[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5148 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 5148

_______________________________________________________________________

                                 AN ACT


 
     To authorize certain elements of the Yakima River Basin Water 
              Enhancement Project, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PURPOSES.

    The purposes of this Act are--
            (1) to protect, mitigate, and enhance fish and wildlife 
        through improved water management; improved instream flows; 
        improved water quality; protection, creation and enhancement of 
        wetlands; and by other appropriate means of habitat 
        improvement;
            (2) to improve the reliability of water supply for 
        irrigation;
            (3) to authorize a Yakima River basin water conservation 
        program that will improve the efficiency of water delivery and 
        use; enhance basin water supplies; improve water quality; 
        protect, create and enhance wetlands; and determine the amount 
        of basin water needs that can be met by water conservation 
        measures;
            (4) to realize sufficient water savings from the Yakima 
        River Basin Water Conservation Program so that not less than 
        40,000 acre-feet of water savings per year are achieved by the 
        end of the fourth year of the Basin Conservation Program, and 
        not less than 110,000 acre-feet of water savings per year are 
        achieved by the end of the eighth year of the program, to 
        protect and enhance fish and wildlife resources; and not less 
        than 55,000 acre feet of water savings per year are achieved by 
        the end of the eighth year of the program for availability for 
        irrigation;
            (5) to encourage voluntary transactions among public and 
        private entities which result in the implementation of water 
        conservation measures, practices, and facilities; and
            (6) to provide for the implementation by the Yakama Indian 
        Nation at its sole discretion of (A) an irrigation 
        demonstration project on the Yakama Indian Reservation using 
        water savings from system improvements to the Wapato Irrigation 
        Project, and (B) a Toppenish Creek corridor enhancement project 
        integrating agricultural, fish, wildlife, and cultural 
        resources.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) The term ``Basin Conservation Plan'' means a plan for 
        implementing water conservation measures found in the various 
        water conservation plans developed under the Basin Conservation 
        Program.
            (2) The term ``Basin Conservation Program'' means the 
        Yakima River Basin Water Conservation Program established under 
        section 3(a).
            (3) The term ``comprehensive basin operating plan'' means a 
        plan that will provide guidance to the Yakima Project 
        Superintendent for operation of the existing Yakima Project as 
        modified by actions taken pursuant to this Act.
            (4) The term ``Conservation Advisory Group'' means the 
        Yakima River Basin Conservation Advisory Group established 
        under section 3(c).
            (5) The term ``conserved water'' means water saved and 
        attributable to the program established under the Basin 
        Conservation Program.
            (6) The term ``Irrigation Demonstration Project'' means the 
        Yakama Indian Reservation Irrigation Demonstration Project 
        authorized in section 4(b).
            (7) The term ``nonproratable water'' means that portion of 
        the total water supply available under provisions of sections 
        18 and 19 of Civil Action No. 21 (Federal District Court 
        Judgment of January 31, 1945) that is not subject to proration 
        in times of water shortage.
            (8) The term ``on-district storage'' means small water 
        storage facilities located within the boundaries of an 
        irrigation entity, including reregulating reservoirs, holding 
        ponds, or other new storage methods which allow for efficient 
        water use.
            (9) The term ``proratable water'' means that portion of the 
        total water supply available under provisions of sections 18 
        and 19 of Civil Action No. 21 (Federal District Court Judgment 
        of January 31, 1945) that is subject to proration in times of 
        water shortage.
            (10) The term ``Secretary'' means the Secretary of the 
        Interior.
            (11) The term ``System Operations Advisory Committee'' 
        means a group of fishery biologists--
                    (A) created by the Yakima Project Superintendent in 
                response to the supplemental instructions entitled 
                ``Supplementary Instructions to the Water Master'', and 
                dated November 28, 1980, in the case of Kittitass 
                Reclamation District, et al. vs. the Sunnyside Valley 
                Irrigation District, et al. (E.D. Wash., Civil No. 
                21.);
                    (B) who advise the Yakima Project Superintendent on 
                operations of the Yakima Project for fish and wildlife 
                purposes; and
                    (C) who, together with others, were identified for 
                consultation on November 29, 1990, in the amended 
                partial summary judgment entered in the basin 
                adjudication (Yakima County Superior Court No. 77-2-
                01484-5).
            (12) The term ``Toppenish Enhancement Project'' means the 
        Toppenish Creek corridor enhancement project authorized by 
        section 4(c).
            (13) The term ``Yakama Indian Nation'' means the 
        Confederated Tribes and Bands of the Yakama Indian Nation as 
        redesignated under section 4(g).
            (14) The term ``Yakima Project Superintendent'' means the 
        individual designated by the Regional Director, Pacific 
        Northwest Region, Bureau of Reclamation, to be responsible for 
        the operation and management of the Yakima Federal Reclamation 
        Project, Washington.

SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

    (a) Establishment.--(1) The Secretary, in consultation with the 
State of Washington, the Yakama Indian Nation, Yakima River basin 
irrigators, and other interested parties, shall establish and 
administer a Yakima River Basin Water Conservation Program for the 
purpose of evaluating and implementing measures to improve the 
availability of water supplies for irrigation and the protection and 
enhancement of fish and wildlife resources, including wetlands, while 
improving the quality of water in the Yakima Basin. The Secretary may 
make grants to eligible entities for the purposes of carrying out this 
Act under such terms and conditions as the Secretary may require. Such 
terms and conditions shall include a requirement that all water 
districts, irrigation districts, individuals, or other entities 
eligible to participate in the Basin Conservation Program must equip 
all surface water delivery systems within their boundaries with 
volumetric water meters or equally effective water measuring methods 
within 5 years of the date of enactment of this Act.
    (2) Conserved water resulting in whole or in part from the 
expenditure of Federal funds shall not be used to expand irrigation in 
the Yakima Basin, except as specifically provided in section 4(a)(3) on 
the Yakama Indian Reservation.
    (3) The provisions of this section shall not apply to the Yakama 
Indian Nation except as to any funds specifically applied for from the 
Basin Conservation Program.
    (b) Four Phases of Program.--The Basin Conservation Program shall 
encourage and provide funding assistance for four phases of water 
conservation, which shall consist of the following:
            (1) The development of water conservation plans, consistent 
        with applicable water conservation guidelines of the Secretary, 
        by irrigation districts, conservation districts, water 
        purveyors, other areawide entities, and individuals not 
        included within an areawide entity.
            (2) The investigation of the feasibility of specific 
        potential water conservation measures identified in 
        conservation plans.
            (3) The implementation of measures that have been 
        identified in conservation plans and have been determined to be 
        feasible.
            (4) Post implementation monitoring and evaluation of 
        implemented measures.
    (c) Conservation Advisory Group.--(1) Not later than 12 months 
after the date of enactment of this Act, the Secretary, in consultation 
with the State of Washington, the Yakama Indian Nation, Yakima River 
basin irrigators, and other interested and related parties, shall 
establish the Yakima River Basin Conservation Advisory Group.
    (2) Members of the Conservation Advisory Group shall be appointed 
by the Secretary and shall be comprised of--
            (A) one representative of the Yakima River basin 
        nonproratable irrigators,
            (B) one representative of the Yakima River basin proratable 
        irrigators,
            (C) one representative of the Yakama Indian Nation,
            (D) one representative of environmental interests,
            (E) one representative of the Washington State University 
        Agricultural Extension Service,
            (F) one representative of the Department of Wildlife of the 
        State of Washington, and
            (G) one individual who shall serve as the facilitator.
    (3) The Conservation Advisory Group shall--
            (A) provide recommendations to the Secretary and to the 
        State of Washington regarding the structure and implementation 
        of the Basin Conservation Program,
            (B) provide recommendations to the Secretary and to the 
        State of Washington regarding the establishment of a permanent 
        program for the measurement and reporting of all natural flow 
        and contract diversions within the basin.
            (C) structure a process to prepare a basin conservation 
        plan as specified in subsection (f),
            (D) provide annual review of the implementation of the 
        applicable water conservation guidelines of the Secretary, and
            (E) provide recommendations consistent with statutes of the 
        State of Washington on rules, regulations, and administration 
        of a process to facilitate the voluntary sale or lease of 
        water.
    (4) The facilitator shall arrange for meetings of the Conservation 
Advisory Group, provide logistical support, and serve as moderator for 
the meetings.
    (5) The Conservation Advisory Group shall consult an irrigation 
district when considering actions specifically affecting that district. 
For the purposes of this paragraph, an irrigation district includes the 
Yakima Reservation Irrigation District.
    (6) The Conservation Advisory Group shall be nonvoting, seeking 
consensus whenever possible. If disagreement occurs, any member may 
submit independent comments to the Secretary. The Conservation Advisory 
Group shall terminate 5 years after the date of its establishment 
unless extended by the Secretary.
    (d) Cost Sharing.--(1) Except as otherwise provided by this Act, 
costs incurred in the four phases of the Basin Conservation Program 
shall be shared as follows:

      

------------------------------------------------------------------------
                                Non-Federal                             
   Program Phase   ------------------------------------   Federal Grant 
                       State Grant          Local                       
------------------------------------------------------------------------
1. Development of   50% but not more  (Residual amount         50%      
 water               than $200,000     if any)                          
 conservation        per recipient                                      
 plans                                                                  
2. Investigation    50% but sum of 1  20% after         Residual amount 
 of specific water   and 2 not         deducting State   after deducting
 conservation        greater than      funds for Item    State and local
 measures            $200,000 per      2                 funds for Item 
                     recipient                           2              
3 and 4.                  17.5%             17.5%             65.0%     
 Implementation                                                         
 and post                                                               
 implementation                                                         
 monitoring and                                                         
 evaluation                                                             
------------------------------------------------------------------------

    (2) The Yakima River Basin Water Enhancement Project is a Federal 
action to improve streamflow and fish passage conditions and shall be 
considered part of a comprehensive program to restore the Yakima River 
basin anadromous fishery resource. Related fishery resource improvement 
facilities which utilize funding sources under the Pacific Northwest 
Electric Power Planning and Conservation Act of 1989 (94 Stat. 2697) 
and independent water-related improvements of the State of Washington 
and other public and private entities to improve irrigation water use, 
water supply, and water quality, shall be treated as non-Federal cost 
share expenditures and shall be consolidated in any final calculation 
of required cost sharing. Within one year of the date of enactment of 
this Act, the Secretary shall enter into a binding cost sharing 
agreement with the State of Washington. The agreement shall describe 
the terms and conditions of specific contributions and other activities 
that may, subject to approval by the Secretary, qualify as non-Federal 
cost share expenditures.
    (3) Costs of the Basin Conservation Program related to projects on 
the Yakama Indian Reservation are a Federal responsibility and shall be 
nonreimbursable and not subject to the cost-sharing provisions of this 
subsection.
    (e) Entity Water Conservation Plans.--To participate in the 
Conservation Basin Program an entity must submit a proposed water 
conservation plan to the Secretary. The Secretary shall approve a water 
conservation plan submitted under this subsection if the Secretary 
determines that the plan meets the applicable water conservation 
guidelines of the Secretary.
    (f) Basin Conservation Plan.--The Conservation Advisory Group 
shall, within 2\1/2\ years after the date of enactment of this Act, 
submit a draft basin conservation plan to the Secretary.
    (g) Public Comment.--The Secretary shall distribute the draft basin 
conservation plan and the entity water conservation plans submitted 
under subsections (e) and (f), respectively, for public comment for a 
60-day period.
    (h) Publication of Basin Conservation Plan.--Within 60 days after 
the close of the comment period under subsection (g), the Secretary 
shall publish the Basin Conservation Plan which plan will provide the 
basis--
            (1) for prioritizing and allocating funds to implement 
        conservation measures under this Act; and
            (2) for preparing an interim comprehensive basin operating 
        plan under section 10 of this Act as provided for in Public Law 
        96-162 (93 Stat. 1241).
    (i) Conservation Measures.--(1) Measures considered for 
implementation in the Basin Conservation Program may include, among 
others, conveyance and distribution system monitoring, automation of 
water conveyance systems, water measuring or metering devices and 
equipment, lining and piping of water conveyance and distribution 
systems, on-district storage, electrification of hydraulic turbines, 
tail-water recycling, consolidation of irrigation systems, irrigation 
scheduling, and improvement of on-farm water application systems. Basin 
Conservation Program funds may also be used throughout all four phases 
of the Basin Conservation Program to mitigate for adverse impacts of 
program measures.
    (2) In addition to implementing existing technologies, the 
Secretary shall encourage the testing of innovative water conservation 
measures. The Secretary shall, to the maximum extent possible under 
applicable Federal, State, and tribal law, cooperate with the State of 
Washington to facilitate water and water right transfers, water 
banking, dry year options, the sale and leasing of water, and other 
innovative allocation tools used to maximize the utility of existing 
Yakima River basin water supplies.
    (3) The Secretary may, consistent with applicable law, use funds 
appropriated to carry out this section for the purchase or lease of 
land, water, or water rights from any entity or individual willing to 
limit or forego water use on a temporary or permanent basis. Funds used 
for purchase or lease under this paragraph are not subject to the cost 
sharing provisions of subsection (d). Efforts to acquire water should 
be made immediately upon availability of funds to meet the three-year 
goal specified in section 5(a)(4) to provide water to be used by the 
Yakima Project Superintendent under the advisement of the System 
Operations Advisory Committee for instream flow purposes. The use of 
Basin Conservation Program funds under this paragraph are in addition 
to those specifically authorized to be appropriated by subsection 
(j)(4).
    (4) On-farm water management improvements shall be coordinated with 
programs administered by the Secretary of Agriculture and State 
conservation districts.
    (j) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Secretary, at September 1990 prices, plus or 
minus such amounts as may be justified by reason of ordinary 
fluctuations of applicable cost indexes, the following amounts for the 
Basin Conservation Program:
            (1) $1,000,000 for the development of water conservation 
        plans.
            (2) $4,000,000 for investigation of specific potential 
        water conservation measures identified in conservation plans 
        for consideration for implementing through the Basin 
        Conservation Program.
            (3) Up to $67,500,000 for design, implementation, post-
        implementation monitoring and evaluation of measures, and 
        addressing environmental impacts.
            (4) Up to $10,000,000 for the initial acquisition of water 
        from willing sellers or lessors specifically to provide 
        instream flows for interim periods to facilitate the outward 
        migration of anadromous fish flushing flows. Such funds shall 
        not be subject to the cost sharing provisions of subsection 
        (d).
            (5) $100,000 annually for the establishment and support of 
        the Conservation Advisory Group during its duration. Such funds 
        shall be available for travel and per diem, rental of meeting 
        rooms, typing, printing and mailing, and associated 
        administrative needs. The Secretary and the State of Washington 
        shall provide appropriate staff support to the Conservation 
        Advisory Group.

SEC. 4. YAKAMA INDIAN NATION.

    (a) Wapato Irrigation Project Improvements and Appropriations.--(1) 
The Yakama Indian Nation's proposed system improvements to the Wapato 
Irrigation Project, as well as the design, construction, operation, and 
maintenance of the Irrigation Demonstration Project and the Toppenish 
Creek corridor enhancement project, pursuant to this Act shall be 
coordinated with the Bureau of Indian Affairs.
    (2) There is authorized to be appropriated to the Secretary not 
more than $23,000,000 for the preparation of plans, investigation of 
measures, and following the Secretary's certification that such 
measures are consistent with the water conservation objectives of this 
Act, the implementation of system improvements to the Wapato Irrigation 
Project. Funding for further improvements within the Wapato Irrigation 
Project may be acquired under the Basin Conservation Program or other 
sources identified by the Yakama Indian Nation.
    (3) Water savings resulting from irrigation system improvements 
shall be available for the use of the Yakama Indian Nation for 
irrigation and other purposes on the reservation and for protection and 
enhancement of fish and wildlife within the Yakima River basin. The 
conveyance of such water through irrigation facilities other than the 
Wapato Irrigation Project shall be on a voluntary basis and shall not 
further diminish the amount of water that otherwise would have been 
delivered by an entity to its water users in years of water proration.
    (b) Irrigation Demonstration Project Appropriations.--(1)(A) There 
is hereby authorized to be appropriated to the Secretary--
            (i) at September 1990 prices, plus or minus such amounts as 
        may be justified by reason of ordinary fluctuations of 
        applicable cost indexes, $8,500,000 for the design and 
        construction of the Yakama Indian Reservation Irrigation 
        Demonstration Project; and
            (ii) such sums as may be necessary for the operation and 
        maintenance of the Irrigation Demonstration Project, including 
        funds for administration, training, equipment, materials, and 
        supplies for the period specified by the Secretary, which sums 
        are in addition to operation and maintenance funds for wildlife 
        and cultural purposes appropriated to the Secretary under other 
        authorization.
    (B) Funds may not be made available under this subsection until the 
Yakama Indian Nation obtains the concurrence of the Secretary in the 
construction, management, and administrative aspects of the Irrigation 
Demonstration Project.
    (C) After the end of the period specified under subparagraph 
(A)(ii), costs for the operation and maintenance of the Irrigation 
Demonstration Project, including funds for administration, training, 
equipment, materials, and supplies referred to in that subparagraph, 
shall be borne exclusively by the lands directly benefitting from the 
Irrigation Demonstration Project.
    (2) The Irrigation Demonstration Project shall provide for the 
construction of distribution and on-farm irrigation facilities to use 
all or a portion of the water savings, as determined by the Yakama 
Indian Nation, resulting from the Wapato Irrigation Project system 
improvements for--
            (A) demonstrating cost-effective state of the art 
        irrigation water management and conservation,
            (B) the training of tribal members in irrigation methods, 
        operation, and management, and
            (C) upgrading existing hydroelectric facilities and 
        construction of additional hydroelectric facilities on the 
        reservation to meet irrigation pumping power needs.
    (c) Toppenish Creek Corridor Enhancement Project Appropriations.--
There is hereby authorized to be appropriated to the Secretary 
$1,500,000 for the further investigation by the Yakama Indian Nation of 
measures to develop a Toppenish Creek corridor enhancement project to 
demonstrate integration of management of agricultural, fish, wildlife, 
and cultural resources to meet tribal objectives and such amount as the 
Secretary subsequently determines is necessary for implementation. 
There is also authorized to be appropriated to the Secretary such sums 
as may be necessary for the operation and maintenance of the Toppenish 
Enhancement Project.
    (d) Report.--Within 5 years of the implementation of the Irrigation 
Demonstration Project and the Toppenish Enhancement Project, the 
Secretary, in consultation with the Yakama Indian Nation, shall report 
to the Committee on Energy and Natural Resources of the Senate, the 
Committee on Natural Resources of the House of Representatives, and the 
Governor of the State of Washington on the effectiveness of the 
conservation, training, mitigation, and other measures implemented.
    (e) Status of Improvements and Facilities.--The Wapato Irrigation 
Project system improvements and any specific irrigation facility of the 
Irrigation Demonstration Project (excluding on-farm irrigation 
facilities) and the Toppenish Enhancement Project shall become features 
of the Wapato Irrigation Project.
    (f) Treatment of Certain Costs.--Costs related to Wapato Irrigation 
Project improvements, the Irrigation Demonstration Project, and the 
Toppenish Enhancement Project shall be a Federal responsibility and are 
nonreimbursable and nonreturnable.
    (g) Redesignation of Yakima Indian Nation to Yakama Indian 
Nation.--
            (1) Redesignation.--The Confederated Tribes and Bands of 
        the Yakima Indian Nation shall be known and designated as the 
        ``Confederated Tribes and Bands of the Yakama Indian Nation''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        Confederated Tribes and Bands of the Yakima Indian Nation 
        referred to in subsection (a) shall be deemed to be a reference 
        to the ``Confederated Tribes and Bands of the Yakama Indian 
        Nation''.

SEC. 5. OPERATION OF YAKIMA BASIN PROJECTS.

    (a) Water Savings From Basin Conservation Program.--(1) The Basin 
Conservation Program is intended to result in reductions in water 
diversions allowing for changes in the present operation of the Yakima 
Project to improve stream flow conditions in the Yakima River basin. 
Except as provided by paragraph (5) of this subsection and section 9, 
commencing with the enactment of this Act, and notwithstanding that 
anticipated water savings are yet to be realized, the Secretary, upon 
the enactment of this Act and acting through the Yakima Project 
Superintendent, shall (A) continue to estimate the water supply which 
is anticipated to be available to meet water entitlements; and (B) 
provide instream flows in accordance with the following criteria:
      

------------------------------------------------------------------------
        Water Supply Estimate for Period (million     Target Flow from  
                       acre feet):                    Date of Estimate  
     ----------------------------------------------     thru October    
                                                    Downstream of (cubic
                                                      feet per second): 
      April thru   May thru   June thru  July thru ---------------------
       September   September  September  September  Sunnyside   Prosser 
                                                    Diversion  Diversion
                                                       Dam        Dam   
------------------------------------------------------------------------
        (1) 3.2       2.9        2.4        1.9        600        600   
        (2) 2.9      2.65        2.2        1.7        500        500   
       (3) 2.65       2.4        2.0        1.5        400        400   
                                                                        
           Less than line 3 water supply               300        300   
------------------------------------------------------------------------

    (2) The initial target flows represent target flows at the 
respective points. Reasonable fluctuations from these target flows are 
anticipated in the operation of the Yakima Project, except that for any 
period exceeding 24 hours--
            (A) actual flows at the Sunnyside Diversion Dam may not 
        decrease to less than 65 percent of the target flow at the 
        Sunnyside Diversion Dam; and
            (B) actual flows at the Prosser Diversion Dam may not 
        decrease by more than 50 cubic feet per second from the target 
        flow.
    (3) The instream flows shall be increased for interim periods 
during any month of April through October to facilitate when necessary 
the outward migration of anadromous fish. Increased instream flows for 
such interim periods shall be obtained through voluntary sale and 
leasing of water or water rights or from conservation measures taken 
under this Act.
    (4)(A)(i) Within the three-year period beginning when 
appropriations are first provided to carry out the Basin Conservation 
Program, the instream flow goal in the Yakima River is as follows: to 
secure water which is to be used for instream flows to facilitate 
meeting recommendations of the System Operations Advisory Committee for 
flushing flows or other instream uses.
    (ii) In addition to any other authority of the Secretary to provide 
water for flushing flows, the water required to meet the goal specified 
in clause (i) shall be acquired through the voluntary purchase or lease 
of land, water, or water rights and from the development of additional 
storage capability at Lake Cle Elum provided for in section 6(a).
    (iii) In addition to water required to meet the instream flow goal 
specified in clause (i), the System Operations Advisory Committee may 
recommend additional water to meet instream flow goals pursuant to 
judicial actions.
    (B) After the period referred to in subparagraph (A), such instream 
flow goal is modified as follows:
            (i) The goal increases so that the instream target flows 
        specified in the table in paragraph (1) increase by 50 cubic 
        feet per second for each 27,000 acre-feet of reduced annual 
        water diversions achieved through implementation of measures 
        under the Basin Conservation Program. Such increases do not 
        apply to actions taken pursuant to section 4. Such increases 
        shall not further diminish the amount of water that otherwise 
        would have been delivered by an entity to its water users in 
        years of water proration.
            (ii) The goal changes directly with the availability of 
        water resulting from Federal expenditures under this Act for 
        purchase or lease of water under this Act.
    (C) The Yakima Project Superintendent shall maintain an account of 
funded and completed conservation measures taken under the Basin 
Conservation Program.
    (D) No later than March 31 of each calendar year, the Yakima 
Project Superintendent shall meet with the State of Washington, Yakama 
Indian Nation, and Yakima River basin irrigators to mutually determine 
total diversion reductions and respective adjustments to the target 
flows referred to in this subsection. The Yakima Project Superintendent 
shall announce such adjustments with the announcements of Total Water 
Supply Available. For the purposes of this subparagraph, conserved 
water will be considered available for adjusting target flows in the 
first year following completion of a measure or following a result from 
the post implementation monitoring and evaluation program, as the case 
may be.
    (5) Operational procedures and processes in the Yakima River basin 
which have or may be implemented through judicial actions shall not be 
impacted by this Act.
    (6)(A) Within three years after the date of enactment of this Act, 
the Secretary shall conduct a study and submit a report with 
recommendations to the appropriate committees of the Congress on 
whether the water supply available for irrigation is adequate to 
sustain the agricultural economy of the Yakima River basin.
    (B) The target flows provided for under this subsection shall be 
evaluated within three years after the date of enactment of this Act by 
the Systems Operations Advisory Committee for the purpose of making a 
report with recommendations to the Secretary and the Congress 
evaluating what is necessary to have biologically-based target flows.
    (C) The recommendations and reports under subparagraphs (A) and (B) 
shall provide a basis for the third phase of the Yakima River Basin 
Water Enhancement Project.
    (b) Water From Lake Cle Elum.--Water accruing from the development 
of additional storage capacity at Lake Cle Elum, made available 
pursuant to the modifications authorized in section 6(a), shall not be 
part of the Yakima River basin's water supply as provided in subsection 
(a)(1). Water obtained from such development is exclusively dedicated 
to instream flows for use by the Yakima Project Superintendent as 
flushing flows or as otherwise advised by the System Operations 
Advisory Committee. Water may be carried over from year-to-year in the 
additional capacity to the extent that there is space available. 
Releases may be made from other Yakima Project storage facilities to 
most effectively utilize this additional water, except that water 
deliveries to holders of existing water rights shall not be impaired.
    (c) Status of Basin Conservation Program Facilities.--Measures of 
the Basin Conservation Program which are implemented on facilities 
currently under the administrative jurisdiction of the Secretary, 
except as provided in section 4, shall be considered features of the 
Yakima River Basin Water Enhancement Project, and their operation and 
maintenance shall be integrated and coordinated with other features of 
the existing Yakima Project. The responsibility for operation and 
maintenance and the related costs shall remain with the current 
operating entity. As appropriate, the Secretary shall incorporate the 
operation and maintenance of such facilities into existing agreements. 
The Secretary shall assure that such facilities are operated in a 
manner consistent with Federal and State law and in accordance with 
water rights recognized pursuant to State and Federal law.
    (d) Water Acquired by Purchase and Lease.--Water acquired from 
voluntary sellers and lessors shall be administered as a block of water 
separate from the Total Water Supply Available, in accordance with 
applicable Federal and State law.
    (e) Yakima Project Purpose.--(1) An additional purpose of the 
Yakima Project shall be for fish, wildlife, and recreation.
    (2) The existing storage rights of the Yakima Project shall include 
storage for the purposes of fish, wildlife, and recreation.
    (3) The purposes specified in paragraphs (1) and (2) shall not 
impair the operation of the Yakima Project to provide water for 
irrigation purposes nor impact existing contracts.

SEC. 6. LAKE CLE ELUM AUTHORIZATION OF APPROPRIATIONS.

    (a) Modifications and Improvements.--There is hereby authorized to 
be appropriated to the Secretary--
            (1) at September 1990 prices, plus or minus such amounts as 
        may be justified by reason of ordinary fluctuation of 
        applicable indexes, $2,934,000 to--
                    (A) modify the radial gates at Cle Elum Dam to 
                provide an additional 14,600 acre-feet of storage 
                capacity in Lake Cle Elum,
                    (B) provide for shoreline protection of Lake Cle 
                Elum, and
                    (C) construct juvenile fish passage facilities at 
                Cle Elum Dam, plus
            (2) such additional amounts as may be necessary which may 
        be required for environmental mitigation.
    (b) Operation and Maintenance Appropriations.--There is hereby 
authorized to be appropriated to the Secretary such sums as may be 
necessary for that portion of the operation and maintenance of Cle Elum 
Dam determined by the Secretary to be a Federal responsibility.

SEC. 7. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA BASIN TRIBUTARIES.

    (a) General Provisions.--The following shall be applicable to the 
investigation and implementation of measures to enhance water supplies 
for fish and wildlife and irrigation purposes on tributaries of the 
Yakima River basin:
            (1) An enhancement program authorized by this section 
        undertaken in any tributary shall be contingent upon the 
        agreement of appropriate water right owners to participate.
            (2) The enhancement program authorized by this section 
        shall not be construed to affect (A) the water rights of any 
        water right owners in the tributary or other water delivering 
        entities; (B) the capability of tributary water users to 
        divert, convey, and apply water; and (C) existing water and 
        land uses within the tributary area.
            (3) The water supply for tributary enhancement shall be 
        administered in accordance with applicable State and Federal 
        laws.
            (4) Any enhancement program authorized by this section 
        shall be predicated upon the availability of a dependable water 
        supply.
    (b) Study.--(1) The Secretary, following consultation with the 
State of Washington, the tributary water right owners, and the Yakama 
Indian Nation, and agreement of appropriate water right owners to 
participate, shall conduct a study concerning the measures that can be 
implemented to enhance water supplies for fish and wildlife and 
irrigation purposes on Taneum Creek, including (but not limited to)--
            (A) water use efficiency improvements;
            (B) the conveyance of water from the Yakima Project through 
        the facilities of any irrigation entity willing to contract 
        with the Secretary without adverse impact to water users;
            (C) the construction, operation, and maintenance of ground 
        water withdrawal facilities;
            (D) contracting with any entity that is willing to 
        voluntarily limit or forego present water use through lease or 
        sale of water or water rights on a temporary or permanent 
        basis;
            (E) purchase of water rights from willing sellers; and
            (F) other measures compatible with the purposes of this 
        Act, including restoration of stream habitats.
    (2) In conducting the Taneum Creek study, the Secretary shall 
consider--
            (A) the hydrologic and environmental characteristics;
            (B) the engineering and economic factors relating to each 
        measure; and
            (C) the potential impacts upon the operations of present 
        water users in the tributary and measures to alleviate such 
        impacts.
    (3) The Secretary shall make available to the public for a 45-day 
comment period a draft report describing in detail the findings, 
conclusions, and recommendations of the study. The Secretary shall 
consider and include any comment made in developing a final report. The 
Secretary's final report shall be submitted to the Committee on Energy 
and Natural Resources of the Senate, the Committee on Natural Resources 
of the House of Representatives, and the Governor of the State of 
Washington, and made available to the public.
    (c) Implementation of Nonstorage Measures.--After securing the 
necessary permits the Secretary may, in cooperation with the Department 
of Ecology of the State of Washington and in accordance with the laws 
of the State of Washington, implement nonstorage measures identified in 
the final report under subsection (b) upon fulfillment of the following 
conditions:
            (1) The Secretary shall enter into an agreement with the 
        appropriate water right owners who are willing to participate, 
        the State of Washington, and the Yakama Indian Nation, for the 
        use and management of the water supply to be provided by 
        proposed tributary measures pursuant to this section.
            (2) The Secretary and the State of Washington find that the 
        implementation of the proposed tributary measures will not 
        impair the water rights of any person or entity in the affected 
        tributary.
    (d) Other Yakima River Basin Tributaries.--Enhancement programs 
similar to the enhancement program authorized by this section may be 
investigated and implemented by the Secretary in other tributaries 
contingent upon the agreement of the appropriate tributary water right 
owners to participate. The provisions set forth in this section shall 
be applicable to such programs.
    (e) Authorization of Appropriations.--(1) There is hereby 
authorized to be appropriated to the Secretary $500,000 for the study 
of the Taneum Creek Project and such amount as the Secretary 
subsequently determines is necessary for implementation of tributary 
measures pursuant to this section.
    (2) There is also authorized to be appropriated to the Secretary 
such funds as are necessary for the investigation of enhancement 
programs similar to the enhancement program authorized by this section 
in other Yakima River basin tributaries contingent upon the agreement 
of the appropriate water right owners to participate. Funds for the 
implementation of any such similar enhancement program may not be 
appropriated until after the Secretary submits an investigation report 
to the appropriate congressional committees.

SEC. 8. CHANDLER PUMPING PLANT AND POWERPLANT-OPERATIONS AT PROSSER 
              DIVERSION DAM.

    (a) Authorization of Appropriations for Electrification.--In order 
to provide for electrification to enhance instream flows by eliminating 
the need to divert water to operate the hydraulic turbines which pump 
water to the Kennewick Irrigation District, there is authorized to be 
appropriated--
            (1) $50,000 to conduct an assessment of opportunities for 
        alternative pumping plant locations;
            (2) $4,000,000 for construction; and
            (3) such sums as may be necessary for the prorata share of 
        the operation and maintenance allocated to fish and wildlife as 
        determined by the Secretary.
    (b) Power for Project Pumping.--(1) The Administrator of the 
Bonneville Power Administration shall provide for project power needed 
to effect the electrification as provided in subsection (a).
    (2)(A) There is authorized to be appropriated for the Bureau of 
Reclamation for each fiscal year in which the Administrator provides 
power under this subsection an amount equal to the cost to the 
Bonneville Power Administration of providing power under this 
subsection during such fiscal year. The rate to be utilized by the 
Administrator in determining the cost of power under this paragraph in 
a fiscal year shall be the rate for priority firm power charged by the 
Bonneville Power Administration in that fiscal year under section 7(b) 
of the Pacific Northwest Electric Power Planning and Conservation Act 
(16 U.S.C. 839e(b)).
    (B) The Bureau of Reclamation shall, using funds appropriated 
pursuant to the authorization of appropriations in subparagraph (A), 
reimburse the Bonneville Power Administration for the costs of the 
project power provided under this subsection. Such funds shall be 
available for such purpose without fiscal year limitation.
    (c) Subordination.--Any diversions for hydropower generation at the 
Chandler Powerplant shall be subordinated to meet the flow targets 
determined under subsection (f).
    (d) Water Supply for Kennewick Irrigation District.--The Secretary 
shall ensure that the irrigation water supply for the Kennewick 
Irrigation District shall not be affected by conservation, 
electrification, or subordination pursuant to this Act and any 
reduction in its irrigation water supply resulting from conservation 
measures adopted or implemented by other entities pursuant to this Act 
shall be replaced by water developed through subordination, 
electrification, or a combination of the two.
    (e) Treatment of Certain Funds.--Funds appropriated and project 
power provided pursuant to this section shall be nonreimbursable since 
such funds are used for fish and wildlife purposes and such funds are 
not subject to cost share under section 3(d).
    (f) Target Flows.--Target flows measured at appropriate biological 
and hydrological location or locations shall be determined by the 
Yakima Project Superintendent in consultation with the System 
Operations Advisory Committee.

SEC. 9. AUGMENTATION OF KACHESS RESERVOIR STORED WATER.

    (a) Authorization of Appropriations.--In order to augment Kachess 
Reservoir stored water supplies from flows of Cabin Creek and Silver 
Creek which are excess to system demands, there is authorized to be 
appropriated--
            (1) such sums as may be necessary to carry out a 
        feasibility study, including the benefits, costs, and 
        environmental aspects, of the facility described in paragraph 
        (2);
            (2) for the construction of facilities to convey such flows 
        to Kachess Reservoir, $20,000,000; and
            (3) such sums as may be necessary for the pro rata share of 
        the operation and maintenance allocated to fish and wildlife 
        determined by the Secretary.
    (b) Limitation.--Construction of the facilities described in 
subsection (a)(1) is contingent on the completion of the feasibility 
study referred to in subsection (a)(2).
    (c) Use of Additional Water.--The stored water supply resulting 
from the construction of facilities under this section shall be used by 
the Secretary to--
            (1) enhance the water supply available to the Kittitas 
        Reclamation District and the Roza Irrigation District in years 
        of proration; and
            (2) facilitate reservoir operations in the Easton Dam to 
        Keechelus Dam reach of the Yakima River for the propagation of 
        anadromous fish.
    (d) Treatment of Costs.--The construction and operation and 
maintenance costs of the facilities under this section shall be 
allocated to irrigation and fishery enhancement, as follows:
            (1) The portion of such costs allocated to irrigation is 
        reimbursable, with the construction costs to be paid prior to 
        initiation of construction by the Kittitas Reclamation District 
        and the Roza Irrigation District.
            (2) The portion of such costs allocated to fishery 
        enhancement is nonreimbursable.
    (e) Kachess Dam Modifications.--There is authorized to be 
appropriated $2,000,000 for the modification of the discharge 
facilities of Kachess Dam to improve reservoir operations for 
anadromous fish enhancement. Amounts appropriated under this subsection 
are nonreimbursable.

SEC. 10. INTERIM COMPREHENSIVE BASIN OPERATING PLAN.

    (a) Development.--The Secretary shall, in consultation with the 
State of Washington, Yakama Indian Nation, Yakima River Basin 
irrigation districts, Bonneville Power Administration, and other 
entities as determined by the Secretary, develop an interim 
comprehensive operating plan for providing a general framework within 
which the Yakima Project Superintendent operates the Yakima Project, 
including measures implemented under the Yakima River Basin Water 
Enhancement Project, including (but not limited to)--
            (1) operating capability and constraints of the system;
            (2) information on water supply calculations an water 
        needs;
            (3) system operations and stream flow objectives; and
            (4) the System Operations Advisory Committee activities.
    (b) Process Requirements.--A draft of the interim comprehensive 
basin operating plan shall be completed within 18 months after the 
completion of the Basin Conservation Plan under section 3(f) and, upon 
completion, published for a 90-day public review period. The Secretary 
shall complete and publish the final interim comprehensive operating 
plan within 90 days after the close of the public review period. The 
Secretary shall update the plan as needed to respond to decisions from 
water adjudications relating to the Yakima River basin.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $100,000 to carry out this section.

SEC. 11. ENVIRONMENTAL COMPLIANCE.

    There are hereby authorized to be appropriated to the Secretary 
$2,000,000 for environmental compliance activities including the 
conduct, in cooperation with the State of Washington, of an inventory 
of wildlife and wetland resources in the Yakima River basin and an 
investigation of measures, including ``wetland banking'', which could 
be implemented to address potential impacts which could result from the 
activities taken under this Act.

SEC. 12. SAVINGS AND CONTINGENCIES.

    (a) In General.--Nothing in this Act shall be construed to--
            (1) affect or modify any treaty or other right of the 
        Yakama Indian Nation;
            (2) authorize the appropriation or use of water by any 
        Federal, State, or local agency, the Yakama Indian Nation, or 
        any other entity or individual;
            (3) impair the rights or jurisdictions of the United 
        States, the States, the Yakama Indian Nation, or other entities 
        over waters of any river or stream or over any ground water 
        resource;
            (4) alter, amend, repeal, interpret, modify, or be in 
        conflict with any interstate compact made by the States;
            (5) alter, establish, or impair the respective rights of 
        States, the United States, the Yakama Indian Nation, or any 
        other entity or individual with respect to any water or water-
        related right;
            (6) alter, diminish, or abridge the rights and obligations 
        of any Federal, State, or local agency, the Yakama Indian 
        Nation, or other entity, public or private;
            (7) affect or modify the rights of the Yakama Indian Nation 
        or its successors in interest to, and management and regulation 
        of, those water resources arising or used, within the external 
        boundaries of the Yakama Indian Reservation;
            (8) affect or modify the settlement agreement between the 
        United States and the State of Washington filed in Yakima 
        County Superior Court with regard to Federal reserved water 
        rights other than those rights reserved by the United States 
        for the benefit of the Yakama Indian Nation and its members;
            (9) affect or modify the rights of any Federal, State, or 
        local agency, the Yakama Indian Nation, or any other entity, 
        public or private with respect to any unresolved and unsettled 
        claims in any water right adjudications, or court decisions, 
        including State against Acquavella, or constitute evidence in 
        any such proceeding in which any water or water related right 
        is adjudicated; or
            (10) preclude other planning studies and projects to 
        accomplish the purposes of this Act by other means: funded 
        publicly, privately, or by a combination of public and private 
        funding.
    (b) Contingency Based on Appropriations.--The performance of any 
activity under this Act which requires accomplishment within a 
specified period that may require appropriation of money by Congress or 
the allotment of funds shall be contingent upon such appropriation or 
allotment being made.

            Passed the House of Representatives October 3, 1994.

            Attest:






                                                                 Clerk.

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103d CONGRESS

  2d Session

                               H. R. 5148

_______________________________________________________________________

                                 AN ACT

     To authorize certain elements of the Yakima River Basin Water 
              Enhancement Project, and for other purposes.