II

Calendar No. 896

106TH CONGRESS

2D SESSION S. 2400

[Report No. 106–450]

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

APRIL 11, 2000

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

to the Committee on Energy and Natural Resources

OCTOBER 2 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment

[Omit the part struck through and insert the part printed in italic]

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:
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S 2400 RS

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

2 the contract between the United States and the

3 Northern Colorado Water Conservancy District pro4 viding for the construction of the Colorado-Big

5 Thompson Project, dated July 5, 1938 (including

6 any amendments and supplements).

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

8 Northern Colorado Water Conservancy District.

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

10 the Secretary of the Interior.

11 (4) TRANSFERRED SINGLE-PURPOSE WATER

12 DISTRIBUTION FACILITIES.—The term ‘‘transferred

13 single-purpose water distribution facilities’’ means

14 the North Poudre Supply Canal and Diversion

15 Works, also known as the Munroe Gravity Canal,

16 the Charles Hansen (Supply) Canal and Windsor

17 Extension and the Dixon Feeder Canal, all of which

18 are facilities of the Colorado-Big Thompson Project

19 located in Larimer County, Colorado.

20 SEC. 2. CONVEYANCE OF TRANSFERRED SINGLE-PURPOSE

21 WATER DISTRIBUTION FACILITIES.

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

23 practicable after the date of enactment of this Act and

24 in accordance with all applicable law, convey all right, title,
3

S 2400 RS

1 and interest in and to the transferred single-purpose water

2 distribution facilities to the District.

3 (b) SALE PRICE.—

4 (1) IN GENERAL.—The Secretary may accept

5 from the District $2,198,406 as consideration for

6 the conveyance of the transferred single-purpose

7 water distribution facilities under subsection (a).

8 (1) IN GENERAL.—The Secretary shall accept

9 $355,502 as payment from the District and

10 $1,798,200 as payment from the power customers,

11 under the terms specified in this section, as consider12 ation for the conveyance under subsection (a). Out of

13 the receipts from the sale of power from the Loveland

14 Area Projects collected by the Western Area Power

15 Administration and deposited into the Reclamation

16 Fund of the Treasury in fiscal year 2001, $1,798,200

17 shall be treated as full and complete payment by the

18 power customers of such consideration and as repay19 ment by the power customers of all aid to irrigation

20 associated with the facilities conveyed under sub21 section (a).

22 (2) NO EFFECT ON OBLIGATIONS AND

23 RIGHTS.—Except as expressly provided in this Act,

24 nothing in this Act affects or modifies the obliga25 tions and rights of the District under the contract.
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S 2400 RS

1 (3) PAYMENTS.—Except as provided in sub2 section (c), the District shall continue to make such

3 payments as are required under the contract.

4 (c) CREDIT TOWARD PROJECT REPAYMENT.—On

5 payment by the District of the amount authorized to be

6 accepted under subsection (b)(1), the amount paid shall

7 be credited toward repayment of capital costs of the Colo8 rado-Big Thompson Project in an amount equal to the as9 sociated undiscounted obligation for repayment of the cap10 ital costs.

11 SEC. 3. LIABILITY.

12 Except as otherwise provided by law, effective on the

13 date of conveyance of the transferred single-purpose water

14 distribution facilities under this Act, the United States

15 shall not be liable for damages of any kind arising out

16 of any act, omission, or occurrence based on any prior

17 ownership or operation by the United States of the con18 veyed property.

Calendar No. 896

106TH CONGRESS

2D SESSION S. 2400

[Report No. 106–450]

A BILL

To direct the Secretary of the Interior to convey

certain water distribution facilities to the Northern Colorado Water Conservancy District.

OCTOBER 2 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment