I
105TH CONGRESS
1ST SESSION
H. R. 2506
To direct the Secretary of the Interior to convey the Collbran Reclamation
Project to the Ute Water Conservancy District and the Collbran Conser-
vancy District.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 18, 1997
Mr. MCINNIS introduced the following bill; which was referred to the Commit-
tee on Resources, and in addition to the Committee on Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To direct the Secretary of the Interior to convey the Collbran
Reclamation Project to the Ute Water Conservancy Dis-
trict and the Collbran Conservancy District.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Collbran Project Unit
Conveyance Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) DISTRICTS.—The term ‘‘Districts’’ means
the Ute Water Conservancy District and the
Collbran Conservancy District (including their suc-
cessors and assigns), which are political subdivisions
of the State of Colorado.
(2) FEDERAL RECLAMATION LAWS.—The term
‘‘Federal reclamation laws’’ means the Act of June
17, 1902, and Acts amendatory thereof or supple-
mentary thereto (32 Stat. 388, chapter 1093; 43
U.S.C. 371 et seq.) (including regulations adopted
under those Acts).
(3) PROJECT.—The term ‘‘project’’ means the
Collbran Reclamation project, as constructed and
operated under the Act of July 3, 1952 (66 Stat.
325, chapter 565), including all property, equip-
ment, and assets of or relating to the project that
are owned by the United States, including—
(A) Vega Dam and Reservoir (but not in-
cluding the Vega Recreation Facilities);
(B) Leon-Park dams and feeder canal;
(C) Southside Canal;
(D) East Fork diversion dam and feeder
canal;
(E) Bonham-Cottonwood pipeline;
(F) Snowcat shed and diesel storage;
(G) Upper Molina penstock and power
plant;
(H) Lower Molina penstock and power
plant;
(I) the diversion structure in the tailrace of
the Lower Molina power plant;
(J) all substations and switchyards;
(K) a nonexclusive easement for the use of
existing easements or rights-of-way owned by
the United States on or across non-Federal
land that are necessary for access to project fa-
cilities;
(L) title to land reasonably necessary for
all project facilities (except land described in
subparagraph (K) or paragraph (2) or (3) of
section 3(a));
(M) all permits and contract rights held by
the Bureau of Reclamation, including without
limitation or contract or other rights relating to
the operation, use, maintenance, repair, or re-
placement of the water storage reservoirs lo-
cated on the Grand Mesa that are operated as
part of the project;
(N) all equipment, parts inventories, and
tools;
(O) all additions, replacements, better-
ments, and appurtenances to any of the land,
interests in land, personal property, permits,
contract rights, or facilities described in sub-
paragraphs (A) through (N); and
(P) a copy of all data, plans, designs, re-
ports, records, or other materials, whether in
writing or in any form of electronic storage, re-
lating specifically to the project.
(4) VEGA RECREATION FACILITIES.—The term
‘‘Vega Recreation Facilities’’ includes—
(A) buildings, campgrounds, picnic areas,
parking lots, fences, boat docks and ramps,
electrical lines, water and sewer systems, trash
and toilet facilities, roads, a nonexclusive ease-
ment for use of the road over Vega Dam, trails,
and other structures and equipment used for
State park purposes (such as recreation, main-
tenance, and daily and overnight visitor use), at
and near Vega Reservoir;
(B) lands above the high water level of
Vega Reservoir within the area previously de-
fined by the Secretary as the ‘‘Reservoir Area
Boundary’’ that have not historically been uti-
lized for Collbran project water storage and de-
livery facilities, together with an easement for
public access for recreational purposes to Vega
Reservoir and the water surface of Vega Res-
ervoir and for construction, operation, mainte-
nance, and replacement of facilities for rec-
reational purposes below the high water line;
and
(C) improvements constructed or added
under the agreements referred to in section
3(f).
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 3. CONVEYANCE.
(a) IN GENERAL.—
(1) CONVEYANCE TO DISTRICTS.—
(A) IN GENERAL.—On or before the date
that is 1 year after the date of enactment of
this Act, the Secretary shall convey to the Dis-
tricts all right, title, and interest of the United
States in and to the project by quitclaim deed
and bill of sale, without warranties, subject only
to the requirements of this Act.
(B) ACTION
PENDING
CONVEYANCE.—
Until the conveyance under subparagraph (A)
occurs, the Commissioner of Reclamation shall
continue to exercise the responsibility to provide
for the operation, maintenance, repair, and re-
placement of project facilities and the storage
reservoirs on the Grand Mesa to the extent that
the responsibility is the responsibility of the Bu-
reau of Reclamation and has not been delegated
to the Districts before the date of enactment of
this Act or is not delegated or transferred to
the Districts by agreement after that date, so
that at the time of the conveyance the facilities
are in the same condition as, or better condition
than, the condition of the facilities on the date
of enactment of this Act.
(2) EASEMENTS ON NATIONAL FOREST SYSTEM
LANDS.—
(A) IN GENERAL.—On or before the date
that is 1 year after the date of enactment of
this Act, the Secretary of Agriculture shall
grant, subject only to the requirements of this
Act—
(i) a nonexclusive easement on and
across National Forest System land to the
Districts for ingress and egress on access
routes in existence on the date of enact-
ment of this Act to each component of the
project and each storage reservoir on the
Grand Mesa in existence on the date of en-
actment of this Act that is operated as
part of the project;
(ii) a nonexclusive easement on Na-
tional Forest System land for the oper-
ation, use, maintenance, repair, and re-
placement (but not enlargement) of the
storage reservoirs on the Grand Mesa in
existence on the date of enactment of this
Act to the owners and operators of the res-
ervoirs that are operated as a part of the
project; and
(iii) a nonexclusive easement to the
Districts for the operation, use, mainte-
nance, repair, and replacement (but not
enlargement) of the components of project
facilities that are located on National For-
est System land, subject to the require-
ment that the Districts shall provide rea-
sonable notice to and the opportunity for
consultation with the designated represent-
ative of the Secretary of Agriculture for
nonroutine, nonemergency activities that
occur on the easement.
(B) EXERCISE OF EASEMENT.—The ease-
ment under subparagraph (A)(ii) may be exer-
cised if the land use authorizations for the stor-
age reservoirs described in subparagraph (A)(ii)
are restricted, terminated, relinquished, or
abandoned, and the easement shall not be sub-
ject to conditions or requirements that interfere
with or limit the use of the reservoirs for water
supply or power purposes.
(3) EASEMENTS TO DISTRICTS FOR SOUTHSIDE
CANAL.—On or before the date that is 1 year after
the date of enactment of this Act, the Secretary
shall grant to the Districts, subject only to the re-
quirements of this Act—
(A) a nonexclusive easement on and across
land administered by agencies within the De-
partment of the Interior for ingress and egress
on access routes to and along the Southside
Canal in existence on the date of enactment of
this Act; and
(B) a nonexclusive easement for the oper-
ation, use, maintenance, repair, and replace-
ment of the Southside Canal, subject to the re-
quirement that the Districts shall provide rea-
sonable notice to and the opportunity for con-
sultation with the designated representative of
the Secretary for nonroutine, nonemergency ac-
tivities that occur on the easement.
(4) WHEN EASEMENTS GRANTED.—The ease-
ments under paragraphs (2) and (3) shall be grant-
ed before or simultaneously with the conveyance of
the project under paragraph (1).
(b) RESERVATION.—
(1) IN GENERAL.—The conveyance of rights or
interests under subsection (a) shall reserve to the
United States all minerals (including hydrocarbons)
and a perpetual right of public access over, across,
under, and to the portions of the project that on the
date of enactment of this Act were open to public
use for fishing, boating, hunting, and other outdoor
recreation purposes and other public uses such as
grazing, mineral development, and logging.
(2) RECREATIONAL
ACTIVITIES.—The United
States may allow for continued public use and enjoy-
ment of such portions of the project for recreational
activities and other public uses as are conducted as
of the date of enactment of this Act.
(c) CONVEYANCE
TO STATE
OF COLORADO.—All
right, title, and interest in the Vega Recreation Facilities
shall remain in the United States until the terms of the
agreements referred to in subsection (f) have been fulfilled
by the United States, at which time all right, title, and
interest in the Vega Recreation Facilities shall be con-
veyed by the Secretary to the State of Colorado, Division
of Parks and Outdoor Recreation.
(d) PAYMENT.—
(1) IN GENERAL.—At the time of the convey-
ance under subsection (a)(1), the Districts shall pay
to the United States $12,900,000 ($12,300,000 of
which represents the net present value of the out-
standing repayment obligations for the project), of
which—
(A) $12,300,000 shall be deposited in the
general fund of the Treasury of the United
States; and
(B) $600,000 shall be deposited in a spe-
cial account in the Treasury of the United
States and shall be available to the United
States Fish and Wildlife Service, Region 6,
without further Act of appropriation, for use in
funding Colorado operations and capital ex-
penditures associated with the Grand Valley
Water Management Project for the purpose of
recovering endangered fish in the Upper Colo-
rado River Basin, as identified in the Recovery
Implementation Program for Endangered Fish
Species in the Upper Colorado River Basin, or
such other component of the Recovery Imple-
mentation Program within Colorado as may be
selected with the concurrence of the Governor
of the State of Colorado.
(2) SOURCE OF FUNDS.—Funds for the pay-
ment to the extent of the amount specified in para-
graph (1) shall not be derived from the issuance or
sale, prior to the conveyance, of State or local bonds
the interest on which is exempt from taxation under
section 103 of the Internal Revenue Code of 1986.
(e) OPERATION OF PROJECT.—
(1) IN GENERAL.—
(A) DECLARATION.—The project was au-
thorized and constructed under the Act of July
3, 1952 (66 Stat. 325, chapter 565) for the
purpose of placing water to beneficial use for
authorized purposes within the State of Colo-
rado.
(B) OPERATION.—The project shall be op-
erated and used by the Districts for a period of
40 years after the date of enactment of this Act
for the purposes for which the project was au-
thorized.