[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3483 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3483

  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 SENATE OF THE UNITED STATES

                             August 2, 2012

Mr. Merkley (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 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 ``Crooked River Collaborative Water 
Security Act''.

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

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by striking paragraph (72) and inserting the following:
            ``(72) Crooked, oregon.--
                    ``(A) In general.--The 14.75-mile segment from the 
                National Grassland boundary to Dry Creek, to be 
                administered by the Secretary of the Interior in the 
                following classes:
                            ``(i) The 7-mile segment from the National 
                        Grassland boundary to River Mile 8 south of 
                        Opal Spring, as a recreational river.
                            ``(ii) The 7.75-mile segment from a point 
                        \1/4\-mile downstream from the center crest of 
                        Bowman Dam, as a recreational river.
                    ``(B) Hydropower.--In any license application 
                submitted to the Federal Energy Regulatory Commission 
                relating to hydropower development (including turbines 
                and appurtenant facilities) at Bowman Dam, the 
                applicant, in consultation with the Director of the 
                Bureau of Land Management, shall--
                            ``(i) analyze any impacts to the scenic, 
                        recreational, and fishery resource values of 
                        the Crooked River from the center crest of 
                        Bowman Dam to a point \1/4\-mile downstream 
                        that may be caused by the proposed hydropower 
                        development, including the future need to 
                        undertake routine and emergency repairs;
                            ``(ii) propose measures to minimize and 
                        mitigate any impacts analyzed under clause (i); 
                        and
                            ``(iii) propose designs and measures to 
                        ensure that any access facilities associated 
                        with hydropower development at Bowman Dam shall 
                        not impede the free-flowing nature of the 
                        Crooked River below Bowman Dam.''.

SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.

    Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 
554; 78 Stat. 954) is amended--
            (1) by striking ``during those months'' and all that 
        follows through ``purpose of the project''; and
            (2) by adding at the end the following: ``Without further 
        action by the Secretary of the Interior, beginning on the date 
        of enactment of the Crooked River Collaborative Water Security 
        Act, 5,100 acre-feet of water shall be annually released from 
        the project to serve as mitigation for City of Prineville 
        groundwater pumping, pursuant to and in a manner consistent 
        with Oregon State law, including any shaping of the release of 
        the water. The City of Prineville shall make payments to the 
        Secretary for the water, in accordance with the Bureau of 
        Reclamation document entitled `Water and Related Contract and 
        Repayment Principles and Requirements', the Bureau of 
        Reclamation Manual Directives and Standards numbered PEC 05-01 
        and dated September 12, 2006, and the document entitled 
        `Economic and Environmental Principles and Guidelines for Water 
        and Related Land Resources Implementation Studies' and dated 
        March 10, 1983. Consistent with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), and other 
        applicable Federal laws, the Secretary may contract exclusively 
        with the City of Prineville for additional quantities of water, 
        at the request of the City of Prineville.''.

SEC. 4. ADDITIONAL PROVISIONS.

    The Act entitled ``An Act to authorize construction by the 
Secretary of the Interior of the Crooked River Federal reclamation 
project, Oregon'', approved August 6, 1956 (70 Stat. 1058; chapter 980; 
73 Stat. 554; 78 Stat. 954), is amended by adding at the end the 
following:

``SEC. 6. FIRST FILL STORAGE AND RELEASE.

    ``Other than the 10 cubic feet per second release provided for in 
section 4, and subject to compliance with the flood curve requirements 
of the Corps of Engineers, the Secretary shall, on a `first fill' 
priority basis, store in and release from Prineville Reservoir, whether 
from carryover, infill, or a combination of both, 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 2,740 acre-feet of water annually to 
        supply the McKay Creek land, in accordance with section 5 of 
        the Crooked River Collaborative Water Security Act.
            ``(3) 10,000 acre-feet of water annually, to be made 
        available first to the North Unit Irrigation District, and 
        subsequently to any other holders of Reclamation contracts 
        existing as of January 1, 2011 (in that order), pursuant to 
        Temporary Water Service Contracts, on the request of the North 
        Unit Irrigation District or the contract holders, consistent 
        with the same terms and conditions as prior such contracts 
        between the Bureau of Reclamation and District or contract 
        holders, as applicable.
            ``(4) 5,100 acre-feet of water annually to mitigate the 
        City of Prineville groundwater pumping under section 4.

``SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER QUANTITIES.

    ``(a) In General.--Other than the quantities provided for in 
section 4 and the `first fill' quantities provided for in section 6, 
and subject to compliance with the flood curve requirements of the 
Corps of Engineers, the Secretary shall store in and release from 
Prineville Reservoir all remaining stored water quantities for the 
benefit of downstream fish and wildlife.
    ``(b) Applicable Law.--If a consultation under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) or an order of a court in 
a proceeding under that Act requires releases of stored water from 
Prineville Reservoir for fish and wildlife downstream of Bowman Dam, 
the Secretary shall use uncontracted stored water.
    ``(c) Annual Release Schedule.--
            ``(1) In general.--The Commissioner of Reclamation shall 
        develop annual release schedules for the remaining stored water 
        quantities and the water serving as mitigation for City of 
        Prineville groundwater pumping.
            ``(2) Guidance.--To the maximum extent practicable and 
        unless otherwise prohibited by law, the Commissioner of 
        Reclamation shall develop and implement the annual release 
        schedules consistent with the guidance provided by the 
        Confederated Tribes of the Warm Springs Reservation of Oregon 
        and the State of Oregon to maximize biological benefit for 
        downstream resources, based on consideration of the multiyear 
        water needs of downstream fish and wildlife.
            ``(3) Comments from federal fish management agencies.--The 
        National Marine Fisheries Service and the United States Fish 
        and Wildlife Service shall have the opportunity to provide 
        advice with respect to, and comment on, the annual release 
        schedule developed by the Commissioner of Reclamation under 
        this subsection.
    ``(d) Required Coordination.--The Commissioner of Reclamation shall 
perform traditional and routine activities in a manner that coordinates 
with and assists the Confederated Tribes of the Warm Springs 
Reservation of Oregon and the ability of the State of Oregon to monitor 
and request adjustments to releases for downstream fish and wildlife on 
an in-season basis as the Confederated Tribes of the Warm Springs 
Reservation of Oregon and the State of Oregon determine downstream fish 
and wildlife needs require.
    ``(e) Effect.--Nothing in this section affects the authority of the 
Commissioner of Reclamation to perform all other traditional and 
routine activities of the Commissioner of Reclamation.

``SEC. 8. EFFECT.

    ``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) modifies any rights, obligations, or requirements 
        that may be provided or governed by Federal or Oregon State 
        law.''.

SEC. 5. OCHOCO IRRIGATION DISTRICT.

    (a) Early Repayment.--
            (1) In general.--Notwithstanding section 213 of the 
        Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner 
        within Ochoco Irrigation District, Oregon (referred to in this 
        section as the ``district''), may repay, at any time, the 
        construction costs of the project facilities allocated to the 
        land of the landowner within the district.
            (2) Exemption from limitations.--Upon discharge, in full, 
        of the obligation for repayment of the construction costs 
        allocated to all land of the landowner in the district, the 
        land shall not be subject to the ownership and full-cost 
        pricing limitations of Federal reclamation law (the Act of June 
        17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental 
        to and amendatory of that Act (43 U.S.C. 371 et seq.).
    (b) Certification.--Upon the request of a landowner who has repaid, 
in full, the construction costs of the project facilities allocated to 
the land of the landowner within the district, the Secretary of the 
Interior shall provide the certification described in section 213(b)(1) 
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 authority to the contrary, the 
Reclamation contracts of the district are modified, without further 
action by the Secretary of the Interior--
            (1) to 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) to 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) to classify as irrigable approximately 685 acres within 
        the approximately 2,742 acres of included land in the vicinity 
        of McKay Creek, with those approximately 685 acres authorized 
        to receive irrigation water pursuant to water rights issued by 
        the State of Oregon if the acres have in the past received 
        water pursuant to State water rights; and
            (4) to provide the district with stored water from 
        Prineville Reservoir for purposes of supplying up to the 
        approximately 685 acres of land added within the district 
        boundary and classified as irrigable under paragraphs (2) and 
        (3), with the stored water to be supplied on an acre-per-acre 
        basis contingent on the transfer of existing appurtenant McKay 
        Creek water rights to instream use and the issuance of water 
        rights by the State of Oregon for the use of stored water.
    (d) Limitation.--Except as otherwise provided in subsections (a) 
and (c), nothing in this section--
            (1) modifies contractual rights that may exist between the 
        district and the United States under the Reclamation contracts 
        of the district;
            (2) amends or reopens the contracts referred to in 
        paragraph (1); or
            (3) modifies any rights, obligations, or relationships that 
        may exist between the district and any owner of land within the 
        district, as may be provided or governed by Federal or Oregon 
        State law.

SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOLUNTARY RELEASES.

    (a) Participation in Dry-Year Management Planning Meetings.--The 
Bureau of Reclamation shall participate in dry-year management planning 
meetings with the State of Oregon, the Confederated Tribes of the Warm 
Springs Reservation of Oregon, irrigation districts, and other 
interested stakeholders, to plan for dry-year conditions.
    (b) Frequency of Meetings.--The Bureau of Reclamation, in 
coordination with the parties referred to in subsection (a), shall 
participate in dry-year management planning meetings each year, in 
early spring and late summer, and as needed at other times.
    (c) Dry-Year Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Bureau of Reclamation shall develop 
        a dry-year management plan in coordination with the parties 
        referred to in subsection (a).
            (2) Requirements.--The plan developed under paragraph (1) 
        shall only recommend strategies, measures, and actions that all 
        parties referred to in subsection (a) voluntarily agree to 
        implement.
            (3) Limitations.--Nothing in the plan developed under 
        paragraph (1) shall be mandatory or self-implementing.
    (d) Voluntary Release.--In any year, if North Unit Irrigation 
District or other eligible Bureau of Reclamation contract holders have 
not initiated contracting with the Bureau of Reclamation for any 
quantity of the 10,000 acre-feet of water described in paragraph (3) of 
section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by 
section 4), by June 1 of any calendar year, with the voluntary 
agreement of North Unit Irrigation District and other Bureau of 
Reclamation contract holders referred to in that paragraph, the 
Secretary may release that quantity of water for the benefit of 
downstream fish and wildlife as described in section 7 of that Act.

SEC. 7. RELATION TO EXISTING LAWS AND STATUTORY OBLIGATIONS.

    Nothing in this Act (or an amendment made by this Act)--
            (1) provides to the Secretary the authority to store and 
        release the ``first fill'' amounts provided for in section 6 of 
        the Act of August 6, 1956 (70 Stat. 1058) (as added by section 
        4) for any purposes other than the purposes provided for in 
        that section, except for--
                    (A) the potential instream use resulting from 
                conserved water projects and temporary instream leasing 
                as provided for in section 5(c)(1);
                    (B) the potential release of additional amounts 
                that may result from voluntary actions agreed to 
                through the dry-year Management developed under section 
                6(c); and
                    (C) the potential release of the 10,000 acre-feet 
                for downstream fish and wildlife as provided for in 
                section 6(d);
            (2) alters any responsibilities under Oregon State law or 
        Federal law, including section 7 of the Endangered Species Act 
        (16 U.S.C. 1536); or
            (3) alters the authorized purposes of the Crooked River 
        Project provided in the first section of the Act of August 6, 
        1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954).
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