To direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District.
PL 109-321 (H.R.3443), enacted 10/11/2006

120 STAT. 1753
PUBLIC LAW 109–321—OCT. 11, 2006
Public Law 109–321
109th Congress
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—
(A) the contract between the United States and the
Northern Colorado Water Conservancy 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
FACILITIES.—The
term ‘‘transferred water distribution facilities’’ means the fol-
lowing facilities of the Colorado-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 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) CONSIDERATION.—
(1) DISTRICT.—
(A) FINDING.—Congress finds that the District has com-
pleted the obligation of the District to repay the capital
costs of the Colorado-Big Thompson Project under the con-
tract.
(B) NO CONSIDERATION REQUIRED.—The District shall
not be required to provide additional consideration for the
Oct. 11, 2006
[H.R. 3443]
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120 STAT. 1754
PUBLIC LAW 109–321—OCT. 11, 2006
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 annual 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.—Except as
expressly provided in this Act, nothing in this Act affects or modifies
the obligations and rights of the District 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, omission, or occurrence based
on any prior ownership or operation by the United States of the
transferred water distribution facilities.
SEC. 4. EFFECT.
Any actions or activities undertaken by the Secretary under
this Act shall not affect, impact, or create any additional 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 affected by this Act.
SEC. 5. REPORTS.
(a) IN GENERAL.—If the transferred water distribution 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 Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives
a report 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 continue to provide
annual reports that provide the information described in subsection
Deadline.
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120 STAT. 1755
PUBLIC LAW 109–321—OCT. 11, 2006
LEGISLATIVE HISTORY—H.R. 3443:
HOUSE REPORTS: No. 109–290 (Comm. on Resources).
SENATE REPORTS: No. 109–248 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005): Dec. 13, considered and passed House.
Vol. 152 (2006): Sept. 29, considered and passed Senate.
(a) until the date on which the transferred water distribution facili-
ties are conveyed in accordance with this Act.
Approved October 11, 2006.
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