[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.