[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1986 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1986

 To provide for the completion of the Umatilla Basin Project, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 1996

 Mr. Hatfield introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the completion of the Umatilla Basin 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. This Act may be referred to as the ``Umatilla Basin 
Project Completion Act''.
    Sec. 2. Title II of Public Law 100-557 is amended by adding at the 
end thereof:

                 ``authorization of project completion

    ``Sec. 214. For purposes of completing the Columbia River water 
exchanges and other mitigation efforts necessary to restore the 
Umatilla River basin fishery, and to provide for the expansion of 
Umatilla basin project district boundaries, the Secretary of the 
Interior (hereinafter referred to as the Secretary), acting pursuant to 
the Federal reclamation laws (Act of June 17, 1902, and Acts amendatory 
thereof and supplementary thereto), is authorized to complete 
construction and to operate and maintain the integrated Umatilla River 
basin project, including pump exchange projects known as phases I, II, 
and III.

                  ``umatilla river phase iii exchange

    ``Sec. 215. (a)(1) The Secretary is hereby authorized to construct 
a third and final phase of the Umatilla River basin project to provide 
additional flows in the Umatilla River for anadromous fish through a 
water exchange with Westland Irrigation District.
    ``(2) Prior to construction, the Secretary shall complete a 
feasibility study to identify alternatives within the authorized 
ceiling to provide Westland Irrigation District exchange flows of 
approximately 220 cubic feet per second, or greater.
    ``(3) The feasibility study for the phase III exchange facilities 
shall include an analysis of inclusion of other irrigators in the 
exchange, appropriate backup systems, water conservation opportunities, 
and such other analyses as the Secretary may deem appropriate to 
improve the exchange project for fishery restoration purposes.
    ``(4) Prior to completion of phase III facilities, the Secretary 
shall negotiate and execute an exchange agreement with the Westland 
Irrigation District and any other participating irrigators to allow the 
use of Columbia River water in exchange for an equal amount of Umatilla 
River or McKay Reservoir water: Provided, That the irrigation districts 
shall continue to be eligible to receive the same volume of water as 
they received under their respective contracts with the Bureau of 
Reclamation dated July 6, 1954 for Hermiston Irrigation District, 
November 18, 1949 for Stanfield Irrigation District, July 6, 1954 for 
West Extension Irrigation District, and November 18, 1949 for Westland 
Irrigation District.
    ``(5) Phase III facilities may pump Columbia River water for 
exchange purposes only, and not for conjunctive use.
    ``(b) Operation of McKay Reservoir.-- The Secretary shall operate 
McKay Reservoir in accordance with Federal and State law and water 
rights filed pursuant to State law. The Secretary is authorized to 
continue to designate and deliver McKay Reservoir water for Umatilla 
River fishery purposes. This title shall not alter any party's rights 
or obligations under existing contracts for McKay Reservoir water.
    ``(c) Operation and Maintenance Costs.--All exchange system 
operation and maintenance costs and any increased operation and 
maintenance costs to the project caused by the phase III exchange shall 
be the responsibility of the Federal Government and shall be 
nonreimbursable.
    ``(d) Power for Project Pumping.--The Administrator of the 
Bonneville Power Administration, consistent with provisions of the 
Columbia River Basin Fish and Wildlife Program established pursuant to 
the Pacific Northwest Electric Power Planning and Conservation Act (94 
Stat. 2697), shall provide for project power needed to effect the phase 
III water exchange for purposes of mitigating anadromous fishery 
resources. The cost of power shall be credited to fishery restoration 
goals of the Columbia River Basin Fish and Wildlife Program.

              ``umatilla basin project boundary adjustment

    ``Sec. 216. (a) Upon enactment of the Umatilla Basin Project 
Completion Act, the boundaries of the three irrigation districts with 
functioning Columbia River water exchange facilities are adjusted by 
operation of law as follows:
            ``(1) Hermiston Irrigation District's boundaries are 
        adjusted to include the 1,091 acres identified in its 1993 
        request to the Bureau of Reclamation.
            ``(2) Stanfield Irrigation District's boundaries are 
        adjusted to include the 230.99 acres receiving water under 1995 
        and 1996 temporary contracts with the Bureau of Reclamation.
            ``(3) West Extension Irrigation District's boundaries are 
        adjusted to include the 2,436.8 acres identified in its 1993 
        request to the Bureau of Reclamation and are classified as 
        irrigable in the Bureau of Reclamation's Land Classification 
        Report.
    ``(b)(1) When the Umatilla basin project's phase III exchange is 
completed and fully functional, the Westland Irrigation District's 
boundaries shall be adjusted to include the 7,023 acres receiving water 
under 1995 and 1996 temporary contracts with the Bureau of Reclamation: 
Provided, That any analysis required by the National Environmental 
Policy Act of 1969 on the boundary expansion request shall be 
accomplished in conjunction with similar analysis on the phase III 
exchange facilities. The Westland Irrigation District shall pay 
analysis costs associated with boundary adjustment, not to exceed 
$300,000, and any additional costs shall be nonreimbursable.
    ``(2) The Westland Irrigation District's temporary contract with 
the Bureau of Reclamation is hereby extended for an additional ten-year 
period. All other terms of the temporary contract, including the 
payment, water delivery, and mitigation provisions, shall remain the 
same. A riparian project, as described in the 1996 temporary contract, 
will be designed and completed by the Westland Irrigation District. If 
phase III is not fully functional when this temporary contract, as 
extended, expires, the Secretary is authorized to enter into additional 
extensions on such terms and conditions as may be mutually agreeable.
    ``(c) Notwithstanding any other provision of this title, no parcel 
may receive project water unless it has a valid existing State water 
right and is classified as irrigable in the Bureau of Reclamation's 
Land Classification Report.
    ``(d) Upon approval of each irrigation district's boundary 
adjustment request and adjustment of the boundary, a legal description 
of the new district boundaries, including land classification and 
project boundary maps, shall be provided as an attachment to all four 
irrigation districts' existing contracts.
    ``(e) No alteration in the ability to pay determination for the 
Umatilla River basin project districts may be made as a result of the 
project boundary expansions authorized by this title.

                          ``treaty obligations

    ``Sec. 217. The Federal Government and the Confederated Tribes of 
the Umatilla Indian Reservation jointly recognize that completion of 
phase III and perpetual operation of the integrated project, including 
phases I, II, and III, meets all obligations of the Federal Government 
to provide the Confederated Tribes of the Umatilla Indian Reservation 
with water for fishery needs in the Umatilla River below the mouth of 
McKay Creek, as recognized by their 1855 treaty with the United States.

                   ``water protection and management

    ``Sec. 218. (a) The Secretary shall continue working in cooperation 
with the State of Oregon, the Confederated Tribes of the Umatilla 
Indian Reservation, the irrigation districts, and the affected public 
toward developing a comprehensive water management plan to assist in 
restoring the Umatilla River basin's anadromous fishery. The Secretary 
shall develop an integrated groundwater/surface water model of the 
upper Umatilla River basin for use in developing the comprehensive 
water management plan.
    ``(b) Project facilities and features authorized by this title 
shall be integrated and coordinated, from an operational standpoint, 
into existing features of the Umatilla basin project.
    ``(c) The Secretary shall enter into appropriate agreements with 
the State of Oregon, the relevant irrigation districts, and the 
Confederated Tribes of the Umatilla Indian Reservation, as appropriate, 
to provide funding for monitoring and administration, including 
regulation, of project-related water supplies for the purposes herein 
identified.

                   ``authorization for appropriation

    ``Sec. 219. (a) There is authorized to be appropriated to the 
Secretary, plus or minus such amounts as may be justified by reason of 
ordinary fluctuations of applicable cost indexes, the following sums, 
without fiscal year limitation:
            ``(1) Not to exceed $71,000,000 for feasibility studies, 
        environmental studies, and construction of the phase III 
        exchange: Provided, That all costs of phase III planning and 
        construction, including operation and maintenance costs 
        allocated to the mitigation of anadromous fish species and the 
        study authorized in section 215 of this Act, shall be 
        nonreimbursable: Provided, further, That not less than 80 per 
        centum of such funds shall be used for actual construction.
            ``(2) Not to exceed $500,000 for the development of a 
        comprehensive water management plan and integrated groundwater/
        surface water model, as provided for in section 218(a) of this 
        title.
            ``(3) Not to exceed $400,000 annually for enforcement and 
        protection of phases I, II, and III of exchange water for 
        instream uses, as provided for in section 218(c) of this 
        title.''.

                              water rights

    Sec. 3. Nothing in this Act shall--
            (a) impair the validity of or preempt any provision of 
        State law with respect to water or water rights, or of any 
        interstate compact governing water or water rights;
            (b) create a right to the diversion or use of water other 
        than as established pursuant to the substantive and procedural 
        requirements of State law and as recognized under State law;
            (c) impair or affect any valid water right; or
            (d) establish or create any water rights for any party, nor 
        may any provision be construed to create directly or indirectly 
        an express or implied Federal reserved water right for any 
        purpose.
                                 <all>