[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2060 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2060

  To amend the Wild and Scenic Rivers Act to adjust the Crooked River 
   boundary, to provide water certainty for the City of Prineville, 
                    Oregon, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 31, 2011

  Mr. Walden introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Wild and Scenic Rivers Act to adjust the Crooked River 
   boundary, to provide water certainty for the City of Prineville, 
                    Oregon, 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 ``Central Oregon Jobs and Water 
Security Act''.

SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.

    Section 3(a)(72) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)(72)) is amended as follows:
            (1) By striking ``15-mile'' and inserting ``14.75-mile''.
            (2) In subparagraph (B)--
                    (A) by striking ``8-mile'' and all that follows 
                through ``Bowman Dam'' and inserting ``7.75-mile 
                segment from a point one-quarter mile downstream from 
                the toe of Bowman Dam''; and
                    (B) by adding at the end the following: ``The 
                developer for any hydropower development, including 
                turbines and appurtenant facilities, at Bowman Dam, in 
                consultation with the Bureau of Land Management, shall 
                analyze any impacts to the Outstandingly Remarkable 
                Values of the Wild and Scenic River that may be caused 
                by such development, including the future need to 
                undertake routine and emergency repairs, and shall 
                propose mitigation for these any impacts as part of any 
                license application submitted to the Federal Energy 
                Regulatory Commission.''.

SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.

    Section 4 of the Act of August 6, 1956 (70 Stat. 1058), (as amended 
by the Acts of September 14, 1959 (73 Stat. 554), and September 18, 
1964 (78 Stat. 954)) is further amended as follows:
            (1) By striking ``ten cubic feet'' both places it appears 
        and inserting ``17 cubic feet''.
            (2) By adding at the end the following: ``The cost of 
        facilities, and the costs of operating and maintaining the 
        same, as properly allocable to this minimum release shall be 
        nonreturnable and nonreimbursable under Federal reclamation 
        laws. Without further action by the Secretary, seven of the 17 
        cubic feet per second minimum release shall also serve as 
        mitigation for City of Prineville groundwater pumping, pursuant 
        to and in a manner consistent with Oregon State law. As such, 
        the Secretary is authorized to make applications to the State 
        of Oregon in conjunction with the City to protect these 
        supplies instream. If the State of Oregon does not allow for 
        use of the released water to serve as mitigation, then at the 
        request of the City, the Secretary shall provide the City up to 
        seven cubic feet per second of the minimum release for 
        municipal purposes. The Secretary is authorized to contract 
        exclusively with the City for additional amounts in the future 
        at the request of the City.''.

SEC. 4. FIRST FILL PROTECTION.

    The Act of August 6, 1956 (70 Stat. 1058), as amended by the Acts 
of September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat. 
954), is further amended by adding at the end the following:
    ``Sec. 6.  Other than the 17 cubic feet per second release provided 
for in section 4, and subject to compliance with the Army Corps of 
Engineers' flood curve requirements, the Secretary shall, on a ``first 
fill'' priority basis, store in and release from Prineville Reservoir, 
whether from carryover, infill, or a combination thereof, the 
following:
            ``(1) 68,273 acre feet of water annually to fulfill all 16 
        Bureau of Reclamation contracts existing as of January 1, 2011.
            ``(2) Not more than 10,000 acre feet of water annually, to 
        be made available to the North Unit Irrigation District 
        pursuant to a Temporary Water Service Contract, upon the 
        request of the North Unit Irrigation District, consistent with 
        the same terms and conditions as prior such contracts between 
        the District and the Bureau of Reclamation.
    ``Sec. 7.  Except as otherwise provided in this Act, nothing in 
this Act--
            ``(1) modifies contractual rights that may exist between 
        contractors and the United States under Reclamation contracts;
            ``(2) amends or reopens contracts referred to in paragraph 
        (1); or
            ``(3) modify any rights, obligations, or requirements that 
        may be provided or governed by Oregon State law.''.

SEC. 5. OCHOCO IRRIGATION DISTRICT.

    (a) Early Repayment.--Notwithstanding section 213 of the 
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within 
Ochoco Irrigation District in Oregon, may repay, at any time, the 
construction costs of the project facilities allocated to that 
landowner's lands within the district. Upon discharge, in full, of the 
obligation for repayment of the construction costs allocated to all 
lands the landowner owns in the district, those lands shall not be 
subject to the ownership and full-cost pricing limitations of the Act 
of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplemental to and 
amendatory of that Act, including the Reclamation Reform Act of 1982 
(43 U.S.C. 390aa et seq.).
    (b) Certification.--Upon the request of a landowner who has repaid, 
in full, the construction costs of the project facilities allocated to 
that landowner's lands owned within the district, the Secretary of the 
Interior shall provide the certification provided for in subsection 
(b)(1) of section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 
390mm(b)(1)).
    (c) Contract Amendment.--On approval of the district directors and 
notwithstanding project authorizing legislation to the contrary, the 
district's reclamation contracts are modified, without further action 
by the Secretary of the Interior, to--
            (1) authorize the use of water for instream purposes, 
        including fish or wildlife purposes, in order for the district 
        to engage in, or take advantage of, conserved water projects 
        and temporary instream leasing as authorized by Oregon State 
        law;
            (2) include within the district boundary approximately 
        2,742 acres in the vicinity of McKay Creek, resulting in a 
        total of approximately 44,937 acres within the district 
        boundary;
            (3) classify as irrigable approximately 685 acres within 
        the approximately 2,742 acres of included lands in the vicinity 
        of McKay Creek, where the approximately 685 acres are 
        authorized to receive irrigation water pursuant to water rights 
        issued by the State of Oregon and have in the past received 
        water pursuant to such State water rights; and
            (4) provide the district with stored water from Prineville 
        Reservoir for purposes of supplying the approximately 685 acres 
        of lands added within the district boundary under paragraph 
        (2).
    (d) Limitation.--Except as otherwise provided in subsections (a) 
and (c), nothing in this section shall be construed to--
            (1) modify contractual rights that may exist between the 
        District and the United States under the District's Reclamation 
        contracts;
            (2) amend or reopen the contracts referred to in paragraph 
        (1); or
            (3) modify any rights, obligations or relationships that 
        may exist between the District and its landowners as may be 
        provided or governed by Oregon State law.
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