[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1694 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1694
To amend Public Law 103-434 to authorize Phase III of the Yakima River
Basin Water Enhancement Project for the purposes of improving water
management in the Yakima River basin, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2015
Ms. Cantwell (for herself and Mrs. Murray) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend Public Law 103-434 to authorize Phase III of the Yakima River
Basin Water Enhancement Project for the purposes of improving water
management in the Yakima River basin, 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 ``Yakima River Basin Water Enhancement
Project Phase III Act of 2015''.
SEC. 2. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.
(a) Modification of Terms.--
(1) In general.--Title XII of Public Law 103-434 (108 Stat.
4550) is amended--
(A) by striking ``Yakama Indian'' each place it
appears and inserting ``Yakama''; and
(B) by striking ``Superintendent'' each place it
appears and inserting ``Manager''.
(2) Heading amendments.--Section 1204 of Public Law 103-434
(108 Stat. 4555) is amended--
(A) in the section heading by striking ``indian'';
and
(B) in subsection (g), in the subsection heading,
by striking ``Yakama Indian Nation'' and inserting
``Yakama Nation''.
(b) Modification of Purposes.--Section 1201 of Public Law 103-434
(108 Stat. 4550) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to protect, mitigate, and enhance fish and wildlife
and the recovery and maintenance of self-sustaining harvestable
populations of fish and other aquatic life, both anadromous and
resident species, throughout their historic distribution range
in the Yakima Basin through--
``(A) improved water management and the
constructions of fish passage at storage and diversion
dams, as authorized under the Hoover Power Plant Act of
1984 (43 U.S.C. 619 et seq.);
``(B) improved instream flows and water supplies;
``(C) improved water quality, watershed, and
ecosystem function;
``(D) protection, creation, and enhancement of
wetlands; and
``(E) other appropriate means of habitat
improvement;'';
(2) in paragraph (2), by inserting ``, municipal,
industrial, and domestic water supply and use purposes,
especially during drought years, including reducing the
frequency and severity of water supply shortages for pro-
ratable irrigation entities'' before the semicolon at the end;
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) to authorize the Secretary to make water available
for purchase or lease for meeting municipal, industrial, and
domestic water supply purposes;'';
(6) in paragraph (5), by striking ``and'' at the end;
(7) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(8) by adding at the end the following:
``(7) to improve the resilience of the ecosystems,
economies, and communities in the Basin as they faced drought,
climate variability, and climate change, for the benefit of
both the people and the fish and wildlife of the region; and
``(8) to authorize and implement the Yakima River Basin
Integrated Water Resources Management Plan as Phase III of the
Yakima River Basin Water Enhancement Project, in a balanced
approach to maximize benefits to the communities and
environment in the Basin.''.
(c) Modification of Definitions.--Section 1202 of Public Law 103-
434 (108 Stat. 4550) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
(11), (12), (13), and (14) as paragraphs (7), (10), (11), (12),
(13), (14), (15), (17), and (19), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Designated federal official.--The term `designated
Federal official' means the Commissioner of Reclamation (or a
designee), acting pursuant to the charter of the Conservation
Advisory Group.'';
(3) by inserting after paragraph (7) (as redesignated by
paragraph (1)) the following:
``(8) Management plan.--The term `Management Plan' means
the plan described in the document entitled `Final Programmatic
Environmental Impact Statement and Integrated Water Resource
Management Plan, Yakima River Basin, Water Enhancement Project,
Benton, Kittitas, Klickitat, and Yakima Counties, WA' (77 Fed.
Reg. 12076 (February 28, 2012)).
``(9) Municipal, industrial, and domestic water supply and
use.--The term `municipal, industrial, and domestic water
supply and use' means the supply and use of water for--
``(A) domestic consumption (whether urban or
rural);
``(B) maintenance and protection of public health
and safety;
``(C) manufacture, fabrication, processing,
assembly, or other production of a good or commodity;
``(D) production of energy;
``(E) fish hatcheries; or
``(F) any conservation activity relating to a use
described in any of subparagraphs (A) through (E).'';
(4) by inserting after paragraph (15) (as redesignated by
paragraph (1)) the following:
``(16) Work group.--The term `Work Group' means the work
group that--
``(A) is identified in section 90.38.010(2) of the
Revised Code of Washington as responsible for
development of the Management Plan;
``(B) includes representatives of--
``(i) the Yakama Nation;
``(ii) Federal and State governments;
``(iii) participating county and city
governments;
``(iv) environmental organizations; and
``(v) irrigation districts; and
``(C) is not subject to the Federal Advisory
Committee Act (5 U.S.C. App.).''; and
(5) by inserting after paragraph (17) (as redesignated by
paragraph (1)) the following:
``(18) Yakima enhancement project; yakima river basin water
enhancement project.--The terms `Yakima Enhancement Project'
and `Yakima River Basin Water Enhancement Project' mean the
Yakima River basin water enhancement project authorized by
Congress pursuant to this Act and other Acts (including Public
Law 96-162 (93 Stat. 1241), section 109 of Public Law 98-381
(16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62 (111
Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) to
promote water conservation, water supply, habitat, and stream
enhancement improvements in the Yakima River basin.''.
SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.
Section 1203 of Public Law 103-434 (108 Stat. 4551) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``title'' and
inserting ``section''; and
(B) in paragraph (2), by striking ``irrigation''
and inserting ``the number of irrigated acres'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in each of subparagraphs (A) through
(D), by striking the comma at the end and
inserting a semicolon;
(ii) in subparagraph (E), by striking the
comma at the end and inserting ``; and'';
(iii) in subparagraph (F), by striking
``Department of Wildlife of the State of
Washington, and'' and inserting ``Department of
Fish and Wildlife of the State of
Washington.''; and
(iv) by striking subparagraph (G);
(B) in paragraph (3)--
(i) in each of subparagraphs (A) through
(C), by striking the comma at the end and
inserting a semicolon;
(ii) in subparagraph (D), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) provide recommendations to advance the
purposes and programs of the Yakima Enhancement
Project.''; and
(C) by striking paragraph (4) and inserting the
following:
``(4) Designated federal official.--The designated Federal
official--
``(A) shall arrange and provide logistical support
for meetings of the Conservation Advisory Group;
``(B) may use a facilitator to serve as a moderator
for meetings of the Conservation Advisory Group or
provide additional logistical support; and
``(C) shall grant any request for a facilitator by
any member of the Conservation Advisory Group.'';
(3) in subsection (d), by adding at the end the following:
``(4) Payment of local share by state or federal
government.--The State or the Federal Government may fund not
more than the 17.5 percent local share of the costs of the
Basin Conservation Program in exchange for the long-term use of
conserved water.'';
(4) in subsection (e), by striking the first sentence and
inserting the following: ``To participate in the Basin
Conservation Program, as described in subsection (b), an entity
shall submit to the Secretary a proposed water conservation
plan.'';
(5) in subsection (i)(3)--
(A) by striking ``purchase or lease'' each place it
appears and inserting ``purchase, lease, or
management''; and
(B) in the third sentence, by striking ``made
immediately upon availability'' and all that follows
through ``Committee'' and inserting ``continued as
needed to provide water to be used by the Yakima
Project Manager as recommended by the System Operations
Advisory Committee and the Conservation Advisory
Group''; and
(6) in subsection (j)(4), in the first sentence, by
striking ``initial acquisition'' and all that follows through
``flushing flows'' and inserting ``acquisition of water from
willing sellers or lessors specifically to provide improved
instream flows for anadromous and resident fish and other
aquatic life, including pulse flows to facilitate outward
migration of anadromous fish''.
SEC. 4. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS.
(a) Yakima Nation Projects.--Section 1204(a)(2) of Public Law 103-
434 (108 Stat. 4556) is amended in the first sentence by striking ``not
more than $23,000,000'' and inserting ``not more than $49,000,000, at
September 2000 prices, plus or minus such amounts as may be justified
by reason of ordinary fluctuations of applicable cost indexes,''.
(b) Operation of Yakima Basin Projects.--Section 1205 of Public Law
103-434 (108 Stat. 4557) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting
``additional'' after
``secure'';
(bb) by striking
``flushing'' and inserting
``pulse''; and
(cc) by striking ``uses''
and inserting ``uses, in
addition to the quantity of
water provided under the treaty
between the Yakama Nation and
the United States'';
(II) by striking clause (ii);
(III) by redesignating clause (iii)
as clause (ii); and
(IV) in clause (ii) (as so
redesignated) by inserting ``and water
rights mandated'' after ``goals'';
(ii) in subparagraph (B)--
(I) in clause (i), in the first
sentence, by inserting ``in proportion
to the funding received'' after
``Program''; and
(II) by adding at the end the
following:
``(iii) Calculations and determinations.--
The Yakima Project Manager shall--
``(I) calculate the total amount of
water conserved and acquired;
``(II) determine the amount of
water available each year for the
purpose of delivering or storing
Project water for instream flows at
variable rates (shaping), considering
Yakima Project operational constraints;
and
``(III) in consultation with the
System Operations Advisory Committee,
determine how and when the available
water will be delivered or stored.
``(iv) Use of certain portion.--The Yakima
Project Manager, in consultation with the
Systems Operations Advisory Committee,
irrigation districts, and the Conservation
Advisory Group, may acquire, manage, and use
all or a portion of the irrigation district's
\1/3\ portion of the saved water resulting from
conservation measures taken under this title to
increase target flows or otherwise deliver
Yakima Project water for instream flows. The
right to use that water must be acquired by the
Bureau of Reclamation or the State of
Washington, in partnership with the Bureau of
Reclamation, from any willing irrigation
district seller through purchase, donation, or
lease. During drought years, when the Yakima
Project proration level is set at 70 percent or
less of full entitlement, the \1/3\ portion of
the saved water acquired under this title may
be used to supplement the irrigation districts'
and other entities' water supply under the
total water supply available only if the saved
water is in priority during that time, unless
provisions are made to the contrary as a
condition of purchase.''; and
(iii) by striking subparagraph (D); and
(B) by striking paragraph (6);
(2) in subsection (b) (as amended by section 2(a)(1)(B)),
in the second sentence, by striking ``instream flows for use by
the Yakima Project Manager as flushing flows or as otherwise''
and inserting ``fishery purposes, as''; and
(3) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) In general.--Additional purposes of the Yakima
Project shall be any of the following:
``(A) To recover and maintain self-sustaining
harvestable populations of native fish, both anadromous
and resident species, throughout their historic
distribution range in the Yakima Basin.
``(B) To protect, mitigate, and enhance aquatic
life and wildlife.
``(C) Recreation.
``(D) Municipal, industrial, and domestic use.''.
(c) Lake Cle Elum Authorization of Appropriations.--Section 1206(a)
of Public Law 103-434 (108 Stat. 4560) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``at September'' through ``to--'' and
inserting ``such sums as are necessary to--'';
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting the clauses appropriately; and
(C) by striking clause (iii) (as so redesignated)
and inserting the following:
``(iii) to conduct feasibility studies and
to design, construct, operate, and maintain
fish passage facilities, in addition to any
fish passage facilities authorized by section
109 of the Hoover Power Plant Act of 1984 (16
U.S.C. 839b note; Public Law 98-381), as
determined to be feasible and appropriate
within the Yakima River basin; plus'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(3) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``There is hereby'' and inserting
the following:
``(1) In general.--There is''; and
(4) by adding at the end the following:
``(2) Cost sharing.--
``(A) In general.--The Secretary may accept as part
of the non-Federal cost-share, and expend as if
appropriated, any contribution by the State of
Washington or others, including in-kind services, that
the Secretary determines will contribute toward the
conduct and completion of the work.
``(B) Federal share.--The Federal cost-share for
the project shall not exceed 50 percent of the total
cost of the projects described in paragraph (1).''.
(d) Enhancement of Water Supplies for Yakima Basin Tributaries.--
Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``supplies'' and inserting ``management'';
(B) in paragraph (1), by inserting ``and water
supply entities'' after ``owners''; and
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting
``that choose not to participate or opt out of
tributary enhancement projects pursuant to this
section'' after ``water right owners''; and
(ii) in subparagraph (B), by inserting
``nonparticipating'' before ``tributary water
users'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking the paragraph designation
and all that follows through ``(but not limited
to)--'' and inserting the following:
``(1) In general.--The Secretary, following consultation
with the State of Washington, the Yakama Nation, and on
agreement of appropriate water supply entities, is authorized
to conduct studies to evaluate measures to further Yakima
Project purposes on tributaries to the Yakima River.
Enhancement programs that use measures authorized by this
section may be investigated and implemented by the Secretary in
tributaries, including Taneum Creek, other areas, or tributary
basins that currently or could potentially be provided
supplemental or transfer water by entities, such as the
Kittitas Reclamation District or the Yakima-Tieton Irrigation
District. Measures to evaluate include--'';
(ii) by indenting subparagraphs (A) through
(F) appropriately;
(iii) in subparagraph (A), by inserting
before the semicolon at the end the following:
``, including irrigation efficiency
improvements (in coordination with programs of
the Department of Agriculture), consolidation
of diversions or administration, and diversion
scheduling or coordination'';
(iv) by redesignating subparagraphs (C)
through (F) as subparagraphs (E) through (H),
respectively;
(v) by inserting after subparagraph (B) the
following:
``(C) improvements in irrigation system management
or delivery facilities within the Yakima River basin
when those improvements allow for increased irrigation
system conveyance and corresponding reduction in
diversion from tributaries or flow enhancements to
tributaries through direct flow supplementation or
groundwater recharge;
``(D) improvements of irrigation system management
or delivery facilities to reduce or eliminate
excessively high flows caused by the use of natural
streams for conveyance or irrigation water or return
water;'';
(vi) in subparagraph (E) (as redesignated
by clause (iv)), by striking ``ground water''
and inserting ``groundwater recharge and'';
(vii) in subparagraph (G) (as redesignated
by clause (iv)), by inserting ``or transfer''
after ``purchase''; and
(viii) in subparagraph (H) (as redesignated
by clause (iv)), by inserting ``stream
processes and'' before ``stream habitats'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``the Taneum Creek study'' and
inserting ``studies under this subsection'';
(ii) in subparagraph (B)--
(I) by striking ``and economic''
and inserting ``, infrastructure,
economic, and land use''; and
(II) by striking ``and'' at the
end;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) any related studies already underway or
undertaken.''; and
(C) in paragraph (3), in the first sentence, by
inserting ``of each tributary or group of tributaries''
after ``study'';
(3) in subsection (c), in the matter preceding paragraph
(1), by inserting ``nonsurface storage and'' after
``implement'';
(4) by striking subsection (d);
(5) by redesignating subsection (e) as subsection (d); and
(6) in paragraph (2) of subsection (d) (as so
redesignated)--
(A) in the first sentence--
(i) by inserting ``and implementation''
after ``investigation'';
(ii) by striking ``other'' before ``Yakima
River''; and
(iii) by inserting ``and other water supply
entities'' after ``owners''; and
(B) by striking the second sentence.
(e) Chandler Pumping Plant and Powerplant Operations at Prosser
Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562;
114 Stat. 1425) is amended by inserting ``negatively'' before
``affected''.
(f) Interim Comprehensive Basin Operating Plan.--Section 1210(c) of
Public Law 103-434 (108 Stat. 4564) is amended by striking ``$100,000''
and inserting ``$200,000, at September 2014 prices,''.
(g) Environmental Compliance.--Section 1211 of Public Law 103-434
(108 Stat. 4564) is amended by inserting ``, at September 2014
prices,'' after ``$2,000,000''.
SEC. 5. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN WATER
ENHANCEMENT PROJECT.
Title XII of Public Law 103-434 (108 Stat. 4550) is amended by
adding at the end the following:
``SEC. 1213. PHASE III GRANTS AND COOPERATIVE AGREEMENTS.
``The Secretary may make grants or enter into cooperative
agreements with the Yakama Nation, the State of Washington, Yakima
River basin irrigation districts, water districts, conservation
districts, other local governmental entities, nonprofit organizations,
and land owners to carry out this title under such terms and conditions
as the Secretary may require, including the following purposes:
``(1) Land and water transfers, leases, and acquisitions
from willing participants, so long as the acquiring entity
shall hold title and be responsible for any and all required
operations, maintenance, and management of that land and water.
``(2) Operation and maintenance or management of Federal
land acquired under this title, in partnership with the
Secretary.
``(3) To combine or relocate diversion points, remove fish
barriers, or for other activities that increase flows or
improve habitat in the Yakima River and its tributaries in
furtherance of this title.
``(4) To implement, in partnership with Federal and non-
Federal entities, projects to enhance the health and resilience
of the watershed, subject to the condition that if such a grant
or cooperative agreement results in a direct benefit to a
project beneficiary, the Secretary may determine that the costs
are reimbursable.
``SEC. 1214. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN WATER
ENHANCEMENT PROJECT.
``(a) Management Plan Implementation.--
``(1) In general.--It is the intent of Congress that the
Management Plan shall be implemented in its entirety, in
accordance with applicable laws.
``(2) Initial development phase.--
``(A) In general.--During the Initial Development
Phase of the Management Plan, the Secretary, in
conjunction with the State of Washington and in
consultation with the Work Group, shall--
``(i) complete the planning, design, and
construction or development of upstream and
downstream fish passage facilities at a Yakima
Project reservoir, in addition to the Cle Elum
Reservoir project described in section 1206,
pursuant to the Hoover Power Plant Act of 1984
(43 U.S.C. 619 et seq.), to be identified by
the Work Group and consistent with the
Management Plan, as set forth in the applicable
feasibility study or report;
``(ii) negotiate long-term agreements with
participating proratable irrigation entities in
the Yakima Basin for the non-Federal financing,
construction, operation, and maintenance of--
``(I) new facilities needed to
access and deliver inactive storage in
Lake Kachess for the purpose of
providing drought relief for irrigation
(known as the `Kachess Drought Relief
Pumping Plant'), as set forth in the
applicable feasibility study or report;
and
``(II) a conveyance system to allow
transfer of water between Keechelus
Reservoir to Kachess Reservoir for
purposes of improving operational
flexibility for the benefit of both
fish and irrigation (known as the `K to
K Pipeline'), as set forth in the
applicable feasibility study or report;
and
``(iii) participate in, provide funding
for, and accept non-Federal financing for--
``(I) water conservation projects,
not subject to the provisions of the
Basin Conservation Program described in
section 1203, that are intended to
partially implement the Management Plan
by providing 85,000 acre-feet of
conserved water to improve tributary
and mainstem stream flow; and
``(II) aquifer storage and recovery
projects benefitting all beneficial
uses.
``(B) Commencement date.--The Initial Development
Phase under this paragraph shall commence on the date
of enactment of this section.
``(3) Intermediate and final phases.--
``(A) In general.--During the Intermediate and
Final Development Phases of the Management Plan, any
project that is determined by Secretary, in
consultation with the State of Washington and Work
Group, to be appropriate to meet the objectives of the
Management Plan shall be designed and constructed,
subject to authorization and appropriation.
``(B) Intermediate phase.--It is the intent of
Congress that the Intermediate Development Phase of the
Management Plan shall commence not later than 10 years
after the date of enactment of this section.
``(C) Final phase.--It is the intent of Congress
that the Final Development Phase of the Management Plan
shall commence not later than 20 years after the date
of enactment of this section.
``(D) Feasibility contingency.--The Intermediate
and Final Development Phases of the Management Plan
shall be contingent on feasibility, as determined by
the Secretary, in consultation with the Work Group, and
in compliance with applicable laws.
``(4) Progress report.--
``(A) In general.--Not later than 5 years after the
date of enactment of this section, the Secretary, in
conjunction with the State of Washington and in
consultation with the Work Group, shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a progress report that shall serve as a
supplement to the Management Plan.
``(B) Requirements.--The progress report under this
paragraph shall--
``(i) provide a review and reassessment, if
needed, of the objectives of the Management
Plan, as applied to all elements of the
Management Plan;
``(ii) assess, through performance metrics
measured throughout implementation of the
Management Plan, the degree to which the
Initial Phase addresses the objectives and all
elements of the Management Plan;
``(iii) identify additional projects and
activities proposed for inclusion in any future
phase of the Management Plan to address the
objectives of the Management Plan, as applied
to all elements of the Management Plan; and
``(iv) for water supply projects--
``(I) provide a preliminary
discussion of the means by which--
``(aa) water and costs
associated with each
recommended project would be
allocated among authorized
uses; and
``(bb) those allocations
would be consistent with the
objectives of the Management
Plan; and
``(II) establish a plan for
soliciting and formalizing
subscriptions among individuals and
entities for participation in any of
the recommended water supply projects
that will establish the terms for
participation, including fiscal
obligations associated with
subscription.
``(b) Operation and Maintenance of Kachess Drought Relief Pumping
Plant and K to K Pipeline.--
``(1) Use of lake kachess stored water.--The additional
stored water made available by the construction of facilities
to access and deliver inactive storage in Lake Kachess under
subsection (a)(2)(A)(ii)(I) shall--
``(A) be considered to be Yakima Project water;
``(B) not be part of the total water supply
available, as that term is defined in various court
rulings; and
``(C) be used exclusively by the Secretary--
``(i) to enhance the water supply in years
when the total water supply available is not
sufficient to provide 70 percent of proratable
entitlements in order to make that additional
water available up to 70 percent of proratable
entitlements to the Kittitas Reclamation
District, the Roza Irrigation District, or
other proratable irrigation entities
participating in the construction, operation,
and maintenance costs of the facilities under
this title under such terms and conditions to
which the districts may agree, subject to the
conditions that--
``(I) the Bureau of Indian Affairs,
the Wapato Irrigation Project, and the
Yakama Nation, on an election to
participate, may also obtain water from
Lake Kachess inactive storage to
enhance applicable existing irrigation
water supply in accordance with such
terms and conditions to which the
Bureau of Indian Affairs and the Yakama
Nation may agree; and
``(II) the additional supply made
available under this subparagraph shall
be available to participating
individuals and entities in proportion
to the proratable entitlements of the
participating individuals and entities;
and
``(ii) to facilitate reservoir operations
in the reach of the Yakima River between
Keechelus Dam and Easton Dam for the
propagation of anadromous fish.
``(2) Electrical power associated with kachess drought
relief pumping plant.--The Administrator of the Bonneville
Power Administration, pursuant to the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C. 839 et
seq.), shall provide to the Secretary project power to operate
the Kachess Pumping Plant constructed under this title whenever
inactive storage in Lake Kachess is needed to provide drought
relief for irrigation. The Administrator shall provide the
power at the then-applicable lowest Bonneville Power
Administration rate for public body, cooperative, and Federal
agency customers firm obligations, which as of the date of
enactment of this section is the priority firm Tier 1 rate, and
shall not include any irrigation discount. At all other times,
power needed to operate the Kachess Pumping Plant shall be
obtained by the Secretary from a local provider. The cost of
power for such pumping, station service power, and all costs of
transmitting power from the Federal Columbia River Power System
to the Yakima Enhancement Project pumping facilities shall be
borne by irrigation districts receiving the benefits of that
water. The Commissioner of Reclamation shall be responsible for
arranging transmission for deliveries of Federal power over the
Bonneville system through applicable tariff and business
practice processes of the Bonneville system and for arranging
transmission for deliveries of power obtained from a local
provider. The cost of the power shall be credited to fishery
restoration goals of the Columbia River fish and wildlife
program.
``(c) Design and Use of Groundwater Recharge Projects.--
``(1) In general.--Any water supply that results from an
aquifer storage and recovery project shall not be considered to
be a part of the total water supply available if--
``(A) the water for the aquifer storage and
recovery project would not be available for use, but
instead for the development of the project;
``(B) the aquifer storage and recovery project will
not otherwise impair any water supply available for any
individual or entity entitled to use the total water
supply available;
``(C) the development of the aquifer storage and
recovery project will not impair fish or other aquatic
life in any localized stream reach; and
``(D) the aquifer storage and recovery project is
approved by the Work Group.
``(2) Project types.--The Secretary may design, implement,
and otherwise participate in groundwater recharge projects of
any of the following 3 types:
``(A) Aquifer recharge projects designed to
redistribute Yakima Project water within a water year
for the purposes of supplementing stream flow during
the irrigation season, particularly during storage
control, subject to the condition that if such a
project is designed to supplement a mainstem reach, the
water supply that results from the project shall be
credited to instream flow targets, in lieu of using the
total water supply available to meet those targets.
``(B) Aquifer storage and recovery projects that
are designed, within a given water year or over
multiple water years--
``(i) to supplement or mitigate for
municipal uses;
``(ii) to supplement municipal supply in a
subsurface aquifer; or
``(iii) to mitigate the effect of
groundwater use on instream flow or senior
water rights.
``(C) Aquifer storage and recovery projects
designed to supplement existing irrigation water
supply, or to store water in subsurface aquifers, for
use by the Kittitas Reclamation District, the Roza
Irrigation District, or any other proratable irrigation
entity participating in the repayment of the
construction, operation, and maintenance costs of the
facilities under this section during years in which the
total water supply available is insufficient to provide
to those proratable irrigation entities all water to
which the entities are entitled, subject to the
conditions that--
``(i) the Bureau of Indian Affairs, the
Wapato Irrigation Project, and the Yakama
Nation, on an election to participate, may also
obtain water from aquifer storage to enhance
applicable existing irrigation water supply in
accordance with such terms and conditions to
which the Bureau of Indian Affairs and the
Yakama Nation may agree; and
``(ii) nothing in this subparagraph affects
any existing contract, law (including
regulations) relating to repayment costs, or
water rights.
``(d) Federal Cost-Share.--
``(1) In general.--The Federal cost-share of a project
carried out under this section shall be determined in
accordance with the applicable laws (including regulations) and
policies of the Bureau of Reclamation.
``(2) Initial phase.--The Federal cost-share for the
Initial Development Phase of the Management Plan under
subsection (a)(2), including the reimbursable share to be
repaid by non-Federal project contractors, shall not exceed 50
percent of the total cost of the initial development phase.
``(3) State and other contributions.--The Secretary may
accept as part of the non-Federal cost-share of a project
carried out under this section, and expend as if appropriated,
any contribution (including in-kind services) by the State of
Washington or any other individual or entity that the Secretary
determines will enhance the conduct and completion of the
project.
``(e) Savings and Contingencies.--Nothing in this section shall--
``(1) be a new or supplemental benefit for purposes of the
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
``(2) affect any contract in existence on the date of
enactment of the Yakima River Basin Water Enhancement Project
Phase III Act of 2015 that was executed pursuant to the
reclamation laws;
``(3) affect any contract or agreement between the Bureau
of Indian Affairs and the Bureau of Reclamation; or
``(4) affect, waive, abrogate, diminish, define, or
interpret the treaty between the Yakama Nation and the United
States.
``SEC. 1215. OPERATIONAL CONTROL OF WATER SUPPLIES.
``The Secretary shall retain authority and discretion over the
management of project supplies to obtain maximum operational use and
flexibility to meet all appropriated and adjudicated water rights. That
authority and discretion includes the ability of the United States to
store, deliver, conserve, and reuse water supplies deriving from
projects authorized under this title.''.
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