HR3443DEC16

TheWeekInCongress.com

Week Ending December 16, 2005

H.R.3443 To direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District.

BRIEF

The accompanying report explained the purpose of the bill:

“The Colorado-Big Thompson Project was authorized by Congress in 1937 to provide water for agricultural and other uses. The Project, owned by the Bureau of Reclamation of the Department of the Interior, consists of dams, dikes, reservoirs, power plants, pumping plants, pipelines, tunnels, and substations spread over approximately 250 miles. The Northern Colorado Water Conservancy District is the Project's local government sponsor. The District operates and maintains all of the Project's water conveyance facilities.

“H.R. 3443 directs the Secretary of the Interior to transfer 58 miles of the Project's water conveyance facilities (the St. Vrain Supply Canal, Boulder Creek Supply Canal, and South Platte Supply Canal) to the District. The transfer will allow the District to more cost-effectively manage the facilities, reduce paperwork requirements, provide for local ownership and reduce the federal government's liability. The District, which has operated and maintained these water conveyance facilities since 1957, has repaid the appropriate capital costs associated with the facilities. Despite this repayment, the title of the facilities remains in the Bureau of Reclamation. This legislation directs the transfer of this title with no conditions.”

Sponsor: Representative Marilyn N. Musgrave (R-CO-4^th)

Vote: Passed House by voice vote December 14, 2005

Cost to the taxpayers: No discernible cost.

MORE INFORMATION

Section 2. Conveyance of transferred water distribution facilities

Section 2 directs the Secretary of the Interior to transfer all right, title and interest in the facilities as soon as practicable and in accordance with applicable law to the Northern Colorado Water Conservancy District. The section also directs the Interior Secretary to transfer the facilities without the imposition of any conditions. The section also finds that the District has completed its capital cost repayment obligations as stipulated under Federal contract. The section further directs the Secretary of the Treasury to transfer an unspecified amount of funds related to the Project's electricity sales from the Reclamation Fund to the Secretary of the Interior. The Committee has concluded that this provision is unnecessary and will delete it when it is considered by the House of Representatives. Instead, language will be included which states that 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.

Section 3. Liability

Upon the effective date of transfer, the Federal Government is released from liability of any kind based on prior ownership.

Section 4. Effect

This section stipulates that nothing in the bill has any impact on other water rights owners who utilize the facilities to be transferred under the bill.

Section 5. Reports

Section 5 requires the Secretary of the Interior to submit a report to Congress if the transfer has not taken place within 1 year of the date of enactment of this Act. The report, to be submitted no later than 30 days after the 1-year period, will detail the reasons why the transfer did not place and a schedule for completion of the transfer. The Interior Secretary is further directed to submit annual reports thereafter if the transfer did not occur.

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