IIB 

109TH CONGRESS 

1ST SESSION H. R. 3443 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2005 

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

Resources 

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, 
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HR 3443 RFS 

1 SECTION 1. DEFINITIONS. 

2 In this Act: 

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

4 (A) the contract between the United States 

5 and the Northern Colorado Water Conservancy 

6 District providing for the construction of the 

7 Colorado-Big Thompson Project, dated July 5, 

8 1938; and 

9 (B) any amendments and supplements to 

10 the contract described in subparagraph (A). 

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

12 Northern Colorado Water Conservancy District. 

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

14 the Secretary of the Interior. 

15 (4) TRANSFERRED WATER DISTRIBUTION FA16 CILITIES.—The term ‘‘transferred water distribution 

17 facilities’’ means the following facilities of the Colo18 rado-Big Thompson Project located in the counties 

19 of Larimer, Boulder, and Weld, Colorado: 

20 (A) The St. Vrain Supply Canal. 

21 (B) The Boulder Creek Supply Canal that 

22 extends from the St. Vrain River to Boulder 

23 Creek, including that portion that extends from 

24 the St. Vrain River to Boulder Reservoir, which 

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

26 (C) The South Platte Supply Canal. 
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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.—The Western Area 

20 Power Administration shall continue to include the 

21 unpaid portion of the transferred facilities in its an22 nual power repayment studies for the Loveland Area 

23 Projects until such facilities are repaid in accordance 

24 with the laws and policies regarding repayment of 

25 investment in effect on the date of enactment of this 

26 Act. 
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1 (c) NO EFFECT ON OBLIGATIONS AND RIGHTS.—Ex2 cept as expressly provided in this Act, nothing in this Act 

3 affects or modifies the obligations and rights of the Dis4 trict under the contract, including the obligation of the 

5 District to make payments required under the contract. 

6 SEC. 3. LIABILITY. 

7 Except as otherwise provided by law, effective on the 

8 date of conveyance of the transferred water distribution 

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

10 liable for damages of any kind arising out of any act, omis11 sion, or occurrence based on any prior ownership or oper12 ation by the United States of the transferred water dis13 tribution facilities. 

14 SEC. 4. EFFECT. 

15 Any actions or activities undertaken by the Secretary 

16 under this Act shall not affect, impact, or create any addi17 tional burdens or obligations on the New Consolidated 

18 Lower Boulder Reservoir and Ditch Company or the New 

19 Coal Ridge Ditch Company in the full exercise of their 

20 rights to water, water rights, or real property rights or 

21 in the full exercise of their rights to utilize facilities af22 fected by this Act. 

23 SEC. 5. REPORTS. 

24 (a) IN GENERAL.—If the transferred water distribu25 tion facilities have not been conveyed by the Secretary to 
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1 the District by the date that is 1 year after the date of 

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

3 date, the Secretary shall submit to the Committee on En4 ergy and Natural Resources of the Senate and the Com5 mittee on Resources of the House of Representatives a re6 port that describes— 

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

8 transferred water distribution facilities; and 

9 (2) the schedule for completing the transfer as 

10 soon as practicable. 

11 (b) ANNUAL REPORTS.—The Secretary shall con12 tinue to provide annual reports that provide the informa13 tion described in subsection (a) until the date on which 

14 the transferred water distribution facilities are conveyed 

15 in accordance with this Act. 

Passed the House of Representatives December 13, 

2005. 

Attest: KAREN L. HAAS, 

Clerk.