[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                     YAKIMA RIVER CONSERVATION ACT

  Mr. MILLER of California. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 5148) to authorize certain elements of the 
Yakima River basin water enhancement project, and for other purposes.
  The Clerk read as follows:

                               H.R. 5148

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PURPOSES.

       The purposes of this Act are--
       (1) to protect, mitigate, and enhance fish and wildlife 
     through improved water management; improved instream flows; 
     improved water quality; protection, creation and enhancement 
     of wetlands; and by other appropriate means of habitat 
     improvement;
       (2) to improve the reliability of water supply for 
     irrigation;
       (3) to authorize a Yakima River basin water conservation 
     program that will improve the efficiency of water delivery 
     and use; enhance basin water supplies; improve water quality; 
     protect, create and enhance wetlands; and determine the 
     amount of basin water needs that can be met by water 
     conservation measures;
       (4) to realize sufficient water savings from the Yakima 
     River Basin Water Conservation Program so that not less than 
     40,000 acre-feet of water savings per year are achieved by 
     the end of the fourth year of the Basin Conservation Program, 
     and not less than 110,000 acre-feet of water savings per year 
     are achieved by the end of the eighth year of the program, to 
     protect and enhance fish and wildlife resources; and not less 
     than 55,000 acre feet of water savings per year are achieved 
     by the end of the eighth year of the program for availability 
     for irrigation;
       (5) to encourage voluntary transactions among public and 
     private entities which result in the implementation of water 
     conservation measures, practices, and facilities; and
       (6) to provide for the implementation by the Yakama Indian 
     Nation at its sole discretion of (A) an irrigation 
     demonstration project on the Yakama Indian Reservation using 
     water savings from system improvements to the Wapato 
     Irrigation Project, and (B) a Toppenish Creek corridor 
     enhancement project integrating agricultural, fish, wildlife, 
     and cultural resources.

     SEC. 2. DEFINITIONS.

       As used in this Act:
       (1) The term ``Basin Conservation Plan'' means a plan for 
     implementing water conservation measures found in the various 
     water conservation plans developed under the Basin 
     Conservation Program.
       (2) The term ``Basin Conservation Program'' means the 
     Yakima River Basin Water Conservation Program established 
     under section 3(a).
       (3) The term ``comprehensive basin operating plan'' means a 
     plan that will provide guidance to the Yakima Project 
     Superintendent for operation of the existing Yakima Project 
     as modified by actions taken pursuant to this Act.
       (4) The term ``Conservation Advisory Group'' means the 
     Yakima River Basin Conservation Advisory Group established 
     under section 3(c).
       (5) The term ``conserved water'' means water saved and 
     attributable to the program established under the Basin 
     Conservation Program.
       (6) The term ``Irrigation Demonstration Project'' means the 
     Yakama Indian Reservation Irrigation Demonstration Project 
     authorized in section 4(b).
       (7) The term ``nonproratable water'' means that portion of 
     the total water supply available under provisions of sections 
     18 and 19 of Civil Action No. 21 (Federal District Court 
     Judgment of January 31, 1945) that is not subject to 
     proration in times of water shortage.
       (8) The term ``on-district storage'' means small water 
     storage facilities located within the boundaries of an 
     irrigation entity, including reregulating reservoirs, holding 
     ponds, or other new storage methods which allow for efficient 
     water use.
       (9) The term ``proratable water'' means that portion of the 
     total water supply available under provisions of sections 18 
     and 19 of Civil Action No. 21 (Federal District Court 
     Judgment of January 31, 1945) that is subject to proration in 
     times of water shortage.
       (10) The term ``Secretary'' means the Secretary of the 
     Interior.
       (11) The term ``System Operations Advisory Committee'' 
     means a group of fishery biologists--
       (A) created by the Yakima Project Superintendent in 
     response to the supplemental instructions entitled 
     ``Supplementary Instructions to the Water Master'', and dated 
     November 28, 1980, in the case of Kittitass Reclamation 
     District, et al. vs. the Sunnyside Valley Irrigation 
     District, et al. (E.D. Wash., Civil No. 21.);
       (B) who advise the Yakima Project Superintendent on 
     operations of the Yakima Project for fish and wildlife 
     purposes; and
       (C) who, together with others, were identified for 
     consultation on November 29, 1990, in the amended partial 
     summary judgment entered in the basin adjudication (Yakima 
     County Superior Court No. 77-2-01484-5).
       (12) The term ``Toppenish Enhancement Project'' means the 
     Toppenish Creek corridor enhancement project authorized by 
     section 4(c).
       (13) The term ``Yakama Indian Nation'' means the 
     Confederated Tribes and Bands of the Yakama Indian Nation as 
     redesignated under section 4(g).
       (14) The term ``Yakima Project Superintendent'' means the 
     individual designated by the Regional Director, Pacific 
     Northwest Region, Bureau of Reclamation, to be responsible 
     for the operation and management of the Yakima Federal 
     Reclamation Project, Washington.

     SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

       (a) Establishment.--(1) The Secretary, in consultation with 
     the State of Washington, the Yakama Indian Nation, Yakima 
     River basin irrigators, and other interested parties, shall 
     establish and administer a Yakima River Basin Water 
     Conservation Program for the purpose of evaluating and 
     implementing measures to improve the availability of water 
     supplies for irrigation and the protection and enhancement of 
     fish and wildlife resources, including wetlands, while 
     improving the quality of water in the Yakima Basin. The 
     Secretary may make grants to eligible entities for the 
     purposes of carrying out this Act under such terms and 
     conditions as the Secretary may require. Such terms and 
     conditions shall include a requirement that all water 
     districts, irrigation districts, individuals, or other 
     entities eligible to participate in the Basin Conservation 
     Program must equip all surface water delivery systems within 
     their boundaries with volumetric water meters or equally 
     effective water measuring methods within 5 years of the date 
     of enactment of this Act.
       (2) Conserved water resulting in whole or in part from the 
     expenditure of Federal funds shall not be used to expand 
     irrigation in the Yakima Basin, except as specifically 
     provided in section 4(a)(3) on the Yakama Indian Reservation.
       (3) The provisions of this section shall not apply to the 
     Yakama Indian Nation except as to any funds specifically 
     applied for from the Basin Conservation Program.
       (b) Four Phases of Program.--The Basin Conservation Program 
     shall encourage and provide funding assistance for four 
     phases of water conservation, which shall consist of the 
     following:
       (1) The development of water conservation plans, consistent 
     with applicable water conservation guidelines of the 
     Secretary, by irrigation districts, conservation districts, 
     water purveyors, other areawide entities, and individuals not 
     included within an areawide entity.
       (2) The investigation of the feasibility of specific 
     potential water conservation measures identified in 
     conservation plans.
       (3) The implementation of measures that have been 
     identified in conservation plans and have been determined to 
     be feasible.
       (4) Post implementation monitoring and evaluation of 
     implemented measures.
       (c) Conservation Advisory Group.--(1) Not later than 12 
     months after the date of enactment of this Act, the 
     Secretary, in consultation with the State of Washington, the 
     Yakama Indian Nation, Yakima River basin irrigators, and 
     other interested and related parties, shall establish the 
     Yakima River Basin Conservation Advisory Group.
       (2) Members of the Conservation Advisory Group shall be 
     appointed by the Secretary and shall be comprised of--
       (A) one representative of the Yakima River basin 
     nonproratable irrigators,
       (B) one representative of the Yakima River basin proratable 
     irrigators,
       (C) one representative of the Yakama Indian Nation,
       (D) one representative of environmental interests,
       (E) one representative of the Washington State University 
     Agricultural Extension Service,
       (F) one representative of the Department of Wildlife of the 
     State of Washington, and
       (G) one individual who shall serve as the facilitator.
       (3) The Conservation Advisory Group shall--
       (A) provide recommendations to the Secretary and to the 
     State of Washington regarding the structure and 
     implementation of the Basin Conservation Program,
       (B) provide recommendations to the Secretary and to the 
     State of Washington regarding the establishment of a 
     permanent program for the measurement and reporting of all 
     natural flow and contract diversions within the basin.
       (C) structure a process to prepare a basin conservation 
     plan as specified in subsection (f),
       (D) provide annual review of the implementation of the 
     applicable water conservation guidelines of the Secretary, 
     and
       (E) provide recommendations consistent with statutes of the 
     State of Washington on rules, regulations, and administration 
     of a process to facilitate the voluntary sale or lease of 
     water.
       (4) The facilitator shall arrange for meetings of the 
     Conservation Advisory Group, provide logistical support, and 
     serve as moderator for the meetings.
       (5) The Conservation Advisory Group shall consult an 
     irrigation district when considering actions specifically 
     affecting that district. For the purposes of this paragraph, 
     an irrigation district includes the Yakima Reservation 
     Irrigation District.
       (6) The Conservation Advisory Group shall be nonvoting, 
     seeking consensus whenever possible. If disagreement occurs, 
     any member may submit independent comments to the Secretary. 
     The Conservation Advisory Group shall terminate 5 years after 
     the date of its establishment unless extended by the 
     Secretary.
       (d) Cost Sharing.--(1) Except as otherwise provided by this 
     Act, costs incurred in the four phases of the Basin 
     Conservation Program shall be shared as follows:

       

------------------------------------------------------------------------
                                  Non-Federal                           
    Program Phase     ----------------------------------  Federal Grant 
                         State Grant         Local                      
------------------------------------------------------------------------
1. Development of      50% but not      (Residual              50%      
 water conservation     more than        amount if any)                 
 plans                  $200,000 per                                    
                        recipient                                       
2. Investigation of    50% but sum of   20% after        Residual amount
 specific water         1 and 2 not      deducting        after         
 conservation           greater than     State funds      deducting     
 measures               $200,000 per     for Item 2       State and     
                        recipient                         local funds   
                                                          for Item 2    
3 and 4.                    17.5%            17.5%            65.0%     
 Implementation and                                                     
 post implementation                                                    
 monitoring and                                                         
 evaluation                                                             
------------------------------------------------------------------------

       (2) The Yakima River Basin Water Enhancement Project is a 
     Federal action to improve streamflow and fish passage 
     conditions and shall be considered part of a comprehensive 
     program to restore the Yakima River basin anadromous fishery 
     resource. Related fishery resource improvement facilities 
     which utilize funding sources under the Pacific Northwest 
     Electric Power Planning and Conservation Act of 1989 (94 
     Stat. 2697) and independent water-related improvements of the 
     State of Washington and other public and private entities to 
     improve irrigation water use, water supply, and water 
     quality, shall be treated as non-Federal cost share 
     expenditures and shall be consolidated in any final 
     calculation of required cost sharing. Within one year of the 
     date of enactment of this Act, the Secretary shall enter into 
     a binding cost sharing agreement with the State of 
     Washington. The agreement shall describe the terms and 
     conditions of specific contributions and other activities 
     that may, subject to approval by the Secretary, qualify as 
     non-Federal cost share expenditures.
       (3) Costs of the Basin Conservation Program related to 
     projects on the Yakama Indian Reservation are a Federal 
     responsibility and shall be nonreimbursable and not subject 
     to the cost-sharing provisions of this subsection.
       (e) Entity Water Conservation Plans.--To participate in the 
     Conservation Basin Program an entity must submit a proposed 
     water conservation plan to the Secretary. The Secretary shall 
     approve a water conservation plan submitted under this 
     subsection if the Secretary determines that the plan meets 
     the applicable water conservation guidelines of the 
     Secretary.
       (f) Basin Conservation Plan.--The Conservation Advisory 
     Group shall, within 2\1/2\ years after the date of enactment 
     of this Act, submit a draft basin conservation plan to the 
     Secretary.
       (g) Public Comment.--The Secretary shall distribute the 
     draft basin conservation plan and the entity water 
     conservation plans submitted under subsections (e) and (f), 
     respectively, for public comment for a 60-day period.
       (h) Publication of Basin Conservation Plan.--Within 60 days 
     after the close of the comment period under subsection (g), 
     the Secretary shall publish the Basin Conservation Plan which 
     plan will provide the basis--
       (1) for prioritizing and allocating funds to implement 
     conservation measures under this Act; and
       (2) for preparing an interim comprehensive basin operating 
     plan under section 10 of this Act as provided for in Public 
     Law 96-162 (93 Stat. 1241).
       (i) Conservation Measures.--(1) Measures considered for 
     implementation in the Basin Conservation Program may include, 
     among others, conveyance and distribution system monitoring, 
     automation of water conveyance systems, water measuring or 
     metering devices and equipment, lining and piping of water 
     conveyance and distribution systems, on-district storage, 
     electrification of hydraulic turbines, tail-water recycling, 
     consolidation of irrigation systems, irrigation scheduling, 
     and improvement of on-farm water application systems. Basin 
     Conservation Program funds may also be used throughout all 
     four phases of the Basin Conservation Program to mitigate for 
     adverse impacts of program measures.
       (2) In addition to implementing existing technologies, the 
     Secretary shall encourage the testing of innovative water 
     conservation measures. The Secretary shall, to the maximum 
     extent possible under applicable Federal, State, and tribal 
     law, cooperate with the State of Washington to facilitate 
     water and water right transfers, water banking, dry year 
     options, the sale and leasing of water, and other innovative 
     allocation tools used to maximize the utility of existing 
     Yakima River basin water supplies.
       (3) The Secretary may, consistent with applicable law, use 
     funds appropriated to carry out this section for the purchase 
     or lease of land, water, or water rights from any entity or 
     individual willing to limit or forego water use on a 
     temporary or permanent basis. Funds used for purchase or 
     lease under this paragraph are not subject to the cost 
     sharing provisions of subsection (d). Efforts to acquire 
     water should be made immediately upon availability of funds 
     to meet the three-year goal specified in section 5(a)(4) to 
     provide water to be used by the Yakima Project Superintendent 
     under the advisement of the System Operations Advisory 
     Committee for instream flow purposes. The use of Basin 
     Conservation Program funds under this paragraph are in 
     addition to those specifically authorized to be appropriated 
     by subsection (j)(4).
       (4) On-farm water management improvements shall be 
     coordinated with programs administered by the Secretary of 
     Agriculture and State conservation districts.
       (j) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Secretary, at September 
     1990 prices, plus or minus such amounts as may be justified 
     by reason of ordinary fluctuations of applicable cost 
     indexes, the following amounts for the Basin Conservation 
     Program:
       (1) $1,000,000 for the development of water conservation 
     plans.
       (2) $4,000,000 for investigation of specific potential 
     water conservation measures identified in conservation plans 
     for consideration for implementing through the Basin 
     Conservation Program.
       (3) Up to $67,500,000 for design, implementation, post-
     implementation monitoring and evaluation of measures, and 
     addressing environmental impacts.
       (4) Up to $10,000,000 for the initial acquisition of water 
     from willing sellers or lessors specifically to provide 
     instream flows for interim periods to facilitate the outward 
     migration of anadromous fish flushing flows. Such funds shall 
     not be subject to the cost sharing provisions of subsection 
     (d).
       (5) $100,000 annually for the establishment and support of 
     the Conservation Advisory Group during its duration. Such 
     funds shall be available for travel and per diem, rental of 
     meeting rooms, typing, printing and mailing, and associated 
     administrative needs. The Secretary and the State of 
     Washington shall provide appropriate staff support to the 
     Conservation Advisory Group.

     SEC. 4. YAKAMA INDIAN NATION.

       (a) Wapato Irrigation Project Improvements and 
     Appropriations.--(1) The Yakama Indian Nation's proposed 
     system improvements to the Wapato Irrigation Project, as well 
     as the design, construction, operation, and maintenance of 
     the Irrigation Demonstration Project and the Toppenish Creek 
     corridor enhancement project, pursuant to this Act shall be 
     coordinated with the Bureau of Indian Affairs.
       (2) There is authorized to be appropriated to the Secretary 
     not more than $23,000,000 for the preparation of plans, 
     investigation of measures, and following the Secretary's 
     certification that such measures are consistent with the 
     water conservation objectives of this Act, the implementation 
     of system improvements to the Wapato Irrigation Project. 
     Funding for further improvements within the Wapato Irrigation 
     Project may be acquired under the Basin Conservation Program 
     or other sources identified by the Yakama Indian Nation.
       (3) Water savings resulting from irrigation system 
     improvements shall be available for the use of the Yakama 
     Indian Nation for irrigation and other purposes on the 
     reservation and for protection and enhancement of fish and 
     wildlife within the Yakima River basin. The conveyance of 
     such water through irrigation facilities other than the 
     Wapato Irrigation Project shall be on a voluntary basis and 
     shall not further diminish the amount of water that otherwise 
     would have been delivered by an entity to its water users in 
     years of water proration.
       (b) Irrigation Demonstration Project Appropriations.--
     (1)(A) There is hereby authorized to be appropriated to the 
     Secretary--
       (i) at September 1990 prices, plus or minus such amounts as 
     may be justified by reason of ordinary fluctuations of 
     applicable cost indexes, $8,500,000 for the design and 
     construction of the Yakama Indian Reservation Irrigation 
     Demonstration Project; and
       (ii) such sums as may be necessary for the operation and 
     maintenance of the Irrigation Demonstration Project, 
     including funds for administration, training, equipment, 
     materials, and supplies for the period specified by the 
     Secretary, which sums are in addition to operation and 
     maintenance funds for wildlife and cultural purposes 
     appropriated to the Secretary under other authorization.
       (B) Funds may not be made available under this subsection 
     until the Yakama Indian Nation obtains the concurrence of the 
     Secretary in the construction, management, and administrative 
     aspects of the Irrigation Demonstration Project.
       (C) After the end of the period specified under 
     subparagraph (A)(ii), costs for the operation and maintenance 
     of the Irrigation Demonstration Project, including funds for 
     administration, training, equipment, materials, and supplies 
     referred to in that subparagraph, shall be borne exclusively 
     by the lands directly benefitting from the Irrigation 
     Demonstration Project.
       (2) The Irrigation Demonstration Project shall provide for 
     the construction of distribution and on-farm irrigation 
     facilities to use all or a portion of the water savings, as 
     determined by the Yakama Indian Nation, resulting from the 
     Wapato Irrigation Project system improvements for--
       (A) demonstrating cost-effective state of the art 
     irrigation water management and conservation,
       (B) the training of tribal members in irrigation methods, 
     operation, and management, and
       (C) upgrading existing hydroelectric facilities and 
     construction of additional hydroelectric facilities on the 
     reservation to meet irrigation pumping power needs.
       (c) Toppenish Creek Corridor Enhancement Project 
     Appropriations.--There is hereby authorized to be 
     appropriated to the Secretary $1,500,000 for the further 
     investigation by the Yakama Indian Nation of measures to 
     develop a Toppenish Creek corridor enhancement project to 
     demonstrate integration of management of agricultural, fish, 
     wildlife, and cultural resources to meet tribal objectives 
     and such amount as the Secretary subsequently determines is 
     necessary for implementation. There is also authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for the operation and maintenance of the Toppenish 
     Enhancement Project.
       (d) Report.--Within 5 years of the implementation of the 
     Irrigation Demonstration Project and the Toppenish 
     Enhancement Project, the Secretary, in consultation with the 
     Yakama Indian Nation, shall report to the Committee on Energy 
     and Natural Resources of the Senate, the Committee on Natural 
     Resources of the House of Representatives, and the Governor 
     of the State of Washington on the effectiveness of the 
     conservation, training, mitigation, and other measures 
     implemented.
       (e) Status of Improvements and Facilities.--The Wapato 
     Irrigation Project system improvements and any specific 
     irrigation facility of the Irrigation Demonstration Project 
     (excluding on-farm irrigation facilities) and the Toppenish 
     Enhancement Project shall become features of the Wapato 
     Irrigation Project.
       (f) Treatment of Certain Costs.--Costs related to Wapato 
     Irrigation Project improvements, the Irrigation Demonstration 
     Project, and the Toppenish Enhancement Project shall be a 
     Federal responsibility and are nonreimbursable and 
     nonreturnable.
       (g) Redesignation of Yakima Indian Nation to Yakama Indian 
     Nation.--
       (1) Redesignation.--The Confederated Tribes and Bands of 
     the Yakima Indian Nation shall be known and designated as the 
     ``Confederated Tribes and Bands of the Yakama Indian 
     Nation''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Confederated Tribes and Bands of the Yakima Indian Nation 
     referred to in subsection (a) shall be deemed to be a 
     reference to the ``Confederated Tribes and Bands of the 
     Yakama Indian Nation''.

     SEC. 5. OPERATION OF YAKIMA BASIN PROJECTS.

       (a) Water Savings From Basin Conservation Program.--(1) The 
     Basin Conservation Program is intended to result in 
     reductions in water diversions allowing for changes in the 
     present operation of the Yakima Project to improve stream 
     flow conditions in the Yakima River basin. Except as provided 
     by paragraph (5) of this subsection and section 9, commencing 
     with the enactment of this Act, and notwithstanding that 
     anticipated water savings are yet to be realized, the 
     Secretary, upon the enactment of this Act and acting through 
     the Yakima Project Superintendent, shall (A) continue to 
     estimate the water supply which is anticipated to be 
     available to meet water entitlements; and (B) provide 
     instream flows in accordance with the following criteria:
       

------------------------------------------------------------------------
        Water Supply Estimate for Period (million     Target Flow from  
                       acre feet):                    Date of Estimate  
     ----------------------------------------------     thru October    
                                                    Downstream of (cubic
                                                      feet per second): 
      April thru   May thru   June thru  July thru ---------------------
       September   September  September  September  Sunnyside   Prosser 
                                                    Diversion  Diversion
                                                       Dam        Dam   
------------------------------------------------------------------------
        (1) 3.2       2.9        2.4        1.9        600        600   
        (2) 2.9      2.65        2.2        1.7        500        500   
       (3) 2.65       2.4        2.0        1.5        400        400   
                                                                        
           Less than line 3 water supply               300        300   
------------------------------------------------------------------------

       (2) The initial target flows represent target flows at the 
     respective points. Reasonable fluctuations from these target 
     flows are anticipated in the operation of the Yakima Project, 
     except that for any period exceeding 24 hours--
       (A) actual flows at the Sunnyside Diversion Dam may not 
     decrease to less than 65 percent of the target flow at the 
     Sunnyside Diversion Dam; and
       (B) actual flows at the Prosser Diversion Dam may not 
     decrease by more than 50 cubic feet per second from the 
     target flow.
       (3) The instream flows shall be increased for interim 
     periods during any month of April through October to 
     facilitate when necessary the outward migration of anadromous 
     fish. Increased instream flows for such interim periods shall 
     be obtained through voluntary sale and leasing of water or 
     water rights or from conservation measures taken under this 
     Act.
       (4)(A)(i) Within the three-year period beginning when 
     appropriations are first provided to carry out the Basin 
     Conservation Program, the instream flow goal in the Yakima 
     River is as follows: to secure water which is to be used for 
     instream flows to facilitate meeting recommendations of the 
     System Operations Advisory Committee for flushing flows or 
     other instream uses.
       (ii) In addition to any other authority of the Secretary to 
     provide water for flushing flows, the water required to meet 
     the goal specified in clause (i) shall be acquired through 
     the voluntary purchase or lease of land, water, or water 
     rights and from the development of additional storage 
     capability at Lake Cle Elum provided for in section 6(a).
       (iii) In addition to water required to meet the instream 
     flow goal specified in clause (i), the System Operations 
     Advisory Committee may recommend additional water to meet 
     instream flow goals pursuant to judicial actions.
       (B) After the period referred to in subparagraph (A), such 
     instream flow goal is modified as follows:
       (i) The goal increases so that the instream target flows 
     specified in the table in paragraph (1) increase by 50 cubic 
     feet per second for each 27,000 acre-feet of reduced annual 
     water diversions achieved through implementation of measures 
     under the Basin Conservation Program. Such increases do not 
     apply to actions taken pursuant to section 4. Such increases 
     shall not further diminish the amount of water that otherwise 
     would have been delivered by an entity to its water users in 
     years of water proration.
       (ii) The goal changes directly with the availability of 
     water resulting from Federal expenditures under this Act for 
     purchase or lease of water under this Act.
       (C) The Yakima Project Superintendent shall maintain an 
     account of funded and completed conservation measures taken 
     under the Basin Conservation Program.
       (D) No later than March 31 of each calendar year, the 
     Yakima Project Superintendent shall meet with the State of 
     Washington, Yakama Indian Nation, and Yakima River basin 
     irrigators to mutually determine total diversion reductions 
     and respective adjustments to the target flows referred to in 
     this subsection. The Yakima Project Superintendent shall 
     announce such adjustments with the announcements of Total 
     Water Supply Available. For the purposes of this 
     subparagraph, conserved water will be considered available 
     for adjusting target flows in the first year following 
     completion of a measure or following a result from the post 
     implementation monitoring and evaluation program, as the case 
     may be.
       (5) Operational procedures and processes in the Yakima 
     River basin which have or may be implemented through judicial 
     actions shall not be impacted by this Act.
       (6)(A) Within three years after the date of enactment of 
     this Act, the Secretary shall conduct a study and submit a 
     report with recommendations to the appropriate committees of 
     the Congress on whether the water supply available for 
     irrigation is adequate to sustain the agricultural economy of 
     the Yakima River basin.
       (B) The target flows provided for under this subsection 
     shall be evaluated within three years after the date of 
     enactment of this Act by the Systems Operations Advisory 
     Committee for the purpose of making a report with 
     recommendations to the Secretary and the Congress evaluating 
     what is necessary to have biologically-based target flows.
       (C) The recommendations and reports under subparagraphs (A) 
     and (B) shall provide a basis for the third phase of the 
     Yakima River Basin Water Enhancement Project.
       (b) Water From Lake Cle Elum.--Water accruing from the 
     development of additional storage capacity at Lake Cle Elum, 
     made available pursuant to the modifications authorized in 
     section 6(a), shall not be part of the Yakima River basin's 
     water supply as provided in subsection (a)(1). Water obtained 
     from such development is exclusively dedicated to instream 
     flows for use by the Yakima Project Superintendent as 
     flushing flows or as otherwise advised by the System 
     Operations Advisory Committee. Water may be carried over from 
     year-to-year in the additional capacity to the extent that 
     there is space available. Releases may be made from other 
     Yakima Project storage facilities to most effectively utilize 
     this additional water, except that water deliveries to 
     holders of existing water rights shall not be impaired.
       (c) Status of Basin Conservation Program Facilities.--
     Measures of the Basin Conservation Program which are 
     implemented on facilities currently under the administrative 
     jurisdiction of the Secretary, except as provided in section 
     4, shall be considered features of the Yakima River Basin 
     Water Enhancement Project, and their operation and 
     maintenance shall be integrated and coordinated with other 
     features of the existing Yakima Project. The responsibility 
     for operation and maintenance and the related costs shall 
     remain with the current operating entity. As appropriate, the 
     Secretary shall incorporate the operation and maintenance of 
     such facilities into existing agreements. The Secretary shall 
     assure that such facilities are operated in a manner 
     consistent with Federal and State law and in accordance with 
     water rights recognized pursuant to State and Federal law.
       (d) Water Acquired by Purchase and Lease.--Water acquired 
     from voluntary sellers and lessors shall be administered as a 
     block of water separate from the Total Water Supply 
     Available, in accordance with applicable Federal and State 
     law.
       (e) Yakima Project Purpose.--(1) An additional purpose of 
     the Yakima Project shall be for fish, wildlife, and 
     recreation.
       (2) The existing storage rights of the Yakima Project shall 
     include storage for the purposes of fish, wildlife, and 
     recreation.
       (3) The purposes specified in paragraphs (1) and (2) shall 
     not impair the operation of the Yakima Project to provide 
     water for irrigation purposes nor impact existing contracts.

     SEC. 6. LAKE CLE ELUM AUTHORIZATION OF APPROPRIATIONS.

       (a) Modifications and Improvements.--There is hereby 
     authorized to be appropriated to the Secretary--
       (1) at September 1990 prices, plus or minus such amounts as 
     may be justified by reason of ordinary fluctuation of 
     applicable indexes, $2,934,000 to--
       (A) modify the radial gates at Cle Elum Dam to provide an 
     additional 14,600 acre-feet of storage capacity in Lake Cle 
     Elum,
       (B) provide for shoreline protection of Lake Cle Elum, and
       (C) construct juvenile fish passage facilities at Cle Elum 
     Dam, plus
       (2) such additional amounts as may be necessary which may 
     be required for environmental mitigation.
       (b) Operation and Maintenance Appropriations.--There is 
     hereby authorized to be appropriated to the Secretary such 
     sums as may be necessary for that portion of the operation 
     and maintenance of Cle Elum Dam determined by the Secretary 
     to be a Federal responsibility.

     SEC. 7. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA BASIN 
                   TRIBUTARIES.

       (a) General Provisions.--The following shall be applicable 
     to the investigation and implementation of measures to 
     enhance water supplies for fish and wildlife and irrigation 
     purposes on tributaries of the Yakima River basin:
       (1) An enhancement program authorized by this section 
     undertaken in any tributary shall be contingent upon the 
     agreement of appropriate water right owners to participate.
       (2) The enhancement program authorized by this section 
     shall not be construed to affect (A) the water rights of any 
     water right owners in the tributary or other water delivering 
     entities; (B) the capability of tributary water users to 
     divert, convey, and apply water; and (C) existing water and 
     land uses within the tributary area.
       (3) The water supply for tributary enhancement shall be 
     administered in accordance with applicable State and Federal 
     laws.
       (4) Any enhancement program authorized by this section 
     shall be predicated upon the availability of a dependable 
     water supply.
       (b) Study.--(1) The Secretary, following consultation with 
     the State of Washington, the tributary water right owners, 
     and the Yakama Indian Nation, and agreement of appropriate 
     water right owners to participate, shall conduct a study 
     concerning the measures that can be implemented to enhance 
     water supplies for fish and wildlife and irrigation purposes 
     on Taneum Creek, including (but not limited to)--
       (A) water use efficiency improvements;
       (B) the conveyance of water from the Yakima Project through 
     the facilities of any irrigation entity willing to contract 
     with the Secretary without adverse impact to water users;
       (C) the construction, operation, and maintenance of ground 
     water withdrawal facilities;
       (D) contracting with any entity that is willing to 
     voluntarily limit or forego present water use through lease 
     or sale of water or water rights on a temporary or permanent 
     basis;
       (E) purchase of water rights from willing sellers; and
       (F) other measures compatible with the purposes of this 
     Act, including restoration of stream habitats.
       (2) In conducting the Taneum Creek study, the Secretary 
     shall consider--
       (A) the hydrologic and environmental characteristics;
       (B) the engineering and economic factors relating to each 
     measure; and
       (C) the potential impacts upon the operations of present 
     water users in the tributary and measures to alleviate such 
     impacts.
       (3) The Secretary shall make available to the public for a 
     45-day comment period a draft report describing in detail the 
     findings, conclusions, and recommendations of the study. The 
     Secretary shall consider and include any comment made in 
     developing a final report. The Secretary's final report shall 
     be submitted to the Committee on Energy and Natural Resources 
     of the Senate, the Committee on Natural Resources of the 
     House of Representatives, and the Governor of the State of 
     Washington, and made available to the public.
       (c) Implementation of Nonstorage Measures.--After securing 
     the necessary permits the Secretary may, in cooperation with 
     the Department of Ecology of the State of Washington and in 
     accordance with the laws of the State of Washington, 
     implement nonstorage measures identified in the final report 
     under subsection (b) upon fulfillment of the following 
     conditions:
       (1) The Secretary shall enter into an agreement with the 
     appropriate water right owners who are willing to 
     participate, the State of Washington, and the Yakama Indian 
     Nation, for the use and management of the water supply to be 
     provided by proposed tributary measures pursuant to this 
     section.
       (2) The Secretary and the State of Washington find that the 
     implementation of the proposed tributary measures will not 
     impair the water rights of any person or entity in the 
     affected tributary.
       (d) Other Yakima River Basin Tributaries.--Enhancement 
     programs similar to the enhancement program authorized by 
     this section may be investigated and implemented by the 
     Secretary in other tributaries contingent upon the agreement 
     of the appropriate tributary water right owners to 
     participate. The provisions set forth in this section shall 
     be applicable to such programs.
       (e) Authorization of Appropriations.--(1) There is hereby 
     authorized to be appropriated to the Secretary $500,000 for 
     the study of the Taneum Creek Project and such amount as the 
     Secretary subsequently determines is necessary for 
     implementation of tributary measures pursuant to this 
     section.
       (2) There is also authorized to be appropriated to the 
     Secretary such funds as are necessary for the investigation 
     of enhancement programs similar to the enhancement program 
     authorized by this section in other Yakima River basin 
     tributaries contingent upon the agreement of the appropriate 
     water right owners to participate. Funds for the 
     implementation of any such similar enhancement program may 
     not be appropriated until after the Secretary submits an 
     investigation report to the appropriate congressional 
     committees.

     SEC. 8. CHANDLER PUMPING PLANT AND POWERPLANT-OPERATIONS AT 
                   PROSSER DIVERSION DAM.

       (a) Authorization of Appropriations for Electrification.--
     In order to provide for electrification to enhance instream 
     flows by eliminating the need to divert water to operate the 
     hydraulic turbines which pump water to the Kennewick 
     Irrigation District, there is authorized to be appropriated--
       (1) $50,000 to conduct an assessment of opportunities for 
     alternative pumping plant locations;
       (2) $4,000,000 for construction; and
       (3) such sums as may be necessary for the prorata share of 
     the operation and maintenance allocated to fish and wildlife 
     as determined by the Secretary.
       (b) Power for Project Pumping.--(1) The Administrator of 
     the Bonneville Power Administration shall provide for project 
     power needed to effect the electrification as provided in 
     subsection (a).
       (2)(A) There is authorized to be appropriated for the 
     Bureau of Reclamation for each fiscal year in which the 
     Administrator provides power under this subsection an amount 
     equal to the cost to the Bonneville Power Administration of 
     providing power under this subsection during such fiscal 
     year. The rate to be utilized by the Administrator in 
     determining the cost of power under this paragraph in a 
     fiscal year shall be the rate for priority firm power charged 
     by the Bonneville Power Administration in that fiscal year 
     under section 7(b) of the Pacific Northwest Electric Power 
     Planning and Conservation Act (16 U.S.C. 839e(b)).
       (B) The Bureau of Reclamation shall, using funds 
     appropriated pursuant to the authorization of appropriations 
     in subparagraph (A), reimburse the Bonneville Power 
     Administration for the costs of the project power provided 
     under this subsection. Such funds shall be available for such 
     purpose without fiscal year limitation.
       (c) Subordination.--Any diversions for hydropower 
     generation at the Chandler Powerplant shall be subordinated 
     to meet the flow targets determined under subsection (f).
       (d) Water Supply for Kennewick Irrigation District.--The 
     Secretary shall ensure that the irrigation water supply for 
     the Kennewick Irrigation District shall not be affected by 
     conservation, electrification, or subordination pursuant to 
     this Act and any reduction in its irrigation water supply 
     resulting from conservation measures adopted or implemented 
     by other entities pursuant to this Act shall be replaced by 
     water developed through subordination, electrification, or a 
     combination of the two.
       (e) Treatment of Certain Funds.--Funds appropriated and 
     project power provided pursuant to this section shall be 
     nonreimbursable since such funds are used for fish and 
     wildlife purposes and such funds are not subject to cost 
     share under section 3(d).
       (f) Target Flows.--Target flows measured at appropriate 
     biological and hydrological location or locations shall be 
     determined by the Yakima Project Superintendent in 
     consultation with the System Operations Advisory Committee.

     SEC. 9. AUGMENTATION OF KACHESS RESERVOIR STORED WATER.

       (a) Authorization of Appropriations.--In order to augment 
     Kachess Reservoir stored water supplies from flows of Cabin 
     Creek and Silver Creek which are excess to system demands, 
     there is authorized to be appropriated--
       (1) such sums as may be necessary to carry out a 
     feasibility study, including the benefits, costs, and 
     environmental aspects, of the facility described in paragraph 
     (2);
       (2) for the construction of facilities to convey such flows 
     to Kachess Reservoir, $20,000,000; and
       (3) such sums as may be necessary for the pro rata share of 
     the operation and maintenance allocated to fish and wildlife 
     determined by the Secretary.
       (b) Limitation.--Construction of the facilities described 
     in subsection (a)(1) is contingent on the completion of the 
     feasibility study referred to in subsection (a)(2).
       (c) Use of Additional Water.--The stored water supply 
     resulting from the construction of facilities under this 
     section shall be used by the Secretary to--
       (1) enhance the water supply available to the Kittitas 
     Reclamation District and the Roza Irrigation District in 
     years of proration; and
       (2) facilitate reservoir operations in the Easton Dam to 
     Keechelus Dam reach of the Yakima River for the propagation 
     of anadromous fish.
       (d) Treatment of Costs.--The construction and operation and 
     maintenance costs of the facilities under this section shall 
     be allocated to irrigation and fishery enhancement, as 
     follows:
       (1) The portion of such costs allocated to irrigation is 
     reimbursable, with the construction costs to be paid prior to 
     initiation of construction by the Kittitas Reclamation 
     District and the Roza Irrigation District.
       (2) The portion of such costs allocated to fishery 
     enhancement is nonreimbursable.
       (e) Kachess Dam Modifications.--There is authorized to be 
     appropriated $2,000,000 for the modification of the discharge 
     facilities of Kachess Dam to improve reservoir operations for 
     anadromous fish enhancement. Amounts appropriated under this 
     subsection are nonreimbursable.

     SEC. 10. INTERIM COMPREHENSIVE BASIN OPERATING PLAN.

       (a) Development.--The Secretary shall, in consultation with 
     the State of Washington, Yakama Indian Nation, Yakima River 
     Basin irrigation districts, Bonneville Power Administration, 
     and other entities as determined by the Secretary, develop an 
     interim comprehensive operating plan for providing a general 
     framework within which the Yakima Project Superintendent 
     operates the Yakima Project, including measures implemented 
     under the Yakima River Basin Water Enhancement Project, 
     including (but not limited to)--
       (1) operating capability and constraints of the system;
       (2) information on water supply calculations an water 
     needs;
       (3) system operations and stream flow objectives; and
       (4) the System Operations Advisory Committee activities.
       (b) Process Requirements.--A draft of the interim 
     comprehensive basin operating plan shall be completed within 
     18 months after the completion of the Basin Conservation Plan 
     under section 3(f) and, upon completion, published for a 90-
     day public review period. The Secretary shall complete and 
     publish the final interim comprehensive operating plan within 
     90 days after the close of the public review period. The 
     Secretary shall update the plan as needed to respond to 
     decisions from water adjudications relating to the Yakima 
     River basin.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $100,000 to carry out this section.

     SEC. 11. ENVIRONMENTAL COMPLIANCE.

       There are hereby authorized to be appropriated to the 
     Secretary $2,000,000 for environmental compliance activities 
     including the conduct, in cooperation with the State of 
     Washington, of an inventory of wildlife and wetland resources 
     in the Yakima River basin and an investigation of measures, 
     including ``wetland banking'', which could be implemented to 
     address potential impacts which could result from the 
     activities taken under this Act.

     SEC. 12. SAVINGS AND CONTINGENCIES.

       (a) In General.--Nothing in this Act shall be construed 
     to--
       (1) affect or modify any treaty or other right of the 
     Yakama Indian Nation;
       (2) authorize the appropriation or use of water by any 
     Federal, State, or local agency, the Yakama Indian Nation, or 
     any other entity or individual;
       (3) impair the rights or jurisdictions of the United 
     States, the States, the Yakama Indian Nation, or other 
     entities over waters of any river or stream or over any 
     ground water resource;
       (4) alter, amend, repeal, interpret, modify, or be in 
     conflict with any interstate compact made by the States;
       (5) alter, establish, or impair the respective rights of 
     States, the United States, the Yakama Indian Nation, or any 
     other entity or individual with respect to any water or 
     water-related right;
       (6) alter, diminish, or abridge the rights and obligations 
     of any Federal, State, or local agency, the Yakama Indian 
     Nation, or other entity, public or private;
       (7) affect or modify the rights of the Yakama Indian Nation 
     or its successors in interest to, and management and 
     regulation of, those water resources arising or used, within 
     the external boundaries of the Yakama Indian Reservation;
       (8) affect or modify the settlement agreement between the 
     United States and the State of Washington filed in Yakima 
     County Superior Court with regard to Federal reserved water 
     rights other than those rights reserved by the United States 
     for the benefit of the Yakama Indian Nation and its members;
       (9) affect or modify the rights of any Federal, State, or 
     local agency, the Yakama Indian Nation, or any other entity, 
     public or private with respect to any unresolved and 
     unsettled claims in any water right adjudications, or court 
     decisions, including State against Acquavella, or constitute 
     evidence in any such proceeding in which any water or water 
     related right is adjudicated; or
       (10) preclude other planning studies and projects to 
     accomplish the purposes of this Act by other means: funded 
     publicly, privately, or by a combination of public and 
     private funding.
       (b) Contingency Based on Appropriations.--The performance 
     of any activity under this Act which requires accomplishment 
     within a specified period that may require appropriation of 
     money by Congress or the allotment of funds shall be 
     contingent upon such appropriation or allotment being made.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Miller] will be recognized for 20 minutes, and the 
gentleman from Wyoming [Mr. Thomas] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Miller].
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. MILLER of California asked and was given permission to revise 
and extend his remarks.)
  Mr. MILLER of California. Mr. Speaker, H.R. 5148 seeks to enhance the 
available water supply in the Yakima River basin, Washington, by 
providing a funding source to implement a voluntary water conservation 
program in the basin. Improvements to existing irrigation systems and 
their operation will reduce the amount of water that needs to be 
diverted from the Yakima River to maintain full crop production. This 
will reduce demand on the total water supply available, and thereby 
improve the reliability of the water supply for streamflows and 
irrigation. Those participating in the basin water conservation program 
must agree to reduce diversions from present levels. Provisions are 
also included in the bill for improving operation of the Wapato 
irrigation project.
  Similar legislation was approved by the House in July as H.R. 1690.
  H.R. 5148 incorporates many strict provisions that will reduce water 
use in the Yakima Basin. I believe the Yakima legislation offers 
practical solutions to water allocation problems in the basin, and I 
urge my colleagues to join me in support of H.R. 5148.
  Mr. Speaker, again I would like to commend the gentleman from 
Washington [Mr. Inslee], who happens to be in the chair at this very 
moment, for his untiring effort to bring a very diverse group of water 
users together along with the environmental community and the 
irrigation community and people concerned with the future of this basin 
to agree to this legislation. I want to thank him for all of that 
effort and all of the work on behalf of this legislation.
  Mr. Speaker, again I also want to thank the Members of both sides of 
the aisle and the committee who have worked on this legislation and to 
Steve Lanich of our subcommittee on Oversight and Investigations for 
the time that he spent out in the basin working with the parties to 
this agreement.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMAS of Wyoming. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, we have no objection on this side to this legislation, 
but we have already passed this legislation in August and it was also a 
part of S. 1146. So we are a little perplexed why we need to pass this 
bill three times.
  The normal procedure is to pass the bill out of the House and then 
wait for the Senate to take action. Passing the bill out of the House 
three times is simply not a good use of our limited time.
  I urge adoption of this measure, but we may not be as accommodating 
the fourth time around.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Miller] that the House suspend the rules 
and pass the bill, H.R. 5148.
  The question was taken; and (two-thirds) having voted in favor 
thereof, the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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