IB 

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. 

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— 
2 

•HR 3443 RH 

1 (A) the contract between the United States 

2 and the Northern Colorado Water Conservancy 

3 District providing for the construction of the 

4 Colorado-Big Thompson Project, dated July 5, 

5 1938; and 

6 (B) any amendments and supplements to 

7 the contract described in subparagraph (A). 

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

9 Northern Colorado Water Conservancy District. 

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

11 the Secretary of the Interior. 

12 (4) TRANSFERRED WATER DISTRIBUTION FA13 CILITIES.—The term ‘‘transferred water distribution 

14 facilities’’ means the following facilities of the Colo15 rado-Big Thompson Project located in the counties 

16 of Larimer, Boulder, and Weld, Colorado: 

17 (A) The St. Vrain Supply Canal. 

18 (B) The Boulder Creek Supply Canal that 

19 extends from the St. Vrain River to Boulder 

20 Creek, including that portion that extends from 

21 the St. Vrain River to Boulder Reservoir, which 

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

23 (C) The South Platte Supply Canal. 
3 

•HR 3443 RH 

1 SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBU2 TION FACILITIES. 

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

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

5 in accordance with all applicable law, convey to the Dis6 trict all right, title, and interest in and to the transferred 

7 water distribution facilities. 

8 (b) CONSIDERATION.— 

9 (1) DISTRICT.— 

10 (A) FINDING.—Congress finds that the 

11 District has completed the obligation of the 

12 District to repay the capital costs of the Colo13 rado-Big Thompson Project under the contract. 

14 (B) NO CONSIDERATION REQUIRED.—The 

15 District shall not be required to provide addi16 tional consideration for the conveyance of the 

17 transferred water distribution facilities under 

18 subsection (a). 

19 (2) ELECTRIC CUSTOMERS.—In consideration 

20 for the conveyance of the transferred water distribu21 tion facilities under subsection (a), the Secretary of 

22 the Treasury shall transfer from the Reclamation 

23 fund in the Treasury to the Secretary 

24 [$lllllll], which shall be derived from 

25 amounts collected by the Western Area Power Ad-
4 

•HR 3443 RH 

1 ministration for the sale of electricity from the 

2 Loveland Area Projects. 

3 (c) NO EFFECT ON OBLIGATIONS AND RIGHTS.—Ex4 cept as expressly provided in this Act, nothing in this Act 

5 affects or modifies the obligations and rights of the Dis6 trict under the contract, including the obligation of the 

7 District to make payments required under the contract. 

8 SEC. 3. LIABILITY. 

9 Except as otherwise provided by law, effective on the 

10 date of conveyance of the transferred water distribution 

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

12 liable for damages of any kind arising out of any act, omis13 sion, or occurrence based on any prior ownership or oper14 ation by the United States of the transferred water dis15 tribution facilities. 

16 SEC. 4. EFFECT. 

17 Any actions or activities undertaken by the Secretary 

18 under this Act shall not affect, impact, or create any addi19 tional burdens or obligations on the New Consolidated 

20 Lower Boulder Reservoir and Ditch Company or the New 

21 Coal Ridge Ditch Company in the full exercise of their 

22 rights to water, water rights, or real property rights or 

23 in the full exercise of their rights to utilize facilities af24 fected by this Act. 
5 

•HR 3443 RH 

1 SEC. 5. REPORTS. 

2 (a) IN GENERAL.—If the transferred water distribu3 tion facilities have not been conveyed by the Secretary to 

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

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

6 date, the Secretary shall submit to the Committee on En7 ergy and Natural Resources of the Senate and the Com8 mittee on Resources of the House of Representatives a re9 port that describes— 

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

11 transferred water distribution facilities; and 

12 (2) the schedule for completing the transfer as 

13 soon as practicable. 

14 (b) ANNUAL REPORTS.—The Secretary shall con15 tinue to provide annual reports that provide the informa16 tion described in subsection (a) until the date on which 

17 the transferred water distribution facilities are conveyed 

18 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 

ern Colorado Water Conservancy District. certain water distribution facilities to the NorthNOVEMBER 10, 2005 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed