Partial Title Transfer
The South Columbia Basin Irrigation District is in the process of a partial title transfer with the United States Bureau of Reclamation.
What is a Title Transfer?
The 2019 John D. Dingell Jr. Conservation, Management and Recreation Act allows the United States Bureau of Reclamation (Reclamation) to transfer ownership of its facilities to qualifying state entities, such as irrigation districts. Facilities are only eligible for title transfer after they have been paid off in the amount agreed upon under the 1902 Reclamation Act. Prior to the Dingell Act, transferring ownership of federal facilities required a much more cumbersome process and an act of Congress, but the title transfer process under the Act allows for a smoother transition to more effective management of the facilities and better opportunities to work closely with landowners and developers. A partial title transfer recognizes the desire to transfer only some, rather than all, of the assets and facilities within an irrigation district. Water rights associated with transferred facilities are owned by the Columbia Basin Project and are not transferred as part of the process.
What this means for Landowners and Water Users?
SCBID’s foremost mission is irrigation and protecting irrigated agriculture. As population increases and land use shifts, urbanization of farmland is inevitable, and it has a direct impact on an irrigation district’s ability to maintain its facilities and adequately serve its landowners. Currently, all irrigation system facilities, district housing, and material sites, like rock pits and quarries, in the district are owned by Reclamation but are operated, maintained, and funded by SCBID. A partial title transfer would allow the District to have local control over the infrastructure and importantly the right of ways and easements. The District could more efficiently work with developers and others involved in urbanization activities while managing the impacts of urbanization to surrounding ag land.
A unique fact about the Columbia Basin Project is that water can be moved. The water rights associated with farmland that has been urbanized can be redirected to water other areas within the project, compensating for the loss of farmland.
Next Steps in the Title Transfer Process
SCBID has undergone the process of requesting the partial title transfer and identifying the assets associated with the request. Reclamation Commissioner Touton has approved the request and SCBID is now responsible for making the partial title transfer official through documentation with Reclamation. This includes studies to assess the environmental, cultural, and historical impact on the affected lands and assets by the National Environmental Policy Act and the National Historic Preservation Act. The timeline of the transfer past this point is contingent on the studies.
A crucial aspect of the title transfer process is holding public forums for comments and stakeholder questions. Though transferring title ownership of these facilities requires little to no increase in responsibility for the District itself and the Dingell Act contains provisions ensuring that facilities maintain their current uses, constituents of SCBID may have questions, comments, or concerns to be addressed during the public comment period. The public will be informed once these opportunities are scheduled.
