Home > 106th Congressional Bills > H.R. 3468 (enr) To direct the Secretary of the Interior to convey to certain water rights to Duchesne City, Utah. [Enrolled bill] ...

H.R. 3468 (enr) To direct the Secretary of the Interior to convey to certain water rights to Duchesne City, Utah. [Enrolled bill] ...

Web GovRecords.org


  2d Session

                               H. R. 3468


                                 AN ACT

  To direct the Secretary of the Interior to convey to certain water 
                     rights to Duchesne City, Utah.
  2d Session
                                H. R. 3468


                                 AN ACT

  To direct the Secretary of the Interior to convey to certain water 
                     rights to Duchesne City, Utah.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    This Act may be cited as the ``Duchesne City Water Rights 
Conveyance Act''.


    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 
        lands 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 Indians of the 
        Uintah Indian Reservation, Utah, filed 2 applications, 43-180 
        and 43-203, under the laws of the State of Utah to appropriate 
        certain waters.
            (5) The stated purposes of the water appropriation 
        applications 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 
        applications 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 
        certificates, identified as Certificate Numbers 1034 and 1056, 
        in the name of the United States Indian Service in 1921, 
        pursuant to the applications filed, for domestic and municipal 
        uses in the town of Duchesne.
            (8) Non-Indians settled the town of Duchesne, and the 
        inhabitants 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.


    (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 (Certificate No. 
1056) in the records of the State Engineer of Utah.
    (b) Required Terms.--
            (1) In general.--As terms of any conveyance under 
        subsection (a), the Secretary shall require that Duchesne 
                    (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 municipal 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.


    (a) No Relinquishment or Reduction.--Except as provided in section 
3, nothing in this Act may be construed as a relinquishment 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 
establishing a precedent for conveying or otherwise transferring water 
rights held by the United States.


    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.

            Passed the House of Representatives July 25, 2000.



Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 3995 (rs) To establish procedures governing the responsibilities of court- appointed receivers who administer departments, offices, and agencies of the District of Columbia government. [Reported in Senate] ...
2 S.Res. 262 (ats) Entitled the ``Peaceful Resolution of the Conflict'' in Chechnya. [Agreed to Senate] ...
3 H.R. 4867 (ih) To revise and extend the programs of the Substance Abuse and Mental Health Services Administration, and for other purposes. [Introduced in House] ...
4 H.R. 5 (pcs) To amend title II of the Social Security Act to eliminate the earnings test for individuals who have attained retirement age. [Placed on Calendar Senate] ...
5 S. 2215 (is) To clarify the treatment of nonprofit entities as noncommercial educational or public broadcast stations under the Communications Act of 1934. [Introduced in Senate] ...
6 S. 249 (rs) To provide funding for the National Center for Missing and Exploited Children, to reauthorize the Runaway and Homeless Youth Act, and for other purposes. [Reported in Senate] ...
7 S. 1671 (is) To reform the financing of Federal elections. [Introduced in Senate] ...
8 H.J.Res. 83 (ih) Making further continuing appropriations for the fiscal year 2000, and for other purposes. [Introduced in House] ...
9 H.R. 5581 (ih) To carry out an international fellowship program between the United [Introduced in House] ...
10 H.R. 2568 (ih) To provide partial compensation to farm owners and producers for the loss of markets for the 1999 crop of commodities covered by production flexibility contracts under the Agricultural Market Transition Act. [Introduced in House] %%Filename...
11 H.R. 4982 (ih) To prohibit the unauthorized destruction, modification, or alteration of product batch codes to protect consumer health and safety and assist with law enforcement efforts, and for other purposes. [Introduced in House] ...
12 S. 184 (is) To convert a temporary Federal judgeship in the district of Hawaii to a [Introduced in Senate] ...
13 S. 1059 (enr) To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year f...
14 H.R. 5485 (ih) To temporarily exempt from restrictions on carriage in coastwise trade the transport of petroleum and petroleum products between ports designated by the President. [Introduced in House] ...
15 H.R. 5193 (eh) To amend the National Housing Act to temporarily extend the applicability of the downpayment simplification provisions for the FHA single family housing mortgage insurance program. [Engrossed in House] ...
16 S. 2510 (is) To establish the Social Security Protection, Preservation, and Reform Commission. [Introduced in Senate] ...
17 H.R. 3699 (eh) To designate the facility of the United States Postal Service located at 8409 Lee Highway in Merrifield, Virginia, as the ``Joel T. Broyhill Postal Building''. [Engrossed in House] ...
18 S. 3216 (is) To provide for review in the Court of International Trade of certain determinations of binational panels under the North American Free Trade Agreement. [Introduced in Senate] ...
19 H.R. 5205 (ih) To amend the Agricultural Market Transition Act to establish a flexible [Introduced in House] ...
20 S. 763 (is) To amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older; and for other purposes. [Introduced in Senate] ...
21 H.R. 2632 (enr) To designate certain Federal lands in the Talladega National Forest in the State of Alabama as the Dugger Mountain Wilderness. [Enrolled bill] ...
22 S. 2424 (is) To amend the Internal Revenue Code of 1986 to extend and expand the enhanced deduction for charitable contributions of computers to provide greater public access to computers, including access by the poor. [Introduced in Senate] ...
23 H.Con.Res. 22 (ih) Providing that the President should seek a public renunciation by the People's Republic of China of any use of force, or threat to use force, against Taiwan, and that the United States should help Taiwan in case of threats or a military...
24 S.Res. 73 (ats) Congratulating the Government and the people of the Republic of El Salvador on successfully completing free and democratic elections on March 7, 1999. [Agreed to Senate] ...
25 S. 1933 (is) To amend the Internal Revenue Code of 1986 to permit the consolidation of life insurance companies with other companies. [Introduced in Senate] ...
26 H.R. 150 (rh) To amend the Act popularly known as the Recreation and Public Purposes Act to authorize disposal of certain public lands or national forest lands to local education agencies for use for elementary or secondary schools, including public chart...
27 H.R. 3070 (rh) To amend the Social Security Act to establish a Ticket to Work and [Reported in House] ...
28 S. 2064 (is) To amend the Missing Children's Assistance Act, to expand the purpose of the National Center for Missing and Exploited Children to cover individuals who are at least 18 but have not yet attained the age of 22. [Introduced in Senate] %%Filenam...
29 H.R. 3230 (ih) To amend title 38, United States Code, to provide that a disease that [Introduced in House] ...
30 H.R. 5474 (ih) To amend title 38, United States Code, to revise the effective date for an award of disability compensation by the Secretary of Veterans Affairs under section 1151 of such title for persons disabled by treatment or vocational rehabilitation...

Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions


1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy