Duchesne City Water Rights Conveyance Act
PL 106-370 (H.R.3468), enacted 10/27/2000

PUBLIC LAW 106-370—OCT. 27, 2000 
114 STAT. 1421 
Public Law 106-370 
106th Congress 
An Act 
To direct the Secretary of the Interior to convey to certain water rights to Duchesne 
Oct. 27, 2000 
City, Utah. 
[H.R. 3468] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Duchesne City 
Water Rights 
SECTION 1. SHORT TITLE. 
Conveyance Act. 
This Act may be cited as the "Duchesne City Water Rights 
Conveyance Act". 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) In 1861, President Lincoln established the Uintah 
Valley Reservation by Executive order. The Congress confirmed 
the Executive order in 1864 (13 Stat. 63), and additional lands 
were added to form the Uintah Indian Reservation (now known 
as the Uintah and Ouray Indian Reservation). 
(2) Pursuant to subsequent Acts of Congress, lands were 
allotted to the Indians of the reservation, and unallotted lands 
were restored to the public domain to be disposed of under 
homestead and townsite laws. 
(3) In July 1905, President Theodore Roosevelt reserved 
l£m.ds for the townsite for Duchesne, Utah, by Presidential 
proclamation and pursuant to the applicable townsite laws. 
(4) In July 1905, the United States, through the Acting 
United States Indian Agent in Behalf of the Indisins of the 
Uintah Indian Reservation, Utah, filed two applications, 43-
180 and 43-203, under the laws of the State of Utah to appro-
priate certain waters. 
(5) The stated purposes of the water appropriation applica-
tions were, respectively, "for irrigation and domestic supply 
for townsite purposes in the lands herein described", and "for 
the purpose of irrigating Indian allotments on the Uintah 
Indian Reservation, Utah, * * * and for an irrigating and 
domestic water supply for townsite purposes in the lands herein 
described". 
(6) The United States subsequently filed change applica-
tions which provided that the entire appropriation would be 
used for municipal and domestic purposes in the town of 
Duchesne, Utah. 
(7) The State Engineer of Utah approved the change 
applications, and the State of Utah issued water right certifi-
cates, identified as Certificate Numbers 1034 and 1056, in 
the name of the United States Indian Service in 1921, pursuant 
114 STAT. 1422 
PUBLIC LAW 106-370—OCT. 27, 2000 
to the applications filed, for domestic and municipal uses in 
the town of Duchesne. 
(8) Non-Indians settled the town of Duchesne, and the 
inhabitgints have utilized the waters appropriated by the United 
States for townsite purposes. 
(9) Pursuant to title V of Public Law 102-575, Congress 
ratified the quantification of the reserved waters rights of the 
Ute Indian Tribe, subject to reratification of the water compact 
by the State of Utah and the Tribe. 
(10) The Ute Indian Tribe does not oppose legislation that 
will convey the water rights appropriated by the United States 
in 1905 to the city of Duchesne because the appropriations 
do not serve the purposes, rights, or interests of the Tribe 
or its members, because the full amount of the reserved water 
rights of the Tribe will be quantified in other proceedings, 
and because the Tribe and its members will receive substantial 
benefits through such legislation. 
(11) The Secretary of the Interior requires additional 
authority in order to convey title to those appropriations made 
by the United States in 1905 in order for the city of Duchesne 
to continue to enjoy the use of those water rights and to 
provide additional benefits to the Ute Indian Tribe and its 
members as originally envisioned by the 1905 appropriations. 
SEC. 3. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, UTAH. 
(a) CONVEYANCE.—The Secretary of the Interior, as soon as 
practicable after the date of the enactment of this Act, and in 
accordance with all applicable law, shall convey to Duchesne City, 
Utah, or a water district created by Duchesne City, all right, title, 
and interest of the United States in and to those water rights 
appropriated under the laws of the State of Utah by the Department 
of the Interior's United States Indian Service and identified as 
Water Rights Nos. 43-180 (Certificate No. 1034) and 43-203 (Cer-
tificate No. 1056) in the records of the State Engineer of Utah. 
(b) REQUIRED TERMS.— 
(1) IN GENERAL.—As terms of any conveyance under sub-
section (a), the Secretary shall require that Duchesne City— 
(A) shall allow the Ute Indian Tribe of the Uintah 
and Ouray Reservation, its members, and any person 
leasing or utilizing land that is held in trust for the Tribe 
by the United States and is located within the Duchesne 
City water service area (as such area may be adjusted 
from time to time), to connect to the Duchesne City munic-
ipal water system; 
(B) shall not require such tribe, members, or person 
to pay any water impact, connection, or similar fee for 
such connection; and 
(C) shall not require such tribe, members, or person 
to deliver or transfer any water or water rights for such 
connection. 
(2) LIMITATION.—Paragraph (1) shall not be construed to 
prohibit Duchesne City from charging any person that connects 
to the Duchesne City municipal water system pursuant to 
paragraph (1) reasonable, customary, and nondiscriminatory 
fees to recover costs of the operation and maintenance of the 
water system to treat, transport, and deliver water to the 
person. 
PUBLIC LAW 106-370—OCT. 27, 2000 
114 STAT. 1423 
SEC. 4. WATER RIGHTS. 
(a) No RELINQUISHMENT OR REDUCTION.—Except as provided 
in section 3, nothing in this Act may be construed as a rehnquish-
ment or reduction of any water rights reserved, appropriated, or 
otherwise secured by the United States in the State of Utah on 
or before the date of the enactment of this Act. 
(b) NO PRECEDENT.—Nothing in this Act may be construed 
as estabhshing a precedent for conveying or otherwise transferring 
water rights held by the United States. 
S E C . 5. TRfflAL RIGHTS. 
Nothing in this Act may be construed to affect or modify any 
treaty or other right of the Ute Indian Tribe or any other Indian 
tribe. 
Approved October 27, 2000. 
LEGISLATIVE HISTORY—H.R. 3468 (S. 2350): 
H O U S E REPORTS: No. 106-737 (Comm. on Resources). 
SENATE REPORTS: No. 106-478 accompanying S. 2350 (Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
July 25, considered and passed House. 
Oct. 13, considered and passed Senate.