[Congressional Record Volume 159, Number 167 (Thursday, November 21, 2013)]
[Senate]
[Pages S8462-S8464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. MERKLEY (for himself and Mr. Wyden):
S. 1771. A bill 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; to the Committee on Energy
and Natural Resources.
Mr. MERKLEY. Mr. President, I rise today to talk about an issue that
is extremely important to the Central Oregon economy. For over 40
years, an agreement has been out of reach in the Crooked River Basin in
central Oregon on how to allocate water from the Prineville Reservoir
to meet the diversity of needs. Over the last few years, Senator Wyden
and I have worked with a broad group of water users in the Basin and
have come to a solution.
Today, Senator Wyden and I are introducing the Crooked River
Collaborative Water Security Act of 2013 that will provide a
comprehensive framework for improving the management of water in the
Crooked River, while creating opportunities for economic growth and new
jobs in central Oregon. This is especially good news in central Oregon,
a region that has been plagued with unemployment since the beginning of
the Great Recession and is in need of new jobs.
This legislation is built on a broad coalition of stakeholder
support. I want to thank those stakeholders who put aside preconceived
notions, came to the negotiating table, and worked out a solution that
could achieve such a broad range of support.
The key elements of the legislation include meeting the municipal
water needs for the city of Prineville long into the future, so the
city can continue to attract new businesses like the data centers of
Facebook and Apple that have recently moved to the region; providing
greater certainty for the agricultural community that depends on the
Crooked River for irrigation and is the heart and soul of the Central
Oregon economy; allowing water to be released from Bowman Dam to help
maintain healthy steelhead, salmon and trout fisheries, which are
cherished by local fisherman; allowing the Bowman Dam to be retrofitted
to install a hydroelectric turbine and generate low-cost, clean power
and create construction jobs; and creating a process to help better
plan for dry years, including the impact on fish habitat and fishing,
as well as boating and other recreational activities.
This bill is a comprehensive solution to a problem that has plagued
the region for 40 years and it has the support of numerous groups in
the Central Oregon region. The time is now for the Senate to quickly
move on this bill and help the Central Oregon economy move forward.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1771
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 ``Crooked River Collaborative
Water Security Act of 2013''.
SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by striking paragraph (72) and inserting
the following:
``(72) Crooked, oregon.--
``(A) In general.--The 14.75-mile segment from the National
Grassland boundary to Dry Creek, to be administered by the
Secretary of the Interior in the following classes:
``(i) The 7-mile segment from the National Grassland
boundary to River Mile 8 south of Opal Spring, as a
recreational river.
``(ii) The 7.75-mile segment from a point \1/4\-mile
downstream from the center crest of Bowman Dam, as a
recreational river.
``(B) Hydropower.--In any license application relating to
hydropower development (including turbines and appurtenant
facilities) at Bowman Dam, the applicant, in consultation
with the Director of the Bureau of Land Management, shall--
``(i) analyze any impacts to the scenic, recreational, and
fishery resource values of the Crooked River from the center
crest of Bowman Dam to a point \1/4\-mile downstream that may
be caused by the proposed hydropower development, including
the future need to undertake routine and emergency repairs;
``(ii) propose measures to minimize and mitigate any
impacts analyzed under clause (i); and
``(iii) propose designs and measures to ensure that any
access facilities associated with hydropower development at
Bowman Dam shall not impede the free-flowing nature of the
Crooked River below Bowman Dam.''.
SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.
Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73
Stat. 554; 78 Stat. 954) is amended--
(1) by striking ``during those months'' and all that
follows through ``purpose of the project''; and
(2) by adding at the end the following: ``Without further
action by the Secretary of the Interior, beginning on the
date of enactment of the Crooked River Collaborative Water
Security Act of 2013, 5,100 acre-feet of water shall be
annually released from the project to 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 water. The City of Prineville
shall make payments to the Secretary for the water, in
accordance with applicable Bureau of Reclamation policies,
directives, and standards. Consistent with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
and other applicable
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Federal laws, the Secretary may contract exclusively with the
City of Prineville for additional quantities of water, at the
request of the City of Prineville.''.
SEC. 4. ADDITIONAL PROVISIONS.
The Act entitled ``An Act to authorize construction by the
Secretary of the Interior of the Crooked River Federal
reclamation project, Oregon'', approved August 6, 1956 (70
Stat. 1058; chapter 980; 73 Stat. 554; 78 Stat. 954), is
amended by adding at the end the following:
``SEC. 6. FIRST FILL STORAGE AND RELEASE.
``(a) In General.--Other than the 10 cubic feet per second
release provided for in section 4, and subject to compliance
with the flood curve requirements of the Corps of Engineers,
the Secretary shall, on a `first fill' priority basis, store
in and when called for in any year release from Prineville
Reservoir, whether from carryover, infill, or a combination
of both, the following:
``(1) 68,273 acre-feet of water annually to fulfill all 16
Bureau of Reclamation contracts existing as of January 1,
2011.
``(2) Not more than 2,740 acre-feet of water annually to
supply the McKay Creek land, in accordance with section 5 of
the Crooked River Collaborative Water Security Act of 2013.
``(3) 10,000 acre-feet of water annually, to be made
available first to the North Unit Irrigation District, and
subsequently to any other holders of Reclamation contracts
existing as of January 1, 2011 (in that order) pursuant to
Temporary Water Service Contracts, on the request of the
North Unit Irrigation District or the contract holders,
consistent with the same terms and conditions as prior such
contracts between the Bureau of Reclamation and District or
contract holders, as applicable.
``(4) 5,100 acre-feet of water annually to mitigate the
City of Prineville groundwater pumping under section 4, with
the release of this water to occur not based on an annual
call, but instead pursuant to section 4 and the release
schedule developed pursuant to section 7(c).
``(b) Carryover.--Except for water that may be called for
and released after the end of the irrigation season (either
as City of Prineville groundwater pumping mitigation or as a
voluntary release, in accordance with section 4 of this Act
and section 6(c) of the Crooked River Collaborative Water
Security Act of 2013, respectively), any water stored under
this section that is not called for and released by the end
of the irrigation season in a given year shall be--
``(1) carried over to the subsequent water year, which, for
accounting purposes, shall be considered to be the 1-year
period beginning October 1 and ending September 30,
consistent with Oregon State law; and
``(2) accounted for as part of the `first fill' storage
quantities of the subsequent water year, but not to exceed
the maximum `first fill' storage quantities described in
subsection (a).
``SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER
QUANTITIES.
``(a) Authorization.--
``(1) In general.--Other than the quantities provided for
in section 4 and the `first fill' quantities provided for in
section 6, and subject to compliance with the flood curve
requirements of the Corps of Engineers, the Secretary shall
store in and release from Prineville Reservoir all remaining
stored water quantities for the benefit of downstream fish
and wildlife.
``(2) Requirement.--The Secretary shall release the
remaining stored water quantities under paragraph (1)
consistent with subsection (c).
``(b) Applicable Law.--If a consultation under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or an
order of a court in a proceeding under that Act requires
releases of stored water from Prineville Reservoir for fish
and wildlife downstream of Bowman Dam, the Secretary shall
use uncontracted stored water.
``(c) Annual Release Schedule.--
``(1) In general.--The Commissioner of Reclamation shall
develop annual release schedules for the remaining stored
water quantities in subsection (a) and the water serving as
mitigation for City of Prineville groundwater pumping
pursuant to section 4.
``(2) Guidance.--To the maximum extent practicable and
unless otherwise prohibited by law, the Commissioner of
Reclamation shall develop and implement the annual release
schedules consistent with the guidance provided by the
Confederated Tribes of the Warm Springs Reservation of Oregon
and the State of Oregon to maximize biological benefit for
downstream fish and wildlife, after taking into consideration
multiyear water needs of downstream fish and wildlife.
``(3) Comments from federal fish management agencies.--The
National Marine Fisheries Service and the United States Fish
and Wildlife Service shall have the opportunity to provide
advice with respect to, and comment on, the annual release
schedule developed by the Commissioner of Reclamation under
this subsection.
``(d) Required Coordination.--The Commissioner of
Reclamation shall perform traditional and routine activities
in a manner that coordinates with the efforts of the
Confederated Tribes of the Warm Springs Reservation of Oregon
and the State of Oregon to monitor and request adjustments to
releases for downstream fish and wildlife on an in-season
basis as the Confederated Tribes of the Warm Springs
Reservation of Oregon and the State of Oregon determine
downstream fish and wildlife needs require.
``(e) Carryover.--
``(1) In general.--Any water stored under subsection (a) in
1 water year that is not released during the water year--
``(A) shall be carried over to the subsequent water year;
and
``(B)(i) may be released for downstream fish and wildlife
resources, consistent with subsections (c) and (d), until the
reservoir reaches maximum capacity in the subsequent water
year; and
``(ii) once the reservoir reaches maximum capacity under
clause (i), shall be credited to the `first fill' storage
quantities, but not to exceed the maximum `first fill'
storage quantities described in section 6(a).
``(f) Effect.--Nothing in this section affects the
authority of the Commissioner of Reclamation to perform all
other traditional and routine activities of the Commissioner
of Reclamation.
``SEC. 8. RESERVOIR LEVELS.
``The Commissioner of Reclamation shall--
``(1) project reservoir water levels over the course of the
year; and
``(2) make the projections under paragraph (1) available
to--
``(A) the public (including fisheries groups, recreation
interests, and municipal and irrigation stakeholders);
``(B) the Director of the National Marine Fisheries
Service; and
``(C) the Director of the United States Fish and Wildlife
Service.
``SEC. 9. EFFECT.
``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 Federal or Oregon State
law.''.
SEC. 5. OCHOCO IRRIGATION DISTRICT.
(a) Early Repayment.--
(1) In general.--Notwithstanding section 213 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any
landowner within Ochoco Irrigation District, Oregon (referred
to in this section as the ``district''), may repay, at any
time, the construction costs of the project facilities
allocated to the land of the landowner within the district.
(2) Exemption from limitations.--Upon discharge, in full,
of the obligation for repayment of the construction costs
allocated to all land of the landowner in the district, the
land shall not be subject to the ownership and full-cost
pricing limitations of 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.)).
(b) Certification.--Upon the request of a landowner who has
repaid, in full, the construction costs of the project
facilities allocated to the land of the landowner within the
district, the Secretary of the Interior shall provide the
certification described in section 213(b)(1) 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 authority
to the contrary, the Reclamation contracts of the district
are modified, without further action by the Secretary of the
Interior--
(1) to 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) to 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) to classify as irrigable approximately 685 acres within
the approximately 2,742 acres of included land in the
vicinity of McKay Creek, with those approximately 685 acres
authorized to receive irrigation water pursuant to water
rights issued by the State of Oregon if the acres have in the
past received water pursuant to State water rights; and
(4) to provide the district with stored water from
Prineville Reservoir for purposes of supplying up to the
approximately 685 acres of land added within the district
boundary and classified as irrigable under paragraphs (2) and
(3), with the 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 issuance of
water rights by the State of Oregon for the use of stored
water.
(d) Limitation.--Except as otherwise provided in
subsections (a) and (c), nothing in this section--
(1) modifies contractual rights that may exist between the
district and the United States under the Reclamation
contracts of the district;
(2) amends or reopens the contracts referred to in
paragraph (1); or
(3) modifies any rights, obligations, or relationships that
may exist between the district and any owner of land within
the district, as may be provided or governed by Federal or
Oregon State law.
SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOLUNTARY RELEASES.
(a) Participation in Dry-year Management Planning
Meetings.--The Bureau of
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Reclamation shall participate in dry-year management planning
meetings with the State of Oregon, the Confederated Tribes of
the Warm Springs Reservation of Oregon, municipal,
agricultural, conservation, recreation, and other interested
stakeholders to plan for dry-year conditions.
(b) Dry-year Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Bureau of Reclamation shall
develop a dry-year management plan in coordination with the
participants referred to in subsection (a).
(2) Requirements.--The plan developed under paragraph (1)
shall only recommend strategies, measures, and actions that
the irrigation districts and other Bureau of Reclamation
contract holders voluntarily agree to implement.
(3) Limitations.--Nothing in the plan developed under
paragraph (1) shall be mandatory or self-implementing.
(c) Voluntary Release.--In any year, if North Unit
Irrigation District or other eligible Bureau of Reclamation
contract holders have not initiated contracting with the
Bureau of Reclamation for any quantity of the 10,000 acre
feet of water described in subsection (a)(3) of section 6 of
the Act of August 6, 1956 (70 Stat. 1058) (as added by
section 4), by June 1 of any calendar year, with the
voluntary agreement of North Unit Irrigation District and
other Bureau of Reclamation contract holders referred to in
that paragraph, the Secretary may release that quantity of
water for the benefit of downstream fish and wildlife as
described in section 7 of that Act.
SEC. 7. RELATION TO EXISTING LAWS AND STATUTORY OBLIGATIONS.
Nothing in this Act (or an amendment made by this Act)--
(1) provides to the Secretary the authority to store and
release the ``first fill'' quantities provided for in section
6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by
section 4) for any purposes other than the purposes provided
for in that section, except for--
(A) the potential instream use resulting from conserved
water projects and temporary instream leasing as provided for
in section 5(c)(1);
(B) the potential release of additional amounts that may
result from voluntary actions agreed to through the dry-year
management plan developed under section 6(b); and
(C) the potential release of the 10,000 acre feet for
downstream fish and wildlife as provided for in section 6(c);
(2) alters any responsibilities under Oregon State law or
Federal law, including section 7 of the Endangered Species
Act (16 U.S.C. 1536); or
(3) alters the authorized purposes of the Crooked River
Project provided in the first section of the Act of August 6,
1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954).
Mr. WYDEN. Mr. President, today I rise to join Senator Merkley and
cosponsor a bill that strikes a balance between the competing demands
for a scarce resource, Crooked River water. The Crooked River
Collaborative Water Security Act of 2013 is the product of long and
determined negotiations to find solutions that will benefit many
interests in and around Prineville, Oregon. I was pleased to work to
advance this bill last Congress, and I look forward to working with
Senator Merkley, other colleagues, and all the supporters of the bill
to achieve the many benefits of this bill for Central Oregon.
Oregon works best when Oregonians work together and this is an
example of what can be done when faced with a very challenging set of
issues. The City of Prineville needs water to grow economically.
Irrigators along the Crooked River want certainty for future water
supply. The local utility Portland General Electric would like to build
a small hydroelectric plant on the Bureau of Reclamation's Bowman Dam.
And the Warm Springs Tribes and conservation groups seek to ensure more
water is available for in-stream flows to protect reintroduced salmon
runs in the Crooked River.
Water in the West is often the heart of many contentious battles, but
these parties and more worked tirelessly and in good faith to build a
consensus to meet those many important needs. The bill allocates
uncontracted water in Bowman Dam to give water to the City and for fish
populations, while attaining certainty for the contracted water for
irrigation. It also moves the Wild and Scenic River Act boundary to a
place that makes sense and would enable hydroelectric generation. The
bill more explicitly looks after the recreation interests enjoyed by
flatwater users above the dam.
I express my gratitude for the many groups and individuals who have
worked diligently to strike the balance on the Crooked River. I look
forward to working with those groups, the Bureau of Reclamation,
Congressman Greg Walden, and especially Senator Merkley, who has shown
determined leadership in marshaling this bill, to move this bill
through Congress and to the President's desk this Congress.
____________________