Crystal Reservoir Conveyance Act
What changed between versions
The conveyance changed from a quitclaim deed to fee simple title, giving the City full ownership rather than whatever interest the government happened to hold.
A new perpetual easement for Red Mountain Ditch was established, specifying a flow limit of 6 cubic feet per second, referencing specific Colorado court decrees (Case No. 1751-B and Case No. 2013CW3040), and including rights to access, operate, maintain, repair, replace, or improve the ditch.
The City's dam maintenance obligation expanded from 'repairs, operations, and maintenance' to include 'replacement, rehabilitation, and regulatory compliance.'
A new 'necessary action agreement' provision (e)(2) authorizes the City to take action on reserved easements for public safety, emergency response, or dam operations and maintenance.
A rule of construction provision allowing the City to make expenditures for dam repair before the conveyance date (with Secretary approval) was removed entirely.
Water rights conveyed were redefined more precisely as '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' rather than simply 'all water rights associated with the Federal land.'
Public access to the Federal land was narrowed from 'full public access' to 'public access' with new exceptions for public safety, resource protection, emergency response, and dam infrastructure work.
The City's permitted uses of Crystal Reservoir water expanded from storage and augmentation to 'any beneficial use,' subject to Colorado water law.
The reversionary interest provision now requires the Secretary to provide written notice to the City and wait 90 days before reversion can occur, giving the City a cure period. Previously reversion could happen immediately at the Secretary's discretion.
The reservoir expansion restriction changed from prohibiting expansion of the 'historical footprint' to prohibiting expansion of the 'surface footprint at normal operating levels (as depicted on the Map)' in a manner that would flood, impair, or harm upstream wetlands.
A specific definition of Red Mountain Ditch was added, identifying it as constructed in or about 1945 on lands administered by the San Juan National Forest and Grand Mesa, Uncompahgre, and Gunnison National Forest in a specific legal section.
The map correction provision narrowed from allowing correction of 'minor errors' by mutual agreement to only 'clerical or typographical errors.'