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H.R. 5911 — what changed

Crystal Reservoir Conveyance Act

From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.

Sec. 2 Conveyance of Federal land to Ouray, Colorado

(a)
Definitions— In this section:
(1)
City— The term City means the City of Ouray, Colorado.
(2)
Federal land— The term Federal land means—
(A)
the site known as “Crystal Reservoir” in Ouray County, Colorado, including—
(i)
the lake associated with that reservoir;
(ii)
Full Moon Dam and associated facilities, including the spillway and outlet;
(iii)
Full Moon Ditch and Reservoir Number 10; and
(iv)
all infrastructure associated with the reservoir; and
(B)
the parcel comprising approximately 45 acres of land underlying and surrounding Crystal Reservoir, as depicted on the Map, managed by the Forest Service as necessary for access for repair, operation, and maintenance of Crystal Reservoir and the features described in clauses (i) through (iv) of subparagraph (A).
(3)
Map— The term Map means the map prepared by the Forest Service entitled “Crystal Reservoir Conveyance” and dated June 23, 2025.
(4)
Secretary— The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(b)
Conveyance— As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the City—
(1)
changed except as otherwise provided in this Act, all right, title, and interest of the United States in and to the Federal land; and
(2)
changed 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, including the Full Moon Ditch and Reservoir Number 10 water rights described in the decree of the State of Colorado in Civil Action No. 1959, dated May 11, 1942.
(c)
changed Requirements— The conveyance under subsection (b) shall be—shall—
(1)
changed made by quitclaim deed;convey fee simple title to the Federal land;
(2)
changed be subject to—
(A)
changed valid existing rights; andrights;
(B)
added the reservation to the United States, in the deed conveying the Federal land, of easements for each road, trail, and trailhead in existence on the date of the conveyance, together with such additional rights as are reasonably necessary for access, administration, operation, maintenance, repair, and replacement of those improvements; and
(C)
renumbered was (4)(4)(3) the reversionary interest described in subsection (e)(3); and
(3)
changed except as provided in subsection (d)(2), be completed at no cost to the City.
(d)
Costs—
(1)
In general— Except as provided in paragraph (2), the Secretary shall pay all costs associated with the conveyance under subsection (b).
(2)
Survey— The City shall pay all costs associated with any surveys conducted for the purpose of accomplishing the conveyance under subsection (b).
(e)
Terms and conditions—
(1)
In general— As a condition of the conveyance of the Federal land under subsection (b), the City shall agree—
(A)
changed to grant to the Secretary an easement for each trail and road in existence effective beginning on the date of the conveyance that, as determined by the Secretary, originates at, terminates at, or traverses conveyance, to assume responsibility for the Federal land;costs of all repairs, operations, maintenance, replacement, rehabilitation, and regulatory compliance relating to Full Moon Dam and related infrastructure, including Full Moon Ditch and Reservoir Number 10;
(B)
removed effective beginning on the date of the conveyance, to assume responsibility for the costs of all repairs, operations, and maintenance of Full Moon Dam and related infrastructure, including Full Moon Ditch and Reservoir Number 10;
(B)
renumbered was (6)(2)(5) to maintain the Federal land in perpetuity as open space, to be held open—
(i)
added 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; and
(i)
removed for full public access for recreational activities, including fishing; and
(ii)
renumbered was (6)(2)(5)(3) not subject to any fee for recreational access;
(C)
added not to conduct on the Federal land any development, commercial operations, or construction, other than as needed for the operation, maintenance, repair, replacement, rehabilitation, public safety, and regulatory compliance for dam safety of Full Moon Dam, Crystal Reservoir, and related infrastructure, including Full Moon Ditch and Reservoir Number 10; and
(D)
changed not to conduct expand the surface footprint of Crystal Reservoir at normal operating levels (as depicted on the Federal land any development, commercial operations, Map) in a manner that would flood, impair, or construction, other than as needed for the operation and maintenance harm any wetlands located upstream of Full Moon Dam, the Federal land, subject to the condition that deepening Crystal Reservoir, and related infrastructure, including Full Moon Ditch and Reservoir Number 10; andin a manner consistent with the water rights of the City shall otherwise be allowed.
(2)
added Necessary action agreement— The conveyance under subsection (b) shall be made subject to terms agreed to by the Secretary and the City that authorize the City to take such action on the easements described in subsection (c)(2)(B) as the City determines is reasonable and necessary for—
(A)
added public safety;
(B)
added emergency response; or
(C)
added the operation, maintenance, repair, replacement, or rehabilitation by the City of Full Moon Dam, Crystal Reservoir, or related infrastructure.
(E)
removed not to expand the historical footprint of Crystal Reservoir in a manner that would flood, impair, or harm any wetlands located upstream of the Federal land, subject to the condition that deepening Crystal Reservoir in a manner consistent with the water rights of the City shall be allowed.
(3)
renumbered was (6)(3) Other terms and conditions— The conveyance under subsection (b) shall be subject to such other terms and conditions as the Secretary determines to be appropriate.
(4)
added Reversionary interest—
(A)
added Written notice— If the Federal land conveyed under subsection (b) ceases to be used in accordance with the terms and conditions under this subsection the Secretary shall submit to the City written notice with respect to such use.
(B)
added Reversion— After the 90-day period beginning on the date written notice is submitted to the City under subparagraph (A), if the Federal land conveyed under subsection (b) continues to be used in a manner not in accordance with the terms and conditions under this subsection during such period, the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States.
(f)
added Easement—
(1)
added In general— After the conveyance under subsection (b), the Secretary—
(A)
added shall recognize a perpetual easement for the Red Mountain Ditch for use by the City—
(i)
added for the purposes relating to the Ditch specified in the decrees entitled “Case No. 1751-B” and “Case No. 2013CW3040” for the State of Colorado, including the diversion and delivery of water (not to exceed 6 cubic feet per second) for storage in Crystal Reservoir and subsequent beneficial use; and
(ii)
added to access, operate, maintain, repair, replace, or improve the Ditch and its appurtenances for such purposes; and
(B)
added may require special use authorizations for non-routine maintenance and repairs of Red Mountain Ditch or for the replacement or improvement of the Ditch.
(2)
added Red Mountain Ditch defined— In this subsection, the term “Red Mountain Ditch” means the Ditch known as Red Mountain Ditch constructed in or about 1945 located, as of the date of the enactment of this Act, 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.
(g)
added Water rights— After the conveyance under subsection (b), the City may use water in Crystal Reservoir for any beneficial use, subject to applicable water laws of the State of Colorado.
(h)
added Map and legal description—
(3)
removed Reversionary interest— If the Federal land conveyed under subsection (b) ceases to be used in accordance with the terms and conditions under this subsection, the Federal land shall revert to the United States, at the discretion of the Secretary, if the Secretary determines that reversion is in the best interest of the United States.
(f)
removed Use of Red Mountain Ditch— After the conveyance under subsection (b), the Secretary shall allow the structure located near the Federal land commonly known as “Red Mountain Ditch”, located near Red Mountain Pass, 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.
(g)
removed Water rights—
(1)
removed In general— Subject to paragraph (2), the City may use Crystal Reservoir for—
(A)
removed storage of water and in-reservoir uses, consistent with any water rights; or
(B)
removed releases of water for augmentation and other beneficial uses, consistent with any water rights.
(2)
removed State water law— The City shall manage all water rights associated with the Federal land in accordance with applicable water laws of the State of Colorado.
(h)
removed Rule of construction— Nothing in this section prohibits the City from making any expenditure for repair of Full Moon Dam or any other feature of the Federal land before the date of the conveyance under subsection (b), subject to the approval of the Secretary.
(i)
removed Map and legal description—
(1)
renumbered was (10)(2) In general— As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the Map and a legal description of the Federal land to be conveyed under subsection (b).
(2)
added Corrections— The Secretary and the City, by mutual agreement, may correct any clerical or typographical errors in the Map or legal description under paragraph (1).
(2)
removed Corrections— The Secretary and the City, by mutual agreement, may correct any minor errors in the Map or legal description under paragraph (1).
(3)
renumbered was (10)(4) Map on file— The Map and legal description under paragraph (1) shall be on file and available for public inspection in each appropriate office of the Forest Service.