H. R. 4389
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) CONTRACT.—The term ‘‘contract’’ means the contract
between the United States and the Northern Colorado Water
Conservancy District providing for the construction of the Colo-
rado-Big Thompson Project, dated July 5, 1938 (including any
amendments and supplements).
(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
FACILITIES.—The
term ‘‘transferred water distribution facilities’’ means the North
Poudre Supply Canal and Diversion Works, also known as
the Munroe Gravity Canal, the Charles Hansen (Supply) Canal
and Windsor Extension, and the Dixon Feeder Canal, all of
which are facilities of the Colorado-Big Thompson Project
located in Larimer County, Colorado.
SEC. 2. CONVEYANCE OF TRANSFERRED WATER DISTRIBUTION FACILI-
TIES.
(a) IN GENERAL.—The Secretary shall, as soon as practicable
after the date of the enactment of this Act and in accordance
with all applicable law, convey to the District all right, title, and
interest in and to the transferred water distribution facilities.
(b) SALE PRICE.—
(1) IN GENERAL.—The Secretary shall accept $150,315 as
payment from the District and $1,798,200 as payment from
the power customers under the terms specified in this section,
as consideration for the conveyance under subsection (a). Out
of the receipts from the sale of power from the Loveland Area
Projects collected by the Western Area Power Administration
and deposited into the Reclamation fund of the Treasury in
fiscal year 2001, $1,798,200 shall be treated as full and com-
plete payment by the power customers of such consideration
and repayment by the power customers of all aid to irrigation
associated with the facilities conveyed under subsection (a).
(2) NO EFFECT ON OBLIGATIONS AND RIGHTS.—Except as
expressly provided in this Act, nothing in this Act affects or
H. R. 4389—2
modifies the obligations and rights of the District under the
contract.
(3) PAYMENTS.—Except as provided in subsection (c), the
District shall continue to make such payments as are required
under the contract.
(c) CREDIT TOWARD PROJECT REPAYMENT.—Upon payment by
the District of the amount authorized to be accepted from the
District under subsection (b)(1), the amount paid shall be credited
toward repayment of capital costs of the Colorado-Big Thompson
Project in an amount equal to the associated undiscounted obliga-
tion for repayment of the capital costs.
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, omission, or occurrence based
on any prior ownership or operation by the United States of the
conveyed property.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.