[Congressional Record Volume 160, Number 151 (Thursday, December 11, 2014)]
[House]
[Pages H9292-H9294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CENTRAL OREGON JOBS AND WATER SECURITY ACT

  Mr. WALDEN. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table 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, 
with the Senate amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will report the Senate amendment.

[[Page H9293]]

  The Clerk read as follows:
  Senate amendment:

       -Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Crooked River Collaborative 
     Water Security and Jobs Act of 2014''.

     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 or lease of power 
     privilege application relating to non-Federal 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 ``sec. 4. In order'' and inserting the 
     following:

     ``SEC. 4. CITY OF PRINEVILLE WATER SUPPLY.

       ``(a) In General.--In order'';
       (2) in subsection (a) (as so designated), by striking 
     ``during those months'' and all that follows through 
     ``purpose of the project''; and
       (3) by adding at the end the following:
       ``(b) Annual Release.--
       ``(1) In general.--Without further action by the Secretary 
     of the Interior, beginning on the date of enactment of the 
     Crooked River Collaborative Water Security and Jobs Act of 
     2014, 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.
       ``(2) Payments.--The City of Prineville shall make payments 
     to the Secretary of the Interior for the water released under 
     paragraph (1), in accordance with applicable Bureau of 
     Reclamation policies, directives, and standards.
       ``(c) Additional Quantities.--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 Federal laws, the Secretary of the 
     Interior 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 of August 6, 1956 (70 Stat. 1058; 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) Not more than 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 and Jobs Act 
     of 2014.
       ``(3) Not more than 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) Not more than 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(b).
       ``(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 and Jobs Act of 2014, 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.--The Secretary shall store in and release 
     from Prineville Reservoir sufficient quantities of remaining 
     stored quantities to be released pursuant to the annual 
     release schedule under subsection (b) and to provide instream 
     flows consistent, to the maximum extent practicable, with the 
     recommendations for in-channel strategies in the plan 
     prepared by the Northwest Power and Conservation Council 
     entitled `Deschutes Subbasin Plan' and dated March 24, 2005, 
     for flow between Bowman Dam and Lake Billy Chinook.
       ``(2) Requirements.--In calculating the quantity of 
     released water under paragraph (1), the Secretary shall--
       ``(A) comply with the flood curve requirements of the Corps 
     of Engineers; and
       ``(B) credit toward the requirements of paragraph (1) the 
     instream flow benefits provided by--
       ``(i) the quantities released under section 4;
       ``(ii) the `first fill' quantities released under section 
     6; and
       ``(iii) any quantities released to comply with the flood 
     curve requirements of the Corps of Engineers.
       ``(3) Use of uncontracted water.--If a consultation 
     conducted 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 water under paragraph (1).
       ``(4) State water law.--All releases and downstream uses 
     authorized under paragraph (1) shall be in accordance with 
     Oregon State water law.
       ``(b) Annual Release Schedule.--The Commissioner of 
     Reclamation, in consultation with the Assistant Administrator 
     of Fisheries of the National Marine Fisheries Service and the 
     Director of the United States Fish and Wildlife Service, 
     shall develop annual release schedules for the remaining 
     stored water quantities (including the quantities described 
     in subsection (a) and the water serving as mitigation for 
     City of Prineville groundwater pumping pursuant to section 4) 
     that maximizes, to the maximum extent practicable, benefits 
     to downstream fish and wildlife.
       ``(c) Carryover.--Any water stored under subsection (a) in 
     1 water year that is not released during the water year--
       ``(1) shall be carried over to the subsequent water year; 
     and
       ``(2)(A) may be released for downstream fish and wildlife 
     resources, consistent with subsection (b), until the 
     reservoir reaches maximum capacity in the subsequent water 
     year; and
       ``(B) once the reservoir reaches maximum capacity under 
     subparagraph (A), shall be credited to the `first fill' 
     storage quantities, but not to exceed the maximum `first 
     fill' storage quantities described in section 6(a).
       ``(d) Effect.--Nothing in this section affects the 
     authority of the Commissioner of Reclamation to perform all 
     other traditional and routine activities associated with the 
     Crooked River Project.

     ``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 Assistant Administrator of Fisheries 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)).

[[Page H9294]]

       (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 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. HYDROPOWER DECISION.

       Not later than 3 years after the date of enactment of this 
     Act, the Commissioner of Reclamation shall determine the 
     applicability of the jurisdiction of the Commissioner of 
     Reclamation to non-Federal hydropower development pursuant 
     to--
       (1) the Memorandum of Understanding between the Federal 
     Energy Regulatory Commission and the Bureau of Reclamation, 
     Department of the Interior, entitled ``Establishment of 
     Processes for the Early Resolution of Issues Related to the 
     Timely Development of Non-Federal Hydroelectric power at the 
     Bureau of Reclamation Facilities'' and signed November 6, 
     1992 (58 Fed. Reg. 3269); or
       (2) any memorandum of understanding that is subsequent or 
     related to the memorandum of understanding described in 
     paragraph (1).

     SEC. 8. 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); 
     or
       (2) alters any responsibilities under Oregon State law or 
     Federal law, including section 7 of the Endangered Species 
     Act (16 U.S.C. 1536).

  Mr. WALDEN (during the reading). Madam Speaker, I ask unanimous 
consent that the amendment be considered as read.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Oregon?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________