[Congressional Record Volume 159, Number 152 (Tuesday, October 29, 2013)]
[House]
[Pages H6850-H6852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CENTRAL OREGON JOBS AND WATER SECURITY ACT

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2640) to amend the Wild and Scenic Rivers Act to 
adjust the Crooked River boundary, to provide water certainty for the 
City of Prineville, Oregon, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2640

       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 ``Central Oregon Jobs and 
     Water Security Act''.

     SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.

       Section 3(a)(72) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)(72)) is amended as follows:
       (1) By striking ``15-mile'' and inserting ``14.75-mile''.
       (2) In subparagraph (B)--
       (A) by striking ``8-mile'' and all that follows through 
     ``Bowman Dam'' and inserting ``7.75-mile segment from a point 
     one-quarter mile downstream from the toe of Bowman Dam''; and
       (B) by adding at the end the following: ``The developer for 
     any hydropower development, including turbines and 
     appurtenant facilities, at Bowman Dam, in consultation with 
     the Bureau of Land Management, shall analyze any impacts to 
     the Outstandingly Remarkable Values of the Wild and Scenic 
     River that may be caused by such development, including the 
     future need to undertake routine and emergency repairs, and 
     shall propose mitigation for any impacts as part of any 
     license application submitted to the Federal Energy 
     Regulatory Commission.''.

     SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.

       Section 4 of the Act of August 6, 1956 (70 Stat. 1058), (as 
     amended by the Acts of September 14, 1959 (73 Stat. 554), and 
     September 18, 1964 (78 Stat. 954)) is further amended as 
     follows:
       (1) By striking ``ten cubic feet'' the first place it 
     appears and inserting ``17 cubic feet''.
       (2) By striking ``during those months when there is no 
     other discharge therefrom, but this release may be reduced 
     for brief temporary periods by the Secretary whenever he may 
     find that release of the full ten cubic feet per second is 
     harmful to the primary purpose of the project''.
       (3) By adding at the end the following: ``Without further 
     action by the Secretary, and as determined necessary for any 
     given year by the City of Prineville, up to seven of the 17 
     cubic feet per second minimum release shall also serve as 
     mitigation for City of Prineville groundwater pumping, 
     pursuant to and in a manner consistent with Oregon State law, 
     including any shaping of the release of the up to seven cubic 
     feet per second to coincide with City of Prineville 
     groundwater pumping as may be required by the State of 
     Oregon. As such, the Secretary is authorized to make 
     applications to the State of Oregon in conjunction with the 
     City to protect these supplies instream. The City shall make 
     payment to the Secretary for that portion of the minimum 
     release that actually serves as mitigation pursuant to Oregon 
     State law for the City in any given year, with the payment 
     for any given year equal to the amount of mitigation in acre 
     feet required to offset actual City groundwater pumping for 
     that year in accordance with Reclamation `Water and Related 
     Contract and Repayment Principles and Requirements', 
     Reclamation Manual Directives and Standards PEC 05-01, dated 
     09/12/2006, and guided by `Economic and Environmental 
     Principles and Guidelines for Water and Related Land 
     Resources Implementation Studies', dated March 10, 1983. The 
     Secretary is authorized to contract exclusively with the City 
     for additional amounts in the future at the request of the 
     City.''.

     SEC. 4. FIRST FILL PROTECTION.

       The Act of August 6, 1956 (70 Stat. 1058), as amended by 
     the Acts of September 14, 1959 (73 Stat. 554), and September 
     18, 1964 (78 Stat. 954), is further amended by adding at the 
     end the following:
       ``Sec. 6.  Other than the 17 cubic feet per second release 
     provided for in section 4, and subject to compliance with the 
     Army Corps of Engineers' flood curve requirements, the 
     Secretary shall, on a `first fill' priority basis, store in 
     and release from Prineville Reservoir, whether from 
     carryover, infill, or a combination thereof, the following:
       ``(1) 68,273 acre feet of water annually to fulfill all 16 
     Bureau of Reclamation contracts existing as of January 1, 
     2011, and up to 2,740 acre feet of water annually to supply 
     the McKay Creek lands as provided for in section 5 of this 
     Act.
       ``(2) Not more than 10,000 acre feet of water annually, to 
     be made available to the North Unit Irrigation District 
     pursuant to a Temporary Water Service Contract, upon the 
     request of the North Unit Irrigation District, consistent 
     with the same terms and conditions as prior such contracts 
     between the District and the Bureau of Reclamation.
       ``Sec. 7.  Except as otherwise provided in this Act, 
     nothing in this Act--
       ``(1) modifies contractual rights that may exist between 
     contractors and the United States under Reclamation 
     contracts;
       ``(2) amends or reopens contracts referred to in paragraph 
     (1); or
       ``(3) modifies any rights, obligations, or requirements 
     that may be provided or governed by Oregon State law.''.

     SEC. 5. OCHOCO IRRIGATION DISTRICT.

       (a) Early Repayment.--Notwithstanding section 213 of the 
     Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any 
     landowner within Ochoco Irrigation District in Oregon, may 
     repay, at any time, the construction costs of

[[Page H6851]]

     the project facilities allocated to that landowner's lands 
     within the district. Upon discharge, in full, of the 
     obligation for repayment of the construction costs allocated 
     to all lands the landowner owns in the district, those lands 
     shall not be subject to the ownership and full-cost pricing 
     limitations of the Act of June 17, 1902 (43 U.S.C. 371 et 
     seq.), and Acts supplemental to and amendatory of that Act, 
     including the Reclamation Reform Act of 1982 (43 U.S.C. 390aa 
     et seq.).
       (b) Certification.--Upon the request of a landowner who has 
     repaid, in full, the construction costs of the project 
     facilities allocated to that landowner's lands owned within 
     the district, the Secretary of the Interior shall provide the 
     certification provided for in subsection (b)(1) of section 
     213 of the Reclamation Reform Act of 1982 (43 U.S.C. 
     390mm(b)(1)).
       (c) Contract Amendment.--On approval of the district 
     directors and notwithstanding project authorizing legislation 
     to the contrary, the district's reclamation contracts are 
     modified, without further action by the Secretary of the 
     Interior, to--
       (1) authorize the use of water for instream purposes, 
     including fish or wildlife purposes, in order for the 
     district to engage in, or take advantage of, conserved water 
     projects and temporary instream leasing as authorized by 
     Oregon State law;
       (2) include within the district boundary approximately 
     2,742 acres in the vicinity of McKay Creek, resulting in a 
     total of approximately 44,937 acres within the district 
     boundary;
       (3) classify as irrigable approximately 685 acres within 
     the approximately 2,742 acres of included lands in the 
     vicinity of McKay Creek, where the approximately 685 acres 
     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; and
       (4) provide the district with stored water from Prineville 
     Reservoir for purposes of supplying up to the approximately 
     685 acres of lands added within the district boundary and 
     classified as irrigable under paragraphs (2) and (3), with 
     such stored water to be supplied on an acre-per-acre basis 
     contingent on the transfer of existing appurtenant McKay 
     Creek water rights to instream use and the State's issuance 
     of water rights for the use of stored water.
       (d) Limitation.--Except as otherwise provided in 
     subsections (a) and (c), nothing in this section shall be 
     construed to--
       (1) modify contractual rights that may exist between the 
     district and the United States under the district's 
     Reclamation contracts;
       (2) amend or reopen the contracts referred to in paragraph 
     (1); or
       (3) modify any rights, obligations or relationships that 
     may exist between the district and its landowners as may be 
     provided or governed by Oregon State law.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from Arizona (Mr. Grijalva) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alaska.


                             General Leave

  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 2640, sponsored by our colleague, Mr. Walden of Oregon, is an 
important step towards restoring water and power abundance and jobs to 
a rural area that has been devastated by Federal logging restrictions.
  This bill is a reflection of years of negotiation, and it is 
identical to the bill this Chamber passed last year without opposition. 
Its supporters include those who would normally be water adversaries in 
most parts of the West. Municipalities, irrigators, the Warm Spring 
tribes, utilities, organized labor, and an environmental organization 
have all come together to support this legislation.
  I want to commend my friend, the gentleman from Oregon (Mr. Walden), 
for his good work to bring all these parties together and urge adoption 
of this legislation.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GRIJALVA asked and was given permission to revise and extend his 
remarks.)
  Mr. GRIJALVA. Mr. Speaker, H.R. 2640, as my colleague described, does 
several things, including providing water and economic certainty to the 
City of Prineville and the Ochoco Irrigation District. The legislation 
also outlines how reclamation is to operate and manage the Prineville 
Reservoir through the first fill provision and removes some flexibility 
on reclamation's part to mitigate and adapt to changing conditions.
  We do not fully support the first fill provision but understand that 
there are ongoing negotiations that look at providing the certainty 
that the city needs while protecting the environment. Stakeholder-
driven processes are the best way to address local needs.
  We look forward to working with our colleagues in the Senate and on 
the other side of the aisle to ensure that all of the needs are met and 
protected.
  I reserve the balance of my time.
  Mr. YOUNG of Alaska. I yield such time as he may consume to the 
gentleman from Oregon (Mr. Walden).
  Mr. WALDEN. I thank Chairman Young, and thank you for your help on 
this, and Chairman Hastings as well. Mr. Grijalva, thank you for your 
comments, and I want to thank Representative DeFazio for his work on 
this, among many others.
  Mr. Speaker, as was pointed out, in 2012 this bill passed the House 
unanimously, and I am glad to see this legislation is once again before 
this Chamber. The legislation is a collaborative effort between the 
City of Prineville, Crook County, local farmers, the Deschutes River 
Conservancy, the Confederated Tribes of Warm Springs, among others. I 
am grateful for their efforts in creating and moving this legislation 
forward. This bill we have before us will create jobs in central Oregon 
and will remove government red tape.
  This is actually a photo of Bowman Dam. This is what we are talking 
about. When the ``wild and scenic'' designation was passed by Congress, 
they sort of arbitrarily and temporarily, at the time--this was decades 
ago--placed the wild and scenic designation line right here in the 
yellow stripe of the road. Now, I have told people that the only thing 
wild and scenic about a dam is if you are falling over the face of it 
and tumbling down, then it might be wild and scenic.
  What we seek to do is move this boundary off the center of this dam 
and go down about a quarter of a mile where the river really becomes 
natural. As a result of that, then we are pretty well convinced that a 
company will come in and add clean, renewable hydropower through a 
generation facility on the dam. The result of that, then, is the water 
will come out with less gasification so it will be better for fish.
  So we will get about 50 construction jobs for 2 years, good-paying 
construction jobs for 2 years as they install this hydropower facility. 
We will get enough hydroelectricity to light, I think it is, 500 homes. 
So you get clean hydropower and you get construction jobs. The water 
will come out from a different place and actually be better for the 
fish going forward, and all we do is move the scenic boundary down to 
where, frankly, probably everyone would agree, it should have been, not 
on the center line at the top of the dam where cars drive over it, but 
rather down about a quarter of a mile.
  In addition to that, this facility, about 20 miles upriver from 
Prineville, is a reclamation project that holds about 80,000 acre-feet 
of uncontracted water. That is part of the discussion: What do you do 
with that uncontracted water? This is rare in the Federal Government to 
have a facility where all of the water hasn't been determined. That is 
an issue that can be dealt with down the road. We don't deal with that 
here other than to make sure that Prineville has access to that 6 
percent, about 5,100 acre-feet, of water.
  And why is that important? Because the City of Prineville, right now, 
is constricted. They don't have enough water. And this is a small, 
rural community with high unemployment in the county. We would make 
sure that they get about 5,100 acre-feet of water. They would pay fair 
market price for the value of the water, and that extra water would 
allow the city to not only meet its residential needs, which it cannot 
do today, but also allow it to engage in more economic development, 
which it desperately needs to do.
  This water issue came to our attention initially because Facebook was 
planning, and has since constructed, a data center which they have now 
doubled in size. Apple is also constructing a data center there. Both 
of them need water for cooling. They have been able

[[Page H6852]]

to be more efficient about how they do that, but they still need water. 
And others will.
  Because the city would access the water through the ground and not 
from directly behind the dam, the water actually flows downstream in 
excess of about 20 miles, which is better for the fish to have that 
much more water going and released down the dam, and then the city 
would, through their underground pumps, pump the water out. In dry 
years, particularly in the winter, this higher release requirement 
would benefit fish and wildlife, including the Blue Ribbon trout 
fishery below Bowman Dam. And as I said, it fixes this problem with the 
wild and scenic designation and creates 50 jobs.
  Additionally, the bill expedites the McKay Creek restoration project. 
This is something we worked closely with the Warm Springs tribal 
leaders on because it would increase water flows for redband trout and 
summer steelhead. This project has long been supported by the Warm 
Springs tribes and the Deschutes River Conservancy, and so I want to 
thank both Warm Springs and Deschutes Conservancy for their work on 
this issue and on, especially, McKay Creek. It is a very good, 
commonsense conservation project.
  So this is a good, commonsense, job-creating bill. It is the 
culmination of years of work in a collaborative effort.
  I want to thank the mayor of Prineville. Mayor Roppe has testified 
before the committee on a couple of occasions. Judge McCabe has been 
terrific in helping us, as have been many others as we have moved this 
forward.
  So this is a jobs bill that doesn't cost the government anything. It 
is a good, clean water bill that helps the community provide jobs and 
take care of its citizens, and it resolves a longstanding issue that 
has been a problem for this area. Actually, this debate has gone on 
since Mark Hatfield was in the Senate back in the 1970s. So I 
appreciate the committee's diligent efforts on this and the bipartisan 
way we are moving forward on this piece of legislation.
  With that, Mr. Speaker, I ask for your unanimous support of this 
bill.
  Mr. YOUNG of Alaska. I thank the gentleman for his presentation. He 
has done an excellent job.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, we have no further speakers, and I yield 
back the balance of my time.
  Mr. YOUNG of Alaska. I have no further speakers.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 2640.
  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.

                          ____________________