[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.''.
                                 <all>