[109th Congress Public Law 321]
[From the U.S. Government Printing Office]


[DOCID: f:publ321.109]

[[Page 120 STAT. 1753]]

Public Law 109-321
109th Congress

                                 An Act


 
    To direct the Secretary of the Interior to convey certain water 
   distribution facilities to the Northern Colorado Water Conservancy 
            District. <<NOTE: Oct. 11, 2006 -  [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

[[Page 120 STAT. 1754]]

                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 <<NOTE: Deadline.>> 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

[[Page 120 STAT. 1755]]

(a) until the date on which the transferred water distribution 
facilities are conveyed in accordance with this Act.

    Approved October 11, 2006.

LEGISLATIVE HISTORY--H.R. 3443:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-290 (Comm. on Resources).
SENATE REPORTS: No. 109-248 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 151 (2005):
                                    Dec. 13, considered and passed 
                                        House.
                                                        Vol. 152 (2006):
                                    Sept. 29, considered and passed 
                                        Senate.

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