I

104TH CONGRESS

1ST SESSION H. R. 1838

To provide for an exchange of lands with the Water Conservancy District

of Washington County, Utah.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 1995

Mr. HANSEN introduced the following bill; which was referred to the

Committee on Resources

A BILL

To provide for an exchange of lands with the Water

Conservancy District of Washington County, Utah.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXCHANGE OF LANDS WITH THE WATER CON4 SERVANCY DISTRICT OF WASHINGTON COUN5 TY, UTAH.

6 (a) IN GENERAL.—Subject to the provisions of this

7 Act, if within 18 months after the date of the enactment

8 of this Act, the Water Conservancy District of Washington

9 County, Utah, offers to transfer to the United States all

10 right, title, and interest of the District in and to the
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1 Bulloch Site, the Secretary of the Interior shall, in ex2 change, transfer to the District all right, title, and interest

3 of the United States in and to the Sand Hollow Site, the

4 Quail Creek Pipeline and Quail Creek Reservoir, subject

5 to valid existing rights.

6 (b) WATER RIGHTS ASSOCIATED WITH THE

7 BULLOCH SITE.—The water rights associated with the

8 Bulloch Site shall not be included in the transfer under

9 subsection (a) but shall be subject to an agreement be10 tween the District and the Secretary that the water re11 main in the Virgin River as an instream flow from the

12 Bulloch Site to the diversion point of the District at the

13 Quail Creek Reservoir.

14 (c) WITHDRAWAL OF MINERAL INTERESTS.—Subject

15 to valid existing rights, the mineral interests underlying

16 the Sand Hollow Site, the Quail Creek Reservoir, and the

17 Quail Creek Pipeline are hereby withdrawn from disposi18 tion under the public land laws and from location, entry,

19 and patent under the mining laws of the United States,

20 from the operation of the mineral leasing laws of the Unit21 ed States, from the operation of the Geothermal Steam

22 Act of 1970, and from the operation of the Act of July

23 31, 1947, commonly known as the ‘‘Materials Act of

24 1947’’ (30 U.S.C. 601 et seq.).
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1 (d) GRAZING.—The exchange of lands under sub2 section (a) shall be subject to agreement by the District

3 to continue to permit the grazing of domestic livestock on

4 the Sand Hollow Site under the terms and conditions of

5 existing Federal grazing leases or permits, except that the

6 District, upon terminating any such lease or permit, shall

7 fully compensate the holder of the terminated lease or per8 mit.

9 SEC. 2. EQUALIZATION OF VALUES.

10 The value of the lands transferred out of Federal

11 ownership under section 1 either shall be equal to the

12 value of the lands received by the Secretary under section

13 1 or, if not, shall be equalized by—

14 (1) to the extent possible, transfer of all right,

15 title, and interest of the District in and to lands in

16 Washington County, Utah, and water rights of the

17 District associated thereto, which are within the

18 area providing habitat for the desert tortoise, as de19 termined by the Director of the Bureau of Land

20 Management;

21 (2) transfer of all right, title, and interest of

22 the District in and to lands in the Smith Site and

23 water rights of the District associated thereto; and

24 (3) the payment of money of the Secretarty, to

25 the extent that lands and rights transferred under
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1 paragraphs (1) and (2) are not sufficient to equalize

2 the values of the lands exchanged under section 1.

3 SEC. 3. MANAGEMENT OF LANDS ACQUIRED BY UNITED

4 STATES.

5 Lands acquired by the Secretary under this Act shall

6 be administered by the Secretary, acting through the Di7 rector of the Bureau of Land Management, in accordance

8 with the provisions of law generally applicable to the pub9 lic lands, including the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1701 et seq.).

11 SEC. 4. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

12 The exchange of lands under this Act is not subject

13 to section 102 of the National Environmental Policy Act

14 of 1969 (42 U.S.C. 4332).

15 SEC. 5. DEFINITIONS.

16 As used in this Act:

17 (1) DISTRICT.—The term ‘‘District’’ means the

18 Water Conservancy District of Washington County,

19 Utah.

20 (2) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior.

22 (3) BULLOCH SITE.—The term ‘‘Bulloch Site’’

23 means the lands located in Kane County, Utah, ad24 jacent to Zion National Park, more particularly de25 scribed as follows:
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BULLOCH SITE

Section Acres

T 39 S R 9 W

(Private)

32 S1⁄2 320

33 SW1⁄4, S1⁄2 SW1⁄4 NW1⁄4 180

Total 500

T 40 S R 9 W

(State)

5 S1⁄2, SW1⁄4 NE1⁄4, NE1⁄4 NE1⁄4 400

6 S1⁄2, NE1⁄4 480

Total 880

GRAND TOTAL 1,380

1 (4) SAND HOLLOW SITE.—The term ‘‘Sand

2 Hollow Site’’ means the lands located in Washington

3 County, Utah, more particularly described as fol4 lows:

SAND HOLLOW RESERVOIR SITE

Section Acres

T 42 S R 14 W 13 SW1⁄4 160

23 E1⁄2, E1⁄2 W1⁄2 480

24 All 640

26 NE1⁄4, E1⁄2 NW1⁄4, N1⁄2 SE1⁄2 320

25 All 640

T 42 S R 13 W 19 W1⁄2, SW1⁄4 SE1⁄4 360

30 W1⁄2, W1⁄2 NE1⁄4 400

GRAND TOTAL 3,000

5 (5) QUAIL CREEK PIPELINE.—The term ‘‘Quail

6 Creek Pipeline’’ means the lands located in Wash7 ington County, Utah, more particularly described as

8 follows:
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QUAIL CREEK PIPELINE

Section Acres

T 41 S R 12 W 30 NW1⁄4 NW1⁄4 40

River-pipeline

Total 40

1 (6) QUAIL CREEK RESERVOIR.—The term

2 ‘‘Quail Creek Reservoir’’ means the lands located in

3 Washington County, Utah, more particularly de4 scribed as follows:

QUAIL CREEK RESERVOIR

Section Acres

T 41 S R 14 W 23 Tract 38 9.51

23 Lot 2 40.00

23 SW1⁄4 SW1⁄4 SE1⁄4 SE1⁄4 2.50

Total 52.01

25 W1⁄2 SW1⁄4 NW1⁄4 20

25 SE1⁄4 SW1⁄4 NW1⁄4 10

25 W1⁄2 SE1⁄4 SE1⁄4 NW1⁄4 5

25 NW1⁄4 SW1⁄4 40

25 W1⁄2 W1⁄2 NE1⁄4 SW1⁄4 10

Total 85

26 Lot 1 15.97

26 Lot 8 40.00

26 Lot 12 17.45

26 Lot 15 42.23

26 Lot 16 42.39

26 SE1⁄4 NE1⁄4 40.00

Total 198.04

35 E1⁄2 E1⁄2 NW1⁄4 40.00

35 SW1⁄4 NE1⁄4 40.00

35 W1⁄2 SE1⁄4 NE1⁄4 20.00

35 NE1⁄4 SE1⁄4 NE1⁄4 10.00

35 N1⁄2 NW1⁄4 SE1⁄4 20.00

35 NW1⁄4 NE1⁄4 SE1⁄4 10.00

35 N1⁄2 SE1⁄4 NW1⁄4 SE1⁄4 5.00
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QUAIL CREEK RESERVOIR—Continued

Section Acres

Total 145.00

Grand Total 480.05

1 (7) SMITH SITE.—The term ‘‘Smith Site’’

2 means the lands located in Washington County,

3 Utah, adjacent to Zion National Park and more par4 ticularly described as follows:

SMITH PROPERTY

Section

T 40 S R 11 W 5 Lots 3, 4, 5, 6, 7, 8, 9, 10, & 11 E1⁄2

SW1⁄4, SE1⁄4 NW1⁄4

6 Lot 1, S1⁄2, NE1⁄4 and beginning at a

point 2 rods west of the northeast corner of the northeast quarter of the

southeast quarter; thence east 2 rods;

thence south 80 rods; thence west 16

rods; thence in a northeasterly direction to the point of beginning

8 E1⁄2 NW1⁄4, E1⁄2 SW1⁄4 and lots 1 & 2 excepting the south 1200 feet of the

SE1⁄4 SW1⁄4

T 39 S R 11 W 30 W1⁄2 NE1⁄4, W1⁄2 SE1⁄4, SE1⁄4 SW1⁄4,

W1⁄2 SE1⁄4 NE1⁄4, W1⁄2 E1⁄2 SE1⁄4

31 E1⁄2, E1⁄2 SW1⁄4 and lots 3 & 4

32 SW1⁄4

Containing 1,550 acres more or less

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