[Senate Report 106-431]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 853
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-431

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             WATER RESOURCES IN THE SALMON CREEK WATERSHED

                                _______
                                

  September 28 (legislative day, September 22), 2000.--Ordered to be 
                                printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2951]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2951) to authorize the Commissioner of 
Reclamation to conduct a study to investigate opportunities to 
better manage the water resources in the Salmon Creek watershed 
of the upper Columbia River, having considered the same, 
reports favorably thereon with amendments and an amendment to 
the title and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. In section 1(a), strike ``The Commissioner of 
Reclamation'' and replace with ``The Secretary of the 
Interior''.
    2. After section (b), add the following:

          (c) Cost Share.--The Federal government's cost share 
        for the feasibility study shall not exceed 50 percent.

    3. Amend the title so as to read: ``To authorize the 
Secretary of the Interior to conduct a study to investigate 
opportunities to better manage the water resources in the 
Salmon Creek watershed of the upper Columbia River.''.

                         purpose of the measure

    The purpose of S. 2951 is to authorize the Secretary of the 
Interior to conduct a study to investigate opportunities to 
better manage the water resources in the Salmon Creek watershed 
of the upper Columbia River. The purpose of the study is to 
derive the benefits of and further the objectives of a study 
done by the Confederated Tribes of the Colville Reservation and 
the Okanagan Irrigation District. The Federal Government's 
share for the cost of the study shall be 50 percent.

                          background and need

    Salmon Creek, a tributary to the Okanogan River, is part of 
the Okanogan River Basin in north central Washington, on the 
eastern slope of the North Cascade Range. Draining about 167 
square miles, the Salmon Creek watershed contains about 66 
miles of perennial streams. The 119 square mile upper Salmon 
watershed is drained by North Fork, West Fork, and South Fork 
of Salmon Creek, which flow into Conconully Reservoir.
    Large differences occur in maximum, average, and median 
monthly flows in the creek, indicating how variable flow is 
from year to year. Water is released from the reservoirs during 
the irrigation season to accommodate the Okanogan Irrigation 
District water users' needs. The District's diversion of the 
creek waters into its water delivery system during the later 
months of the irrigation season completely dewaters the lower 
4.3 mile reach of Salmon Creek. The natural runoff of the creek 
water in the spring has built up a large rock barrier at its 
confluence with the Okanogan River creating a barrier to 
natural fish migration.
    The 12 miles between Conconully Reservoir and the 
District's diversion have been documented as excellent spawning 
and rearing habitat for salmon. The upper reaches of Salmon 
Creek, above the district's diversion, have also been 
identified as favorable rearing habitat for fish. In light of 
the national focus on fish restoration, the District in 
conjunction with the Confederated Tribes of the Colville 
Reservation have joined in a collaborative effort to study, and 
if sufficient funding can be obtained, implement a series of 
projects to restore natural fish runs in Salmon Creek.
    The Colville Tribes' interest in pursuing restoration of 
fish runs in the Okanogan and Columbia Rivers led them to 
consider Salmon Creek, tributary to the Okanogan River, as a 
viable project. Because the District depends almost entirely on 
Salmon Creek water, including dewatering of the lower reaches 
in the summer months, the District became keenly interested in 
the Colville Tribes' activities. After an in-depth study, the 
Tribes and District agreed on 7 projects that would conserve 
water in the District, allocate water for instream flow for 
fish enhancement, and provide the District with the water 
necessary to meet its water users' needs. Implementing these 
projects is very important to the District. The District's 
continued assurance of water delivery service while 
facilitating fish restoration is essential to the economic 
stability of the mid-Okanogan Valley area, including Omak and 
Okanogan, Washington.

                          LEGISLATIVE HISTORY

    S. 2951 was introduced by Senator Gorton on July 27, 2000. 
The Subcommittee on Water and Power held a hearing on the bill 
on September 19, 2000. At the business meeting on September 20, 
2000, the Committee on Energy and Natural Resources ordered S. 
2951, as amended, favorably reported.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Committee on Energy and Natural Resources, in open 
business session on September 20, 2000, by a unanimous voice 
vote with a quorum present, recommends that the Senate pass S. 
2951 if amended as described herein.

                          COMMITTEE AMENDMENTS

    During the consideration of S. 2951, the committee adopted 
(1) an amendment that authorized the Secretary of the Interior, 
rather than the Commissioner of Reclamation, to conduct the 
feasibility study, an amendment that limited the Federal 
Government's cost share for the study to 50 percent of the 
total cost and an amendment to the title.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2951. The bill is not a regulatory measure in 
the sense of imposing government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2951, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On, September 14, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2951. These 
reports had not been received at the time the report on S. 2951 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the Acting 
Chief of Staff of the Bureau of Reclamation at the Subcommittee 
hearing follows:

    Statement of Robert J. Quint, Acting Chief of Staff, Bureau of 
                Reclamation, Department of the Interior

    Thank you for the opportunity to provide the views of the 
Department of the Interior on S. 2951. This bill would 
authorize the Commissioner of the Bureau of Reclamation to 
study water management in the Salmon Creek Watershed in 
Washington. The Okanogan Irrigation District and the Colville 
Confederated Tribes are very interested in identifying 
opportunities to restore salmon and steelhead populations, and 
maintaining water deliveries to irrigators in this watershed.
    The Administration could support the bill if amended to 
address two technical concerns. First, the Secretary of the 
Interior as opposed to the Commissioner of the Bureau of 
Reclamation is the appropriate official to conduct the study, 
given the breadth of fish, tribal and water issues involved. 
Section 1 should be amended accordingly.
    Second, Section 1 should also clarify that the study will 
be cost shared 50-50 which is the appropriate cost share for a 
feasibility study such as this.
    Thank you for holding this hearing. I would be happy to 
answer any questions you may have.


                        changes in existing law


    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2951, as 
ordered reported.

                                  
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