[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Engrossed in House (EH)]
113th CONGRESS
1st Session
H. R. 2640
_______________________________________________________________________
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.
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 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'' the first place it
appears and inserting ``17 cubic feet''.
(2) By striking ``during those months when there is no
other discharge therefrom, but this release may be reduced for
brief temporary periods by the Secretary whenever he may find
that release of the full ten cubic feet per second is harmful
to the primary purpose of the project''.
(3) By adding at the end the following: ``Without further
action by the Secretary, and as determined necessary for any
given year by the City of Prineville, up to 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, including
any shaping of the release of the up to seven cubic feet per
second to coincide with City of Prineville groundwater pumping
as may be required by the State of Oregon. As such, the
Secretary is authorized to make applications to the State of
Oregon in conjunction with the City to protect these supplies
instream. The City shall make payment to the Secretary for that
portion of the minimum release that actually serves as
mitigation pursuant to Oregon State law for the City in any
given year, with the payment for any given year equal to the
amount of mitigation in acre feet required to offset actual
City groundwater pumping for that year in accordance with
Reclamation `Water and Related Contract and Repayment
Principles and Requirements', Reclamation Manual Directives and
Standards PEC 05-01, dated 09/12/2006, and guided by `Economic
and Environmental Principles and Guidelines for Water and
Related Land Resources Implementation Studies', dated March 10,
1983. 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,
and up to 2,740 acre feet of water annually to supply the McKay
Creek lands as provided for in section 5 of this Act.
``(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) modifies 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 up to the approximately 685
acres of lands added within the district boundary and
classified as irrigable under paragraphs (2) and (3), with such
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 State's issuance of water
rights for the use of stored water.
(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.
Passed the House of Representatives October 29, 2013.
Attest:
Clerk.
113th CONGRESS
1st Session
H. R. 2640
_______________________________________________________________________
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.