H. R. 3443

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

An Act 

To direct the Secretary of the Interior to convey certain water distribution facilities 

to the Northern Colorado Water Conservancy District.

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 
H. R. 3443—2

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 
H. R. 3443—3

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

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.