[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 11, 2014.
Resolved, That the bill from the House of Representatives (H.R.
2640) entitled ``An Act 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.'', do pass with the
following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crooked River Collaborative Water
Security and Jobs Act of 2014''.
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 or lease of power
privilege application relating to non-Federal
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 ``sec. 4. In order'' and inserting the
following:
``SEC. 4. CITY OF PRINEVILLE WATER SUPPLY.
``(a) In General.--In order'';
(2) in subsection (a) (as so designated), by striking
``during those months'' and all that follows through ``purpose
of the project''; and
(3) by adding at the end the following:
``(b) Annual Release.--
``(1) In general.--Without further action by the Secretary
of the Interior, beginning on the date of enactment of the
Crooked River Collaborative Water Security and Jobs Act of
2014, 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.
``(2) Payments.--The City of Prineville shall make payments
to the Secretary of the Interior for the water released under
paragraph (1), in accordance with applicable Bureau of
Reclamation policies, directives, and standards.
``(c) Additional Quantities.--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 of the Interior 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 of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat.
954), is amended by adding at the end the following:
``SEC. 6. FIRST FILL STORAGE AND RELEASE.
``(a) In General.--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 when called for in any year
release from Prineville Reservoir, whether from carryover, infill, or a
combination of both, the following:
``(1) Not more than 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 and Jobs Act of
2014.
``(3) Not more than 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) Not more than 5,100 acre-feet of water annually to
mitigate the City of Prineville groundwater pumping under
section 4, with the release of this water to occur not based on
an annual call, but instead pursuant to section 4 and the
release schedule developed pursuant to section 7(b).
``(b) Carryover.--Except for water that may be called for and
released after the end of the irrigation season (either as City of
Prineville groundwater pumping mitigation or as a voluntary release, in
accordance with section 4 of this Act and section 6(c) of the Crooked
River Collaborative Water Security and Jobs Act of 2014, respectively),
any water stored under this section that is not called for and released
by the end of the irrigation season in a given year shall be--
``(1) carried over to the subsequent water year, which, for
accounting purposes, shall be considered to be the 1-year
period beginning October 1 and ending September 30, consistent
with Oregon State law; and
``(2) accounted for as part of the `first fill' storage
quantities of the subsequent water year, but not to exceed the
maximum `first fill' storage quantities described in subsection
(a).
``SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER QUANTITIES.
``(a) Authorization.--
``(1) In general.--The Secretary shall store in and release
from Prineville Reservoir sufficient quantities of remaining
stored quantities to be released pursuant to the annual release
schedule under subsection (b) and to provide instream flows
consistent, to the maximum extent practicable, with the
recommendations for in-channel strategies in the plan prepared
by the Northwest Power and Conservation Council entitled
`Deschutes Subbasin Plan' and dated March 24, 2005, for flow
between Bowman Dam and Lake Billy Chinook.
``(2) Requirements.--In calculating the quantity of
released water under paragraph (1), the Secretary shall--
``(A) comply with the flood curve requirements of
the Corps of Engineers; and
``(B) credit toward the requirements of paragraph
(1) the instream flow benefits provided by--
``(i) the quantities released under section
4;
``(ii) the `first fill' quantities released
under section 6; and
``(iii) any quantities released to comply
with the flood curve requirements of the Corps
of Engineers.
``(3) Use of uncontracted water.--If a consultation
conducted 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 water under paragraph (1).
``(4) State water law.--All releases and downstream uses
authorized under paragraph (1) shall be in accordance with
Oregon State water law.
``(b) Annual Release Schedule.--The Commissioner of Reclamation, in
consultation with the Assistant Administrator of Fisheries of the
National Marine Fisheries Service and the Director of the United States
Fish and Wildlife Service, shall develop annual release schedules for
the remaining stored water quantities (including the quantities
described in subsection (a) and the water serving as mitigation for
City of Prineville groundwater pumping pursuant to section 4) that
maximizes, to the maximum extent practicable, benefits to downstream
fish and wildlife.
``(c) Carryover.--Any water stored under subsection (a) in 1 water
year that is not released during the water year--
``(1) shall be carried over to the subsequent water year;
and
``(2)(A) may be released for downstream fish and wildlife
resources, consistent with subsection (b), until the reservoir
reaches maximum capacity in the subsequent water year; and
``(B) once the reservoir reaches maximum capacity under
subparagraph (A), shall be credited to the `first fill' storage
quantities, but not to exceed the maximum `first fill' storage
quantities described in section 6(a).
``(d) Effect.--Nothing in this section affects the authority of the
Commissioner of Reclamation to perform all other traditional and
routine activities associated with the Crooked River Project.
``SEC. 8. RESERVOIR LEVELS.
``The Commissioner of Reclamation shall--
``(1) project reservoir water levels over the course of the
year; and
``(2) make the projections under paragraph (1) available
to--
``(A) the public (including fisheries groups,
recreation interests, and municipal and irrigation
stakeholders);
``(B) the Assistant Administrator of Fisheries of
the National Marine Fisheries Service; and
``(C) the Director of the United States Fish and
Wildlife Service.
``SEC. 9. 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, municipal, agricultural, conservation,
recreation, and other interested stakeholders to plan for dry-year
conditions.
(b) 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
participants referred to in subsection (a).
(2) Requirements.--The plan developed under paragraph (1)
shall only recommend strategies, measures, and actions that the
irrigation districts and other Bureau of Reclamation contract
holders voluntarily agree to implement.
(3) Limitations.--Nothing in the plan developed under
paragraph (1) shall be mandatory or self-implementing.
(c) 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 subsection
(a)(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. HYDROPOWER DECISION.
Not later than 3 years after the date of enactment of this Act, the
Commissioner of Reclamation shall determine the applicability of the
jurisdiction of the Commissioner of Reclamation to non-Federal
hydropower development pursuant to--
(1) the Memorandum of Understanding between the Federal
Energy Regulatory Commission and the Bureau of Reclamation,
Department of the Interior, entitled ``Establishment of
Processes for the Early Resolution of Issues Related to the
Timely Development of Non-Federal Hydroelectric power at the
Bureau of Reclamation Facilities'' and signed November 6, 1992
(58 Fed. Reg. 3269); or
(2) any memorandum of understanding that is subsequent or
related to the memorandum of understanding described in
paragraph (1).
SEC. 8. 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'' quantities 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 plan developed under
section 6(b); and
(C) the potential release of the 10,000 acre feet
for downstream fish and wildlife as provided for in
section 6(c); or
(2) alters any responsibilities under Oregon State law or
Federal law, including section 7 of the Endangered Species Act
(16 U.S.C. 1536).
Attest:
Secretary.
113th CONGRESS
2d Session
H.R. 2640
_______________________________________________________________________
AMENDMENT