Page:United States Statutes at Large Volume 94 Part 1.djvu/990

 94 STAT. 940

PUBLIC LAW 96-309—JULY 9, 1980 Public Law 96-309 96th Congress An Act

July 9, 1980 [S. 2546]

Bessemer Ditch, Pueblo, Colo., gunite lining. Liability for damages.

Design and construction costs.

Maintenance and replacement. Appropriation authorization.

To authorize the Secretary of the Interior to design and construct a gunite lining on certain reaches of the Bessemer Ditch in the vicinity of Pueblo, Colorado, to prevent or reduce seepage damage on adjacent properties, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to design and construct a gunite lining on apjproximately eight thousand feet of the Bessemer Ditch in the vicinity of Pueblo, Colorado, to prevent or reduce seepage damage on adjacent properties. Nothing in this Act shall be construed in any administrative or judicial proceeding as establishing congressional acquiesence or approval of any theory of Federal hability for damages or as establishing a precedent for Federal liability or responsibility in any situation similar to that addressed by this Act. SEC. 2. The design and construction costs of the works authorized by this Act shall be included as capital costs of Pueblo Dam and Reservoir, Fryingpan-Arkansas Project, Colorado, and shall be allocated to the purposes served by Pueblo Dam and Reservoir in accordance with procedures established pursuant to Federal Reclamation Law. The Bessemer Irrigating Ditch Company, which owns, operates, and maintains the Bessemer Ditch, shall be responsible for maintaining or replacing the completed gunite lining authorized by this Act. SEC. 3. There is hereby authorized to be appropriated for fiscal year 1981 for the design and construction of approximately eight thousand feet of gunite lining on the Bessemer Ditch in the vicinity of Pueblo, Colorado, the sum of $1,500,000 Obased on October 1979 prices), plus or minus such amounts, if any, as may be justified by reason of chanjges of construction costs as indicated by engineering cost indices applicable to the type of construction involved. Approved July 9, 1980.

LEGISLATIVE HISTORY: SENATE REPORT No. 96-750 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 126 (1980): May 22, considered and passed Senate. June 27, considered and passed House.

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