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All bills
3 versions
Back to ENGROSSED IN SENATE
Comparev2REPORTED TO SENATESep 17→v3ENGROSSED IN SENATESep 30
SubstantiveREPORTED TO SENATE → ENGROSSED IN SENATE

What changed between these versions

Substantive refinements were made to the Crystal Reservoir Conveyance Act. v3 clarifies the nature of the land and water rights conveyed, establishes new easements for the United States, and expands the City of Ouray's responsibilities and rights regarding the conveyed property and associated infrastructure. The reversionary interest process was also made more explicit.

Overview

A moderate number of changes were made, primarily focused on clarifying the terms and conditions of the land and water rights conveyance. · v3 refines and clarifies the terms of the conveyance, particularly regarding easements, responsibilities, and water rights, while also introducing a more structured process for the reversionary interest.

The most significant changes in v3 include the explicit reservation of easements for the United States for existing roads, trails, and trailheads, and the establishment of a perpetual easement for the Red Mountain Ditch for the City of Ouray, including specific water flow limits. The City's responsibilities for the dam and related infrastructure were expanded to include replacement, rehabilitation, and regulatory compliance. Additionally, the reversionary interest process now includes a 90-day written notice period. The core purpose of conveying the Crystal Reservoir and surrounding land to the City of Ouray remains unchanged.

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Major additions

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Section 2(c)(2)(B)

This new subparagraph reserves to the United States, in the deed conveying the Federal land, easements for each road, trail, and trailhead existing on the date of conveyance. It also includes additional rights necessary for access, administration, operation, maintenance, repair, and replacement of these improvements.

This addition ensures that the United States retains specific rights to access and maintain existing recreational and administrative infrastructure on the conveyed land, which was not explicitly stated as a reservation in v2. This impacts the City's control over these specific areas.

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Section 2(e)(2)

This new subsection mandates that the conveyance be subject to terms agreed upon by the Secretary and the City. These terms authorize the City to take reasonable and necessary actions on the easements reserved by the United States (as described in subsection (c)(2)(B)) for public safety, emergency response, or the operation, maintenance, repair, replacement, or rehabilitation of Full Moon Dam, Crystal Reservoir, or related infrastructure.

This addition provides the City with explicit authority to act on US-reserved easements under specific critical circumstances, ensuring operational flexibility for dam and reservoir management despite the US easement reservations. This is crucial for the City's ability to manage the conveyed assets effectively.

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Section 2(f)(2)

This new paragraph provides a specific definition for the term 'Red Mountain Ditch'. It describes it as the Ditch constructed around 1945, located on lands administered by the San Juan National Forest and the Grand Mesa, Uncompahgre, and Gunnison National Forest, in Section 14, Township 42 North, Range 8 West, New Mexico Principal Meridian.

The addition of a precise definition for 'Red Mountain Ditch' provides clarity and reduces ambiguity regarding the specific infrastructure being referenced in the easement provisions, ensuring accurate legal and operational understanding.

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Deletions

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Section 2(e)(1)(A)

This provision required the City, as a condition of conveyance, to grant to the Secretary an easement for each trail and road existing on the date of conveyance that, as determined by the Secretary, originates at, terminates at, or traverses the Federal land.

The deletion of this provision means the City is no longer explicitly required to grant new easements to the Secretary for trails and roads. Instead, v3 introduces a reservation of easements by the United States in the deed itself (Section 2(c)(2)(B)), shifting the mechanism by which the US retains rights to these pathways.

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Section 2(h)

This 'Rule of Construction' stated that nothing in the section prohibited the City from making any expenditure for repair of Full Moon Dam or any other feature of the Federal land before the date of conveyance, subject to the Secretary's approval.

The deletion of this rule of construction removes explicit legislative guidance regarding pre-conveyance expenditures for repairs. While the City may still undertake such actions, the specific legislative affirmation and requirement for Secretary's approval are no longer present in the bill's text.

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Modifications

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Section 2(b)(1)
Clarification and qualification of the scope of conveyance.

This modification clarifies that the conveyance of federal land is not absolute but is subject to other provisions within the Act, such as the newly added reservation of easements for the United States. This ensures consistency with other parts of the bill that define retained federal interests.

Before

v2 stated the Secretary shall convey 'all right, title, and interest of the United States in and to the Federal land'.

After

v3 modifies this to 'except as otherwise provided in this Act, all right, title, and interest of the United States in and to the Federal land'.

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Section 2(b)(2)
Expansion and clarification of the scope of water rights conveyed.

This modification broadens and clarifies the specific nature of the water rights being conveyed, ensuring that all forms of federal interest in water rights connected to the land are transferred to the City, including those held for use on or appurtenant to the land.

Before

v2 stated the Secretary shall convey 'all water rights associated with the Federal land'.

After

v3 modifies this to 'all right, title and interest of the United States in and to any water rights held for use on, appurtenant to, or otherwise associated with the Federal land'.

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Section 2(c)(1)
Clarification of the type of title conveyed.

This change clarifies that the City will receive full fee simple title to the land, which is a higher and more complete form of ownership than a quitclaim deed, providing greater certainty and control to the City over the property, subject to other conditions in the Act.

Before

v2 specified the conveyance shall be 'made by quitclaim deed'.

After

v3 specifies the conveyance shall 'convey fee simple title to the Federal land'.

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Section 2(c)(2)(C)
Cross-reference update.

This is a technical update to reflect the renumbering of subsections within Section 2(e) due to the insertion of a new subsection (e)(2). It has no substantive policy impact beyond maintaining correct internal references.

Before

v2 referred to the reversionary interest described in 'subsection (e)(3)'.

After

v3 updates the reference to 'subsection (e)(4)'.

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Section 2(e)(1)(A)
Expansion of City's assumed responsibilities.

This modification significantly expands the City's financial and operational obligations for the dam and related infrastructure. It now explicitly includes capital expenditures for replacement and rehabilitation, as well as the ongoing costs and duties associated with regulatory compliance for dam safety, increasing the long-term burden on the City.

Before

v2 required the City to assume responsibility for 'costs of all repairs, operations, and maintenance' of Full Moon Dam and related infrastructure.

After

v3 expands this responsibility to include 'costs of all repairs, operations, maintenance, replacement, rehabilitation, and regulatory compliance for dam safety' relating to Full Moon Dam and related infrastructure.

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Section 2(e)(1)(B)
Narrowing of public access conditions.

This modification introduces specific exceptions to public access, allowing the City to restrict access when necessary for public safety, resource protection, emergency response, or infrastructure work. This grants the City more flexibility in managing the land for its primary purpose while still generally maintaining public access, potentially limiting recreational access during certain periods or in specific areas.

Before

v2 required the City to maintain the Federal land as open space for 'full public access for recreational activities, including fishing'.

After

v3 requires maintenance as open space for 'public access for recreational activities, including fishing, except as reasonably necessary for public safety, resource protection, emergency response, or the operation, maintenance, repair, replacement, or rehabilitation of Full Moon Dam, Crystal Reservoir, or related infrastructure'.

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Section 2(e)(1)(C)
Expansion of permitted activities on the Federal land.

This modification broadens the scope of activities the City is permitted to undertake on the conveyed land. It explicitly allows for construction related to improving public recreational access and for a wider range of dam-related work, including replacement, rehabilitation, and actions for public safety and regulatory compliance. This provides the City with greater flexibility for managing and enhancing the site.

Before

v2 prohibited development, commercial operations, or construction, 'other than as needed for the operation and maintenance' of Full Moon Dam and related infrastructure.

After

v3 expands the permitted exceptions to include 'for improved public access for recreational activities or as needed for the operation, maintenance, repair, replacement, rehabilitation, public safety, and regulatory compliance for dam safety' of Full Moon Dam and related infrastructure.

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Section 2(e)(1)(D)
Clarification of the reservoir expansion prohibition.

This modification provides a more precise definition of the prohibited expansion, tying it to the 'surface footprint... at normal operating levels (as depicted on the Map)', which offers a clearer, measurable standard. The addition of 'otherwise' to the deepening allowance maintains the City's right to deepen the reservoir, ensuring consistency with its water rights without conflicting with the surface footprint restriction.

Before

v2 prohibited expanding the 'historical footprint' of Crystal Reservoir in a manner that would harm wetlands, while allowing deepening consistent with water rights.

After

v3 prohibits expanding the 'surface footprint of Crystal Reservoir at normal operating levels (as depicted on the Map)' in a manner that would harm wetlands, and clarifies that deepening 'shall otherwise be allowed'.

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Section 2(e)(3)
Clarification of the Secretary's authority for additional terms.

This modification clarifies that any additional terms and conditions imposed by the Secretary must be consistent with the overall provisions of the Act, thereby limiting the Secretary's discretion to impose terms that might contradict the bill's intent or other specific requirements. This provides a safeguard for the City.

Before

v2 stated that the conveyance 'shall be subject to such other terms and conditions as the Secretary determines to be appropriate'.

After

v3 adds 'Consistent with this Act,' before 'the conveyance under subsection (b) shall be subject to such other terms and conditions as the Secretary determines to be appropriate'.

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Section 2(e)(4)
Procedural modification to the reversionary interest.

This modification adds a crucial procedural safeguard for the City. It ensures that the City receives formal written notice of any alleged non-compliance and has a 90-day period to rectify the issue before the land can revert to the United States. This provides due process and an opportunity for correction, reducing the risk of immediate or arbitrary reversion.

Before

v2 stated that if the Federal land ceases to be used in accordance with terms, it 'shall revert to the United States, at the discretion of the Secretary'.

After

v3 introduces a two-step process: (A) requiring the Secretary to submit 'written notice' to the City regarding non-compliant use, and (B) allowing reversion 'After the 90-day period beginning on the date written notice is submitted' if non-compliant use continues.

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Section 2(f)
Transformation from a general allowance to a detailed perpetual easement with specific conditions.

This is a substantial modification that formalizes and strengthens the City's rights regarding the Red Mountain Ditch. It grants a perpetual easement, providing long-term security for the City's water infrastructure. The inclusion of specific water decrees and a flow limit (6 cfs) provides clear operational parameters. The allowance for temporary special use authorizations introduces a new administrative requirement for certain types of work, balancing the City's rights with Forest Service oversight.

Before

v2 stated that the Secretary 'shall allow' the Red Mountain Ditch to 'continue to be used by the City for all decreed purposes under Colorado water law, including the diversion and delivery of water for storage in Crystal Reservoir'.

After

v3 significantly expands this into a detailed 'Easement' provision. It mandates the Secretary to 'recognize a perpetual easement' for the Red Mountain Ditch, specifying its use for purposes in decrees 'Case No. 1751-B' and 'Case No. 2013CW3040', including diversion and delivery of water (not to exceed 6 cubic feet per second) for storage and beneficial use, and rights to access, operate, maintain, repair, replace, or improve the Ditch. It also allows the Secretary to require temporary special use authorizations for non-routine work.

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Section 2(g)
Streamlining and clarification of water use provisions.

This modification simplifies the description of the City's water use rights, consolidating the specific categories from v2 into a broader 'any beneficial use'. It explicitly includes 'temporary administrative approvals' as a basis for use, alongside decrees, providing more flexibility. The overarching requirement to comply with Colorado water law remains, ensuring state regulatory authority.

Before

v2 detailed that the City may use Crystal Reservoir for (A) storage and in-reservoir uses or (B) releases for augmentation and other beneficial uses, both consistent with water rights, and required management according to State water law.

After

v3 streamlines this, stating the City may use water in Crystal Reservoir for 'any beneficial use consistent with applicable water right decrees or temporary administrative approvals obtained by or for the City, subject to applicable water laws of the State of Colorado'.

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Section 2(h)(2) (formerly (i)(2))
Narrowing of the scope of correctable errors.

This modification limits the types of errors that can be corrected by mutual agreement to only clerical or typographical mistakes. This prevents more substantive or interpretive 'minor errors' from being corrected without a more formal process, potentially reducing flexibility but increasing certainty regarding the finality of the map and legal description.

Before

v2 allowed for the correction of 'any minor errors' in the Map or legal description.

After

v3 narrows this to allow correction of 'any clerical or typographical errors' in the Map or legal description.

Scope

Meaningful expansion or narrowing — The changes are concentrated within Section 2, which governs the conveyance of the federal land and reservoir. While localized, the modifications within this section are extensive. — v3 represents a refinement of the policy direction, providing greater specificity and clarity regarding the terms of the conveyance, the responsibilities of the City, and the retained interests of the United States. It does not alter the fundamental policy of conveying the land. — The changes primarily interact with and refine the core provisions of the conveyance. The new reservation of easements for the US (Section 2(c)(2)(B)) directly influences the scope of the land conveyed under Section 2(b)(1). The 'necessary action agreement' (Section 2(e)(2)) is designed to manage the interaction between the City's operational needs and these reserved easements. The detailed easement for Red Mountain Ditch (Section 2(f)) significantly expands upon the general allowance in v2.

Impact analysis

City of Ouray, Colorado

Mixed. The City assumes greater financial and regulatory burdens but gains enhanced legal certainty and operational flexibility over crucial water infrastructure and a more protected ownership status.

The City's responsibilities for Full Moon Dam and related infrastructure are expanded to include replacement, rehabilitation, and regulatory compliance for dam safety. The City gains a perpetual easement for the Red Mountain Ditch with specific rights and a flow limit. The process for reversionary interest now includes a 90-day notice period, providing more security. The City also gains explicit authority to act on US easements for public safety/emergency response.

United States Forest Service (Secretary of Agriculture)

Mixed. The US retains clear rights to existing infrastructure through reservations, but its discretion in imposing additional terms and executing reversion is slightly constrained by new procedural requirements.

The Secretary now explicitly reserves easements for roads, trails, and trailheads on the conveyed land, rather than requiring the City to grant them. The Secretary's discretion for imposing additional terms is now explicitly limited to being 'Consistent with this Act'. The Secretary must also provide a 90-day written notice before exercising the reversionary interest.

Public and Recreational Users of the Federal Land

Mixed. Potential for temporary access restrictions in some circumstances, but also potential for improved recreational facilities and access in others.

Public access for recreational activities, including fishing, is still maintained, but v3 introduces specific exceptions allowing the City to restrict access for public safety, resource protection, emergency response, or infrastructure work. Permitted construction on the land now explicitly includes 'improved public access for recreational activities'.

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