II 

Calendar No. 410 

109TH CONGRESS 

2D SESSION H. R. 3443 

[Report No. 109–248] 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2005 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

APRIL 20, 2006 

Reported under authority of the order of the Senate of April 7, 2006, by Mr. 

DOMENICI, without amendment 

AN ACT 

To direct the Secretary of the Interior to convey certain 

water distribution facilities to the Northern Colorado 

Water Conservancy District. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITIONS. 

4 In this Act: 

5 (1) CONTRACT.—The term ‘‘contract’’ means— 

6 (A) the contract between the United States 

7 and the Northern Colorado Water Conservancy 


ycherry on PROD1PC64 with BILLS
2 

•HR 3443 RS

1 District providing for the construction of the 

2 Colorado-Big Thompson Project, dated July 5, 

3 1938; and 

4 (B) any amendments and supplements to 

5 the contract described in subparagraph (A). 

6 (2) DISTRICT.—The term ‘‘District’’ means the 

7 Northern Colorado Water Conservancy District. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (4) TRANSFERRED WATER DISTRIBUTION FA11 CILITIES.—The term ‘‘transferred water distribution 

12 facilities’’ means the following facilities of the Colo13 rado-Big Thompson Project located in the counties 

14 of Larimer, Boulder, and Weld, Colorado: 

15 (A) The St. Vrain Supply Canal. 

16 (B) The Boulder Creek Supply Canal that 

17 extends from the St. Vrain River to Boulder 

18 Creek, including that portion that extends from 

19 the St. Vrain River to Boulder Reservoir, which 

20 is also known as the ‘‘Boulder Feeder Canal’’. 

21 (C) The South Platte Supply Canal. 

22 SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBU23 TION FACILITIES. 

24 (a) IN GENERAL.—The Secretary shall, as soon as 

25 practicable after the date of the enactment of this Act and 


ycherry on PROD1PC64 with BILLS
3 

•HR 3443 RS

1 in accordance with all applicable law, convey to the Dis2 trict all right, title, and interest in and to the transferred 

3 water distribution facilities. 

4 (b) CONSIDERATION.— 

5 (1) DISTRICT.— 

6 (A) FINDING.—Congress finds that the 

7 District has completed the obligation of the 

8 District to repay the capital costs of the Colo9 rado-Big Thompson Project under the contract. 

10 (B) NO CONSIDERATION REQUIRED.—The 

11 District shall not be required to provide addi12 tional consideration for the conveyance of the 

13 transferred water distribution facilities under 

14 subsection (a). 

15 (2) ELECTRIC CUSTOMERS.—The Western Area 

16 Power Administration shall continue to include the 

17 unpaid portion of the transferred facilities in its an18 nual power repayment studies for the Loveland Area 

19 Projects until such facilities are repaid in accordance 

20 with the laws and policies regarding repayment of 

21 investment in effect on the date of enactment of this 

22 Act. 

23 (c) NO EFFECT ON OBLIGATIONS AND RIGHTS.—Ex24 cept as expressly provided in this Act, nothing in this Act 

25 affects or modifies the obligations and rights of the DisVerDate Aug 31 2005 23:40 Apr 20, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3443.RS H3443

ycherry on PROD1PC64 with BILLS
4 

•HR 3443 RS

1 trict under the contract, including the obligation of the 

2 District to make payments required under the contract. 

3 SEC. 3. LIABILITY. 

4 Except as otherwise provided by law, effective on the 

5 date of conveyance of the transferred water distribution 

6 facilities under this Act, the United States shall not be 

7 liable for damages of any kind arising out of any act, omis8 sion, or occurrence based on any prior ownership or oper9 ation by the United States of the transferred water dis10 tribution facilities. 

11 SEC. 4. EFFECT. 

12 Any actions or activities undertaken by the Secretary 

13 under this Act shall not affect, impact, or create any addi14 tional burdens or obligations on the New Consolidated 

15 Lower Boulder Reservoir and Ditch Company or the New 

16 Coal Ridge Ditch Company in the full exercise of their 

17 rights to water, water rights, or real property rights or 

18 in the full exercise of their rights to utilize facilities af19 fected by this Act. 

20 SEC. 5. REPORTS. 

21 (a) IN GENERAL.—If the transferred water distribu22 tion facilities have not been conveyed by the Secretary to 

23 the District by the date that is 1 year after the date of 

24 enactment of this Act, not later than 30 days after that 

25 date, the Secretary shall submit to the Committee on EnVerDate Aug 31 2005 23:40 Apr 20, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3443.RS H3443

ycherry on PROD1PC64 with BILLS
5 

•HR 3443 RS

1 ergy and Natural Resources of the Senate and the Com2 mittee on Resources of the House of Representatives a re3 port that describes— 

4 (1) the reasons for the failure to convey the 

5 transferred water distribution facilities; and 

6 (2) the schedule for completing the transfer as 

7 soon as practicable. 

8 (b) ANNUAL REPORTS.—The Secretary shall con9 tinue to provide annual reports that provide the informa10 tion described in subsection (a) until the date on which 

11 the transferred water distribution facilities are conveyed 

12 in accordance with this Act. 


ycherry on PROD1PC64 with BILLS
Calendar No. 410 

109TH CONGRESS 

2D SESSION H. R. 3443 

[Report No. 109

–248] 

AN ACT 

To direct the Secretary of the Interior to convey 

ern Colorado Water Conservancy District. certain water distribution facilities to the NorthAPRIL 20, 2006 

Reported without amendment 


ycherry on PROD1PC64 with BILLS