the purposes of the United States in this regard.
Furthermore, the full amount of the Tribe's reserved water
right has been ratified by Congress, subject to re-ratification
by the State and the Tribe, and that right did not include the
State certificated rights appropriated in 1905. Finally, the
proposed transfer of the water rights certificates held by the
United States also includes benefits for the Ute Indian Tribe
and its members.
Given this unique history, the Administration supports
conveying title to the water rights certificates to the City of
Duchesne as proposed in S. 2350. The Administration recommends
the following additions or modifications to S. 2350 to protect
the interests of the United States and other interested parties
and to describe the unique circumstances surrounding these
water rights in order to clarify the intent of the legislation.
First, the Administration recommends the inclusion of a
Congressional Findings section which outlines the unique
circumstances of the water rights certificates at issue. The
history described above provides the fundamental factual
circumstances which the Administration views important to
clarify the intent and purposes of this legislation. Proposed
findings are attached. The Duchesne draft bill, section 2,
adopts our findings with a slight wording difference discussed
below.
As noted previously, members of the Department and the
City's representative have worked to refine the proposed
findings since the hearings before this Committee and the
Senate Indian Affairs Committee. One point of discussion has
centered on the finding regarding the filing of the water
rights applications by the Acting U.S. Indian Agent. We must
emphasize that, as expressly stated in the applications, the
Acting U.S. Indian Agent could only file the water rights
applications on ``behalf of the Indians of the Uintah Indian
Reservation, Utah.'' Thus, any suggestion that the Acting U.S.
Indian Agent would file for anyone other than the Ute Indians
is incorrect, and the finding addressing the filing of the
water rights must necessarily confirm that the Agent filed ``on
behalf of the Indians of the Reservation.'' This recognition in
no way changes the purposes or goals of this legislation.
Our proposed finding 2(d) addresses this issue. The draft
bill of the City alters this wording slightly. We still prefer
our wording; however, we believe that the Duchesne wording does
not change the effect to confirm that the Agent filed on behalf
of the Indians of the Uintah reservation.
Second, the Administration recommends the inclusion of
language in section 3 on conveyance of water rights which
acknowledges the Secretary's responsibility to comply with all
applicable environmental laws and regulations prior to
conveying the water rights certificates to the City of
Duchesne. In light of the history and use of the water rights
involved here, such compliance will likely require little time
and effort. Nonetheless, the Administration has insisted that
legislation involving natural resources, including title
transfers, shall require compliance with all applicable
environmental laws prior to making irreversible commitments.
Therefore, we recommend inserting the language below which
is identical to language agreed to between the Administration
and the House Resources Committee in H.R. 992, concerning the
Sly Park Unit in California and which has now passed the House,
in addressing a similar transfer issue.
We recommend that proposed new section 3(a) (now 2(a))
begin as follows: ``The Secretary of the Interior shall, as
soon as practicable after the date of enactment of this Act and
in accordance with all applicable law, convey to Duchesne City,
Utah . . .''
The City bill does this.
We note that some earlier discussion drafts of the bill
included a specific date by which the transfer must take place.
We have objected to the inclusion of any specific date by which
the Department must complete the transfer. This opposition
results both from the uncertainties involving the timing of the
enactment of this legislation and, more importantly, from the
possibility that a date certain could foreclose the
Department's ability to complete necessary environmental
reviews. We are opposed to an arbitrary transfer date as a
matter of policy and precedent. We think the agreed Sly Park
language noted above is the most satisfactory approach to the
timing issue.
Third, the Administration recommends the inclusion of a
provision which clarifies that this legislation does not
otherwise affect water rights held by the United States.
Fourth, the Administration recommends the inclusion of a
provision which clarifies that this legislation does not affect
or modify any treaty or other right of the Ute Indian Tribe or
any other Indian tribe. Similar provisions have been
incorporated into various pieces of legislation in the past.
These provisions will ensure that no one misconstrues this
legislation to affect any other interest of the United States,
the Ute Indian Tribe, or any other Indian tribe and thus will
ensure continued support for the legislation. The City bill
adopts these provisions.
Finally, the Administration also recommends a few other
modifications to the language of S. 2350. Particularly, in the
introductory text, the Administration recommends modifying the
text to state that the legislation authorizes, rather than
directs, the Secretary to convey title to the water rights. The
City bill does this.
In addition, the operation and maintenance fee provision
should also specify that the imposition of such fees shall be
done in a non-discriminatory way. A few other technical
modifications are also recommended to clarify the legislation.
These have been incorporated in the City draft.
Thus, with the revisions recommended above and as set out
in the attached documents, and as adopted by the City draft,
the Administration supports S. 2350. Again, we look forward to
working with the Committee, the Utah delegation and the City of
Duchesne to move this legislation forward. I would be happy to
answer any questions.
----------
Proposed Amendments to S. 2350--Duchesne City Water Rights Conveyance
Act
In the introductory text, delete ``direct'' and insert
``authorize''.
In the introductory text, delete ``to'' before ``certain''.
In the introductory text, insert ``, and for other
purposes'' after ``Utah''.
On page 1, line 6, insert new Section 2 as follows:
SEC. 2. FINDINGS.
The Congress finds that--
(a) in 1861, President Lincoln established the Uintah
Valley Reservation by Executive Order, Congress
confirmed the Executive Order in 1864, 13 Stat. 63, and
additional lands were added to form the Uintah Indian
Reservation (now known as the Uintah and Ouray Indian
Reservation);
(b) pursuant to subsequent acts of Congress, lands
were allotted to the Indians of the reservation, and
unallotted lands were restored to the public domain to
be disposed of under homestead and townsite laws;
(c) in July 1905, President Theodore Roosevelt
reserved lands for the townsite of Duchesne by
Presidential proclamation and pursuant to the
applicable townsite laws;
(d) in July 1905, the United States, through the
Acting United States Indian Agent, filed two
applications, 43-180 and 43-203, under the laws of the
State of Utah to appropriate certain waters on behalf
of the Indians of the Reservation;
(e) the stated purposes of the water appropriation
applications were, respectively, ``for irrigation and
domestic supply for townsite purposes in the lands
herein described'' and ``for the purpose of irrigating
Indian allotments on the Uintah Indian Reservation,
Utah, . . . and for an irrigating and domestic water
supply for townsite purposes in the lands herein
described'';
(f) the United States subsequently filed change
applications which provided that the entire
appropriation for each water right sought would be used
for ``municipal and domestic purposes'' in the town of
Duchesne;
(g) the State Engineer approved the change
applications, and the State of Utah issued water rights
certificates, identified as Certificate Numbers 1034
and 1056, in the name of the United States Indian
Service in 1921, pursuant to the applications filed,
for domestic and municipal uses in the town of
Duchesne;
(h) non-Indians settled the town of Duchesne, and the
inhabitants have utilized the waters appropriated by
the United States for townsite purposes;
(i) pursuant to Title V of Public Law 102-575,
Congress ratified the quantification of the reserved
water rights of the Ute Indian Tribe, subject to re-
ratification of the water compact by the State of Utah
and the Tribe;
(j) the Ute Indian Tribe does not oppose legislation
which will convey the water rights appropriated by the
United States in 1905 to the City of Duchesne because
the appropriations do not serve the purposes, rights or
interests of the Tribe or its members, because the full
amount of the reserved water rights of the Tribe will
be quantified in other proceedings, and because the
Tribe and its members will receive substantial benefits
through such legislation; and
(k) the Secretary of the Interior requires additional
authority in order to convey title to those
appropriations made by the United States in 1905 in
order for the City of Duchesne to continue to enjoy the
use of those water rights and to provide additional
benefits to the Ute Indian Tribe and its members as
originally envisioned by the 1905 appropriations.''
On page 1, line 6, renumber prior ``SEC. 2'' as ``SEC. 3''.
On page 1, line 8, insert ``the'' before ``Interior''.
On page 1, line 8, delete ``subject to subsection (b),
shall'', and insert ``The Secretary of the Interior shall, as
soon as practicable after the date of enactment of this Act and
in accordance with all applicable law, . . .''
On page 2, line 3, insert ``Department of the Interior's''
before ``United''.
On page 2, lines 20-21, delete ``or connection'', insert
``, connection, or similar''.
On page 3, line 5, delete ``and customary'', insert ``,
customary, and non-discriminatory''.
On page 3, insert new sections 4 and 5 as follows:
SEC. 4. WATER RIGHTS.
(a) Except as provided in Section 3, nothing in this Act
may be construed as a relinquishment or reduction of any water
rights reserved, appropriated, or otherwise secured by the
United States in the State of Utah on or before the date of
enactment of this Act.
(b) Nothing in this Act may be construed as establishing a
precedent for conveying or otherwise transferring water rights
held by the United States.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2350, as
ordered reported.