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104TH CONGRESS

2D SESSION H. R. 4295

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

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

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. CRAPO introduced the following bill; which was referred to the Committee

on Resources

A BILL

To authorize the Secretary of the Interior to transfer certain

facilities of 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. TRANSFER OF CERTAIN MINIDOKA PROJECT

4 FACILITIES.

5 (a) IN GENERAL.—The Secretary of the Interior

6 (hereinafter referred to as the ‘‘Secretary’’) shall, subject

7 to subsection (d), convey by quitclaim deed or patent all

8 right, title, and interest of the United States in and to

9 the withdrawn and acquired lands and rights-of-way of the

10 Southside Pumping Division (hereinafter referred to as
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1 the ‘‘Division’’) of the Minidoka Project, Idaho, together

2 with the canals, drains, laterals, roads, pumps, checks,

3 headgates, transformers, substations, buildings, trans4 mission lines and other improvements or appurtenances

5 located thereon and used for the delivery of water from

6 Lake Walcott reservoir to the lands within Burley Irriga7 tion District, including all facilities used in conjunction

8 therewith including the electric transmission lines used for

9 the operation of the pumping facilities of the project for

10 which the allocable construction costs have been fully re11 paid, to Burley Irrigation District (hereinafter referred to

12 as the ‘‘District’’), at no cost to the District. The adminis13 trative cost of transfer of title and related activities shall

14 be shared equally between the United States and the Dis15 trict up to a total cost of $80,000 at which time the Unit16 ed States shall pay all remaining costs incurred.

17 (b) WATER RIGHTS.—The Secretary shall also trans18 fer to the District, in accordance with and subject to State

19 law, all natural flow and ground water rights held by the

20 Secretary for the benefit of and for the use on the land

21 within the District, and the allocation of storage space in

22 Minidoka, American Falls, and Palisades reservoirs to the

23 District in accordance with the terms of contract Nos. 14–

24 06–100–2455 and 14–06–W–48 of the District is hereby

25 affirmed, subject to the requirement that the District con-
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1 tinue to assume its allocable costs of operation and main2 tenance associated with such storage facilities.

3 (c) ELECTRIC POWER.—The Secretary shall also pro4 vide the District with a permanent right to project reserve

5 power from the Minidoka, Palisades Black Canyon, and

6 Anderson Ranch reclamation power plants at the cost of

7 production in accordance with understandings and com8 mitments made by the Secretary in acquiring such plants,

9 the Reclamation Act, and the existing contracts for such

10 electrical power. Upon the decision of the Federal Govern11 ment to transfer operation and maintenance or title of the

12 Minidoka Power Plant, the Secretary shall grant to those

13 entities entitled to storage water in Lake Walcott under

14 spaceholder contracts with the United States a right of

15 first refusal to acquire the power plant and related facili16 ties at such reasonable cost and subject to such terms and

17 conditions as may be mutually agreed between

18 spaceholders and the Secretary.

19 (d) USE OF CANAL.—The District shall continue to

20 recognize the right of Minidoka Irrigation District to the

21 joint use of the gravity portion of the Southside Canal

22 being transferred to the District, subject to its compliance

23 with those terms and conditions of that certain contract

24 between the District and Minidoka Irrigation District, and
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1 any amendments or changes hereafter made by agreement

2 of said irrigation districts.

3 (e) FEDERAL LIABILITY.—Effective on the date of

4 conveyance of the title of the distribution and related

5 works of the Division, the United States shall not be held

6 liable by any court for damages of any kind arising out

7 of any act, omission, or occurrence relating to the trans8 ferred works, except for damages caused by acts of neg9 ligence committed by the United States or by its employ10 ees, agents, or contractors prior to the date of conveyance.

11 Nothing in this section shall be deemed to increase the

12 liability of the United States beyond that currently pro13 vided in the Federal Tort Claims Act (28 U.S.C. 2671

14 et seq.).

15 (f) TIMETABLE.—The United States shall complete

16 the transfer, including such action as may be required

17 under the National Environmental Policy Act of 1969 (42

18 U.S.C. 4321 et seq.) within 24 months of the passage of

19 this Act.

20 (g) TRANSFER BY OPERATION OF LAW.—If the

21 transfer is not completed by January 1, 1999, the title

22 and interest of the United States cited in this section are

23 conveyed to the District on that date by operation of law.
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1 Upon the request of the District the Secretary shall pro2 vide evidence of the transfer.

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