[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2882 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2882

 To authorize the Bureau of Reclamation to conduct certain feasibility 
 studies to augment water supplies for the Klamath Project, Oregon and 
                  California, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2000

    Mr. Smith of Oregon (for himself and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the Bureau of Reclamation to conduct certain feasibility 
 studies to augment water supplies for the Klamath Project, Oregon and 
                  California, 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. SHORT TITLE.

    This Act may be cited as the ``Klamath Basin Water Supply 
Enhancement Act of 2000''.

SEC. 2. AUTHORIZATION TO CONDUCT FEASIBILITY STUDIES.

    In order to help meet the growing water supply and water quality 
needs of the Klamath River basin, to facilitate the efforts of the 
State of Oregon to resolve water rights claims in the Upper Klamath 
River Basin including facilitation of Klamath tribal water rights 
claims, and to reduce conflicts over water between the Upper and Lower 
Klamath Basins, the Secretary of the Interior (hereafter referred to as 
the ``Secretary'') is authorized and directed, in consultation with 
affected state, local and tribal interests, to engage in feasibility 
studies of the following proposals related to the Upper Klamath Basin 
and the Klamath Project, a federal reclamation project in Oregon and 
California:
            (1) increasing the storage capacity and/or the yield of the 
        Klamath Project, including, but not limited to, the facilities 
        of Gerber Reservoir, Upper Klamath Lake, and Clear Lake;
            (2) the potential for development of additional Klamath 
        Basin groundwater supplies to improve water quantity and 
        quality, including the effect of such groundwater development 
        on both groundwater and surface water supplies.
            (3) various alternatives for the use or disposition of 
        water made available by the activities authorized by this Act.

SEC. 3. LIMITATION ON CONSTRUCTION AUTHORITY.

    (a) In General.--Upon completion of the applicable feasibility 
study, the Secretary is authorized to plan, design and construct 
modifications to existing facilities, and to develop groundwater 
supplies. The Secretary shall balance construction and funding between 
project and non-project lands, and activities for the non-project lands 
shall be coordinated through the Oregon State Department of Water 
Resources. Implementation of such projects shall be in accordance with 
applicable state and local laws and regulations. The Secretary may not 
obligate funds for such projects until--
            (1) the requirements of applicable federal laws, including 
        the National Environmental Policy Act, have been met; and
            (2) the applicable feasibility study has been prepared and 
        submitted to the Congress for a period of not less than ninety 
        calendar days.
    (b) Projects Not Authorized for Construction.--Nothing in this Act 
authorizes the construction of any new projects other than the 
modifications of existing facilities and the development of groundwater 
supplies meeting the criteria of subsection (a), or that are otherwise 
authorized under the Act of June 17, 1902 (82 Stat. 388) and all Acts 
amendatory thereof or supplementary thereto.
    (c) Limitation.--Activities funded under this Act shall not be 
considered a supplemental or additional benefit under the Act of June 
17, 1902 (82 Stat. 388) and all Acts amendatory thereof or 
supplementary thereto.

SEC. 4. SURVEYS.

    To further the purposes of this Act, the Secretary is authorized to 
compile information on native fish species in the Upper Klamath River 
Basin upstream of Upper Klamath Lake, including surveys already 
completed by Federal agencies and other stakeholders in the Basin, and 
is directed to complete ongoing hydrologic surveys in the Klamath River 
Basin currently being conducted by the U.S. Geological Survey.

SEC. 5. WATER RIGHTS

    Nothing in this Act shall be construed to--
            (1) create, by implication or otherwise, any reserved water 
        right or other right to the use of water;
            (2) invalidate, preempt, or create any exception to State 
        water law or an interstate compact governing water;
            (3) alter the rights of any State to any appropriated share 
        of the waters of any body or surface or groundwater, whether 
        determined by past or future interstate compacts or by past or 
        future legislative or final judicial allocations;
            (4) preempt or modify any State or Federal law or 
        interstate compact dealing with water quality or disposal; or
            (5) confer upon any non-Federal entity the ability to 
        exercise any Federal right to the waters of any stream or to 
        any groundwater resources.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized such sums as necessary to carry out the 
purposes of this Act. Activities conducted under this Act shall be non-
reimbursable and non-returnable.
                                 <all>