A bill to authorize the Secretary of the Interior to convey certain facilities of the Minidoka project to the Burley Irrigation District, and for other purposes.
PL 105-351 (S.538), enacted 11/03/1998

PUBLIC LAW 105-351—NOV. 3, 1998 
112 STAT. 3219 
Public Law 105-351 
105th Congress 
An Act 
To authorize the Secretary of the Interior to convey certain faciUties of the Minidoka 
Nov. 3, 1998 
project to the Burley Irrigation District, and for other purposes. 
[g 533] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Idaho. 
SECTION 1. CONVEYANCE OF FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) BURLEY.—The term "Burley" means the Burley Irriga-
tion District, an irrigation district organized under the law 
of the State of Idaho. 
(2) DIVISION.—The term "Division" means the Southside 
Pumping Division of the Minidoka project, Idaho. 
(3) SECRETARY.—The term "Secretary" means the Secretary 
of the Interior. 
(b) CONVEYANCE.— 
(1) IN GENERAL.—^The Secretary shall, without consider-
ation or compensation except as provided in this section, convey 
to Burley, by quitclaim deed or patent, all right, title, and 
interest of the United States in and to acquired lands, ease-
ments, and rights-of-way of or in connection with the Division, 
together with the pumping plants, canals, drains, laterals, 
roads, pumps, checks, headgates, transformers, pumping plant 
substations, buildings, transmission lines, and other improve-
ments or appurtenances to the land or used for the delivery 
of water from the headworks (but not the headworks them-
selves) of the Southside Canal at the Minidoka Dam and res-
ervoir to land in Burley, including all facilities used in conjunc-
tion with the Division (including the electric transmission lines 
used to transmit electric power for the operation of the pumping 
facilities of the Division and related purposes for which the 
allocable construction costs have been fully repaid by Burley). 
(2) COSTS.—The first $80,000 in administrative costs of 
trsmsfer of title and related activities shall be paid in equal 
shares by the United States and Burley, and any additional 
Eimount of administrative costs shall be paid by the United 
States. 
(c) WATER RIGHTS.— 
(1) TRANSFER.—(A) Subject to subparagraphs (B) and (C), 
the Secretary shall transfer to Burley, through an agreement 
among Burley, the Minidoka Irrigation district, and the Sec-
retary, in accordance with and subject to the law of the State 
of Idaho, all natural flow, waste, seepage, return flow, and 
groundwater rights held in the name of the United States— 
112 STAT. 3220 
PUBLIC LAW 105-351—NOV. 3, 1998 
(i) for the benefit of the Minidoka Project or specifically 
for the Burley Irrigation District; 
(ii) that are for use on lands within the Buriey Irriga-
tion District; and 
(iii) which are set forth in contracts between the United 
States and Burley or in the decree of June 20, 1913 of 
the District Court of the Fourth Judicial District of the 
State of Idaho, in and for the County of Twin Falls, in 
the case of Twin Falls Canal Company v. Charles N. Foster, 
et al., and commonly referred to as the "Foster decree". 
(B) Any rights that are presently held for the benefit of 
lands within both the Minidoka Irrigation District and the 
Burley Irrigation District shall be allotted in such manner 
so as to neither enlarge nor diminish the respective rights 
of either district in such water rights as described in contracts 
between Burley and the United States. 
(C) The transfer of water rights in accordance with this 
paragraph shall not impair the integrated operation of the 
Minidoka Project, affect any other adjudicated rights, or result 
in any adverse impact on any other project water user. 
(2) ALLOCATION OF STORAGE SPACE.—The Secretary shall 
provide an allocation to Burley of storage space in Minidoka 
Reservoir, American Falls Reservoir, and Palisades Reservoir, 
as described in Burley Contract Nos. 14-06-100-2455 and 14-
06-W-48, subject to the obligation of Burley to continue to 
assume and satisfy its allocable costs of operation and mainte-
nance associated with the storage facilities operated by the 
Bureau of Reclamation. 
(d) PROJECT RESERVED POWER.—The Secretary shall continue 
to provide Burley with project reserved power from the Minidoka 
Reclamation Power Plant, Palisades Reclamation Power Plant, 
Black Canyon Reclamation Power Plant, and Anderson Ranch Rec-
lamation Power Plant in accordance with the terms of the existing 
contracts, including any renewals thereof as provided in such con-
tracts. 
(e) SAVINGS.— 
(1) Nothing in this Act or any transfer pursuant thereto 
shall affect the right of Minidoka Irrigation District to the 
joint use of the gravity portion of the Southside Canal, subject 
to compliance by the Minidoka Irrigation District with the 
terms and conditions of a contract between Burley and 
Minidoka Irrigation District, and any amendments or changes 
made by agreement of the irrigation districts. 
(2) Nothing in this Act shall affect the rights of any person 
or entity except as may be specifically provided herein. 
(f) LIABILITY.—Effective on the date of conveyance of the project 
facilities, described in section (l)(b)(l), 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 
facilities, except for damages caused by acts of negligence committed 
by the United States or by its employees, 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 provided in the Federal Tort Claims Act (28 U.S.C. 2671 
et seq.). 
(g) COMPLETION OF CONVEYANCE.— 
PUBLIC LAW 105-351—NOV. 3, 1998 
112 STAT. 3221 
(1) IN GENERAL.—The Secretary shall complete the convey-
ance under subsection (b) (including such action as may be 
required under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.)) not later than 2 years after the 
date of enactment of this Act. 
(2) REPORT.—The Secretary shall provide a report to the Deadline. 
Committee on Resources of the United States House of Rep-
resentatives and to the Committee on Energy and Natural 
Resources of the United States Senate within eighteen 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 anticipated date for such transfer. 
Approved November 3, 1998. 
LEGISLATIVE HISTORY—S. 538: 
SENATE REPORTS: No. 105-131 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
June 25, considered and passed Senate. 
Oct. 12, considered and passed House.