[Congressional Record Volume 153, Number 118 (Monday, July 23, 2007)]
[House]
[Pages H8197-H8199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             OREGON WATER RESOURCES MANAGEMENT ACT OF 2007

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 495) to update the management of Oregon water resources, and 
for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 495

       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 ``Oregon Water Resources 
     Management Act of 2007''.

     SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION 
                   IN DESCHUTES RIVER CONSERVANCY.

       Section 301 of the Oregon Resource Conservation Act of 1996 
     (division B of Public Law 104-208; 110 Stat. 3009-534) is 
     amended--
       (1) in subsection (a)(1), by striking ``Deschutes River 
     Basin Working Group'' and inserting ``Deschutes River 
     Conservancy Working Group'';
       (2) by amending the text of subsection (a)(1)(B) to read as 
     follows: ``4 representatives of private interests including 
     two from irrigated agriculture who actively farm more than 
     100 acres of irrigated land and are not irrigation district 
     managers and two from the environmental community;'';
       (3) in subsection (b)(3), by inserting before the final 
     period the following: ``, and up to a total amount of 
     $2,000,000 during each of fiscal years 2007 through 2016''; 
     and
       (4) in subsection (h), by inserting before the period at 
     the end the following: ``, and $2,000,000 for each of fiscal 
     years 2007 through 2016''.

     SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Associated ditch companies, incorporated.--The term 
     ``Associated Ditch Companies, Incorporated'' means the 
     nonprofit corporation established under the laws of the State 
     of Oregon that operates Wallowa Lake Dam.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (3) Wallowa lake dam rehabilitation program.--The term 
     ``Wallowa Lake Dam

[[Page H8198]]

     Rehabilitation Program'' means the program for the 
     rehabilitation of the Wallowa Lake Dam in Oregon, as 
     contained in the engineering document titled, ``Phase I Dam 
     Assessment and Preliminary Engineering Design'', dated 
     December 2002, and on file with the Bureau of Reclamation.
       (b) Authorization To Participate in Program.--
       (1) Grants and cooperative agreements.--The Secretary may 
     provide grants to, or enter into cooperative or other 
     agreements with, tribal, State, and local governmental 
     entities and the Associated Ditch Companies, Incorporated, to 
     plan, design, and construct facilities needed to implement 
     the Wallowa Lake Dam Rehabilitation Program.
       (2) Conditions.--As a condition of providing funds under 
     paragraph (1), the Secretary shall ensure that--
       (A) the Wallowa Lake Dam Rehabilitation Program and 
     activities under this section meet the standards of the dam 
     safety program of the State of Oregon;
       (B) the Associated Ditch Companies, Incorporated, agrees to 
     assume liability for any work performed, or supervised, with 
     Federal funds provided to it under this section; and
       (C) the United States shall not be liable for damages of 
     any kind arising out of any act, omission, or occurrence 
     relating to a facility rehabilitated or constructed with 
     Federal funds provided under this section, both while and 
     after activities are conducted using Federal funds provided 
     under this section.
       (3) Cost sharing.--
       (A) In general.--The Federal share of the costs of 
     activities authorized under this section shall not exceed 50 
     percent.
       (B) Exclusions from federal share.--There shall not be 
     credited against the Federal share of such costs--
       (i) any expenditure by the Bonneville Power Administration 
     in the Wallowa River watershed; and
       (ii) expenditures made by individual agricultural producers 
     in any Federal commodity or conservation program.
       (4) Compliance with state law.--The Secretary, in carrying 
     out this section, shall comply with applicable Oregon State 
     water law.
       (5) Prohibition on holding title.--The Federal Government 
     shall not hold title to any facility rehabilitated or 
     constructed under this section.
       (6) Prohibition on operation and maintenance.--The Federal 
     Government shall not be responsible for the operation and 
     maintenance of any facility constructed or rehabilitated 
     under this section.
       (c) Relationship to Other Law.--Activities funded under 
     this section shall not be considered a supplemental or 
     additional benefit under Federal reclamation law (the Act of 
     June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
     supplemental to and amendatory of that Act (43 U.S.C. 371 et 
     seq.)).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to pay the Federal share 
     of the costs of activities authorized under this section, 
     $6,000,000.
       (e) Sunset.--The authority of the Secretary to carry out 
     any provisions of this section shall terminate 10 years after 
     the date of the enactment of this section.

     SEC. 4. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER 
                   RESOURCE STUDY.

       (a) Authorization.--The Secretary of the Interior, acting 
     through the Bureau of Reclamation, may participate in the 
     Water for Irrigation, Streams and the Economy Project water 
     management feasibility study and environmental impact 
     statement in accordance with the ``Memorandum of Agreement 
     Between City of Medford and Bureau of Reclamation for the 
     Water for Irrigation, Streams, and the Economy Project'', 
     dated July 2, 2004.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Bureau of Reclamation $500,000 to carry out activities 
     under this section.
       (2) Non-federal share.--
       (A) In general.--The non-Federal share shall be 50 percent 
     of the total costs of the Bureau of Reclamation in carrying 
     out subsection (a).
       (B) Form.--The non-Federal share required under 
     subparagraph (A) may be in the form of any in-kind services 
     that the Secretary of the Interior determines would 
     contribute substantially toward the conduct and completion of 
     the study and environmental impact statement required under 
     subsection (a).
       (c) Sunset.--The authority of the Secretary to carry out 
     any provisions of this section shall terminate 10 years after 
     the date of the enactment of this section.

     SEC. 5. NORTH UNIT IRRIGATION DISTRICT.

       (a) Short Title.--This section may be cited as the ``North 
     Unit Irrigation District Act of 2007''.
       (b) Amendment.--The Act of August 10, 1954 (68 Stat. 679, 
     chapter 663), is amended--
       (1) in the first section--
       (A) by inserting ``(referred to in this Act as the 
     `District')'' after ``irrigation district''; and
       (B) by inserting ``(referred to in this Act as the 
     `Contract')'' after ``1953''; and
       (2) by adding at the end the following:

     ``SEC. 3. ADDITIONAL TERMS.

       ``On approval of the District directors and notwithstanding 
     project authorizing legislation to the contrary, the Contract 
     is modified, without further action by the Secretary of the 
     Interior, to include the following modifications:
       ``(1) In Article 8(a) of the Contract, by deleting `a 
     maximum of 50,000' and inserting `approximately 59,000' after 
     `irrigation service to'.
       ``(2) In Article 11(a) of the Contract, by deleting `The 
     classified irrigable lands within the project comprise 
     49,817.75 irrigable acres, of which 35,773.75 acres are in 
     Class A and 14,044.40 in Class B. These lands and the 
     standards upon which the classification was made are 
     described in the document entitled ``Land Classification, 
     North Unit, Deschutes Project, 1953'' which is on file in the 
     office of the Regional Director, Bureau of Reclamation, 
     Boise, Idaho, and in the office of the District' and 
     inserting `The classified irrigable land within the project 
     comprises 58,902.8 irrigable acres, all of which are 
     authorized to receive irrigation water pursuant to water 
     rights issued by the State of Oregon and have in the past 
     received water pursuant to such State water rights.'.
       ``(3) In Article 11(c) of the Contract, by deleting `, with 
     the approval of the Secretary,' after `District may', by 
     deleting `the 49,817.75 acre maximum limit on the irrigable 
     area is not exceeded' and inserting `irrigation service is 
     provided to no more than approximately 59,000 acres and no 
     amendment to the District boundary is required' after `time 
     so long as'.
       ``(4) In Article 11(d) of the Contract, by inserting `, and 
     may further be used for instream purposes, including fish or 
     wildlife purposes, to the extent that such use is required by 
     Oregon State law in order for the District to engage in, or 
     take advantage of, conserved water projects as authorized by 
     Oregon State law' after `herein provided'.
       ``(5) By adding at the end of Article 12(d) the following: 
     `(e) Notwithstanding the above subsections of this Article or 
     Article 13 below, beginning with the irrigation season 
     immediately following the date of enactment of the North Unit 
     Irrigation District Act of 2007, the annual installment for 
     each year, for the District, under the Contract, on account 
     of the District's construction charge obligation, shall be a 
     fixed and equal annual amount payable on June 30 the year 
     following the year for which it is applicable, such that the 
     District's total construction charge obligation shall be 
     completely paid by June 30, 2044.'.
       ``(6) In Article 14(a) of the Contract, by inserting `and 
     for instream purposes, including fish or wildlife purposes, 
     to the extent that such use is required by Oregon State law 
     in order for the District to engage in, or take advantage of, 
     conserved water projects as authorized by Oregon State law,' 
     after `and incidental stock and domestic uses', by inserting 
     `and for instream purposes as described above,' after 
     `irrigation, stock and domestic uses', and by inserting `, 
     including natural flow rights out of the Crooked River held 
     by the District' after `irrigation system'.
       ``(7) In Article 29(a) of the Contract, by inserting `and 
     for instream purposes, including fish or wildlife purposes, 
     to the extent that such use is required by Oregon State law 
     in order for the District to engage in, or take advantage of, 
     conserved water projects as authorized by Oregon State law' 
     after `provided in article 11'.
       ``(8) In Article 34 of the Contract, by deleting `The 
     District, after the election and upon the execution of this 
     contract, shall promptly secure final decree of the proper 
     State court approving and confirming this contract and 
     decreeing and adjudging it to be a lawful, valid, and binding 
     general obligation of the District. The District shall 
     furnish to the United States certified copies of such decrees 
     and of all pertinent supporting records.' after `for that 
     purpose.'.

     ``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.

       ``The Secretary of the Interior (acting through the 
     Commissioner of Reclamation) may in the future renegotiate 
     with the District such terms of the Contract as the District 
     directors determine to be necessary, only upon the written 
     request of the District directors and the consent of the 
     Commissioner of Reclamation.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentlewoman from Washington (Mrs. 
McMorris Rodgers) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend and include extraneous 
material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the purpose of H.R. 495, as introduced by our colleague 
from Oregon (Mr. Walden), is to update the management of Oregon water 
resources and to authorize various water projects in the State of 
Oregon.
  The bill authorizes the extension of participation of the Bureau of 
Reclamation in the Deschutes River Conservancy and the Wallowa Lake Dam

[[Page H8199]]

Rehabilitation, Little Butte/Bear Creek Subbasins Water Resource Study, 
and the North Unit Irrigation District. These projects will enhance the 
water resources in a number of areas in the State of Oregon. Almost 
identical legislation passed the House in the 109th Congress.
  Mr. Speaker, we have no objection to this noncontroversial bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. McMORRIS RODGERS. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 495, sponsored by my Pacific Northwest colleague, Greg Walden, 
improves a number of water management projects in central and eastern 
Oregon. The provisions in this bill reflect the work of the past two 
Congresses and enjoyed bipartisan support because they help water 
consumers and improve the environment.
  Mr. Speaker, I urge my colleagues to support this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GRIJALVA. 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 Arizona (Mr. Grijalva) that the House suspend the rules 
and pass the bill, H.R. 495.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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