PUBLIC LAW 106–370—OCT. 27, 2000 114 STAT. 1421

Public Law 106–370

106th Congress

An Act

To direct the Secretary of the Interior to convey to certain water rights to Duchesne

City, Utah.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Duchesne City Water Rights

Conveyance Act’’.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) In 1861, President Lincoln established the Uintah

Valley Reservation by Executive order. The 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 for Duchesne, Utah, by Presidential

proclamation and pursuant to the applicable townsite laws.

(4) In July 1905, the United States, through the Acting

United States 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 were, respectively, ‘‘for irrigation and domestic supply

for townsite purposes in the lands herein described’’, and ‘‘for

the purpose of irrigating Indian 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, Utah.

(7) The State Engineer of Utah approved the change

applications, and the State of Utah issued water right certificates, identified as Certificate Numbers 1034 and 1056, in

the name of the United States Indian Service in 1921, pursuant

Duchesne City

Water Rights

Conveyance Act.

Oct. 27, 2000

[H.R. 3468]

114 STAT. 1422 PUBLIC LAW 106–370—OCT. 27, 2000

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 waters rights of the

Ute Indian Tribe, subject to reratification of the water compact

by the State of Utah and the Tribe.

(10) The Ute Indian Tribe does not oppose legislation that

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.

(11) The Secretary of the Interior requires additional

authority in order to convey title to those appropriations made

by the United States in 1905 in order 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.

SEC. 3. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, UTAH.

(a) CONVEYANCE.—The Secretary of the Interior, as soon as

practicable after the date of the enactment of this Act, and in

accordance with all applicable law, shall convey to Duchesne City,

Utah, or a water district created by Duchesne City, all right, title,

and interest of the United States in and to those water rights

appropriated under the laws of the State of Utah by the Department

of the Interior’s United States Indian Service and identified as

Water Rights Nos. 43–180 (Certificate No. 1034) and 43–203 (Certificate No. 1056) in the records of the State Engineer of Utah.

(b) REQUIRED TERMS.—

(1) IN GENERAL.—As terms of any conveyance under subsection (a), the Secretary shall require that Duchesne City—

(A) shall allow the Ute Indian Tribe of the Uintah

and Ouray Reservation, its members, and any person

leasing or utilizing land that is held in trust for the Tribe

by the United States and is located within the Duchesne

City water service area (as such area may be adjusted

from time to time), to connect to the Duchesne City municipal water system;

(B) shall not require such tribe, members, or person

to pay any water impact, connection, or similar fee for

such connection; and

(C) shall not require such tribe, members, or person

to deliver or transfer any water or water rights for such

connection.

(2) LIMITATION.—Paragraph (1) shall not be construed to

prohibit Duchesne City from charging any person that connects

to the Duchesne City municipal water system pursuant to

paragraph (1) reasonable, customary, and nondiscriminatory

fees to recover costs of the operation and maintenance of the

water system to treat, transport, and deliver water to the

person.

PUBLIC LAW 106–370—OCT. 27, 2000 114 STAT. 1423

LEGISLATIVE HISTORY—H.R. 3468 (S. 2350):

HOUSE REPORTS: No. 106–737 (Comm. on Resources).

SENATE REPORTS: No. 106–478 accompanying S. 2350 (Comm. on Energy and

Natural Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

July 25, considered and passed House.

Oct. 13, considered and passed Senate.

Æ

SEC. 4. WATER RIGHTS.

(a) NO RELINQUISHMENT OR REDUCTION.—Except as provided

in section 3, nothing in this Act may be construed as a relinquishment or reduction of any water rights reserved, appropriated, or

otherwise secured by the United States in the State of Utah on

or before the date of the enactment of this Act.

(b) NO PRECEDENT.—Nothing in this Act may be construed

as establishing a precedent for conveying or otherwise transferring

water rights held by the United States.

SEC. 5. TRIBAL RIGHTS.

Nothing in this Act may be construed to affect or modify any

treaty or other right of the Ute Indian Tribe or any other Indian

tribe.

Approved October 27, 2000.