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






                                                       Calendar No. 938
106th CONGRESS
  2d Session
                                S. 2882

                          [Report No. 106-489]

 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

            October 4 (legislative day, September 22), 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. AUTHORIZATION TO CONDUCT FEASIBILITY 
              STUDIES.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) various alternatives for the use or 
        disposition of water made available by the activities 
        authorized by this Act.</DELETED>

<DELETED>SEC. 3. LIMITATION ON CONSTRUCTION AUTHORITY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the requirements of applicable federal laws, 
        including the National Environmental Policy Act, have been met; 
        and</DELETED>
        <DELETED>    (2) the applicable feasibility study has been 
        prepared and submitted to the Congress for a period of not less 
        than ninety calendar days.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. SURVEYS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. WATER RIGHTS</DELETED>

<DELETED>    Nothing in this Act shall be construed to--</DELETED>
        <DELETED>    (1) create, by implication or otherwise, any 
        reserved water right or other right to the use of 
        water;</DELETED>
        <DELETED>    (2) invalidate, preempt, or create any exception 
        to State water law or an interstate compact governing 
        water;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) preempt or modify any State or Federal law or 
        interstate compact dealing with water quality or disposal; 
        or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

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 needs in the Klamath River 
basin, to improve water quality, 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, stakeholder groups and the 
interested public, 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 facilities while improving water quality, 
        consistent with the protection of fish and wildlife.
            (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 non-project lands, groundwater and surface water supplies, 
        and fish and wildlife.
            (3) The potential for further innovations in the use of 
        existing water resources, or market-based approaches, in order 
        to meet growing water needs consistent with state water law.

SEC. 3. ADDITIONAL STUDIES.

    (a) Non-Project Lands.--The Secretary may enter into an agreement 
with the Oregon Department of Water Resources to fund studies relating 
to the water supply needs of non-project lands in the Upper Klamath 
Basin.
    (b) 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. Wherever possible, 
the Secretary should use data already developed by Federal agencies and 
other stakeholders in the Basin.
    (c) Hydrologic Studies.--The Secretary is directed to complete 
ongoing hydrologic surveys in the Klamath River Basin currently being 
conducted by the U.S. Geological Survey.
    (d) Reporting Requirements.--The Secretary shall submit the 
findings of the studies conducted under section 2 and Section 3(a) of 
this Act to the Congress within 90 days of each study's completion, 
together with any recommendations for projects.

SEC. 4. 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. 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 nonreturnable.




                                                       Calendar No. 938

106th CONGRESS

  2d Session

                                S. 2882

                          [Report No. 106-489]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

            October 4 (legislative day, September 22), 2000

                       Reported with an amendment