I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TRANSFER OF CERTAIN MINIDOKA PROJECT
FACILITIES.
(a) IN GENERAL.—The Secretary of the Interior
(hereinafter referred to as the ‘‘Secretary’’) shall, subject
to subsection (d), convey by quitclaim deed or patent all
right, title, and interest of the United States in and to
the withdrawn and acquired lands and rights-of-way of the
Southside Pumping Division (hereinafter referred to as
the ‘‘Division’’) of the Minidoka Project, Idaho, together
with the canals, drains, laterals, roads, pumps, checks,
headgates, transformers, substations, buildings, trans-
mission lines and other improvements or appurtenances
located thereon and used for the delivery of water from
Lake Walcott reservoir to the lands within Burley Irriga-
tion District, including all facilities used in conjunction
therewith including the electric transmission lines used for
the operation of the pumping facilities of the project for
which the allocable construction costs have been fully re-
paid, to Burley Irrigation District (hereinafter referred to
as the ‘‘District’’), at no cost to the District. The adminis-
trative cost of transfer of title and related activities shall
be shared equally between the United States and the Dis-
trict up to a total cost of $80,000 at which time the Unit-
ed States shall pay all remaining costs incurred.
(b) WATER RIGHTS.—The Secretary shall also trans-
fer to the District, in accordance with and subject to State
law, all natural flow and ground water rights held by the
Secretary for the benefit of and for the use on the land
within the District, and the allocation of storage space in
Minidoka, American Falls, and Palisades reservoirs to the
District in accordance with the terms of contract Nos. 14–
06–100–2455 and 14–06–W–48 of the District is hereby
affirmed, subject to the requirement that the District con-
tinue to assume its allocable costs of operation and main-
tenance associated with such storage facilities.
(c) ELECTRIC POWER.—The Secretary shall also pro-
vide the District with a permanent right to project reserve
power from the Minidoka, Palisades Black Canyon, and
Anderson Ranch reclamation power plants at the cost of
production in accordance with understandings and com-
mitments made by the Secretary in acquiring such plants,
the Reclamation Act, and the existing contracts for such
electrical power. Upon the decision of the Federal Govern-
ment to transfer operation and maintenance or title of the
Minidoka Power Plant, the Secretary shall grant to those
entities entitled to storage water in Lake Walcott under
spaceholder contracts with the United States a right of
first refusal to acquire the power plant and related facili-
ties at such reasonable cost and subject to such terms and
conditions 
as 
may 
be 
mutually 
agreed 
between
spaceholders and the Secretary.
(d) USE OF CANAL.—The District shall continue to
recognize the right of Minidoka Irrigation District to the
joint use of the gravity portion of the Southside Canal
being transferred to the District, subject to its compliance
with those terms and conditions of that certain contract
between the District and Minidoka Irrigation District, and
any amendments or changes hereafter made by agreement
of said irrigation districts.
(e) FEDERAL LIABILITY.—Effective on the date of
conveyance of the title of the distribution and related
works of the Division, the United States shall not be held
liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the trans-
ferred works, except for damages caused by acts of neg-
ligence committed by the United States or by its employ-
ees, agents, or contractors prior to the date of conveyance.
Nothing in this section shall be deemed to increase the
liability of the United States beyond that currently pro-
vided in the Federal Tort Claims Act (28 U.S.C. 2671
et seq.).
(f) TIMETABLE.—The United States shall complete
the transfer, including such action as may be required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) within 24 months of the passage of
this Act.
(g) TRANSFER
BY OPERATION
OF LAW.—If the
transfer is not completed by January 1, 1999, the title
and interest of the United States cited in this section are
conveyed to the District on that date by operation of law.