[House Report 109-636]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-636
======================================================================
OREGON WATER RESOURCES MANAGEMENT ACT OF 2006
_______
September 6, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 5079]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 5079) to provide for the modification of an amendatory
repayment contract between the Secretary of the Interior and
the North Unit Irrigation District, and for other purposes,
having considered the same, report favorably thereon with
amendment and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Water Resources Management Act
of 2006''.
SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION IN
DESCHUTES RIVER CONSERVANCY.
Section 301 of the Oregon Resource Conservation Act of 1996 (division
B of Public Law 104-208; 110 Stat. 3009-534) is amended--
(1) in subsection (a)(1), by striking ``Deschutes River Basin
Working Group'' and inserting ``Deschutes River Conservancy
Working Group'';
(2) by amending the text of subsection (a)(1)(B) to read as
follows: ``4 representatives of private interests including two
from irrigated agriculture who actively farm more than 100
acres of irrigated land and are not irrigation district
managers and two from the environmental community;'';
(3) in subsection (b)(3), by inserting before the final
period the following: ``, and up to a total amount of
$2,000,000 during each of fiscal years 2006 through 2015''; and
(4) in subsection (h), by inserting before the period at the
end the following: ``, and $2,000,000 for each of fiscal years
2006 through 2015''.
SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT.
(a) Definitions.--In this section, the following definitions apply:
(1) Associated ditch companies, incorporated.--The term
``Associated Ditch Companies, Incorporated'' means the
nonprofit corporation established under the laws of the State
of Oregon that operates Wallowa Lake Dam.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
(3) Wallowa lake dam rehabilitation program.--The term
``Wallowa Lake Dam Rehabilitation Program'' means the program
for the rehabilitation of the Wallowa Lake Dam in Oregon, as
contained in the engineering document titled, ``Phase I Dam
Assessment and Preliminary Engineering Design'', dated December
2002, and on file with the Bureau of Reclamation.
(b) Authorization to Participate in Program.--
(1) Grants and cooperative agreements.--The Secretary may
provide grants to, or enter into cooperative or other
agreements with, tribal, State, and local governmental entities
and the Associated Ditch Companies, Incorporated, to plan,
design, and construct facilities needed to implement the
Wallowa Lake Dam Rehabilitation Program.
(2) Conditions.--As a condition of providing funds under
paragraph (1), the Secretary shall ensure that--
(A) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the
dam safety program of the State of Oregon;
(B) the Associated Ditch Companies, Incorporated,
agrees to assume liability for any work performed, or
supervised, with Federal funds provided to it under
this section; and
(C) the United States shall not be liable for damages
of any kind arising out of any act, omission, or
occurrence relating to a facility rehabilitated or
constructed with Federal funds provided under this
section, both while and after activities are conducted
using Federal funds provided under this section.
(3) Cost sharing.--
(A) In general.--The Federal share of the costs of
activities authorized under this section shall not
exceed 50 percent.
(B) Exclusions from federal share.--There shall not
be credited against the Federal share of such costs--
(i) any expenditure by the Bonneville Power
Administration in the Wallowa River watershed;
and
(ii) expenditures made by individual
agricultural producers in any Federal commodity
or conservation program.
(4) Compliance with state law.--The Secretary, in carrying
out this section, shall comply with applicable Oregon State
water law.
(5) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this section.
(6) Prohibition on operation and maintenance.--The Federal
Government shall not be responsible for the operation and
maintenance of any facility constructed or rehabilitated under
this section.
(c) Relationship to Other Law.--Activities funded under this section
shall not be considered a supplemental or additional benefit under
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.)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to pay the Federal share of the costs of
activities authorized under this section, $6,000,000.
(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.
SEC. 4. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER RESOURCE
STUDY.
(a) Authorization.--The Secretary of the Interior, acting through the
Bureau of Reclamation, may participate in the Water for Irrigation,
Streams and the Economy Project water management feasibility study and
environmental impact statement in accordance with the ``Memorandum of
Agreement Between City of Medford and Bureau of Reclamation for the
Water for Irrigation, Streams, and the Economy Project'', dated July 2,
2004.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this section.
(2) Non-federal share.--
(A) In general.--The non-Federal share shall be 50
percent of the total costs of the Bureau of Reclamation
in carrying out subsection (a).
(B) Form.--The non-Federal share required under
subparagraph (A) may be in the form of any in-kind
services that the Secretary of the Interior determines
would contribute substantially toward the conduct and
completion of the study and environmental impact
statement required under subsection (a).
(c) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.
SEC. 5. NORTH UNIT IRRIGATION DISTRICT.
(a) Short Title.--This section may be cited as the ``North Unit
Irrigation District Act of 2006''.
(b) Amendment.--The Act of August 10, 1954 (68 Stat. 679, chapter
663), is amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:
``SEC. 3. ADDITIONAL TERMS.
``On approval of the District directors and notwithstanding project
authorizing legislation to the contrary, the Contract is modified,
without further action by the Secretary of the Interior, to include the
following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a maximum
of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the standards
upon which the classification was made are described in the
document entitled ``Land Classification, North Unit, Deschutes
Project, 1953'' which is on file in the office of the Regional
Director, Bureau of Reclamation, Boise, Idaho, and in the
office of the District' and inserting `The classified irrigable
land within the project comprises 58,902.8 irrigable acres, all
of which are authorized to receive irrigation water pursuant to
water rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time so
long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the North Unit
Irrigation District Act of 2006, the annual installment for
each year, for the District, under the Contract, on account of
the District's construction charge obligation, shall be a fixed
and equal annual amount payable on June 30 the year following
the year for which it is applicable, such that the District's
total construction charge obligation shall be completely paid
by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and for
instream purposes, including fish or wildlife purposes, to the
extent that such use is required by Oregon State law in order
for the District to engage in, or take advantage of, conserved
water projects as authorized by Oregon State law,' after `and
incidental stock and domestic uses', by inserting `and for
instream purposes as described above,' after `irrigation, stock
and domestic uses', and by inserting `, including natural flow
rights out of the Crooked River held by the District' after
`irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and for
instream purposes, including fish or wildlife purposes, to the
extent that such use is required by Oregon State law in order
for the District to engage in, or take advantage of, conserved
water projects as authorized by Oregon State law' after
`provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall furnish
to the United States certified copies of such decrees and of
all pertinent supporting records.' after `for that purpose.'.
``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
``The Secretary of the Interior (acting through the Commissioner of
Reclamation) may in the future renegotiate with the District such terms
of the Contract as the District directors determine to be necessary,
only upon the written request of the District directors and the consent
of the Commissioner of Reclamation.''.
Amend the title so as to read:
A bill to update the management of Oregon water resources, and
for other purposes.
Purpose of the Bill
The purpose of H.R. 5079, as ordered reported, is to update
the management of Oregon water resources, and for other
purposes.
Background and Need for Legislation
Originally formed in 1916, the North Unit Irrigation
District is one of seven irrigation districts located in
central Oregon and provides irrigated water to approximately
59,000 acres of farmland. Of that farmland, the District
provides irrigation water to 49,900 acres, associated with the
Bureau of Reclamation's Deschutes Project, while the remaining
9,000 acres are irrigated using water from the privately
developed Crooked River diversion.
In 1954, Congress authorized through Public Law 83-573
construction of the Haystack Dam and approved a contract
between the Bureau of Reclamation and the District. That
contract established, among other things, project costs,
repayment terms, operations and maintenance charges, and the
maximum allowable acreage that could be irrigated from federal
project water. Recent changes in State law have caused the need
to amend the contract.
Specifically, Oregon law requires irrigation districts that
want to participate in a publicly financed ``conserved water
project'' to dedicate a portion of conserved water to instream
flows for fish, wildlife or other purposes. The District would
like to consider participation in a publicly financed
conservation water project, but the contract terms limit water
use from the federal project to irrigation purposes only. The
legislation allows the District to comply with State law if it
chooses to participate in a conserved water project.
The amended contract language would allow the District to
deliver Deschutes Project water to families who are currently
irrigating 9,000 acres of land in the District with Crooked
River water. All of these lands are within the District's
present boundary, have been irrigated for decades, and have
appurtenant water rights issued by the State. Using Deschutes
Project water on these lands will allow the District to divert
less Crooked River water and leave more water instream. For the
District to shift its reliance to Deschutes Project water
supplies, it must first conserve the necessary water or secure
conserved water from another water district.
The District states that this legislation will enable it to
conserve water, to return a portion of the conserved water to
the Deschutes River, and ultimately to use less water from the
Crooked River, thereby benefitting fish and wildlife. The
legislation is specific to the District, and it would not
affect any other district in the Deschutes Project, its
patrons, or any others in Oregon. The Department of the
Interior has formally acknowledged the District's legal
situation, that Congressional authorization is needed, and that
it will work cooperatively with the District in resolving these
problems.
As ordered reported, the bill also includes various other
water projects affecting the State of Oregon. These are
described more specifically below.
Committee Action
H.R. 5079 was introduced on April 4, 2006, by Congressman
Greg Walden (R-OR). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Water and Power. On May 10, 2006, the Subcommittee held a
hearing on the bill. On June 21, 2006, the Full Resources
Committee met to consider the bill. The Subcommittee on Water
and Power was discharged from further consideration of the bill
by unanimous consent. Congressman George Radanovich (R-CA)
offered an amendment in the nature of a substitute to
incorporate legislative language from H.R. 5019, S. 166, and S.
251 into H.R. 5079. The amendment was adopted by unanimous
consent. The bill, as amended, was then ordered favorably
reported to the House of Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
This section cites the short title of the bill as the
``Oregon Water Resources Management Act of 2006''.
Section 2. Extension of participation of Bureau of Reclamation in
Deschutes River Conservancy
This section amends Section 301 of the Oregon Resource
Conservation Act of 1996 (division B of Public Law 104-208). It
replaces references to the ``Deschutes River Basin Working
Group'' with the ``Deschutes River Conservancy Working Group,''
and redesignates the background requirements for two
representatives nominated to the Working Group. Finally it
increases authorization of appropriations to $2 million per
year, and extends that authorization until fiscal year 2015.
This language is taken from S. 166.
Section 3. Wallowa Lake Dam Rehabilitation Act
This section authorizes the Bureau of Reclamation to
participate with the Associated Ditch Companies in the
planning, design, and construction of facilities needed to
implement the Wallowa Lake Dam Rehabilitation Program. The
federal share of costs will not exceed 50%, and no funds will
be used for facility operations and maintenance. There is
authorized to be appropriated $6 million, and the authority to
carry out any provisions of this section shall terminate in 10
years. This language is taken from H.R. 5019.
Section 4. Little Butte/Bear Creek Subbasins, Oregon water resource
study
This section authorizes the Bureau of Reclamation to
participate, with the City of Medford, Oregon, in the Water for
Irrigation, Streams and the Economy Project water management
feasibility study. There is authorized to be appropriated
$500,000 to carry out this study and it includes a 50% federal
cost share. The authority to carry out any provisions of this
section shall terminate in 10 years. This language is taken
from S. 251.
Section 5. North Unit Irrigation District
This section amends a repayment contract (#14-06-W-71),
authorized in Public Law 83-573, between the Bureau of
Reclamation and the North Unit Irrigation District in Oregon.
As amended, it changes the irrigated land available to receive
water from the Bureau of Reclamation's Deschutes Project from
50,000 acres to 59,000 acres. It also changes the repayment
terms from a variable rate to a fixed rate. Additionally, it
authorizes the Secretary of the Interior to renegotiate
contract terms upon the written request of the Irrigation
District.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8, clause 3 of the Constitution of the
United States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. According to the Congressional
Budget Office, enacting this bill will increase offsetting
receipts by less than $100,000 a year.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to update the
management of Oregon water resources, and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 5079--Oregon Water Resources Management Act of 2006
Summary: H.R. 5079 would authorize the appropriation of
$16.5 million over the 2007-2011 period, and another $8 million
over the 2012-2015 period for river restoration and water
management projects in Oregon. Assuming appropriation of the
authorized amounts, CBO estimates that implementing H.R. 5079
would cost $2 million in 2007 and $14 million over the 2007-
2011 period (the remaining funds would be spent after 2011).
The bill also would amend certain provisions of a contract
between the Department of the Interior and Oregon's North Unit
Irrigation District. Enacting this section would increase
federal collections by less than $100,000 a year. (Such
collections are recorded as offsetting receipts, a credit
against direct spending.) Enacting this bill would not affect
revenues.
H.R. 5079 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
the bill would benefit state, local, and tribal governments and
any costs to those governments would be incurred voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5079 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Deschutes River Restoration Projects:
Authorization Level............................................ 2 2 2 2 2
Estimated Outlays.............................................. * 1 2 2 2
Wallowa Lake Dam Rehabilitation:
Estimated Authorization Level.................................. 2 2 2 0 0
Estimated Outlays.............................................. 1 2 2 1 0
Water Management Study:
Authorization Level............................................ 0.5 0 0 0 0
Estimated Outlays.............................................. 0.5 0 0 0 0
Total Changes:
Estimated Authorization Level.............................. 5 4 4 2 2
Estimated Outlays.......................................... 2 3 4 3 2
----------------------------------------------------------------------------------------------------------------
NOTE: * = less than $500,000.
Basis of estimate
For this estimate, CBO assumes that H.R. 5097 will be
enacted near the start of fiscal year 2007 and that amounts
specified will be appropriated beginning in 2007. Estimates of
outlays are based on historical spending patterns for similar
Bureau of Reclamation activities.
Spending subject to appropriation
H.R. 5079 would authorize the appropriation of $16.5
million over the 2007-2011 period, and an additional $8 million
to be authorized over the 2012-2015 period. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 5079 would cost $2 million in 2007 and $14
million over the 2007-2011 period (additional amounts would be
spent after 2011). As described below, these amounts would be
primarily used for the Bureau of Reclamation restoration and
water management activities in Oregon.
Deschutes River Restoration Projects. Section 2 would
authorize the appropriation of $12 million over the 2006-2011
period and $8 million over the 2012-2015 period for ecosystem
projects administered by the bureau in the Deschutes River
basin region. Assuming appropriation of the authorized amounts,
CBO estimates that the project would cost $7 million over the
2007-2011 period, with the remaining funds to be spent after
2011.
Wallowa Lake Dam Rehabilitation. Section 3 would authorize
the appropriation of $6 million for the bureau's share of the
cost to participate in the Wallowa Lake Dam rehabilitation. CBO
expects that $2 million would be provided each year over the
2007-2009 period. Appropriation of the authorized amount would
result in discretionary spending of $6 million over the 2007-
2011 period.
Water Management Study. Section 4 would authorize the
appropriation of $500,000 to the bureau to participate in a
water management study of the Little Butte and Bear Creek
watersheds in Medford, Oregon. The study would identify ways to
meet future water supply needs and to improve water quality,
conservation, and storage measures. Assuming appropriation of
the authorized amounts, the study would cost $500,000 in 2007.
Direct spending
H.R. 5079 would amend the North Unit's Irrigation District
repayment contract with the Department of the Interior. Under
current law, payments would be completed within the next 35 to
45 years. H.R. 5079 would amend the terms of the district's
contract with the department by setting a fixed annual payment,
and require the district's total obligation to be paid to the
department by 2044. CBO estimates that enacting H.R. 5079 would
increase offsetting receipts by less than $100,000 a year.
Intergovernmental and private-sector impact: H.R. 5079
contains no intergovernmental or private-sector mandates as
defined in UMRA. Enacting this bill would benefit state, local,
and tribal governments by authorizing funds for restoration
projects; any costs that they might incur would result from
complying with conditions for receiving federal assistance.
Previous CBO estimates: CBO transmitted three cost
estimates for bills that include similar provisions to those
contained in H.R. 5079. On February 14, 2005, CBO transmitted a
cost estimate for S. 231, the Wallowa Lake Dam Rehabilitation
and Water Management Act of 2005, as ordered reported by the
Senate Committee on Energy and Natural Resources on February 9,
2005. Both S. 231 and H.R. 5079 authorize appropriations for
Wallowa Lake Dam rehabilitation, but H.R. 5079 limits the
authorization of appropriations to phase I projects. H.R. 5079
would not result in an increase in direct spending by the
Bonneville Power Administration as CBO estimated under S. 231.
On October 7, 2005, CBO transmitted a cost estimate for S.
166, the Deschutes River Conservancy Reauthorization Act of
2005, as ordered reported by the Senate Committee on Energy and
Natural Resources on September 28, 2005. Both S. 166 and H.R.
5097 would authorize appropriations to restore the Deschutes
River basin. The differences in the cost estimates for those
provisions are due to different assumed dates of enactment.
On October 7, 2005, CBO transmitted a cost estimate for S.
251, the Little Butte/Bear Creek Subbasins Water Feasibility
Act, as ordered reported by the Senate Committee on Energy and
Natural Resources on September 28, 2005. Both S. 251 and H.R.
5079 would authorize the appropriation of $0.5 million for a
water management feasibility study.
Estimate prepared by: Federal costs: Julie Middleton;
Impact on state, local, and tribal governments: Lisa Ramirez-
Branum; Impact on the private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 301 OF THE OREGON RESOURCE CONSERVATION ACT OF 1996
SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group'' means
the [Deschutes River Basin Working Group] Deschutes
River Conservancy Working Group established before the
date of enactment of this title, consisting of members
nominated by their represented groups, including:
(A) * * *
(B) [4 representatives of private interests
including two each from irrigated agriculture
and the environmental community;] 4
representatives of private interests including
two from irrigated agriculture who actively
farm more than 100 acres of irrigated land and
are not irrigation district managers and two
from the environmental community;
* * * * * * *
(b) In General.--
(1) * * *
* * * * * * *
(3) The Bureau of Reclamation shall pay from funds
authorized under subsection (h) of this title up to 50
percent of the cost of performing any project proposed
by the Working Group and approved by the Secretary, up
to a total amount of $1,000,000 during each of the
fiscal years 1997 through 2001, and up to a total
amount of $2,000,000 during each of fiscal years 2002
through 2006, and up to a total amount of $2,000,000
during each of fiscal years 2006 through 2015.
* * * * * * *
(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this title
$1,000,000 for each of fiscal years 1997 through 2001 and
$2,000,000 for each of fiscal years 2002 through 2006, and
$2,000,000 for each of fiscal years 2006 through 2015.
----------
ACT OF AUGUST 10, 1954
AN ACT To approve an amendatory repayment contract negotiated with the
North Unit irrigation district, to authorize construction of Haystack
Reservoir on the Deschutes Federal reclamation project, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
contract with the North Unit irrigation district (referred to
in this Act as the ``District'') in form substantially similar
to that approved by the district directors on July 31, 1953
(referred to in this Act as the ``Contract''), which has been
negotiated by the Secretary of the Interior pursuant to section
7, subsection (a), of the Reclamation Project Act of 1939 (53
Stat. 1187, 1192; 43 U.S.C., 1946 edition, sec. 485), is
approved and the Secretary of the Interior is authorized to
execute it on behalf of the United States.
* * * * * * *
SEC. 3. ADDITIONAL TERMS.
On approval of the District directors and notwithstanding
project authorizing legislation to the contrary, the Contract
is modified, without further action by the Secretary of the
Interior, to include the following modifications:
(1) In Article 8(a) of the Contract, by deleting ``a
maximum of 50,000'' and inserting ``approximately
59,000'' after ``irrigation service to''.
(2) In Article 11(a) of the Contract, by deleting
``The classified irrigable lands within the project
comprise 49,817.75 irrigable acres, of which 35,773.75
acres are in Class A and 14,044.40 in Class B. These
lands and the standards upon which the classification
was made are described in the document entitled `Land
Classification, North Unit, Deschutes Project, 1953'
which is on file in the office of the Regional
Director, Bureau of Reclamation, Boise, Idaho, and in
the office of the District'' and inserting ``The
classified irrigable land within the project comprises
58,902.8 irrigable acres, all of which are authorized
to receive irrigation water pursuant to water rights
issued by the State of Oregon and have in the past
received water pursuant to such State water rights.''.
(3) In Article 11(c) of the Contract, by deleting ``,
with the approval of the Secretary,'' after ``District
may'', by deleting ``the 49,817.75 acre maximum limit
on the irrigable area is not exceeded'' and inserting
``irrigation service is provided to no more than
approximately 59,000 acres and no amendment to the
District boundary is required'' after ``time so long
as''.
(4) In Article 11(d) of the Contract, by inserting
``, and may further be used for instream purposes,
including fish or wildlife purposes, to the extent that
such use is required by Oregon State law in order for
the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State
law'' after ``herein provided''.
(5) By adding at the end of Article 12(d) the
following: ``(e) Notwithstanding the above subsections
of this Article or Article 13 below, beginning with the
irrigation season immediately following the date of
enactment of the North Unit Irrigation District Act of
2006, the annual installment for each year, for the
District, under the Contract, on account of the
District's construction charge obligation, shall be a
fixed and equal annual amount payable on June 30 the
year following the year for which it is applicable,
such that the District's total construction charge
obligation shall be completely paid by June 30,
2044.''.
(6) In Article 14(a) of the Contract, by inserting
``and for instream purposes, including fish or wildlife
purposes, to the extent that such use is required by
Oregon State law in order for the District to engage
in, or take advantage of, conserved water projects as
authorized by Oregon State law,'' after ``and
incidental stock and domestic uses'', by inserting
``and for instream purposes as described above,'' after
``irrigation, stock and domestic uses'', and by
inserting ``, including natural flow rights out of the
Crooked River held by the District'' after ``irrigation
system''.
(7) In Article 29(a) of the Contract, by inserting
``and for instream purposes, including fish or wildlife
purposes, to the extent that such use is required by
Oregon State law in order for the District to engage
in, or take advantage of, conserved water projects as
authorized by Oregon State law'' after ``provided in
article 11''.
(8) In Article 34 of the Contract, by deleting ``The
District, after the election and upon the execution of
this contract, shall promptly secure final decree of
the proper State court approving and confirming this
contract and decreeing and adjudging it to be a lawful,
valid, and binding general obligation of the District.
The District shall furnish to the United States
certified copies of such decrees and of all pertinent
supporting records.'' after ``for that purpose.''.
SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
The Secretary of the Interior (acting through the
Commissioner of Reclamation) may in the future renegotiate with
the District such terms of the Contract as the District
directors determine to be necessary, only upon the written
request of the District directors and the consent of the
Commissioner of Reclamation.