[House Report 109-290]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-290
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TO DIRECT THE SECRETARY OF THE INTERIOR TO CONVEY CERTAIN WATER
DISTRIBUTION FACILITIES TO THE NORTHERN COLORADO WATER CONSERVANCY
DISTRICT
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November 10, 2005.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3443]
The Committee on Resources, to whom was referred the bill
(H.R. 3443) to direct the Secretary of the Interior to convey
certain water distribution facilities to the Northern Colorado
Water Conservancy District, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
PURPOSE OF THE BILL
The purpose of H.R. 3443 is to direct the Secretary of the
Interior to convey certain water distribution facilities to the
Northern Colorado Water Conservancy District.
BACKGROUND AND NEED FOR LEGISLATION
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, powerplants, 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.
This legislation is modeled on the successful transfer
(Public Law 106-376) of other single purpose water conveyance
facilities associated with the Colorado Big-Thompson Project.
COMMITTEE ACTION
H.R. 3443 was introduced on July 26, 2005, by Congresswoman
Marilyn Musgrave (R-CO). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Water and Power. On September 27, 2005, the Subcommittee held a
hearing on the bill. On October 19, 2005, the Full Resources
Committee met to consider the bill. The Subcommittee on Water
and Power was discharged from further consideration of the bill
by unanimous consent. No amendments were offered, and the bill
was ordered favorably reported to the House of Representatives
by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Definitions
Section 1 defines a number of terms relevant to the bill.
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.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. Based on cost estimates
prepared for other facility transfers, the Committee believes
that enactment of this bill would have no impact on the Federal
budget. The District has repaid in full its cost share of the
project and is eligible for conveyance of the Project
facilities associated with these costs. While the bill as
introduced includes an unspecified transfer of funds from the
Secretary of the Treasury to the Reclamation Fund in the
Treasury to reflect amounts collected by the Western Area Power
Administration for the sale of electricity from the Loveland
Area Projects,\1\ which is part of the Colorado-Big Thompson
Project, the Committee has determined that this provision is
not necessary and will delete it when the bill 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.
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\1\ Because of the unspecified nature of this amount, the
Congressional Budget Office declined to prepare a cost estimate for the
bill as ordered reported.
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2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.