[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Enrolled Bill (ENR)]
H.R.2640
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
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 ``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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.