II

Calendar No. 609

104TH CONGRESS

2D SESSION S. 1921

To authorize the Secretary of the Interior to transfer certain facilities at

the Minidoka project to the Burley Irrigation District, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 1996

Mr. CRAIG introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

SEPTEMBER 16, 1996

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To authorize the Secretary of the Interior to transfer certain

facilities at the Minidoka project to the Burley Irrigation

District, and for other purposes.

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

3 SECTION 1. (a) The Secretary of the Interior (herein4 after referred to as the ‘‘Secretary’’) is authorized to

5 transfer all right, title, and interest of the United States

6 in and to canals, drains, laterals, pumps, properties and
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S 1921 RS

1 withdrawn or acquired lands and roads, together with as2 sociated rights-of-way, of the Minidoka project to and

3 within the service area of the Burley Irrigation District

4 (hereinafter referred to as the ‘‘District’’) for which the

5 allocable construction costs have been fully repaid, without

6 compensation, to the District.

7 (b) The Secretary shall also transfer to the District,

8 in accordance with and subject to State law, any water

9 rights held by the Secretary for the benefit of the District

10 and shall provide the District with a permanent allocation

11 of storage space at Minidoka Dam, American Falls, and

12 Palisades in accordance with the terms of the existing con13 tracts and subject to the requirement that the District

14 continue to assume the allocable costs of operation and

15 maintenance associated with such storage rights.

16 (c) The Secretary shall also provide the District with

17 a permanent right to project power from the Minidoka,

18 Palisades, Black Canyon, and Anderson Ranch power

19 plants at the cost of production in accordance with the

20 understandings and commitments made by the Secretary

21 in acquiring such plants and the existing contracts for

22 such power. At the request of the District, the Secretary

23 is further authorized to transfer such plants to the Dis24 trict at such reasonable cost and subject to such terms
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1 and conditions as may be mutually agreed between the

2 District and the Secretary.

3 SECTION 1. (a) The Secretary of the Interior (herein4 after referred to as the ‘‘Secretary’’) shall, subject to para5 graph (d), convey by quitclaim deed or patent all right,

6 title, and interest of the United States in and to the with7 drawn and acquired lands and rights-of-way of the South8 side Pumping Division (Division) of the Minidoka Project,

9 Idaho, together with the canals, drains, laterals, roads,

10 pumps, checks, headgates, transformers, substations, build11 ings, transmission lines, and other improvements or appur12 tenances located thereon and used for the delivery of water

13 from Lake Walcott reservoir to the lands within Burley Ir14 rigation District, including all facilities used in conjunc15 tion therewith including the electric transmission lines used

16 for the operation of the pumping facilities of the project

17 for which the allocable construction costs have been fully

18 repaid, to Burley Irrigation District (District). The cost of

19 transfer of title and related activities shall be shared equally

20 between the United States and the District up to a total

21 cost of Eighty Thousand Dollars ($80,000) at which time

22 the United States shall pay all remaining costs incurred.

23 (b) The Secretary shall also transfer to the District,

24 in accordance with and subject to State law, all natural

25 flow and ground water rights held by the Secretary for the
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1 benefit of and for the use on the land within the District;

2 and the allocation of storage space in Minidoka, American

3 Falls and Palisades reservoirs to the District in accordance

4 with the terms of contract Nos. 14–06–100–2455 and 14–

5 06–W–48 of the District is hereby affirmed, subject to the

6 requirement that the District continue to assume its alloca7 ble costs of operation and maintenance associated with such

8 storage facilities.

9 (c) The Secretary shall also provide the District with

10 a permanent right to project reserve power from the

11 Minidoka, Palisades Black Canyon, and Anderson Ranch

12 reclamation power plants at the cost of production in ac13 cordance with understandings and commitments made by

14 the Secretary in acquiring such plants, the Reclamation Act

15 and the existing contracts for such electrical power. Upon

16 the decision of the Federal Government to transfer operation

17 and maintenance or title of the Minidoka Power Plant, the

18 Secretary shall grant to those entities entitled to storage

19 water in Lake Walcott under spaceholder contracts with the

20 United States a right of first refusal to acquire the power21 plant and related facilities at such reasonable cost and sub22 ject to such terms and conditions as may be mutually

23 agreed between spaceholders and the Secretary.

24 (d) The District shall continue to recognize the right

25 of Minidoka Irrigation District to joint use of the gravity
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1 portion of the Southside canal being transferred to the Dis2 trict, subject to its compliance with those terms and condi3 tions of that certain contract between the District and

4 Minidoka Irrigation District, and any amendments or

5 changes hereafter made by agreement of said irrigation dis6 tricts.

7 (e) Effective on the date of conveyance of the title of

8 the distribution and related works of the Division, the Unit9 ed States shall not be held liable by any court for damages

10 of any kind arising out of any act, omission, or occurrence

11 relating to the transferred works, except for damages caused

12 by acts of negligence committed by the United States or by

13 its employees, agents, or contractors prior to the date of con14 veyance. Nothing in this section shall be deemed to increase

15 the liability of the United States beyond that currently pro16 vided in the Federal Tort Claims Act, 28 U.S.C. 2671 et

17 seq.

18 (f) The United States shall complete the transfer, in19 cluding such action as may be required under the National

20 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

21 within 24 months of the passage of this Act.

22 (g) If the transfer is not completed by January 1,

23 1999, the title and interest of the United States cited in

24 this section are conveyed to the District on that date by
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1 operation of law. Upon the request of the District the Sec2 retary shall provide evidence of the transfer.

Calendar No. 609

104TH CONGRESS

2D SESSION S. 1921

A BILL

To authorize the Secretary of the Interior to transposes. the Burley Irrigation District, and for other pur- fer certain facilities at the Minidoka project to

SEPTEMBER 16, 1996

Reported with an amendment