[Congressional Record Volume 146, Number 133 (Monday, October 23, 2000)]
[House]
[Pages H10518-H10519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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.
  The Clerk read as follows:

                                S. 2882

       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 ``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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 2882 will enable the Bureau of Reclamation to conduct 
certain feasibility studies to augment water supplies for the Klamath 
Project, Oregon and California, and for other purposes.
  I urge an aye vote.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise in support of this legislation.
  Mr. WALDEN of Oregon. Mr. Speaker, I rise today to offer my strong 
support for S. 2882, the Klamath Basin Water Supply Enhancement Act of 
2000. This bill was sponsored in the Senate by Senator Gordon Smith of 
Oregon, and I sponsored the companion bill on the House side with my 
good friend Wally Herger of California. I would like to thank Chairman 
Young of the Resources Committee and Chairman Doolittle of the Water 
and Power Subcommittee for helping bring this bill to the floor.
  The Klamath Project in Oregon and California was one of the earliest 
federal reclamation projects. The Secretary of the Interior authorized 
development of the project on May 15, 1905, under provisions of the 
Reclamation Act of 1902. The project irrigates over 200,000 acres of 
farmland in south-central Oregon and north-central California. The two 
main sources of water for the project are Upper Klamath Lake and the 
Klamath River, as well as Clear Lake Reservoir, Gerber Reservoir, and 
Lost River, which are located in a closed basin. The total drainage 
area is approximately 5,700 square miles. The Klamath River is subject 
to an interstate compact between the States of Oregon and California.
  There are also several wildlife refuges in the basin that are an 
important part of the western flyway. There are suckers in Upper 
Klamath Lake on the Endangered Species List that require the lake to be 
maintained at certain levels throughout the summer. There are also 
salmon in the Klamath River for which federal agencies are seeking 
additional flow. It is my understanding that there will be significant 
additional flow requirements next year.
  S. 2882, as amended by the Senate, would authorize the Bureau of 
Reclamation to conduct feasibility studies to determine what steps can 
be taken to meet the growing water needs in the Klamath River Basin 
(Basin) of Oregon and California. The outcome of these studies will 
help to determine the future water use of the residents and wildlife 
that surround this area. It will simply evaluate the feasibility of 
increasing the storage capacity, and/or the yield

[[Page H10519]]

of the Klamath Project facilities while improving water quality, 
consistent with the protection of fish and wildlife.
  It is important to note that there were severe shortages of water in 
the Basin this year. However, this was not a drought year. The 
shortages are symptoms of a much larger problem in the Basin. If a 
solution is not found soon, a drought could have devastating effects on 
farmers in the area and on the wildlife that depends upon certain flow 
levels.
  S. 2882 is an extremely important bill to people of the Klamath 
Basin. I support this measure and urge its immediate passage.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield back the 
balance of my time.
  Mr. GIBBONS. 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 Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the Senate bill, S. 2882.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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