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] ...


Google
 
Web GovRecords.org


106th CONGRESS

  2d Session

                               H. R. 3468

_______________________________________________________________________

                                 AN ACT

  To direct the Secretary of the Interior to convey to certain water 
                     rights to Duchesne City, Utah.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  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,

SECTION 1. SHORT TITLE.

    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 
        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.

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 (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 
        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 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.

SEC. 4. WATER RIGHTS.

    (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.

SEC. 5. TRIBAL 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.

            Passed the House of Representatives July 25, 2000.

            Attest:

                                                                 Clerk.

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 S. 348 (rs) To authorize and facilitate a program to enhance training, research and development, energy conservation and efficiency, and consumer education in the oilheat industry for the benefit of oilheat consumers and the public, and for other purposes...
2 H.R. 4811 (rh) Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2001, and for other purposes. [Reported in House] ...
3 S.J.Res. 48 (rs) Calling upon the President to issue a proclamation recognizing the 25th anniversary of the Helsinki Final Act. [Reported in Senate] ...
4 H.R. 2104 (ih) To amend the Family and Medical Leave Act of 1993 to permit leave to care for a domestic partner, parent-in-law, adult child, sibling, or grandparent if the domestic partner, parent-in-law, adult child, sibling, or grandparent has a serious...
5 S. 1402 (pcs) To amend title 38, United States Code, to enhance programs providing education benefits for veterans, and for other purposes. [Placed on Calendar Senate] ...
6 H.R. 554 (ih) To amend the Internal Revenue Code of 1986 to allow rollover contributions to individual retirement plans from deferred compensation plans maintained by States and local governments and to allow State and local governments to maintain 401(k)...
7 S.J.Res. 28 (is) Disapproving the extension of the waiver authority contained in section 402(c) of the Trade Act of 1974 with respect to Vietnam. [Introduced in Senate] ...
8 H.R. 2194 (ih) To suspend temporarily the duty on Butralin. [Introduced in House] ...
9 H.R. 15 (enr) To designate a portion of the Otay Mountain region of California as wilderness. [Enrolled bill] ...
10 H.R. 2296 (ih) To amend the Revised Organic Act of the Virgin Islands to provide that the number of members on the legislature of the Virgin Islands and the number of such members constituting a quorum shall be determined by the laws of the Virgin Islands...
11 H.R. 5413 (ih) To require the Secretary of Transportation to issue regulations addressing safety concerns in minimizing delay for automobile traffic at railroad grade crossings. [Introduced in House] ...
12 S. 430 (is) To amend the Alaska Native Claims Settlement Act, to provide for a land exchange between the Secretary of Agriculture and the Kake Tribal Corporation, and for other purposes. [Introduced in Senate] ...
13 H.Con.Res. 45 (rfs) Providing for the use of the catafalque situated in the crypt beneath [Referred in Senate] ...
14 H.R. 3068 (ih) To designate the Federal building and United States courthouse located at 617 State Street in Erie, Pennsylvania, as the ``Samuel J. Roberts Federal Building and United States Courthouse''. [Introduced in House] ...
15 H.R. 211 (pcs) To designate the Federal building and United States courthouse located at 920 West Riverside Avenue in Spokane, Washington, as the ``Thomas S. Foley United States Courthouse'', and the plaza at the south entrance of such building and courth...
16 H.R. 5041 (eh) To establish the boundaries and classification of a segment of the Missouri River in Montana under the Wild and Scenic Rivers Act. [Engrossed in House] ...
17 H.Res. 677 (ath) Expressing the commitment of the Members of the House of Representatives to fostering a productive and collegial partnership with the 43rd President. [Agreed to House] ...
18 H.R. 1855 (ih) To exempt agreements relating to voluntary guidelines governing telecast material, movies, video games, Internet content, and music lyrics from the applicability of the antitrust laws. [Introduced in House] ...
19 H.R. 1752 (ih) To make improvements in the operation and administration of the Federal courts, and for other purposes. [Introduced in House] ...
20 H.R. 4040 (ih) To amend title 5, United States Code, to provide for the establishment of a program under which long-term care insurance is made available to Federal employees, members of the uniformed services, and civilian and military retirees, and for...
21 H.R. 5541 (ih) To amend the Internal Revenue Code of 1986 to make the Hope and Lifetime Learning Credits refundable, and to allow taxpayers to obtain short-term student loans by using the future refund of such credits as collateral for the loans. [Introdu...
22 S. 1843 (es) To designate certain Federal land in the Talladega National Forest, Alabama, as the ``Dugger Mountain Wilderness''. [Engrossed in Senate] ...
23 H.J.Res. 62 (rh) To grant the consent of Congress to the boundary change between Georgia and South Carolina. [Reported in House] ...
24 S.Res. 132 (is) Designating the week beginning January 21, 2001, as ``Zinfandel Grape Appreciation Week''. [Introduced in Senate] ...
25 H.R. 1183 (rds) To amend the Fastener Quality Act to strengthen the protection against the sale of mismarked, misrepresented, and counterfeit fasteners and eliminate unnecessary requirements, and for other purposes. [Received in the Senate] ...
26 S. 635 (is) To amend the Internal Revenue Code of 1986 to more accurately codify the depreciable life of printed wiring board and printed wiring assembly equipment. [Introduced in Senate] ...
27 S. 2554 (is) To amend title XI of the Social Security Act to prohibit the display of an individual's social security number for commercial purposes without the consent of the individual. [Introduced in Senate] ...
28 H.R. 4489 (rds) To amend section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and for other purposes. [Received in the Senate] ...
29 H.R. 4489 (ih) To amend section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and for other purposes. [Introduced in House] ...
30 H.R. 2909 (eas) [Engrossed Amendment Senate] ...


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

Additional

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