Page:United States Statutes at Large Volume 114 Part 2.djvu/598

 114 STAT. 1422 PUBLIC LAW 106-370 —OCT. 27, 2000 to the applications filed, for domestic and municipal uses in the town of Duchesne. (8) Non-Indians settled the town of Duchesne, and the inhabitgints 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.

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