[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

[[Page S8463]]

     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.

                          ____________________