< Back to S. 1934 (104th Congress, 1995–1996)

Text of A bill to provide for an exchange of lands with the city of Greeley, Colorado, and The Water Supply and ...

...Water Supply and Storage Company to eliminate private inholdings in wilderness areas, to cause instream flows to be created above a Wild and Scenic Riv

This bill was introduced on July 9, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 9, 1996 (Introduced).

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Source: GPO

S 1934 IS

104th CONGRESS

2d Session

S. 1934

To provide for an exchange of lands with the city of Greeley, Colorado, and The Water Supply and Storage Company to eliminate private inholdings in wilderness areas, to cause instream flows to be created above a Wild and Scenic River, to eliminate potential development on private inholdings within the Forest boundary, to reduce the need for future water reservoirs, to reduce the number of Federal land use authorizations, and to improve the security of the water supply of the city and the company, and for other purposes.

IN THE SENATE OF THE UNITED STATES

July 9, 1996

Mr. BROWN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To provide for an exchange of lands with the city of Greeley, Colorado, and The Water Supply and Storage Company to eliminate private inholdings in wilderness areas, to cause instream flows to be created above a Wild and Scenic River, to eliminate potential development on private inholdings within the Forest boundary, to reduce the need for future water reservoirs, to reduce the number of Federal land use authorizations, and to improve the security of the water supply of the city and the company, and for other purposes.

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

SECTION 1. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND THE WATER SUPPLY AND STORAGE COMPANY.

    (a) IN GENERAL- If the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company, offer to transfer all their right, title, and interest in and to the Rockwell Ranch property and Timberline Lake property, and The Water Supply and Storage Company designated lands, all described in subsection (b), the Secretary of Agriculture shall, in exchange for such property, transfer to the city and to the company, as they each shall designate, all right, title, and interest of the United States, including the mineral estate, in and to the Federal lands described in subsection (c) within 12 months of the date of the city’s and company’s offer.

    (b) CITY AND COMPANY LANDS-

      (1) The city and company lands to be exchanged under this section are these lands depicted on maps entitled ‘Rockwell Ranch Property Land Exchange’ and ‘Timberline Lake Property’ and ‘Cameron Pass Lands’ dated XXXXXXX 1995.

      (2) The Rockwell Ranch property is comprised of 4 parcels containing approximately 520 acres of lands.

      (3) The Timberline Lake Property is a parcel of approximately 10 acres located in the Comanche Peak Wilderness which shall be conveyed by quit claim deed for the purposes of eliminating any future title conflict between the city of Greeley and the United States in regard to the property.

      (4) The Cameron Pass Lands consist of 2 parcels totaling approximately 178 acres owned by The Water Supply and Storage Company.

    (c) FEDERAL LANDS TO BE EXCHANGED- The Federal lands to be exchanged under this section are those lands depicted on the maps referred to in subsection (b) as ‘Federal Exchange Lands’. The total area of Federal lands to be exchanged is approximately 1,176 acres, including approximately 447 acres occupied by the city and the company under perpetual easements of the United States Department of the Interior, Numbers D-028135 and D-029149. The Federal lands to be exchanged include the following:

      (1) All Federal land within the high water contour lines of the following existing reservoirs: Barnes Meadow, Chambers Lake, Comanche, Hourglass, Long Draw, Milton Seaman, Peterson Lake, and Twin Lakes, together with their dams and structures. The high water line is defined as the elevation at the dam crest of each reservoir.

      (2) A surcharge and operational access area around each reservoir consisting of an average 50 foot horizontal projection from the high water line and an average 100 foot horizontal projection from the outer perimeter of all dams and appurtenant structures, including but not limited to, outlets, measuring devices, spillways, wasteways, toe drains, canals, abutments, and the Peterson Lake operations cabin, as generally depicted on such map. The access area to the east of Long Draw Reservoir will be limited to the extent necessary to convey only those lands within the boundary of the National Forest.

      (3) Those Federal lands which would be occupied by an enlargement of Seaman Reservoir to an approximate capacity of 43,000 acre feet (but not to exceed 50,000 acre feet), including an average 50 foot horizontally projected buffer zone around the enlarged water line and structures, and an 80-acre parcel of Federal land south of Seaman Reservoir potentially required for a downstream damsite on the North Fork of the Cache la Poudre River, as generally depicted on such map.

SEC. 2. TERMS AND CONDITIONS RELATING TO LAND EXCHANGE.

    The land exchange under section 1 shall be processed in accordance with Forest Service Land Exchange Regulations in part 254 of title 36, Code of Federal Regulations, subpart A subject to the direction in section 1 and the following terms and conditions:

      (1) The United States shall grant perpetual access easements to the city of Greeley and to The Water Supply and Storage Company to the lands conveyed by the United States under section 1 as part of the consideration of this exchange. The United States shall reserve easements for all designated roads and trails crossing any Federal lands to be conveyed that are necessary to assure public access to adjoining National Forest lands.

      (2) The city of Greeley, Colorado, and The Water Supply and Storage Company shall continue to make the following facilities accessible to visitors to the Roosevelt National Forest: Chambers, Long Draw, Peterson, Barnes Meadow, Comanche, Seaman and Twin Lakes Reservoirs, under rules and restrictions as determined by the city and the company.

      (3)(A) All special use permits and/or easements or other instruments authorizing occupancy of the Federal lands identified in section 1(c) are rescinded upon completion of the exchange.

      (B) The conditions specified in the December 28, 1994, and the January 4, 1995, easements for Long Draw, Peterson Lake and Barnes Meadow Reservoirs requiring a joint operations plan providing instream winter flows to the mainstream of the Cache La Poudre River from Chambers Lake and Barnes Meadow shall continue to be fulfilled regardless of land ownership unless mutually agreed otherwise.

      (C) No further consultation with the United States Fish and Wildlife Service shall be required for completion of this land exchange.

      (D) No additional conditions, including instream or bypass flow requirements, shall be required as a condition of this land exchange.

      (4) The exchange under section 1 does not include any water right owned by the city of Greeley, Colorado, or The Water Supply and Storage Company, except as provided in section 2(5).

      (5) The city of Greeley’s one-half interest in the following rights associated with the Rockwell Ranch property, to wit: Rockwell Ditches No. 1 in the volume of 1.2 c.f.s., No. 2 in the volume of 1.7 c.f.s., No. 3 in the volume of 2.68 c.f.s., No. 4 in the volume of 1.87 c.f.s., No. 5 in the volume of 1.95 c.f.s. and No. 6 in the volume of 2.5 c.f.s., diverting from the South Fork of the Cache la Poudre River, and its tributaries, Little Beaver Creek and the North Fork of Little Beaver Creek, and all with the appropriation date of December 31, 1888, shall be dedicated to the Colorado Water Conservation Board in perpetuity for the instream flow program of the State of Colorado upon completion of the exchange.

      (6) The Federal Exchange Lands to be exchanged under section 1 shall be conveyed to the city of Greeley and to The Water Supply and Storage Company by means of a land exchange deed issued by an authorized officer of the United States Department of Agriculture, Forest Service, and notwithstanding any other requirements of law, the Secretary of Agriculture is authorized to conduct and approve all cadastral surveys necessary for completion of the exchange.

      (7) Values of the respective lands exchanged between the United States and the city of Greeley and The Water Supply and Storage Company pursuant to section 1 are deemed to be of approximately equal value, without any need for cash equalization, as based on statements of value prepared by a qualified Forest Service Review Appraiser.

      (8) It is recognized that some Federal lands to be conveyed to the city of Greeley and The Water Supply and Storage Company will create new holdings in otherwise consolidated areas of Federal ownership. If the city or the company decide to permanently discontinue reservoir operations on any of the properties acquired through this exchange, the United States Forest Service, Arapaho-Roosevelt National Forest Supervisor shall be advised of the intent to perform nonreconstructive breaching of the dam for purposes of permanently terminating reservoir operations. Upon such notification, the United States Forest Service will be afforded the opportunity to reacquire property at fair market value or exchange or upon such other terms and conditions as the parties may agree for a period of time not to exceed one year.

      (9) The Federal lands to be exchanged under section 1, with the exception of the Seaman Reservoir enlargement area and potential new damsite below Seaman Reservoir on the North Fork of the Cache la Poudre River, are already fully developed and authorized for occupancy by the city of Greeley

and The Water Supply and Storage Company. Therefore, this land exchange may be completed without further inventory or consultation under the National Historic Preservation Act. Should the city of Greeley seek enlargement of Seaman Reservoir or construction of a new dam on the North Fork of the Poudre River below Seaman Reservoir for a Seaman Reservoir Enlargement, the site will be subject to all Federal statutes and regulations applicable at the time of proposed construction.

      (10) The Forest Service shall grant a 20-year easement to the city of Greeley for use of the existing cabin in the north half of the southwest quarter of Section 30, Township 8 North, Range 72 West. The easement shall allow the use of the cabin, other improvements, and access to the forest lands nearby. The access road shall be available for city employees to access the cabin for recreational purposes and to the United States Forest Service for administrative purposes.

      (11) The Forest Service shall grant a 20-year easement to the city of Greeley for use of approximately 1 acre of land under the existing cabin in the vicinity of Jacks Gulch Campground on Pingree Road as depicted on the attached map. The easement shall include the administrative use of the access road to the cabin and the reservation of the use of the cabin to those permitted under the existing special use permit.

SEC. 3. ADMINISTRATION OF LANDS ACQUIRED BY THE UNITED STATES.

    The Rockwell Ranch, Timberline Lake, and Cameron Pass Lands acquired by the United States under this Act shall be added to and administered as part of the Roosevelt National Forest. Those portions of such property located within a wilderness area shall be added to and administered as part of the wilderness area.

SEC. 4. BOUNDARY MODIFICATION OF THE ARAPAHO NATIONAL FOREST AND ROOSEVELT NATIONAL FOREST.

    (a) IN GENERAL- In order to provide for more efficient administration of certain Federal lands adjoining the Arapaho National Forest and Roosevelt National Forest, the exterior boundary of the Arapaho Forest is hereby modified as shown on Department of Agriculture, Forest Service map entitled ‘Boundary Modification, Arapaho National Forest’ dated XX, 1995, and the exterior boundary of the Roosevelt Forest is hereby modified as shown on Department of Agriculture, Forest Service map entitled ‘Boundary Modification, Roosevelt National Forest’, dated XX, 1995. The maps and a legal description of the boundary changes shall be on file and available for public inspection in the offices of the Chief of the Forest Service and appropriate field offices.

    (b) ADMINISTRATION- All Federal lands brought within the boundary of the Arapaho National Forest and Roosevelt National Forest by this Act are hereby added to the Arapaho National Forest and Roosevelt National Forest, respectively, and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System.

    (c) AVAILABILITY OF CERTAIN LANDS- For the purpose of section 7 of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-9), the boundary of the Arapaho National Forest and Roosevelt National Forest, as modified by this section, shall be treated as if it were the boundary of that forest as of January 1, 1965.