[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Reported in Senate (RS)]

                                                       Calendar No. 512
113th CONGRESS
  2d Session
                                S. 1771

                          [Report No. 113-225]

  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

                           November 21, 2013

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

                             July 31, 2014

              Reported by Ms. Landrieu, without amendment

_______________________________________________________________________

                                 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 of 2013''.

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 
                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 of 2013, 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 
        applicable Bureau of Reclamation policies, directives, and 
        standards. 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.

    ``(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) 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 of 2013.
            ``(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, 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(c).
    ``(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 Act of 2013, 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.--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.
            ``(2) Requirement.--The Secretary shall release the 
        remaining stored water quantities under paragraph (1) 
        consistent with subsection (c).
    ``(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 in subsection (a) and the water serving as 
        mitigation for City of Prineville groundwater pumping pursuant 
        to section 4.
            ``(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 fish and wildlife, after taking into consideration 
        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 the efforts of the Confederated Tribes of the Warm Springs 
Reservation of Oregon and 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) Carryover.--
            ``(1) In general.--Any water stored under subsection (a) in 
        1 water year that is not released during the water year--
                    ``(A) shall be carried over to the subsequent water 
                year; and
                    ``(B)(i) may be released for downstream fish and 
                wildlife resources, consistent with subsections (c) and 
                (d), until the reservoir reaches maximum capacity in 
                the subsequent water year; and
                    ``(ii) once the reservoir reaches maximum capacity 
                under clause (i), shall be credited to the `first fill' 
                storage quantities, but not to exceed the maximum 
                `first fill' storage quantities described in section 
                6(a).
    ``(f) 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. 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 Director 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. 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);
            (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).
                                                       Calendar No. 512

113th CONGRESS

  2d Session

                                S. 1771

                          [Report No. 113-225]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 31, 2014

                       Reported without amendment