[Senate Report 106-489]
[From the U.S. Government Publishing Office]
Calendar No. 938
106th Congress Report
SENATE
2d Session 106-489
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KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000
_______
October 4 (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. 2882]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2882) to authorize the Bureau of
Reclamation to conduct certain feasibility studies to augment
water supplies for the Klamath Project, Oregon and California,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Klamath Basin Water Supply
Enhancement Act of 2000''.
SEC. 2. AUTHORIZATION TO CONDUCT FEASIBILITY STUDIES.
In order to help meet the growing water needs in the Klamath River
basin, to improve water quality, to facilitate the efforts of the State
of Oregon to resolve water rights claims in the Upper Klamath River
Basin including facilitation of Klamath tribal rights claims, and to
reduce conflicts over water between the Upper and Lower Klamath Basins,
the Secretary of the Interior (hereinafter referred to as the
``Secretary'') is authorized and directed, in consultation with
affected state, local and tribal interests, stakeholder groups and the
interested public, to engage in feasibility studies of the following
proposals related to the Upper Klamath Basin and the Klamath Project, a
federal reclamation project in Oregon and California.
(1) Increasingly the storage capacity, and/or the yield of
Klamath Project facilities while improving water quality,
consistent with the protection of fish and wildlife;
(2) the potential for development of additional Klamath Basin
groundwater supplies to improve water quantity and quality,
including the effect of such groundwater development on non-
project lands, groundwater and surface water supplies, and fish
and wildlife;
(3) the potential for further innovations in the use of
existing water resources, or market-based approaches, in order
to meet growing water needs consistent with state water law.
SEC. 3. ADDITIONAL STUDIES.
(a) Non-Project Lands.--The Secretary may enter into an agreement
with the Oregon Department of Water Resources to fund studies relating
to the water supply needs of non-project lands in the Upper Klamath
Basin.
(b) Surveys.--To further the purposes of this Act, the Secretary is
authorized to compile information on native fish species in the Upper
Klamath River Basin, upstream of Upper Klamath Lake. Wherever possible,
the Secretary should use data already developed by Federal agencies and
other stakeholders in the Basin.
(c) Hydrologic Studies.--The Secretary is directed to complete
ongoing hydrologic surveys in the Klamath River Basin currently being
conducted by the U.S. Geological Survey.
(d) Reporting Requirements.--The Secretary shall submit the
findings of the studies conducted under section 2 and Section 3(a) of
this Act to the Congress within 90 days of each study's completion,
together with any recommendations for projects.
SEC. 4. LIMITATION.
Activities funded under this Act shall not be considered a
supplemental or additional benefit under the Act of June 17, 1902 (82
Stat. 388) and all Acts amendatory thereof or supplementary thereto.
SEC. 5. WATER RIGHTS.
Nothing in this Act shall be construed to--
(1) create, by implication or otherwise, any reserved water
right or other right to the use of water;
(2) invalidate, preempt, or create any exception to State
water law or an interstate compact governing water;
(3) alter the rights of any State to any appropriated share
of the waters of any body or surface or groundwater, whether
determined by past or future interstate compacts or by past or
future legislative or final judicial allocations;
(4) preempt or modify any State of Federal law or interstate
compact dealing with water quality or disposal; or
(5) confer upon any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any groundwater resources.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized such sums as necessary to carry out the
purposes of this Act. Activities conducted under this Act shall be non-
reimbursable and non-returnable.
purpose of the measure
The purpose of S. 2882, as ordered reported, is to
authorize Bureau of Reclamation to conduct certain feasibility
studies to augment water supplies for the Klamath Project,
Oregon and California, and for other purposes.
background and need
The Klamath Project (the Project) on the Oregon-California
border is one of the earliest Federal reclamation projects. In
early 1905, the Oregon and California State Legislatures ceded
title to Lower Klamath and Tule Lakes to the United States for
project development under provisions of the Reclamation Act of
1902. Construction was authorized on May 15, 1905, for project
works to drain and reclaim lakebed lands of the Lower Klamath
and Tule Lakes; store waters of the Klamath and Lost Rivers;
divert irrigation supplies; and control flooding of the
reclaimed lands.
There are two main water supplies for the Project. One
consists of Upper Klamath lake and the Klamath River. The other
consists of Clear Lake Reservoir, Gerber Reservoir and Lost
River, which are located in a closed basin.
The Project features consist of Link River Dam and
Reservoir, Gerber Dam and Reservoir, and Clear Lake Dam and
Reservoir, additional diversion dams, 5 major pumping plants
and 18 canals with a total length of 185 miles. The project
area includes 233,625 acres of irrigable lands. There are
approximately 22,000 acres of land leased to farmers on the
Lower Klamath and Tule Lake National Wildlife Refuges.
The principal crops grown in this area are cereal grains,
alfalfa hay, onions, potatoes, and grass seed. Water is also
used to irrigate pastures for beef cattle. The area is noted
for the production of malting barley. The average irrigation
season extends from April through September.
There has been growing concern about meeting the competing
needs of needs of farmers, fish, tribes, and wildlife refuges.
Within the basin, a consensus is developing on the need to
increase overall water supplies in order to meet these growing
needs and enhance the environment. The Bureau of Reclamation
has undertaken a water supply initiative study. The Federal
Government has acquired the Agency Lake Ranch property for the
purpose of inundating it with 30,000 to 40,000 acre-feet of
water during the periods when Upper Klamath Lake would
otherwise spill. In addition, the water users helped the Fish
and Wildlife Service secure $3.6 million for refuge water
supply augmentation.
The water rights in this basin are not adjudicated. Oregon
is trying to use an alternative process to formal adjudication.
The tribes and Federal irrigators have been working to resolve
issues.
As ordered reported, S. 2882 provides the Secretary of the
Interior with the authority to conduct certain feasibility
studies in the Klamath Basin designed to increase water
supplies and improve water management and water quality in the
Upper Basin. It is the Committee's intent that the Secretary
will take into consideration all the water needs in the Klamath
Basin in conducting these feasibility studies and making
recommendations, including the water needs of fish and
wildlife; refuge areas; tribes; non-project irrigators; and
irrigators who receive water from the Federal reclamation
project.
legislative history
S. 2882 was introduced by Senator Smith of Oregon on July
17, 2000. The Subcommittee on Water and Power held a hearing on
the bill on July 25, 2000. At the business meeting on September
20, 2000, the Committee on Energy and Natural Resources ordered
S. 2882, as amended, favorably reported.
committee recommendation
The Committee on Energy and Natural Resources, in open
business session on September 20, 2000, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
2882, if amended as described herein.
committee amendment
During the consideration of S. 2882, the Committee adopted
an amendment in the nature of a substitute that removes the
construction authorization, clarifies the scope of the
feasibility studies, and authorizes the Secretary to fund a
feasibility study of non-project lands.
section-by-section analysis
Section 1 designates a short title.
Section 2 authorizes the Secretary of the Interior to
conduct feasibility studies of 3 identified proposals related
to the Upper Klamath Basin and the Klamath Project. These
studies are to be conducted in consultation with affected
State, local and tribal interests, stakeholder groups, and the
interested public. The studies are authorized to help meet the
growing water needs in the Klamath Basin, to improve water
quality, to facilitate resolution of water rights claims, and
to reduce conflicts over water in the Upper and Lower Klamath
Basins.
Section 3 authorizes additional studies. The Secretary may
enter into an agreement with the Oregon Department of Water
Resources to fund studies relating to the water supply needs of
non-project lands in the Upper Klamath Basin. The Secretary is
authorized to compile information on native fish species, and
where possible, is to use data already developed by Federal
agencies and other stakeholders. The Secretary is also directed
to compete ongoing hydrologic surveys. Findings of studies
conducted under section 2 and section 3(a) (water needs non-
project lands) are to be submitted to Congress within 90 days
of each study's completion, together with any recommendations
for projects.
Section 4 provides that activities funded by this Act shall
not be considered a supplemental or additional benefit under
Reclamation law.
Section 5 provides that no existing water rights shall be
affected by the Act.
Section 6 authorizes such sums as necessary and provides
that activities conducted under the Act shall be non-
reimbursable and non-returnable.
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. 2882. 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. 2882, as ordered reported.
Executive communications
On, August 4, 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. 2882. These
reports had not been received at the time the report on S. 2882
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
Commissioner of the Bureau of Reclamation at the Subcommittee
hearing follows:
Statement of Robert T. Anderson, Counselor to the Secretary, Department
of the Interior
Thank you for the opportunity to present the
Administration's views on S. 2882, the Klamath Basin Water
Supply Enhancement Act of 2000. The Administration opposes this
bill as drafted but could support the bill if changes outlined
below are made.
For the last decade, the conflict over water availability
in the Klamath Basin has escalated and the competition for
water supplies has increased. While much of the focus has been
on operation of the Bureau of Reclamation (Reclamation) Klamath
Project, there are myriad factors which affect the availability
of water for meeting the Klamath Basin needs as well as a
number of potentially competing uses. For example, the water
rights of the Klamath Basin remain unadjudicated. While the
courts have reaffirmed the existence of senior Indian water
rights, these rights have not yet been quantified. The
Department of the Interior (Interior) has trust
responsibilities for the Klamath Basin tribes. In the upper
basin there are two endangered fish, the Lost River sucker and
the short nose sucker. Down river, the coho salmon is listed as
threatened, under the Endangered Species Act. Four national
wildlife refuges--Clear Lake, Tule Lake, Lower Klamath and
Upper Klamath--were established to enhance migratory bird
populations and are currently facing water shortages. Farmers
dependent on the Klamath Project are facing annual uncertainty
over water availability. Appropriators junior to the Klamath
Project may face an even more uncertain water supply. In short,
it has become apparent that in dry years there is not enough
water to meet all basin needs.
There are many processes currently underway to grapple with
these seemingly intractable water use conflicts. In the upper
Klamath Basin, the State of Oregon is in the process of
adjudicating water rights. Recognizing the potential for
parties to negotiate settlement of their water rights claims
prior to final adjudication, Oregon is conducting a parallel
alternative dispute resolution (ADR) process. Interior, the
U.S. Forest Service, and the Klamath Basin tribes are active
participants in the ADR, as are many others with interest in
the outcome of the adjudication. While that process may be far
from resolution, parties to the ADR agree on two points: (1)
there is a great potential to develop additional water supply
and (2) increased water supplies are a key element in
accomplishing negotiated settlements.
In addition to our participation in the ADR process,
Interior is working with other agencies, tribes, and
stakeholders in other forums to help resolve these conflicts
over water. In all these activities, it has become clear that
the solution involves finding additional water supplies and
managing water supplies to achieve efficiencies. Therefore, the
Administration is encouraged that the Oregon delegation would
lend such important support to an effort to expand the
manageable water supply in the Basin. We believe that, with a
few changes, S. 2882 will move the interested parties toward
solutions that address the needs of all in the Basin.
S. 2882 would authorize and direct the Secretary of the
Interior to engage in feasibility studies of proposals: (1) to
increase the storage capacity and/or yield of the Klamath
Project, (2) to develop additional Klamath Basin groundwater
supplies to improve water quantity and quality, and (3) for the
use of the water made available by activities authorized by
this bill. Once Congress has had 90 calendar days to review the
feasibility studies, and the requirements of the National
Environmental Policy Act have been fulfilled, the Secretary is
authorized to commence planning, design and construction. The
United States would pay all of the costs associated with this
legislation, including feasibility studies, design, planning
and construction.
We believe enactment of the feasibility studies proposed in
S. 2882 if amended would benefit the threatened and endangered
fish species as well as the four national wildlife refuges in
the Klamath Basin. In addition, water made available by
strategies studied under S. 2882 could play a key role in the
adjudication of Indian and private irrigation water rights
claims. The Administration strongly supports provisions in S.
2882 requiring compliance with Federal law, including the
National Environmental Policy Act and Endangered Species Act,
to ensure public involvement and resolution of environmental
issues prior to implementation. For these reasons, the
Administration supports authorizing the feasibility studies and
the planning and design of facility modifications and for
ground water development.
The Department and others recognize the potential to
augment the water supply by modifying Klamath Project features
and developing groundwater supplies. Interior is confident that
the feasibility studies will demonstrate that there are steps
that can be taken to alleviate the very real potential for
shortages in the near future. The Administration recognizes
there are tribal trust and wildlife refuge aspects that must be
considered in focusing studies and allocating costs.
However, the Administration cannot support: (1) authorizing
construction prior to completion of Administration and
Congressional review of feasibility studies, and (2) making all
activities authorized under this bill non-reimbursable and non-
returnable. Longstanding Administration policy opposes
simultaneously authorizing feasibility reports and
construction. Additionally, we oppose provisions making 100
percent of construction costs reimbursable up front, as
Reclamation policy calls for assigning costs based on a
feasibility study according to project purposes with
beneficiaries assuming appropriate levels of repayment
responsibility. Therefore, Section 3 should be deleted. Under
Section 7, the United States would pay 100 percent of the costs
of the feasibility reports despite the benefits the studies
could have for the State, power and irrigation interests, among
others. Normally Administration policy has the United States
bear 50 percent of the feasibility study costs with appropriate
non-Federal interests contributing 50 percent. However, the
factors discussed above may justify some flexibility on this
standard.
This concludes my testimony. I would be pleased 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. 2882, as
ordered reported.