[106th Congress Public Law 370]
[From the U.S. Government Printing Office]
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[DOCID: f:publ370.106]
Public Law 106-370
106th Congress
An Act
To direct the Secretary of the <<NOTE: Oct. 27, 2000 - [H.R.
3468]>> Interior to convey to certain water rights to Duchesne City,
Utah.
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Duchesne City Water Rights
Conveyance Act.>> Congress assembled,
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 two applications, 43-180
and 43-203, under the laws of the 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 reratification 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 convey to 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.
Approved October 27, 2000.
LEGISLATIVE HISTORY--H.R. 3468 (S. 2350):
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HOUSE REPORTS: No. 106-737 (Comm. on Resources).
SENATE REPORTS: No. 106-478 accompanying S. 2350 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 25, considered and passed House.
Oct. 13, considered and passed Senate.
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