[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.
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