II

Calendar No. 929

106TH CONGRESS

2D SESSION S. 3022

[Report No. 106–480]

To direct the Secretary of the Interior to convey certain irrigation facilities

to the Nampa and Meridian Irrigation District.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 8, 2000

Mr. CRAIG (for himself and Mr. CRAPO) introduced the following bill; which

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

Resources

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment

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

A BILL

To direct the Secretary of the Interior to convey certain

irrigation facilities to the Nampa and Meridian Irrigation

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. SHORT TITLE.

4 This Act may be cited as the ‘‘Nampa and Meridian

5 Conveyance Act’’.
2

S 3022 RS

1 SEC. 2. CONVEYANCE.

2 (a) DEFINITIONS.—In this section:

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

4 Nampa and Meridian Irrigation District, Idaho.

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

6 the Secretary of the Interior.

7 (b) CONVEYANCE OF FACILITIES.—As soon as prac8 ticable after the date of enactment of this Act, the Sec9 retary shall convey to the District, in accordance with the

10 memorandum of agreement between the Secretary and the

11 District, dated July 7, 1999 (contract No. 1425–

12 99MA102500), and all applicable law, all right, title, and

13 interest of the United States in and to any portion of the

14 canals, laterals, drains, and any other portion of the water

15 distribution and drainage system that is operated or main16 tained by the District for delivery of water to and drainage

17 of water from land within the boundaries of the District.

18 (c) LIABILITY.—Effective on the date of the convey19 ance of facilities under this Act, the United States shall

20 not be liable for damages of any kind arising out of any

21 act, omission, or occurrence based on prior ownership or

22 operation of the conveyed facilities by the United States.

23 (d) EXISTING RIGHTS NOT AFFECTED.—

24 (1) NO EFFECT ON WATER RIGHTS.—No water

25 rights shall be transferred, modified, or otherwise af-
3

S 3022 RS

1 fected by the conveyance of facilities to the District

2 under this Act.

3 (2) NO EFFECT ON CONTRACTUAL OR STATE

4 LAW.—The conveyance of facilities and interests to

5 the District under this Act shall not affect or abro6 gate any provision of a contract executed by the

7 United States, or any State law, regarding any right

8 of an irrigation district to use water developed in the

9 facilities conveyed.

10 SECTION 1. SHORT TITLE.

11 This Act may be cited as the ‘‘Nampa and Meridian

12 Conveyance Act’’.

13 SEC. 2. CONVEYANCE OF FACILITIES.

14 The Secretary of the Interior (in this Act referred to

15 as the ‘‘Secretary’’) shall, as soon as practicable after the

16 date of enactment of this Act, convey facilities to the Nampa

17 and Meridian Irrigation District (in this Act referred to

18 as the ‘‘District’’) in accordance with all applicable laws

19 and pursuant to the terms of the Memorandum of Agree20 ment (contract No. 1425–99MA102500, dated 7 July 1999)

21 between the Secretary and the District. The conveyance of

22 facilities shall include all right, title, and interest of the

23 United States in and to any portion of the canals, laterals,

24 drains, and any other portion of the water distribution and

25 drainage system that is operated or maintained by the Dis-
4

S 3022 RS

1 trict for delivery of water to and drainage of water from

2 lands within the boundaries of the District.

3 SEC. 3. LIABILITY.

4 Except as otherwise provided by law, effective on the

5 date of conveyance of facilities under this Act, the United

6 States shall not be liable for damages of any kind arising

7 out of any act, omission, or occurrence based on its prior

8 ownership or operation of the conveyed property.

9 SEC. 4. EXISTING RIGHTS NOT AFFECTED.

10 Nothing in this Act affects the rights of any person

11 except as provided in this Act. No water rights shall be

12 transferred, modified, or otherwise affected by the convey13 ance of facilities and interests to the Nampa and Meridian

14 Irrigation District under this Act. Such conveyance shall

15 not affect or abrogate any provision of any contract exe16 cuted by the United States or State law regarding any irri17 gation district’s right to use water developed in the facilities

18 conveyed.

Calendar No. 929

106TH CONGRESS

2D SESSION S. 3022

[Report No. 106–480]

A BILL

To direct the Secretary of the Interior to convey

certain irrigation facilities to the Nampa and Meridian Irrigation District.

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment