[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.

                                  
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