[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 1753

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. NOTE: Oct. 11, 2006 -  [H.R. 3443]

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
following 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 FACILITIES.

(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
completed the obligation of the District to repay the
capital costs of the Colorado-Big Thompson Project under
the contract.
(B) No consideration required.--The District shall
not be required to provide additional consideration for
the

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120 STAT. 1754

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 NOTE: Deadline. 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

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120 STAT. 1755

(a) until the date on which the transferred water distribution
facilities are conveyed in accordance with this Act.

Approved October 11, 2006.

LEGISLATIVE HISTORY--H.R. 3443:
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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.