PUBLIC LAW 109–321—OCT. 11, 2006 120 STAT. 1753

Public Law 109–321

109th Congress

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

Oct. 11, 2006

[H.R. 3443]

120 STAT. 1754 PUBLIC LAW 109–321—OCT. 11, 2006

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

Deadline.

PUBLIC LAW 109–321—OCT. 11, 2006 120 STAT. 1755

LEGISLATIVE HISTORY—H.R. 3443:

HOUSE REPORTS: No. 109–290 (Comm. on Resources).

SENATE REPORTS: No. 109–248 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 151 (2005): Dec. 13, considered and passed House.

Vol. 152 (2006): Sept. 29, considered and passed Senate.

Æ

(a) until the date on which the transferred water distribution facilities are conveyed in accordance with this Act.

Approved October 11, 2006.