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







                                                       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.

    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.--The Western Area Power 
        Administration shall continue to include the unpaid portion of 
        the transferred facilities in its annual power repayment 
        studies for the Loveland Area Projects until such facilities 
        are repaid in accordance with the laws and policies regarding 
        repayment of investment in effect on the date of enactment of 
        this Act.
    (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.
                                                       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 certain water 
  distribution facilities to the Northern Colorado Water Conservancy 
                               District.

_______________________________________________________________________

                             April 20, 2006

                       Reported without amendment`