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[106th Congress Public Law 370]
[From the U.S. Government Printing Office]

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[DOCID: f:publ370.106]

Public Law 106-370
106th Congress

                                 An Act

 
     To direct the Secretary of the <<NOTE: Oct. 27, 2000 -  [H.R. 
  3468]>> 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 <<NOTE: Duchesne City Water Rights 
Conveyance Act.>> 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 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.

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.

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.

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