`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3443 Reported in House (RH)]







                                                 Union Calendar No. 160
109th CONGRESS
  1st Session
                                H. R. 3443

                          [Report No. 109-290]

    To direct the Secretary of the Interior to convey certain water 
  distribution facilities to the Northern Colorado Water Conservancy 
                               District.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2005

 Mrs. Musgrave (for herself and Mr. Udall of Colorado) introduced the 
    following bill; which was referred to the Committee on Resources

                           November 10, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
    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 conveyance of the transferred water distribution 
                facilities under subsection (a).
            (2) Electric customers.--In consideration for the 
        conveyance of the transferred water distribution facilities 
        under subsection (a), the Secretary of the Treasury shall 
        transfer from the Reclamation fund in the Treasury to the 
        Secretary [$_______], which shall be derived from amounts 
        collected by the Western Area Power Administration for the sale 
        of electricity from the Loveland Area Projects.
    (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 (a) until 
the date on which the transferred water distribution facilities are 
conveyed in accordance with this Act.
                                                 Union Calendar No. 160

109th CONGRESS

  1st Session

                               H. R. 3443

                          [Report No. 109-290]

_______________________________________________________________________

                                 A BILL

    To direct the Secretary of the Interior to convey certain water 
  distribution facilities to the Northern Colorado Water Conservancy 
                               District.

_______________________________________________________________________

                           November 10, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed`