II 
Calendar No. 410 
109TH CONGRESS 
2D SESSION 
H. R. 3443 
[Report No. 109–248] 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 14, 2005 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
APRIL 20, 2006 
Reported under authority of the order of the Senate of April 7, 2006, by Mr. 
DOMENICI, without amendment 
AN ACT 
To direct the Secretary of the Interior to convey certain 
water distribution facilities to the Northern Colorado 
Water Conservancy District. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
In this Act: 
(1) CONTRACT.—The term ‘‘contract’’ means— 
(A) the contract between the United States 
and the Northern Colorado Water Conservancy 
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District providing for the construction of the 
Colorado-Big Thompson Project, dated July 5, 
1938; and 
(B) any amendments and supplements to 
the contract described in subparagraph (A). 
(2) DISTRICT.—The term ‘‘District’’ means the 
Northern Colorado Water Conservancy District. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) TRANSFERRED WATER DISTRIBUTION FA-
CILITIES.—The term ‘‘transferred water distribution 
facilities’’ means the following facilities of the Colo-
rado-Big Thompson Project located in the counties 
of Larimer, Boulder, and Weld, Colorado: 
(A) The St. Vrain Supply Canal. 
(B) The Boulder Creek Supply Canal that 
extends from the St. Vrain River to Boulder 
Creek, including that portion that extends from 
the St. Vrain River to Boulder Reservoir, which 
is also known as the ‘‘Boulder Feeder Canal’’. 
(C) The South Platte Supply Canal. 
SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBU-
TION FACILITIES. 
(a) IN GENERAL.—The Secretary shall, as soon as 
practicable after the date of the enactment of this Act and 
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in accordance with all applicable law, convey to the Dis-
trict all right, title, and interest in and to the transferred 
water distribution facilities. 
(b) CONSIDERATION.— 
(1) DISTRICT.— 
(A) FINDING.—Congress finds that the 
District has completed the obligation of the 
District to repay the capital costs of the Colo-
rado-Big Thompson Project under the contract. 
(B) NO CONSIDERATION REQUIRED.—The 
District shall not be required to provide addi-
tional consideration for the conveyance of the 
transferred water distribution facilities under 
subsection (a). 
(2) ELECTRIC CUSTOMERS.—The Western Area 
Power Administration shall continue to include the 
unpaid portion of the transferred facilities in its an-
nual power repayment studies for the Loveland Area 
Projects until such facilities are repaid in accordance 
with the laws and policies regarding repayment of 
investment in effect on the date of enactment of this 
Act. 
(c) NO EFFECT ON OBLIGATIONS AND RIGHTS.—Ex-
cept as expressly provided in this Act, nothing in this Act 
affects or modifies the obligations and rights of the Dis-
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trict under the contract, including the obligation of the 
District to make payments required under the contract. 
SEC. 3. LIABILITY. 
Except as otherwise provided by law, effective on the 
date of conveyance of the transferred water distribution 
facilities under this Act, the United States shall not be 
liable for damages of any kind arising out of any act, omis-
sion, or occurrence based on any prior ownership or oper-
ation by the United States of the transferred water dis-
tribution facilities. 
SEC. 4. EFFECT. 
Any actions or activities undertaken by the Secretary 
under this Act shall not affect, impact, or create any addi-
tional burdens or obligations on the New Consolidated 
Lower Boulder Reservoir and Ditch Company or the New 
Coal Ridge Ditch Company in the full exercise of their 
rights to water, water rights, or real property rights or 
in the full exercise of their rights to utilize facilities af-
fected by this Act. 
SEC. 5. REPORTS. 
(a) IN GENERAL.—If the transferred water distribu-
tion facilities have not been conveyed by the Secretary to 
the District by the date that is 1 year after the date of 
enactment of this Act, not later than 30 days after that 
date, the Secretary shall submit to the Committee on En-
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ergy and Natural Resources of the Senate and the Com-
mittee on Resources of the House of Representatives a re-
port that describes— 
(1) the reasons for the failure to convey the 
transferred water distribution facilities; and 
(2) the schedule for completing the transfer as 
soon as practicable. 
(b) ANNUAL REPORTS.—The Secretary shall con-
tinue to provide annual reports that provide the informa-
tion described in subsection (a) until the date on which 
the transferred water distribution facilities are conveyed 
in accordance with this Act. 
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Calendar No. 410 
109TH CONGRESS 
2D SESSION 
H. R. 3443 
[Report No. 109–248] 
AN ACT 
To direct the Secretary of the Interior to convey 
certain water distribution facilities to the North-
ern Colorado Water Conservancy District. 
APRIL 20, 2006 
Reported without amendment 
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