II 110th CONGRESS 1st Session S. 307 IN THE SENATE OF THE UNITED STATES January 16, 2007 Mr. Baucus (for himself and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a minimum rate of release for water from the Yellowtail Dam, Montana.

1.

Yellowtail dam, montana

(a)

In general

Notwithstanding any other provision of law and except as provided in subsection (b), the preferred rate of release of water from Yellowtail Dam, located in Big Horn County, Montana, shall be not less than 2,500 cubic feet of water per second, with a minimum rate of release of 1,500 cubic feet of water per second. (b)

Exceptions

The minimum rate of release established under subsection (a) may be waived by the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this Act as the Secretary)— (1)in the event of an emergency, as determined by the Secretary; or (2)if, for any reason, water levels in Bighorn Lake imminently preclude power generation at Yellowtail Dam, as determined by the Secretary. (c)

Purpose

The purposes for which the Yellowtail Unit of the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944) (58 Stat. 891)) is authorized shall include the maintenance of a healthy fishery on the portion of the Bighorn River, Montana, that is located downstream from the Yellowtail Dam. (d)

Coordination

The Secretary shall ensure that any reclamation project carried out within the Bighorn River watershed shall be coordinated with other Reclamation projects within the watershed, including any projects overseen by the Montana Area Office or Wyoming Area Office of the Bureau of Reclamation.