I
105TH CONGRESS
2D SESSION
H. R. 3677
To authorize and direct the Secretary of the Interior to convey certain
works, facilities, and titles of the Gila Project, and Designated Lands
within or adjacent to the Gila Project, to the Wellton-Mohawk Irrigation
and Drainage District, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. PASTOR introduced the following bill; which was referred to the
Committee on Resources
A BILL
To authorize and direct the Secretary of the Interior to
convey certain works, facilities, and titles of the Gila
Project, and Designated Lands within or adjacent to
the Gila Project, to the Wellton-Mohawk Irrigation and
Drainage 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. CONVEYANCE OF TITLE TO WORKS, FACILI-
TIES, AND LANDS.
(a) DEFINITIONS.—
(1) 
CONSOLIDATED
CONTRACT.—The 
term
‘‘consolidated contract’’ means the ‘‘Amendatory and
Supplemental Consolidated Contract with Wellton-
Mohawk Irrigation and Drainage District for Deliv-
ery of Water, Construction of Works, Repayment,
and Project Power Supply’’ (Reclamation’s Contract
Number 1–07–30–W0021 Amendment No. 1) and
any amendments or supplements.
(2) DESIGNATED
LANDS.—The term ‘‘Des-
ignated Lands’’ means those lands within or adja-
cent to the Division designated by Wellton-Mohawk,
in conjunction with Reclamation, on the Production
Re-examination Board maps referenced in the Con-
solidated Contract. Wellton-Mohawk will acquire the
Designated Lands by fair value purchase or ex-
change as set forth in the Memorandum of
Agreement.
(3) DIVISION.—The term ‘‘Division’’ means the
Wellton-Mohawk Division of the Gila Project,
Arizona.
(4) MEMORANDUM OF AGREEMENT.—The term
‘‘Memorandum of Agreement’’ means the agreement
to be made between the Secretary and Wellton-Mo-
hawk setting forth, among other things, the amount
of administrative costs to be shared by the United
States and Wellton-Mohawk; the fair value price of
the Designated Lands to be purchased by Wellton-
Mohawk; the date certain by which transfer must be
completed to avoid transfer by operation of law; and,
addressing salinity control concerns of Reclamation
with regards to return flows from Wellton-Mohawk.
(5) RECLAMATION.—The term ‘‘Reclamation’’
means the Department of the Interior, Bureau of
Reclamation.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) WELLTON-MOHAWK.—The term ‘‘Wellton-
Mohawk’’ means the Wellton-Mohawk Irrigation and
Drainage District, an irrigation and drainage dis-
trict created, organized and existing under and by
virtue of the laws of the State of Arizona. Wellton-
Mohawk is a fully paid out single reclamation pur-
pose district and intends to continue to operate as
a single reclamation purpose district following trans-
fer of title to its works, facilities, and lands.
(8) WESTERN.—The term ‘‘Western’’ means
the Department of Energy, Western Area Power
Administration.
(b) CONVEYANCE.—The Secretary shall, upon pay-
ment of such consideration as provided in this section and
section (d) (requiring fair value payment for Designated
Lands) and none other, convey to Wellton-Mohawk, by
quitclaim deed or patent, all right, title, and interest of
the United States in and to Designated Lands, easements,
and rights-of-way of or in connection with the Division,
together with the pumping plants, canals, drains, laterals,
roads, pumps, motors, checks, headgates, relifts, trans-
formers, buildings, works, including Gila River flood pro-
tection and control works and related works and facilities
made a part of the project works by Reclamation Contract
9–07–30–W0117, and other improvements or appur-
tenances to the land or used for the delivery of water from
the headworks (but not the headworks themselves) of the
Wellton-Mohawk Canal, including all facilities used in con-
junction with the Division (including the Wellton-Mohawk
Main Conveyance Channel and drainage facilities of the
Division and related purposes for which the allocable con-
struction costs have been fully repaid by Wellton-Mo-
hawk). Administrative costs, including costs associated
with compliance with procedural requirements of environ-
mental or other statutes, of transfer of title to works, fa-
cilities, and lands and related activities shall be paid in
equal shares by the United States and Wellton-Mohawk,
pursuant to the Memorandum of Agreement. Reclamation
is hereby authorized to expend funds for the purpose of
completing the transfer of title to works, facilities, and
lands herein authorized and directed.
(c) WATER AND POWER DELIVERY.—Notwithstand-
ing the transfer of title to works, facilities, and lands, the
Secretary shall continue to deliver water to Wellton-Mo-
hawk in accordance with the terms of the Consolidated
Contract. Notwithstanding the transfer of title to works,
facilities, and lands, the Secretary and Western shall con-
tinue to provide Wellton-Mohawk with project reserved
power from the Parker Reclamation Power Plant and
Davis Reclamation Power Plant, in accordance with the
terms of the Consolidated Contract and the ‘‘Power Man-
agement Agreement’’ (Reclamation’s and Western’s Con-
tract Numbers 6–CU–30–P1136, 6–CU–30–P1137, and
6–CU–30–P1138).
(d) PAYMENT.—Consideration for the Designated
lands shall be the fair value of the Designated Lands as
established in the Memorandum of Agreement. Fair value
shall be paid to the United States by Wellton-Mohawk,
to the United States at the time of transfer.
(e) LIABILITY.—Effective on the date of conveyance
of the project works, facilities and lands, described in sec-
tion 1(b), 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 conveyed works, fa-
cilities, and lands, except for damages caused by acts of
negligence committed by the United States or by its em-
ployees, agents, or contractors as provided in the Federal
Tort Claims Act (28 U.S.C. 2671 et seq.).
(f) SALINITY
CONTROL.—The Memorandum of
Agreement shall resolve any salinity control issues result-
ing from return flows from Wellton-Mohawk in accordance
with Public Law 93–320.
(g) REPORT.—The Secretary shall provide a report
to the Committee on Resources of the United States
House of Representatives and to the Committee on En-
ergy and Natural Resources of the United States Senate
within 18 months from the date of enactment of this Act
on the status of the transfer, any obstacles to completion
of the transfer as provided in this section, and the antici-
pated date for such transfer. If such transfer has not oc-
curred by the date certain established in the Memorandum
of Agreement, then upon the tender of fair value, as estab-
lished by Wellton-Mohawk, to the Secretary by Wellton-
Mohawk, all right, title, and interest of the United States
in and to the works, facilities, and lands described in sec-
tion (b) shall transfer to and vest in Wellton-Mohawk by
operation of law. The Secretary shall provide such evi-
dence of title as Wellton-Mohawk may request at no cost
to Wellton-Mohawk.
Æ