II 

109TH CONGRESS 

1ST SESSION S. 1498 

To direct the Secretary of the Interior to convey certain water distribution 

facilities to the Northern Colorado Water Conservancy District. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2005 

Mr. ALLARD (for himself and Mr. SALAZAR) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To direct the Secretary of the Interior to convey certain 

water distribution facilities to the Northern Colorado 

Water Conservancy District. 

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

3 SECTION 1. DEFINITIONS. 

4 In this Act: 

5 (1) CONTRACT.—The term ‘‘contract’’ means— 

6 (A) the contract between the United States 

7 and the Northern Colorado Water Conservancy 

8 District providing for the construction of the 
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1 Colorado-Big Thompson Project, dated July 5, 

2 1938; and 

3 (B) any amendments and supplements to 

4 the contract described in subparagraph (A). 

5 (2) DISTRICT.—The term ‘‘District’’ means the 

6 Northern Colorado Water Conservancy District. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (4) TRANSFERRED WATER DISTRIBUTION FA10 CILITIES.—The term ‘‘transferred water distribution 

11 facilities’’ means the following facilities of the Colo12 rado-Big Thompson Project located in the counties 

13 of Larimer, Boulder, and Weld, Colorado: 

14 (A) The St. Vrain Supply Canal. 

15 (B) The Boulder Creek Supply Canal that 

16 extends from the St. Vrain River to Boulder 

17 Creek, including that portion that extends from 

18 the St. Vrain River to Boulder Reservoir, which 

19 is also known as the ‘‘Boulder Feeder Canal’’. 

20 (C) The South Platte Supply Canal. 

21 SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBU22 TION FACILITIES. 

23 (a) IN GENERAL.—The Secretary shall, as soon as 

24 practicable after the date of the enactment of this Act and 

25 in accordance with all applicable law, convey to the Dis-
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1 trict all right, title, and interest in and to the transferred 

2 water distribution facilities. 

3 (b) CONSIDERATION.— 

4 (1) DISTRICT.— 

5 (A) FINDING.—Congress finds that the 

6 District has completed the obligation of the 

7 District to repay the capital costs of the Colo8 rado-Big Thompson Project under the contract. 

9 (B) NO CONSIDERATION REQUIRED.—The 

10 District shall not be required to provide addi11 tional consideration for the conveyance of the 

12 transferred water distribution facilities under 

13 subsection (a). 

14 (2) ELECTRIC CUSTOMERS.—In consideration 

15 for the conveyance of the transferred water distribu16 tion facilities under subsection (a), the Secretary of 

17 the Treasury shall transfer from the Reclamation 

18 fund in the Treasury to the Secretary 

19 $lllllll, which shall be derived from 

20 amounts collected by the Western Area Power Ad21 ministration for the sale of electricity from the 

22 Loveland Area Projects. 

23 (c) NO EFFECT ON OBLIGATIONS AND RIGHTS.—Ex24 cept as expressly provided in this Act, nothing in this Act 

25 affects or modifies the obligations and rights of the Dis-
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1 trict under the contract, including the obligation of the 

2 District to make payments required under the contract. 

3 SEC. 3. LIABILITY. 

4 Except as otherwise provided by law, effective on the 

5 date of conveyance of the transferred water distribution 

6 facilities under this Act, the United States shall not be 

7 liable for damages of any kind arising out of any act, omis8 sion, or occurrence based on any prior ownership or oper9 ation by the United States of the transferred water dis10 tribution facilities. 

11 SEC. 4. EFFECT. 

12 Any actions or activities undertaken by the Secretary 

13 under this Act shall not affect, impact, or create any addi14 tional burdens or obligations on the New Consolidated 

15 Lower Boulder Reservoir and Ditch Company or the New 

16 Coal Ridge Ditch Company in the full exercise of their 

17 rights to water, water rights, or real property rights or 

18 in the full exercise of their rights to utilize facilities af19 fected by this Act. 

20 SEC. 5. REPORTS. 

21 (a) IN GENERAL.—If the transferred water distribu22 tion facilities have not been conveyed by the Secretary to 

23 the District by the date that is 1 year after the date of 

24 enactment of this Act, not later than 30 days after that 

25 date, the Secretary shall submit to the Committee on En-
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1 ergy and Natural Resources of the Senate and the Com2 mittee on Resources of the House of Representatives a re3 port that describes— 

4 (1) the reasons for the failure to convey the 

5 transferred water distribution facilities; and 

6 (2) the schedule for completing the transfer as 

7 soon as practicable. 

8 (b) ANNUAL REPORTS.—The Secretary shall con9 tinue to provide annual reports that provide the informa10 tion described in subsection (a) until the date on which 

11 the transferred water distribution facilities are conveyed 

12 in accordance with this Act. 

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