Bills · S. 2754 · Text
Reported to Senate
Confirmed from the official record
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2754 Reported in Senate (RS)]
<DOC>
Calendar No. 641
119th CONGRESS
2d Session
S. 2754
To direct the Secretary of Agriculture to convey to the City of Ouray,
Colorado, certain land managed by the Forest Service, together with a
reservoir.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2025
Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
September 17, 2026
Reported by Mr. Lee, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to convey to the City of Ouray,
Colorado, certain land managed by the Forest Service, together with a
reservoir.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Crystal Reservoir
Conveyance Act''.</DELETED>
<DELETED>SEC. 2. CONVEYANCE OF FEDERAL LAND TO OURAY,
COLORADO.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) City.--The term ``City'' means the City of
Ouray, Colorado.</DELETED>
<DELETED> (2) Federal land.--The term ``Federal land''
means--</DELETED>
<DELETED> (A) the site known as ``Crystal
Reservoir'' in Ouray County, Colorado, including--
</DELETED>
<DELETED> (i) the lake associated with that
reservoir;</DELETED>
<DELETED> (ii) Full Moon Dam and associated
facilities, including the spillway and
outlet;</DELETED>
<DELETED> (iii) Full Moon Ditch and
Reservoir Number 10; and</DELETED>
<DELETED> (iv) all infrastructure associated
with the reservoir; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) Map.--The term ``Map'' means the map prepared
by the Forest Service entitled ``Crystal Reservoir Conveyance''
and dated June 23, 2025.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of the
Forest Service.</DELETED>
<DELETED> (b) Conveyance.--As soon as practicable after the date of
enactment of this Act, the Secretary shall convey to the City--
</DELETED>
<DELETED> (1) all right, title, and interest of the United
States in and to the Federal land; and</DELETED>
<DELETED> (2) all water rights 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.</DELETED>
<DELETED> (c) Requirements.--The conveyance under subsection (b)
shall be--</DELETED>
<DELETED> (1) made by quitclaim deed;</DELETED>
<DELETED> (2) subject to--</DELETED>
<DELETED> (A) valid existing rights; and</DELETED>
<DELETED> (B) the reversionary interest described in
subsection (e)(3); and</DELETED>
<DELETED> (3) except as provided in subsection (d)(2),
completed at no cost to the City.</DELETED>
<DELETED> (d) Costs.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), the Secretary shall pay all costs associated with the
conveyance under subsection (b).</DELETED>
<DELETED> (2) Survey.--The City shall pay all costs
associated with any surveys conducted for the purpose of
accomplishing the conveyance under subsection (b).</DELETED>
<DELETED> (e) Terms and Conditions.--</DELETED>
<DELETED> (1) In general.--As a condition of the conveyance
of the Federal land under subsection (b), the City shall
agree--</DELETED>
<DELETED> (A) to grant to the Secretary an easement
for each trail and road in existence on the date of the
conveyance that, as determined by the Secretary,
originates at, terminates at, or traverses the Federal
land;</DELETED>
<DELETED> (B) 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;</DELETED>
<DELETED> (C) to maintain the Federal land in
perpetuity as open space, to be held open--</DELETED>
<DELETED> (i) for full public access for
recreational activities, including fishing;
and</DELETED>
<DELETED> (ii) not subject to any fee for
recreational access;</DELETED>
<DELETED> (D) not to conduct on the Federal land any
development, commercial operations, or construction,
other than as needed for the operation and maintenance
of Full Moon Dam, Crystal Reservoir, and related
infrastructure, including Full Moon Ditch and Reservoir
Number 10; and</DELETED>
<DELETED> (E) 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.</DELETED>
<DELETED> (2) 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.</DELETED>
<DELETED> (3) 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.</DELETED>
<DELETED> (f) 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.</DELETED>
<DELETED> (g) Water Rights.--</DELETED>
<DELETED> (1) In general.--Subject to paragraph (2), the
City may use Crystal Reservoir for--</DELETED>
<DELETED> (A) storage of water and in-reservoir
uses, consistent with any water rights; or</DELETED>
<DELETED> (B) releases of water for augmentation and
other beneficial uses, consistent with any water
rights.</DELETED>
<DELETED> (2) 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.</DELETED>
<DELETED> (h) 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.</DELETED>
<DELETED> (i) Map and Legal Description.--</DELETED>
<DELETED> (1) 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).</DELETED>
<DELETED> (2) Corrections.--The Secretary and the City, by
mutual agreement, may correct any minor errors in the Map or
legal description under paragraph (1).</DELETED>
<DELETED> (3) 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crystal Reservoir Conveyance Act''.
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) except as otherwise provided in this Act, all right,
title, and interest of the United States in and to the Federal
land; and
(2) 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) Requirements.--The conveyance under subsection (b) shall--
(1) convey fee simple title to the Federal land;
(2) be subject to--
(A) valid existing rights;
(B) 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) the reversionary interest described in
subsection (e)(4); and
(3) 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) effective beginning on the date of the
conveyance, to assume responsibility for the costs of
all repairs, operations, maintenance, replacement,
rehabilitation, and regulatory compliance for dam
safety relating to Full Moon Dam and related
infrastructure, including Full Moon Ditch and Reservoir
Number 10;
(B) to maintain the Federal land in perpetuity as
open space, to be held open--
(i) 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
(ii) not subject to any fee for
recreational access;
(C) not to conduct on the Federal land any
development, commercial operations, or construction,
other than 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,
Crystal Reservoir, and related infrastructure,
including Full Moon Ditch and Reservoir Number 10; and
(D) not to expand the surface footprint of Crystal
Reservoir at normal operating levels (as depicted on
the Map) 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 otherwise be allowed.
(2) 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) public safety;
(B) emergency response; or
(C) the operation, maintenance, repair,
replacement, or rehabilitation by the City of Full Moon
Dam, Crystal Reservoir, or related infrastructure.
(3) Other terms and conditions.--Consistent with this Act,
the conveyance under subsection (b) shall be subject to such
other terms and conditions as the Secretary determines to be
appropriate.
(4) Reversionary interest.--
(A) 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) 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) Easement.--
(1) In general.--After the conveyance under subsection (b),
the Secretary--
(A) shall recognize a perpetual easement for the
Red Mountain Ditch for use by the City--
(i) 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) to access, operate, maintain, repair,
replace, or improve the Ditch and its
appurtenances for such purposes; and
(B) may require temporary special use
authorizations for non-routine maintenance and repairs
of Red Mountain Ditch or for the replacement or
improvement of the Ditch.
(2) 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) Water Rights.--After the conveyance under subsection (b), 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.
(h) Map and Legal Description.--
(1) 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) 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).
(3) 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.
Calendar No. 641
119th CONGRESS
2d Session
S. 2754
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to convey to the City of Ouray,
Colorado, certain land managed by the Forest Service, together with a
reservoir.
_______________________________________________________________________
September 17, 2026
Reported with an amendment