[Congressional Record Volume 146, Number 128 (Friday, October 13, 2000)]
[Senate]
[Pages S10529-S10530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000

  Mr. LOTT. I ask unanimous consent the Senate proceed to the immediate 
consideration of Calendar No. 938, S. 2882.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2882) to authorize the Bureau of Reclamation to 
     conduct certain feasibility studies to augment water supplies 
     for the Klamath Project, Oregon and California, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the 
bill, which

[[Page S10530]]

had been reported from the Committee on Energy and Natural Resources, 
with an amendment, as follows:

  [Strike out all after the enacting clause and insert the part printed 
in italic.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Klamath Basin Water Supply 
     Enhancement Act of 2000''.

     SEC. 2. AUTHORIZATION TO CONDUCT FEASIBILITY STUDIES.

       In order to help meet the growing water needs in the 
     Klamath River basin, to improve water quality, to facilitate 
     the efforts of the State of Oregon to resolve water rights 
     claims in the Upper Klamath River Basin including 
     facilitation of Klamath tribal water rights claims, and to 
     reduce conflicts over water between the Upper and Lower 
     Klamath Basins, the Secretary of the Interior (hereafter 
     referred to as the ``Secretary'') is authorized and directed, 
     in consultation with affected state, local and tribal 
     interests, stakeholder groups and the interested public, to 
     engage in feasibility studies of the following proposals 
     related to the Upper Klamath Basin and the Klamath Project, a 
     federal reclamation project in Oregon and California:
       (1) Increasing the storage capacity, and/or the yield of 
     the Klamath Project facilities while improving water quality, 
     consistent with the protection of fish and wildlife.
       (2) The potential for development of additional Klamath 
     Basin groundwater supplies to improve water quantity and 
     quality, including the effect of such groundwater development 
     on non-project lands, groundwater and surface water supplies, 
     and fish and wildlife.
       (3) The potential for further innovations in the use of 
     existing water resources, or market-based approaches, in 
     order to meet growing water needs consistent with state water 
     law.

     SEC. 3. ADDITIONAL STUDIES.

       (a) Non-Project Lands.--The Secretary may enter into an 
     agreement with the Oregon Department of Water Resources to 
     fund studies relating to the water supply needs of non-
     project lands in the Upper Klamath Basin.
       (b) Surveys.--To further the purposes of this Act, the 
     Secretary is authorized to compile information on native fish 
     species in the Upper Klamath River Basin, upstream of Upper 
     Klamath Lake. Wherever possible, the Secretary should use 
     data already developed by Federal agencies and other 
     stakeholders in the Basin.
       (c) Hydrologic Studies.--The Secretary is directed to 
     complete ongoing hydrologic surveys in the Klamath River 
     Basin currently being conducted by the U.S. Geological 
     Survey.
       (d) Reporting Requirements.--The Secretary shall submit the 
     findings of the studies conducted under section 2 and Section 
     3(a) of this Act to the Congress within 90 days of each 
     study's completion, together with any recommendations for 
     projects.

     SEC. 4. LIMITATION.

       Activities funded under this Act shall not be considered a 
     supplemental or additional benefit under the Act of June 17, 
     1902 (82 Stat. 388) and all Acts amendatory thereof or 
     supplementary thereto.

     SEC. 5. WATER RIGHTS.

       Nothing in this Act shall be construed to--
       (1) create, by implication or otherwise, any reserved water 
     right or other right to the use of water;
       (2) invalidate, preempt, or create any exception to State 
     water law or an interstate compact governing water;
       (3) alter the rights of any State to any appropriated share 
     of the waters of any body or surface or groundwater, whether 
     determined by past or future interstate compacts or by past 
     or future legislative or final judicial allocations;
       (4) preempt or modify any State or Federal law or 
     interstate compact dealing with water quality or disposal; or
       (5) confer upon any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any groundwater resources.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized such sums as necessary to carry out 
     the purposes of this Act. Activities conducted under this Act 
     shall be non-reimbursable and nonreturnable.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2882), as amended, was read the third time and passed.

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