I 

109TH CONGRESS 

1ST SESSION H. R. 3443 

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 

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— 

6 (A) the contract between the United States 

7 and the Northern Colorado Water Conservancy 

8 District providing for the construction of the 

9 Colorado-Big Thompson Project, dated July 5, 

10 1938; and 
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1 (B) any amendments and supplements to 

2 the contract described in subparagraph (A). 

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

4 Northern Colorado Water Conservancy District. 

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

6 the Secretary of the Interior. 

7 (4) TRANSFERRED WATER DISTRIBUTION FA8 CILITIES.—The term ‘‘transferred water distribution 

9 facilities’’ means the following facilities of the Colo10 rado-Big Thompson Project located in the counties 

11 of Larimer, Boulder, and Weld, Colorado: 

12 (A) The St. Vrain Supply Canal. 

13 (B) The Boulder Creek Supply Canal that 

14 extends from the St. Vrain River to Boulder 

15 Creek, including that portion that extends from 

16 the St. Vrain River to Boulder Reservoir, which 

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

18 (C) The South Platte Supply Canal. 

19 SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBU20 TION FACILITIES. 

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

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

23 in accordance with all applicable law, convey to the Dis24 trict all right, title, and interest in and to the transferred 

25 water distribution facilities. 
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1 (b) CONSIDERATION.— 

2 (1) DISTRICT.— 

3 (A) FINDING.—Congress finds that the 

4 District has completed the obligation of the 

5 District to repay the capital costs of the Colo6 rado-Big Thompson Project under the contract. 

7 (B) NO CONSIDERATION REQUIRED.—The 

8 District shall not be required to provide addi9 tional consideration for the conveyance of the 

10 transferred water distribution facilities under 

11 subsection (a). 

12 (2) ELECTRIC CUSTOMERS.—In consideration 

13 for the conveyance of the transferred water distribu14 tion facilities under subsection (a), the Secretary of 

15 the Treasury shall transfer from the Reclamation 

16 fund in the Treasury to the Secretary 

17 [$lllllll], which shall be derived from 

18 amounts collected by the Western Area Power Ad19 ministration for the sale of electricity from the 

20 Loveland Area Projects. 

21 (c) NO EFFECT ON OBLIGATIONS AND RIGHTS.—Ex22 cept as expressly provided in this Act, nothing in this Act 

23 affects or modifies the obligations and rights of the Dis24 trict under the contract, including the obligation of the 

25 District to make payments required under the contract. 
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1 SEC. 3. LIABILITY. 

2 Except as otherwise provided by law, effective on the 

3 date of conveyance of the transferred water distribution 

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

5 liable for damages of any kind arising out of any act, omis6 sion, or occurrence based on any prior ownership or oper7 ation by the United States of the transferred water dis8 tribution facilities. 

9 SEC. 4. EFFECT. 

10 Any actions or activities undertaken by the Secretary 

11 under this Act shall not affect, impact, or create any addi12 tional burdens or obligations on the New Consolidated 

13 Lower Boulder Reservoir and Ditch Company or the New 

14 Coal Ridge Ditch Company in the full exercise of their 

15 rights to water, water rights, or real property rights or 

16 in the full exercise of their rights to utilize facilities af17 fected by this Act. 

18 SEC. 5. REPORTS. 

19 (a) IN GENERAL.—If the transferred water distribu20 tion facilities have not been conveyed by the Secretary to 

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

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

23 date, the Secretary shall submit to the Committee on En24 ergy and Natural Resources of the Senate and the Com25 mittee on Resources of the House of Representatives a re26 port that describes— 
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1 (1) the reasons for the failure to convey the 

2 transferred water distribution facilities; and 

3 (2) the schedule for completing the transfer as 

4 soon as practicable. 

5 (b) ANNUAL REPORTS.—The Secretary shall con6 tinue to provide annual reports that provide the informa7 tion described in subsection (a) until the date on which 

8 the transferred water distribution facilities are conveyed 

9 in accordance with this Act. 

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