```

[House Report 106-737]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-737

======================================================================

 
               DUCHESNE CITY WATER RIGHTS CONVEYANCE ACT

                                _______
                                

 July 17, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3468]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3468) to direct the Secretary of the Interior to convey 
to certain water rights to Duchesne City, Utah, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The H.R. 3468 directs the Secretary of the Interior to 
convey certain water rights to Duchesne City, Utah.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Duchesne City Water Rights Conveyance Act, sponsored by 
Congressman Chris Cannon, gives water rights, previously 
appropriated to the United States Indian Service to the City of 
Duchesne. This is essentially a technical change, giving 
Duchesne rights to water it has always used. In exchange, the 
Ute Indian Tribe and any affiliates will connect to the 
Duchesne City municipal water system without any water impact 
or connection fee. The bill also provides that the Tribe or any 
affiliates must not be required to transfer any water or water 
rights in exchange for the connection.
    When the City of Duchesne was established in 1905, the 
Secretary of the Interior directed the Commissioner of Indian 
Affairs to select certain tracts of land in the Uintah Indian 
Reservations to be reserved under the Townsite Act. Shortly 
thereafter, the Acting Indian Agent for the Uintah Indian 
Reservation filed two applications for appropriate water for 
municipal and domestic uses in the City of Duchesne. The holder 
of these rights is the U.S. Indian Service and it provides that 
the water is be used by the City for domestic and municipal 
uses. The City has always used the water. However, since the 
U.S. Indian Service no longer exists, there is no ability to 
transfer the water right to the City of Duchesne. This bill 
would convey those rights.
    With regard to the historical situation, the Committee 
understands that:
          (1) in 1861, President Lincoln established the Uintah 
        Valley Reservation by Executive Order, Congress 
        confirmed the Executive Order in 1864 (13 Stat. 63), 
        and additional lands were added to form the Uintah 
        Indian Reservation (now known as the Uintah and Ouray 
        Indian Reservation);
          (2) pursuant to subsequent acts of Congress, lands 
        were allotted to the Indians of the reservation, and 
        unallotted lands were restored to the public domain to 
        be disposed of under homestead and townsite laws;
          (3) in July 1905, President Theodore Roosevelt 
        reserved lands for the townsite of Duchesne by 
        Presidential proclamation and pursuant to the 
        applicable townsite laws;
          (4) in July 1905, the United States, through the 
        ``Acting U.S. Indian Agent In behalf of the Indians of 
        the Uintah Indian Reservation, Utah,'' filed two 
        applications, 43-180 and 43-203, under the laws of the 
        State of Utah to appropriate certain waters;
          (5) the stated purposes of the water appropriation 
        applications respectively ``for irrigation and domestic 
        supply for townsite purposes in the lands herein 
        described,'' and ``for the purpose of irrigatingIndian 
allotments on the Uintah Indian Reservation, Utah . . . and for an 
irrigating and domestic water supply for townsite purposes in the lands 
herein described'';
          (6) the United States subsequently filed change 
        applications which provided that the entire 
        appropriation would be used for ``municipal and 
        domestic purposes'' in the town of Duchesne;
          (7) the State Engineer approved the change 
        application, and the State of Utah issued water rights 
        certificates, identified as Certificate Number 1034 and 
        1056, in the name of the United States Indian Service 
        in 1921, pursuant to the applications filed, for 
        domestic and municipal uses in the town of Duchesne;
          (8) non-Indians settled the town of Duchesne, and the 
        inhabitants have utilized the waters appropriated by 
        the United States for townsite purposes;
          (9) pursuant to Title V of Public Law 102-575, 
        Congress ratified the quantification of the reserved 
        water rights of the Ute Indian Tribe, subject to re-
        ratification of the water compact by the State of Utah 
        and the Tribe;
          (10) the Ute Indian Tribe does not oppose legislation 
        which will convey the water rights appropriated by the 
        United States in 1905 to the City of Duchesne because 
        the appropriations do not serve the purposes, rights, 
        or interests of the Tribe or its members, because the 
        full amount of the reserved water rights of the Tribe 
        will be quantified in other proceedings, and because 
        the Tribe and its members will receive substantial 
        benefits through such legislation; and
          (11) the Secretary of the Interior requires 
        additional authority to clear title to those 
        appropriations made by the United States in 1905 for 
        the City of Duchesne to continue to enjoy the use of 
        those water rights and to provide additional benefits 
        to the Ute Indian Tribe and its members as originally 
        envisioned by the 1905 appropriations.
    The Committee recognizes that in carrying out the 
conveyance authorized by section 2 of the bill, the Secretary 
of the Interior shall comply with any applicable environmental 
laws and regulations. Additionally, except as provided in 
section 2, nothing in this bill may be construed as a 
relinquishment or reduction of any water rights reserved, 
appropriated, or otherwise secured by the United States under 
the laws of the State of Utah on or before the date of 
enactment of H.R. 3468. Nothing in this bill may be construed 
as establishing a precedent for conveying or otherwise 
transferring water rights held by the United States. Finally, 
nothing in this bill may be construed to affect or modify any 
treaty or other right of the Ute Indian Tribe or any other 
Indian Tribe.

                            Committee Action

    H.R. 3468 was introduced on November 18, 1999, by 
Congressman Chris Cannon (R-UT). The bill was referred to the 
Committee on Resources. On April 4, 2000, the Committee held a 
hearing on the bill. On May 24, 2000, the Full Resources 
Committee met to mark up the bill. No amendments were offered 
and the bill was ordered favorably reported to the House of 
Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance with House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3468, the Duchesne 
City Water Rights Conveyance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Applebaum, who can be reached at 266-2860.
            Sincerely,
                                        Steven M. Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3468--Duchesne City Water Rights Conveyance Act

    H.R. 3468 would direct the Secretary of the Interior to 
convey certain water rights to Duchesne City, Utah. In 1905, 
the federal government obtained certificates for these water 
rights under Utah state laws. In practice, Duchesne City has 
always used the water rights for its water supply. As a result, 
CBO estimates that implementing S. 3468 would have no 
significant impact on the federal budget.
    H.R. 3468 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no private-sector or intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act. As a condition of 
receiving these water rights, the bill would require Duchesne 
City to allow the Ute Tribe or members of that tribe to access 
the municipal water system without paying water impact or 
connection fees.
    The CBO staff contracts for this estimate are Rachel 
Applebaum (for federal costs), and Marjorie Miller (for the 
state, local, and tribal impact). This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                

```