[Senate Report 115-107]
[From the U.S. Government Publishing Office]
Calendar No. 143
115th Congress} { Report
SENATE
1st Session } { 115-107
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YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT PHASE III ACT OF 2017
_______
June 13, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 714]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 714) to amend Public Law 103-434 to
authorize Phase III of the Yakima River Basin Water Enhancement
Project for the purpose of improving water management in the
Yakima River basin, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
Purpose
The purpose of S. 714 is to amend Public Law 103-434 to
authorize Phase III of the Yakima River Basin Water Enhancement
Project for the purposes of improving water management in the
Yakima River basin.
Background and Need
The legislation seeks to address long-term water supply
challenges and environmental needs in the Yakima Basin by
authorizing Phase III of the Yakima River Basin Water
Enhancement Project (YRBWEP Phase III). Phase III is the first
phase of the Yakima River Basin Integrated Water Resource Plan
(Integrated Plan), an adaptive watershed management plan for
the Yakima River Basin. The legislation seeks to improve the
reliability and sustainability of water supplies to meet
agricultural, municipal, and environmental needs, and to
restore the ecosystems and habitat of the Basin for fish,
wildlife, and recreation purposes.
The Yakima Basin encompasses about 6,155 square miles in
south-central Washington. The Yakima River originates in the
Cascade Mountains and flows nearly 215 miles to its confluence
with the Columbia River and is the longest river located
entirely within the state. Upper elevations of the Basin
primarily contain wilderness and public lands; middle
elevations support dry and irrigated agriculture and cattle
grazing; and lower elevations support irrigated agriculture.
The Basin is one of the most productive agricultural regions in
the state, producing billions of dollars a year in agricultural
income--with apples, hops, grapes, and other fruits and
vegetables as the primary cash crops. The Basin has experienced
water supply challenges since irrigated agriculture began in
the late 19th century and became the predominant economic
engine of the region in the 20th and 21st centuries.
The Basin is also home to the Confederated Tribes and Bands
of the Yakama Nation. The Yakama Nation signed a treaty with
the U.S. in 1855 and American settlers began to establish
permanent settlements and irrigated agriculture in the region
in the 1850s and 1860s. In 1905, the Bureau of Reclamation
(Reclamation) was authorized to build the Yakima Project to
support irrigated agriculture in the Basin. One of the oldest
Reclamation projects in the U.S., the Yakima Project today
includes six major storage dams and reservoirs, several
hydropower facilities, and seven divisions that serve 464,000
acres of irrigated land.
Water shortages and litigation in the first half of the
20th century led to a court decree in 1945, which established
that irrigators throughout the Basin would share water
shortages equally in times of drought. An adjudication of the
Basin's water rights was filed in 1977 and the Yakama Nation
filed suit to adjudicate the tribe's rights, which have the
oldest priority date and thus seniority in the system.
Subsequent growth further strained an already over-allocated
water supply--contributing to ongoing water shortages,
litigation, and conflict in the Basin.
Drought in the 1970s led to the Congressional authorization
of the Yakima River Basin Water Enhancement Project (YRBWEP
Phase I) in 1979 to alleviate water shortages, promote water
conservation, and improve fish passage. YRBWEP Phase I was
later amended in 1994 (title XII of Public Law 103-434) with a
further focus on water conservation (YRBWEP Phase II).
In 2009, Reclamation and the State of Washington formed a
Work Group to develop a consensus-based solution for the Basin.
The Work Group evaluated various water supply options and
supported the completion of a Yakima River Basin Study
conducted under the Department of the Interior's WaterSMART
Program in 2010, which built on decades of other project
studies in the Basin. The Study evaluated current and future
water demand scenarios in the Basin in relation to potential
water supplies and found that increasing temperatures,
decreasing snowpack, and drought are likely to intensify in
coming decades.
To address these challenges, the Work Group engaged in a
collaborative, locally-driven process to develop an integrated
water resource management plan for addressing agricultural,
municipal, tribal, and environmental water needs. A joint
Programmatic Environmental Impact Statement for this integrated
plan was completed by Reclamation and the State of Washington
in 2012. The State subsequently appropriated $162 million to
implement the plan, including $132 million in 2013 and an
additional $30 million in 2015. S. 714 authorizes Federal
participation in a subset of activities associated with the
plan, to be implemented over a decade, and building on the
original YRBWEP legislation.
Legislative History
Senators Cantwell and Murray introduced S. 714 on March 23,
2017.
In the 114th Congress, similar legislation, S. 1694, was
introduced by Senators Cantwell and Murray on June 25, 2015.
The Energy and Natural Resources Committee conducted a hearing
on S. 1694 on July 7, 2015. On November 19, 2015, the Committee
met in open business session and ordered S. 1694 favorably
reported with an amendment in the nature of a substitute (S.
Rept. 114-187).
The measure was included in Amendment No. 3234, which the
Senate agreed to on April 19, 2016, as an amendment to S. 2012,
the Energy Policy Modernization Act of 2016, which the Senate
passed, as amended, on April 20, 2016.
Representatives Reichert and Newhouse introduced companion
legislation, H.R. 4686, in the House of Representatives on
March 3, 2016.
The Committee on Energy and Natural Resources met in open
business session on March 30, 2017, and ordered S. 714
favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on March 30, 2017, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
714. Senator Lee requested that his vote be recorded as nay.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides a short title.
Section 2. Modification of terms, purposes, and definitions
Section 2(a) amends title XII of Public Law 103-434 (YRBWEP
Phase II) to modify certain terms and headings.
Subsection (b) amends section 1201 of Public Law 103-434 to
modify the purposes of YRBWEP to include water management
activities to achieve fish and wildlife benefits; to include
improvements in the reliability of municipal, industrial and
domestic water supplies and uses; to realize at least 85,000
acre feet of water conservation savings from the initial
development phase of the Integrated Plan in addition to the
165,000 acre feet of water savings targeted through the Basin
Conservation Program, as authorized on October 31, 1994; to
encourage the use of water transfers, leasing, markets, and
other voluntary transactions; to improve the resilience of the
ecosystems, economies, and communities as they face drought and
hydrologic changes; and to authorize and implement the Yakima
River Basin Integrated Water Resource Plan as Phase III of
YRBWEP.
Subsection (c) amends section 1202 of Public Law 103-434 to
include definitions for the following terms: ``designated
Federal official,'' ``Integrated Plan; Yakima River Basin
Integrated Water Resource Plan,'' ``municipal, industrial, and
domestic water supply and use,'' ``proratable irrigation
entity,'' and ``Yakima Enhancement Project; Yakima River Basin
Water Enhancement Project.''
Section 3. Yakima River Basin Water Conservation Program
Section 3 amends section 1203 of Public Law 103-434 to make
a number of technical or clarifying changes. This section
amends section 1203(c)(3) of Public Law 103-434 by directing
the Conservation Advisory Group to provide recommendations to
advance the purposes and programs of the Yakima Enhancement
Project, including the Integrated Plan and amends section
1203(c)(4) by tasking the designated Federal official to
provide logistical support for Conservation Advisory Group
meetings, including the use of a facilitator to serve as a
moderator.
Section 3 further adds a new provision to section 1203(d)
of Public Law 103-434 by authorizing the State or the Federal
government to fund up to the 17.5 percent local cost share of
the Basin Conservation Program in exchange for the long-term
use of the conserved water. Any such funding provided by the
Federal government must provide a quantifiable public benefit
in meeting federal responsibilities in the Basin. Water
resulting from conservation measures is made available for
water management uses pursuant to the title.
Additionally, this section amends section 1203(i) of Public
Law 103-434 to include management actions and to allow water
acquisition efforts to continue as needed to provide water to
be used by the Yakima Project Manager for instream flow
purposes. This section also amends section 1203(j) to allow for
voluntary water acquisitions to provide improved instream flows
for anadromous and resident fish and other aquatic life.
Section 4. Yakima basin water projects, operations, and
authorizations
Section 4(a) amends section 1204 of Public Law 103-434 to
increase the existing authorization amount from $23 million to
$100 million and to redesignate the Yakima Indian Nation as the
Yakama Nation.
Subsection (b) amends section 1205 of Public Law 103-434 to
make a number of technical changes and to designate additional
purposes for the Yakima Project, including to recover and
maintain self-sustaining harvestable populations of native
fish, both anadromous and resident species; to protect,
mitigate, and enhance aquatic life and wildlife; recreation;
and municipal, industrial, and domestic use.
Subsection (c) amends section 1206(a)(1) of Public Law 103-
434 to increase the existing authorization amount from $2
million to $12 million for the development of additional
storage capacity at Lake Cle Elum.
Subsection (d) amends section 1207 of Public Law 103-434 to
make a number of technical changes. This section authorizes the
Secretary, in consultation with the State and the Yakama
Nation, and on agreement of appropriate water entities, to
conduct studies to evaluate measures for water enhancements in
the Yakima Basin tributaries. The Secretary is further
authorized to implement measures to promote tributary flow
enhancements subject to the condition that such activities may
not commence until the applicable and required feasibility
studies, environmental reviews, and cost-benefit analyses are
completed and include favorable recommendations for further
project development. Additionally, the Secretary is authorized
to implement nonstorage, as well as nonsurface storage
measures, upon the agreement of willing water rights owners,
the State and the Yakama Nation.
Subsection (e) amends section 1208(d) of Public Law 103-434
to make a clarifying change.
Subsection (f) amends section 1210(c) of Public Law 103-434
to increase the existing authorization amount for updates to
the Interim Comprehensive Basin Operating Plan from $100,000 to
$200,000 to complete that work.
Subsection (g) amends section 1211 of Public Law 103-434 to
increase the existing authorization amount from $2 million to
$5 million for environmental compliance activities in the
Yakima River Basin.
Section 5. Authorization of Phase III of Yakima River Basin Water
Enhancement Project
Section 5 amends title XII of Public Law 103-434 by adding
a new section 1213 to authorize YRBWEP Phase III. The new
section 1213(a) directs the Secretary, in coordination with the
State and the Yakama Nation, to implement the Integrated Plan
as YRBWEP Phase III, subject to feasibility studies,
environmental reviews, cost-benefit analyses and available
appropriations. The new section 1213(a)(2) specifies a number
of authorized activities, including: completing upstream and
downstream fish passage at Cle Elum Reservoir and another
Yakima Project Reservoir; negotiating long-term agreements
regarding a pumping plant and associated facilities to access
and deliver inactive storage at Kachess Reservoir and a
conveyance system to allow water transfers from Keechelus
Reservoir to Kachess Reservoir (``K to K Pipeline'');
participating in, providing funding for, and accepting non-
federal financing for water conservation projects intended to
conserve 85,000 acre-feet of water and for aquifer storage and
recovery projects; conducting studies, feasibility analyses,
and environmental reviews of fish passage, water supply,
conservation, habitat restoration projects, and other
alternatives; coordinating with and assisting the State in
implementing a robust water market to enhance water management
in the Yakima River Basin; and entering into cooperative
agreements with, or making grants to, the Yakama Nation, the
State, or other entities subject to a 50 percent non-federal
cost-sharing requirement.
The new section 1213(a)(3) directs the Secretary, in
coordination with the State and in consultation with the Yakama
Nation, to develop plans for the intermediate and final
development phases of the Integrated Plan. The intermediate
phase is to commence not later than 10 years after the date of
enactment of this Act and the final phase is to commence not
later than 20 years after the date of enactment of this Act,
subject to authorization and appropriation.
The new section 1213(a)(4) sets forth a number of
contingencies to implementation, including the opportunity for
public review, a Secretarial determination that the design,
construction, and operation of a proposed project is in the
public's best interest, and that the work be done in compliance
with all applicable laws, including the National Environmental
Policy Act and the Endangered Species Act.
The new section 1213(a)(5) directs the Secretary, in
conjunction with the State and in consultation with the Yakama
Nation, to submit a progress report to Congress on the
development and implementation of the Integrated Plan not later
than five years after the date of enactment of this Act. The
report must identify the amount of federal funding and non-
federal contributions received during that period and should
identify any additional projects and activities proposed for
inclusion in any future phase of the Integrated Plan.
The new section 1213(b)(1) stipulates that long-term
agreements shall be negotiated between the Secretary and
participating proratable irrigation entities in the Yakima
Basin for the financing, construction, operation, and
maintenance of the Kachess Drought Relief Pumping Plant and the
K to K Pipeline. New paragraph (2) provides that water made
available from construction and operation of facilities at
Kachess Reservoir must exclusively be used to enhance water
supply when the total water supply available in the Yakima
Project is not sufficient to provide 70 percent of proratable
irrigation district entitlements. New paragraph (3) provides
that activities pursuant to these agreements shall not commence
until stipulated criteria are met, including completion of
environmental reviews and a finding that activities are in the
public interest. New paragraph (4) directs the Administrator of
the Bonneville Power Administration to provide project power to
operate the Kachess Pumping Plant during times of drought at no
more than the applicable Tier 1 rate. New paragraph (4)(F)
provides that the cost of power for the Kachess Reservoir
drought relief project must be borne by irrigation districts
receiving benefits from the project.
The new section 1213(c) authorizes the Secretary to provide
technical assistance for and participate in groundwater
recharge projects, such as aquifer storage and recovery
projects.
The new section 1213(d) specifies that the federal cost
share for projects authorized under this section will be
determined in accordance with Reclamation law and policy. The
Secretary is authorized to accept contributions by the State
and other participating entities toward implementation of the
Integrated Plan. This section further requires that the federal
cost share for the initial development phase of the Integrated
Plan shall not exceed 50 percent of the total cost of the
initial development phase and that federal funds may not be
used to provide the non-federal cost-share unless otherwise
specified.
The new section 1213(e) contains a number of savings
clauses, including upholding existing contracts.
Section 5 also amends title XII of Public Law 103-434 by
adding a new section 1214 regarding the operational control of
water supplies. This new section stipulates that the Secretary
retains the authority and discretion over the management of
project supplies to optimize operational use and flexibility to
ensure compliance with all applicable Federal and State laws,
treaty rights of the Yakama Nation, and legal obligations,
including those contained in this Act.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 714 would expand the purposes of federal water projects
in the Yakima River Basin in the State of Washington. Those
expansions would aim to increase the amount of water available
for communities and irrigation systems during drought years and
to restore fish populations, wetlands, and ecosystems in the
basin. The bill also would direct the Bureau of Reclamation
(BOR) to develop plans to construct projects in the region.
Based on information from BOR, CBO estimates that implementing
the legislation would cost $59 million over the 2018-2022
period and about $240 million after 2022, assuming
appropriation of the authorized and necessary amounts.
Enacting S. 714 could affect direct spending if nonfederal
partners contribute funds for BOR to construct certain local
projects; therefore, pay-as-you-go procedures apply. However,
CBO estimates that the net effect of collecting and spending
such contributions would be negligible. Enacting S. 714 would
not affect revenues.
CBO estimates that enacting the bill would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 714 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary effects of S. 714 are 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--
----------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Wapato Irrigation and Cle Elum Dam
Projects:
Estimated Authorization Level........ 0 8 8 8 7 6 37
Estimated Outlays.................... 0 5 7 8 7 7 34
Water Projects in Yakima Basin
Tributaries:
Estimated Authorization Level........ 0 2 4 4 4 4 18
Estimated Outlays.................... 0 1 3 4 4 4 16
Other Provisions:
Estimated Authorization Level........ 0 2 2 2 2 2 10
Estimated Outlays.................... 0 1 2 2 2 2 9
Total Changes:...................
Estimated Authorization Level........ 0 12 14 14 13 12 65
Estimated Outlays.................... 0 7 12 14 13 13 59
----------------------------------------------------------------------------------------------------------------
Note: Implementing the bill would cost about $240 million after 2022, assuming appropriation of the authorized
and estimated amounts.
Basis of estimate: For this estimate, CBO assumes that S.
714 will be enacted near the end of 2017, that the specified
and estimated amounts will be appropriated each year, and that
outlays will follow the historical rate of spending for similar
activities.
S. 714 would authorize BOR to modify and complete certain
water projects and to construct new ones in the Yakima River
Basin. Under the bill, the federal share of the costs to
complete those projects could not exceed 50 percent.
Wapato Irrigation and Cle Elum Dam Projects
S. 714 would increase the ceiling on amounts authorized to
be appropriated for improving the Wapato Irrigation Project by
$77 million (for a total authorization level of $100 million)
and for raising the height of the Cle Elum Dam by $9 million
(for a total authorization level of $12 million). The bill also
would increase the ceiling on amounts authorized to be
appropriated for environmental oversight of those projects by
$3 million (for a total authorization level of $5 million).
Based on information from BOR about the construction schedules
and time required to complete this work, CBO estimates that
implementing those provisions would cost $34 million over 2018-
2022 period and $55 million in the decade after 2022. CBO
estimates most of the spending would occur after 2022 because
improvements to the Wapato Irrigation Project are expected to
take about 15 years to complete.
Water Projects in the Yakima Basin Tributaries
S. 714 would authorize BOR to conduct studies and construct
projects to increase water supplies and to facilitate transfers
of water in tributaries of the Yakima River for irrigation,
recharging groundwater, and restoring riparian habitats. Based
on information from BOR about how this new authority would be
used, CBO expects BOR would use this authority to pursue
projects in the Kittitas Reclamation District. BOR also would
probably implement several other smaller projects in the Yakima
Basin Tributaries. Under the bill, all construction costs for
eligible projects would be a federal responsibility and could
reach $200 million, including $120 million for the Kittitas
projects, CBO estimates. (The amount of funding for those
projects is not specified by the legislation.) Over the 2018-
2022 period, CBO estimates that conducting feasibility studies
and environmental reviews would cost $16 million. Most of the
costs for constructing those projects would occur after 2022.
Other Provisions
S. 714 would authorize the construction of projects to
access water in Lake Kachess and to construct a pipeline
between the Keechelus Reservoir and Lake Kachess to manage
water supplies during periods of drought. Based on information
from BOR, CBO estimates that constructing those projects would
cost $350 million but, under the bill, no federal funds could
be used for those purposes. Instead, BOR would be authorized to
negotiate agreements with the state or other nonfederal
entities to fully fund and construct those projects.
How such agreements would work is uncertain. One
possibility is that funds for construction could be donated to
the federal government by the state or other parties and spent
by BOR. Under such an agreement, donations would be recorded in
the federal budget as an increase in offsetting receipts,
(which are recorded in the budget as reductions in direct
spending), and the expenditure of those funds would be recorded
as an increase in direct spending. In that scenario the net
effect on direct spending would not be significant. The costs
to provide oversight and review of those projects would be a
federal responsibility. Based on information from BOR, CBO
estimates that providing oversight of the Keechelus and Kachess
projects, and preparing other plans required by the bill would
cost a total of $9 million over the 2018-2022 period.
Pay-As-You-Go considerations: Enacting S. 714 could affect
direct spending if nonfederal partners contribute funds for BOR
to construct certain local projects; therefore, pay-as-you-go
procedures apply. However, the net effect of collecting and
spending those contributions would be negligible. Enacting S.
714 would not affect revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 714 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: S. 714
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit state and local governments
in Washington, as well as tribes of the Yakama Nation, by
authorizing financial and technical assistance for water
infrastructure and conservation projects. Any costs incurred by
those entities, including matching contributions, would be
incurred voluntarily.
Estimate prepared by: Federal costs: Aurora Swanson; impact
on state, local, and tribal governments: Jon Sperl; impact on
the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
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. 714. 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. 714, as ordered reported.
Congressionally Directed Spending
S. 714, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
Because S. 714 is similar to legislation considered by the
Committee in the 114th Congress, the Committee did not request
Executive Agency views. The testimony provided by the
Department of the Interior at the hearing before the Energy and
Natural Resources Committee on July 7, 2015, follows:
Statement of Tom Iseman, Deputy Assistant Secretary for Water and
Science, U.S. Department of the Interior
Chairman Murkowski, Ranking Member Cantwell and members of
the Committee, thank you for the opportunity to provide the
initial views of the Department of the Interior (Department) on
S. 1694, legislation to implement Phase III of the Yakima River
Basin Water Enhancement Project (YRBWEP). I am Tom Iseman,
Deputy Assistant Secretary for Water and Science at the
Department of the Interior. The Department continues to review
the recently introduced version of S. 1694 and as such would
like to work with the sponsor and this Committee to offer
additional input on the bill and to address some initial
concerns with the bill as discussed later in this testimony.
The Department is an ongoing federal participant in Phase III,
also known as the Integrated Plan, and this testimony will
address areas where S. 1694 is consistent with that role. The
Department supports the goals of S. 1694, which are consistent
with the Department's ongoing coordination with our State
partners and all Basin interests to find solutions to the long-
term imbalance between water supply and demand in the Yakima
Basin.
The YRBWEP Workgroup, formed in 2009, developed the Yakima
River Basin Integrated Water Resources Management Plan, which
is a partnership between Bureau of Reclamation (Reclamation),
Washington State Department of Ecology, the Yakama Nation,
irrigation districts, local governments, non-governmental
organizations, and several other Federal and state agencies. It
is exactly the kind of broad-based, consensus-driven
cooperation that is essential to successful modern water
resources management. As a long-term, collaborative process,
the YRBWEP helps Reclamation continue to implement the Yakama
Nation Settlement Agreement, and has progressed through two
prior phases to arrive at Phase III, the Yakima River Basin
Integrated Water Resources Management Plan, or Integrated Plan.
YRBWEP and the Integrated Plan have their roots in the
original authorization of a joint Federal-state feasibility
study in 1979 (PL 96-162). In this statute, Congress directed
Reclamation to conduct a feasibility study of the Yakima River
Basin Water Enhancement Project and develop a plan that would
provide supplemental water for currently irrigated lands, water
for new lands within the Yakama Indian Reservation, increased
instream flows for aquatic life, and a comprehensive plan for
efficient management of existing basin water supplies.
Early in the YRBWEP study process, fish passage problems
were identified as needing immediate attention and in 1984,
Congress authorized YRBWEP Phase I (Section 109 of PL 98-381),
which primarily involved rebuilding fish ladders and
constructing fish screens on river diversions. The YRBWEP study
proceeded through the 1980s, but was not fully completed
primarily due to uncertainties associated with the adjudication
of basin surface water rights that began in 1977. Consequently,
Congress passed additional legislation in 1994 (PL 103-434),
for what is generally referred to as YRBWEP Phase II. This
legislation provided for significant water conservation and
acquisition activities, studies to define the long-term water
needs of fish and current irrigators, improvements to the
Wapato Irrigation Project, and development of a plan for
management of basin water supplies.
The broad-based, consensus-driven nature of YRBWEP Phases I
and II has been established through the development of many
relationships, building diverse support for continued
implementation of a broad range of projects as part of Phase
III. The elements of this plan, and associated activities, were
never envisioned to be stand-alone, individual efforts, but
rather broad-based collaborative efforts that strive to
integrate elements of interests held by each stakeholder.
Still, while prioritizing Federal support, both financially and
administratively, we have a responsibility to ensure that
available resources are put to their highest and best use,
utilized for the most cost-effective elements that have a
strong Federal interest. This has been the approach used in the
Administration's recent Budgets, as discussed below. As a
corollary to this Federal support, in June 2013, the Washington
State Legislature affirmed their support for the Integrated
Plan in statute (SSSB 5367) and provided $132 million to begin
implementation of the plan.
The current lack of facilities in which to store the full
water supply of the basin, operational constraints, and legal
framework affecting water resources in the Yakima River Basin
illustrate the challenges for residents, businesses, tribal
communities, and ecosystem resources. The Integrated Plan is
aimed at addressing these challenges, which include:
Water reliability for the Yakama Nation: the
Integrated Plan approach will help assure the ability to meet
Tribal water supply needs, and offers an alternative to
expensive and time-consuming litigation to resolve treaty
issues.
Proratable water users receive sharply diminished
supplies from the Yakima Project during severe drought years,
in one year as little as 38% of their full allotment. Junior
users can be cut off completely. This reduces agricultural
production and associated jobs in the basin. For those who grow
tree fruit, this could cause early loss of trees, which could
have remained economically productive, sometimes for many
additional years.
Most municipal and domestic water users in the
basin rely on junior water rights for their drinking water
supplies. The Yakama Nation and irrigation users, including
proratable irrigation users, hold water rights and entitlements
that are senior to most municipal and domestic uses. Municipal
and domestic users live with a very real risk that their
supplies could be cut off as a result of litigation brought by
senior water users under drought conditions. This affects
current residents and also limits the ability of local
communities to grow and develop. The State of Washington and
local governments have identified averting such litigation as a
key objective.
Scientists studying the effects of global climate
change on the Columbia River Basin project that less water will
be stored in the Cascade Range snowpack in future decades
compared with current conditions. Snowpack currently provides a
substantial portion of runoff to the Yakima River basin, and
reduced snowpack in the future would compromise water supply,
streamflow, and aquatic habitat conditions. There is no single
type of action that can address the multiple effects of climate
change on snowpack, runoff conditions, water temperature,
aquatic life, and forest health. Reclamation and Ecology
believe that an integrated approach that includes consideration
of water storage, water conservation, streamflow management,
fish passage, and habitat improvements offers the best
opportunity to mitigate climate change impacts on the Yakima
basin's aquatic habitat and economy.
Forest resources, land and terrestrial habitat of
the Yakima basin also face risks from climate change, large
wildfires, fragmented ownership, and land-use practices. These
risks exacerbate the other risks to water resources and aquatic
habitats. The Integrated Plan includes approaches to coordinate
land management and water management to help manage these
risks.
The Integrated Plan encompasses seven elements: habitat and
watershed protection and enhancement; reservoir fish passage;
surface storage; enhanced water conservation; structural and
operational changes; groundwater storage; and the use of
market-based forces to reallocate water and habitat among
willing buyers and sellers. The goals of the Integrated Plan
are to protect, mitigate, and enhance fish and wildlife
habitat; provide increased operational flexibility to manage
instream flows to meet ecological objectives; and improve the
reliability of the water supply for irrigation, municipal
supply and domestic uses.
Because of this history, a strong foundation of planning,
study and diverse support underlies the YRBWEP and the
Integrated Plan. Reclamation and Ecology completed a final
Programmatic Environmental Impact Statement (PEIS) for the
Integrated Plan in March 2012, and a Record of Decision (ROD)
was signed in 2013. Under Phase II, Reclamation completed eight
basin conservation plans and five feasibility-level
conservation plans with two more feasibility plans to be
completed this year.
The President's FY 2016 request is $12.8 million for
currently authorized YRBWEP activities consistent with Phase II
and the Integrated Plan that are cost-effective and have a
strong Federal interest. The YRBWEP has been part of the
President's request consistently each year because of its nexus
with several mission areas for the Department, and because of
the multiple benefits that the current process makes possible,
such as avoiding water resources conflicts that might otherwise
occur and achieving both ecological and economic benefits in
the basin. By linking several elements together for shared
progress, YRBWEP is meaningfully increasing the reliability of
the irrigation water supply and benefiting anadromous fish in
the Yakima River basin. Dozens of activities are underway and
in various stages of implementation. For example, the river
levee set-back project in Yakima, Washington, is now complete
and was jointly funded by Reclamation, the U.S. Army Corps of
Engineers (Corps) and the City of Yakima, and provides multiple
local benefits including fish and wildlife benefits, increased
flood protection and improved water quality. Reclamation is
currently in the design phase of a similar project near
Ellensburg, Washington.
Additionally, Reclamation, along with several Federal,
state, local and private partners, completed the Manastash
Creek Conservation and Tributary Enhancement Project, which was
the first construction project included in the Integrated Plan,
and was completed in 2014. This project is considered a major
success because portions of the stream that have been
seasonally dewatered for over 100 years are now flowing year-
round, and steelhead can be found in the stream. Other projects
include providing permanent fish passage at Cle Elum Dam;
construction is scheduled to begin this year and is being co-
funded by Reclamation and the State of Washington, which will
help meet Reclamation's obligation for fish passage under the
Yakama Nation Settlement Agreement, in addition to continuing
acquisitions of land and water on the Yakima River and its
tributaries where there exists a high potential for improved
fisheries and watershed conditions. As of 2015, approximately
40,000 acre-feet (af) of water has been acquired for instream
flows by Phase II projects and over 13,000 af has been
conserved to improve irrigation supplies in drought years.
These diverse projects combine planning, grant-making and
direct construction through many partnerships.
This legislation specifically directs the completion of
construction of fish passage at Cle Elum dam and at least one
other Yakima Basin reservoir within the next ten years. This is
extremely important to the Yakama Nation and various federal
and state fishery agencies. Restoration of fish passage in the
Yakima Basin is culturally significant and fish passage at the
dams will open up tens of miles of pristine fish habitat
currently inaccessible above the dams.
The Department would like to work with the sponsor's office
and this committee to clarify the authorities that are utilized
in the Yakima River Basin and altered by this bill,
particularly those in Section 4(c) and Section 5. As currently
drafted, we do not interpret the authorization provided in this
bill to extend to the construction or raise of any large dams
in the Basin, with the exception of Cle Elum Dam, despite their
inclusion in the overall Integrated plan, the provision in
Section 2(b)(8), and the provisions added by Section 5. In
general, we interpret authorities added by this bill to be
limited to carrying out those elements currently identified as
the `Initial Development Phase' of the Integrated Plan. We
would also like to work with the committee regarding the fish
recovery language at sections 2(b)(1) and 4(b)(3) [bill pages 2
and 15], the treaty language at 4(b) [bill page 12], and the
instream flow language at section 4(b)(2) [bill page 14].
This legislation also allows for the irrigation districts
to construct a facility to access a significant amount of water
stored in the inactive pool of Kachess Reservoir. This will
provide proratable irrigation districts with the additional
water needed to increase their supply in drought years from a
climate-model estimated low of 20-30% up to 70%. This
legislation will also allow additional funds for water
conservation on the Yakama Reservation, which is the largest
irrigator in the basin and has a significant conservation need,
to be able to help the entire basin with more efficient use of
limited water supplies. Additional funds for the Cle Elum pool
raise project are authorized which will allow control of
another 14,600 af of water that can be used in ways beneficial
to fish. There are many other benefits to this legislation, but
the last I will mention here is that it allows the Secretary to
accept cost share for many of these projects which allows
Federal dollars to be leveraged to achieve more conservation.
The Integrated Plan has also provided for unprecedented
collaboration between irrigation districts, the Yakama Nation
and fish agencies, which can best be described by the recent
example of Kittitas Reclamation District's (KRD) efforts to
relieve hardships to local streams from drought. KRD has turned
on siphons and water gates in its canals that provide flows to
Manastash Creek and five other upstream Yakima River
tributaries. Under an agreement with Reclamation, Ecology, the
Yakama Nation and in consultation with the state Department of
Fish & Wildlife, Yakima Project water is being routed through
KRD canals on its way to downstream diverters and passed
through these small creeks. It then flows back to the same
river it came from and it is available for diversions further
down the Yakima River. This is being done in a manner that has
no impact on the total water supply and still improves flow,
fish habitat and vegetation lining creek banks.
Implementation of the YRBWEP is based on a funding strategy
that includes the premise that projects with Federal
participation will be cost-shared by Federal and non-Federal
entities. For example, the State of Washington and Reclamation
have signed a Memorandum of Agreement to provide 50-50 cost-
share for the Cle Elum Dam Fish Passage Project, and the
beneficiaries of the Kachess Drought Relief Pumping Plant have
suggested that they will fund both capital and operations and
maintenance (O&M) costs of that project. Additionally, several
habitat enhancement and agricultural conservation projects are
being funded by Federal, state, and local governments.
S. 1694 is being introduced at an opportune time when
stakeholders understand the urgency in implementing many
elements of the Integrated Plan and are willing funding
partners, able to take on the operations and maintenance (O&M)
of various elements of YRBWEP projects, thus taking the full
funding and O&M burden off the federal budget. This unique
opportunity is a result of many years of collaboration with a
diverse group of stakeholders who have traditionally held
opposing views but are now cooperatively working together to
achieve real, tangible results. This legislation is essential
in maintaining the momentum that has been built.
As stated above, while the Administration supports YRBWEP
activities that are cost-effective and have a strong Federal
interest through its budget request and through ongoing
activities at other agencies, the Department is still
completing its review of the introduced version of S. 1694. We
understand it has undergone several recent revisions up through
the preceding days, and we appreciate having been part of some
of those revisions. The Department still needs to closely
complete review of the introduced bill to determine its
consistency--both from a budgetary perspective as well as a
programmatic view--with the agreed-to elements in YRBWEP and
the Integrated Plan. While the Department supports the
sponsor's intention to authorize continued federal
participation in the implementation of the Integrated Plan
(a.k.a. YRBWEP Phase III), we look forward to working with the
bill's sponsor and the Committee to address specific elements
of the bill once we have had the opportunity to conduct further
analysis. The Department supports the goals of S. 1694;
however, we reserve the right to submit additional comments on
the bill in the future.
This concludes my written statement. I would be pleased to
answer questions at the appropriate time.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original 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):
Public Law 103-434, as amended
* * * * * * *
TITLE XII--YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT
SEC. 1201. PURPOSES.
The purposes of this title are--
[(1) to protect, mitigate, and enhance fish and
wildlife through improved water management; improved
instream flows; improved water quality; protection,
creation and enhancement of wetlands; and by other
appropriate means of habitat improvement;]
(1) to protect, mitigate, and enhance fish and
wildlife and the recovery and maintenance of self-
sustaining harvestable populations of fish and other
aquatic life, both anadromous and resident species,
throughout their historic distribution range in the
Yakima Basin through--
(A) improved water management and the
constructions of fish passage at storage and
diversion dams, as authorized under the Hoover
Power Plant Act of 1984 (43 U.S.C. 619 et
seq.);
(B) improved instream flows and water
supplies;
(C) improved water quality, watershed, and
ecosystem function;
(D) protection, creation, and enhancement of
wetlands; and
(E) other appropriate means of habitat
improvement;
(2) to improve the reliability of water supply for
irrigation, municipal, industrial, and domestic water
supply and use purposes, especially during drought
years, including reducing the frequency and severity of
water supply shortages for pro-ratable irrigation
entities;
(3) to authorize the Secretary to make water
available for purchase or lease for meeting municipal,
industrial, and domestic water supply purposes;
[(3)] (4) to authorize a Yakima River basin water
conservation program that will improve the efficiency
of water delivery and use; enhance basin water
supplies; improve water quality; protect, create and
enhance wetlands; and determine the amount of basin
water needs that can be met by water conservation
measures;
[(4) to realize sufficient water savings from the
Yakima River Basin Water Conservation Program so that
not less than 40,000 acre-feet of water savings per
year are achieved by the end of the fourth year of the
Basin Conservation Program, and not less than 110,000
acre-feet of water savings per year are achieved by the
end of the eighth year of the program, to protect and
enhance fish and wildlife resources; and not less than
55,000 acre feet of water savings per year are achieved
by the end of the eighth year of the program for
availability for irrigation;]
(5) to realize sufficient water savings from
implementing the Yakima River Basin Integrated Water
Resource Management Plan, so that not less than 85,000
acre feet of water savings are achieved by implementing
the first phase of the Integrated Plan pursuant to
section 1213(a), in addition to the 165,000 acre feet
of water savings targeted through the Basin
Conservation Program, as authorized on October 31,
1994;
[(5)] (6) to encourage an increase in voluntary
transactions among public and private entities which
result in the implementation of water conservation
measures, practices, and facilities; [and]
(7) to encourage an increase in the use of, and
reduce the barriers to, water transfers, leasing,
markets, and other voluntary transactions among public
and private entities to enhance water management in the
Yakima River basin;
[(6)] (8) to provide for the implementation by the
[Yakama Indian] Yakama Nation at its sole discretion of
(A) an irrigation demonstration project on the [Yakama
Indian] Yakama Reservation using water savings from
system improvements to the Wapato Irrigation Project,
and (B) a Toppenish Creek corridor enhancement project
integrating agricultural, fish, wildlife, and cultural
resources[.];
(9) to improve the resilience of the ecosystems,
economies, and communities in the Basin as they face
drought, hydrologic changes, and other related changes
and variability in natural and human systems, for the
benefit of both the people and the fish and wildlife of
the region; and
(10) to authorize and implement the Yakima River
Basin Integrated Water Resource Management Plan as
Phase III of the Yakima River Basin Water Enhancement
Project, as a balanced and cost-effective approach to
maximize benefits to the communities and environment in
the Basin.
SEC. 1202. DEFINITIONS.
As used in this title:
(1) The term ``Basin Conservation Plan'' means a plan
for implementing water conservation measures found in
the various water conservation plans developed under
the Basin Conservation Program.
(2) The term ``Basin Conservation Program'' means the
Yakima River Basin Water Conservation Program
established under section 1203(a).
(3) The term ``comprehensive basin operating plan''
means a plan that will provide guidance to the Yakima
Project [Superintendent] Manager for operation of the
existing Yakima Project as modified by actions taken
pursuant to this title.
(4) The term ``Conservation Advisory Group'' means
the Yakima River Basin Conservation Advisory Group
established under section 1203(c).
(5) The term ``conserved water'' means water saved
and attributable to the program established under the
Basin Conservation Program.
(6) Designated federal official.--The term
``designated Federal official'' means the Commissioner
of Reclamation (or a designee), acting pursuant to the
charter of the Conservation Advisory Group.
(7) Integrated plan.--The terms ``Integrated Plan''
and ``Yakima River Basin Integrated Water Resource
Plan'' mean the plan and activities authorized by the
Yakima River Basin Enhancement Project Phase III Act of
2015 and the amendments made by that Act, to be carried
out in cooperation with and in addition to activities
of the State of Washington and Yakama Nation.
[(6)] (8) The term ``Irrigation Demonstration
Project'' means the [Yakama Indian] Yakama Reservation
Irrigation Demonstration Project authorized in section
1204(b).
(9) Municipal, industrial, and domestic water supply
and use.--The term ``municipal, industrial, and
domestic water supply and use'' means the supply and
use of water for--
(A) domestic consumption (whether urban or
rural);
(B) maintenance and protection of public
health and safety;
(C) manufacture, fabrication, processing,
assembly, or other production of a good or
commodity;
(D) production of energy;
(E) fish hatcheries; or
(F) water conservation activities relating to
a use described in subparagraphs (A) through
(E).
[(7)] (10) The term ``nonproratable water'' means
that portion of the total water supply available under
provisions of sections 18 and 19 of Civil Action No. 21
(Federal District Court Judgment of January 31, 1945)
that is not subject to proration in times of water
shortage.
[(8)] (11) The term ``on-district storage'' means
small water storage facilities located within the
boundaries of an irrigation entity, including
reregulating reservoirs, holding ponds, or other new
storage methods which allow for efficient water use.
(12) Proratable irrigation entity.--The term
``proratable irrigation entity'' means a district,
project, or State-recognized authority, board of
control, agency, or entity located in the Yakima River
basin that--
(A) manages and delivers irrigation water to
farms in the basin; and
(B) possesses, or the members of which
possess, water rights that are proratable
during periods of water shortage.
[(9)] (13) The term ``proratable water'' means that
portion of the total water supply available under
provisions of sections 18 and 19 of Civil Action No. 21
(Federal District Court Judgment of January 31, 1945)
that is subject to proration in times of water
shortage.
[(10)] (14) The term ``Secretary'' means the
Secretary of the Interior.
[(11)] (15) The term ``System Operations Advisory
Committee'' means a group of fishery biologists--
(A) created by the Yakima Project
[Superintendent] Manager in response to the
supplemental instructions entitled
``Supplementary Instructions to the Water
Master'', and dated November 28, 1980, in the
case of Kittitass Reclamation District, et al.
vs. the Sunnyside Valley Irrigation District,
et al. (E.D. Wash., Civil No. 21.);
(B) who advise the Yakima Project
[Superintendent] Manager on operations of the
Yakima Project for fish and wildlife purposes;
and (C) who, together with others, were
identified for consultation on November 29,
1990, in the amended partial summary judgment
entered in the basin adjudication (Yakima
County Superior Court No. 77-2-01484-5).
[(12)] (16) The term ``Toppenish Enhancement
Project'' means the Toppenish Creek corridor
enhancement project authorized by section 1204(c).
(17) Yakima enhancement project; yakima river basin
water enhancement project.--The terms ``Yakima
Enhancement Project'' and ``Yakima River Basin Water
Enhancement Project'' mean the Yakima River basin water
enhancement project authorized by Congress pursuant to
this Act and other Acts (including Public Law 96-162
(93 Stat. 1241), section 109 of Public Law 98-381 (16
U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62
(111 Stat. 1320), and Public Law 106-372 (114 Stat.
1425)) to promote water conservation, water supply,
habitat, and stream enhancement improvements in the
Yakima River basin.
[(13)] (18) The term ``[Yakama Indian] Yakama
Nation'' means the Confederated Tribes and Bands of the
[Yakama Indian] Yakama Nation as redesignated under
section 1204(g).
[(14)] (19) The term ``Yakima Project
[Superintendent] Manager'' means the individual
designated by the Regional Director, Pacific Northwest
Region, Bureau of Reclamation, to be responsible for
the operation and management of the Yakima Federal
Reclamation Project, Washington.
SEC. 1203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.
(a) Establishment.--(1) The Secretary, in consultation with
the State of Washington, the [Yakama Indian] Yakama Nation,
Yakima River basin irrigators, and other interested parties,
shall establish and administer a Yakima River Basin Water
Conservation Program for the purpose of evaluating and
implementing measures to improve the availability of water
supplies for irrigation and the protection and enhancement of
fish and wildlife resources, including wetlands, while
improving the quality of water in the Yakima Basin. The
Secretary may make grants to eligible entities for the purposes
of carrying out this [title] section under such terms and
conditions as the Secretary may require. Such terms and
conditions shall include a requirement that all water
districts, irrigation districts, individuals, or other entities
eligible to participate in the Basin Conservation Program must
equip all surface water delivery systems within their
boundaries with volumetric water meters or equally effective
water measuring methods [within 5 years of the date of
enactment of this Act].
(2) Conserved water resulting in whole or in part from the
expenditure of Federal funds shall not be used to expand
[irrigation] the number of irrigated acres in the Yakima Basin,
except as specifically provided in section 1204(a)(3) on the
[Yakama Indian] Yakama Reservation.
(3) The provisions of this section shall not apply to the
[Yakama Indian] Yakama Nation except as to any funds
specifically applied for from the Basin Conservation Program.
(b) Four Phases of Program.--The Basin Conservation Program
shall encourage and provide funding assistance for four phases
of water conservation, which shall consist of the following:
(1) The development of water conservation plans,
consistent with applicable water conservation
guidelines of the Secretary, by irrigation districts,
conservation districts, water purveyors, other areawide
entities, and individuals not included within an
areawide entity.
(2) The investigation of the feasibility of specific
potential water conservation measures identified in
conservation plans.
(3) The implementation of measures that have been
identified in conservation plans and have been
determined to be feasible.
(4) Post implementation monitoring and evaluation of
implemented measures.
(c) Conservation Advisory Group.--(1) Not later than 12
months after the date of enactment of this Act, the Secretary,
in consultation with the State of Washington, the [Yakama
Indian] Yakama Nation, Yakima River basin irrigators, and other
interested and related parties, shall establish the Yakima
River Basin Conservation Advisory Group.
(2) Members of the Conservation Advisory Group shall be
appointed by the Secretary and shall be comprised of--
(A) one representative of the Yakima River basin
nonproratable irrigators[,];
(B) one representative of the Yakima River basin
proratable irrigators[,];
(C) one representative of the [Yakama Indian] Yakama
Nation[,];
(D) one representative of environmental interests[,];
(E) one representative of the Washington State
University Agricultural Extension Service[,]; and
(F) one representative of the [Department of Wildlife
of the State of Washington, and] Department of Fish and
Wildlife of the State of Washington.
[(G) one individual who shall serve as the
facilitator.]
(3) The Conservation Advisory Group shall--
(A) provide recommendations to the Secretary and to
the State of Washington regarding the structure and
implementation of the Basin Conservation Program[,];
(B) provide recommendations to the Secretary and to
the State of Washington regarding the establishment of
a permanent program for the measurement and reporting
of all natural flow and contract diversions within the
basin[,];
(C) structure a process to prepare a basin
conservation plan as specified in subsection (f)[,];
(D) provide annual review of the implementation of
the applicable water conservation guidelines of the
Secretary[, and];
(E) provide recommendations consistent with statutes
of the State of Washington on rules, regulations, and
administration of a process to facilitate the voluntary
sale or lease of water[.]; and
(F) provide recommendations to advance the purposes
and programs of the Yakima Enhancement Project,
including the Integrated Plan.
[(4) The facilitator shall arrange for meetings of the
Conservation Advisory Group, provide logistical support, and
serve as moderator for the meetings.]
(4) Authority of designated federal official.--The
designated Federal official may--
(A) arrange and provide logistical support for
meetings of the Conservation Advisory Group;
(B) use a facilitator to serve as a moderator for
meetings of the Conservation Advisory Group or provide
additional logistical support; and
(C) grant any request for a facilitator by any member
of the Conservation Advisory Group.
(5) The Conservation Advisory Group shall consult an
irrigation district when considering actions specifically
affecting that district. For the purposes of this paragraph, an
irrigation district includes the Yakima Reservation Irrigation
District.
(6) The Conservation Advisory Group shall be nonvoting,
seeking consensus whenever possible. If disagreement occurs,
any member may submit independent comments to the Secretary.
The Conservation Advisory Group shall terminate 5 years after
the date of its establishment unless extended by the Secretary.
(d) Cost Sharing.--(1) Except as otherwise provided by this
title, costs incurred in the four phases of the Basin
Conservation Program shall be shared as follows:
(2) The Yakima River Basin Water Enhancement Project is a
Federal action to improve streamflow and fish passage
conditions and shall be considered part of a comprehensive
program to restore the Yakima River basin anadromous fishery
resource. Related fishery resource improvement facilities which
utilize funding sources under the Pacific Northwest Electric
Power Planning and Conservation Act of 1989 (94 Stat. 2697) and
independent water-related improvements of the State of
Washington and other public and private entities to improve
irrigation water use, water supply, and water quality, shall be
treated as non-Federal cost share expenditures and shall be
consolidated in any final calculation of required cost sharing.
Within one year of the date of enactment of this Act, the
Secretary shall enter into a binding cost sharing agreement
with the State of Washington. The agreement shall describe the
terms and conditions of specific contributions and other
activities that may, subject to approval by the Secretary,
qualify as non-Federal cost share expenditures.
(3) Costs of the Basin Conservation Program related to
projects on the [Yakama Indian] Yakama Reservation are a
Federal responsibility and shall be nonreimbursable and not
subject to the cost-sharing provisions of this subsection.
(4) Payment of local share by state or federal
government.--
(A) In general.--The State or the Federal Government
may fund not more than the 17.5 percent local share of
the costs of the Basin Conservation Program in exchange
for the long-term use of conserved water, subject to
the requirement that the funding by the Federal
Government of the local share of the costs shall
provide a quantifiable public benefit in meeting
Federal responsibilities in the Basin and the purposes
of this title.
(B) Use of conserved water.--The Yakima Project
Manager may use water resulting from conservation
measures taken under this title, in addition to water
that the Bureau of Reclamation may acquire from any
willing seller through purchase, donation, or lease,
for water management uses pursuant to this title.
(e) Entity Water Conservation Plans.--[To participate in
the Conservation Basin Program an entity must submit a proposed
water conservation plan to the Secretary. The Secretary shall
approve a water conservation plan submitted under this
subsection if the Secretary determines that the plan meets the
applicable water conservation guidelines of the Secretary.] To
participate in the Basin Conservation Program, as described in
subsection (b), an entity shall submit to the Secretary a
proposed water conservation plan.
(f) Basin Conservation Plan.--The Conservation Advisory
Group shall, within 2\1/2\ years after the date of enactment of
this Act, submit a draft basin conservation plan to the
Secretary.
(g) Public Comment.--The Secretary shall distribute the
draft basin conservation plan and the entity water conservation
plans submitted under subsections (e) and (f), respectively,
for public comment for a 60-day period.
(h) Publication of Basin Conservation Plan.--Within 60 days
after the close of the comment period under subsection (g), the
Secretary shall publish the Basin Conservation Plan which plan
will provide the basis--
(1) for prioritizing and allocating funds to
implement conservation measures under this title; and
(2) for preparing an interim comprehensive basin
operating plan under section 1210 of this title as
provided for in Public Law 96-162 (93 Stat. 1241).
(i) Conservation Measures.--(1) Measures considered for
implementation in the Basin Conservation Program may include,
among others, conveyance and distribution system monitoring,
automation of water conveyance systems, water measuring or
metering devices and equipment, lining and piping of water
conveyance and distribution systems, on-district storage,
electrification of hydraulic turbines, tail-water recycling,
consolidation of irrigation systems, irrigation scheduling, and
improvement of on-farm water application systems. Basin
Conservation Program funds may also be used throughout all four
phases of the Basin Conservation Program to mitigate for
adverse impacts of program measures.
(2) In addition to implementing existing technologies, the
Secretary shall encourage the testing of innovative water
conservation measures. The Secretary shall, to the maximum
extent possible under applicable Federal, State, and tribal
law, cooperate with the State of Washington to facilitate water
and water right transfers, water banking, dry year options, the
sale and leasing of water, and other innovative allocation
tools used to maximize the utility of existing Yakima River
basin water supplies.
(3) The Secretary may, consistent with applicable law, use
funds appropriated to carry out this section for the [purchase
or lease] purchase, lease, or management of land, water, or
water rights from any entity or individual willing to limit or
forego water use on a temporary or permanent basis. Funds used
for [purchase or lease] purchase, lease, or management under
this paragraph are not subject to the cost sharing provisions
of subsection (d). Efforts to acquire water should be [made
immediately upon availability of funds to meet the three-year
goal specified in section 1205(a)(4) to provide water to be
used by the Yakima Project [Superintendent] Manager under the
advisement of the System Operations Advisory Committee]
continued as needed to provide water to be used by the Yakima
Project Manager as recommended by the System Operations
Advisory Committee and the Conservation Advisory Group for
instream flow purposes. The use of Basin Conservation Program
funds under this paragraph are in addition to those
specifically authorized to be appropriated by subsection
(j)(4).
(4) On-farm water management improvements shall be
coordinated with programs administered by the Secretary of
Agriculture and State conservation districts.
(j) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Secretary, at September
1990 prices, plus or minus such amounts as may be justified by
reason of ordinary fluctuations of applicable cost indexes, the
following amounts for the Basin Conservation Program:
(1) $1,000,000 for the development of water
conservation plans.
(2) $4,000,000 for investigation of specific
potential water conservation measures identified in
conservation plans for consideration for implementing
through the Basin Conservation Program.
(3) Up to $67,500,000 for design, implementation,
post-implementation monitoring and evaluation of
measures, and addressing environmental impacts.
(4) Up to $10,000,000 for the [initial acquisition of
water from willing sellers or lessors specifically to
provide instream flows for interim periods to
facilitate the outward migration of anadromous fish
flushing flows] acquisition of water from willing
sellers or lessors specifically to provide improved
instream flows for anadromous and resident fish and
other aquatic life, including pulse flows to facilitate
outward migration of anadromous fish. Such funds shall
not be subject to the cost sharing provisions of
subsection (d).
(5) $100,000 annually for the establishment and
support of the Conservation Advisory Group during its
duration. Such funds shall be available for travel and
per diem, rental of meeting rooms, typing, printing and
mailing, and associated administrative needs. The
Secretary and the State of Washington shall provide
appropriate staff support to the Conservation Advisory
Group.
SEC. 1204. [YAKAMA INDIAN] YAKAMA NATION.
(a) Wapato Irrigation Project Improvements and
Appropriations.--(1) The [Yakama Indian] Yakama Nation's
proposed system improvements to the Wapato Irrigation Project,
as well as the design, construction, operation, and maintenance
of the Irrigation Demonstration Project and the Toppenish Creek
corridor enhancement project, pursuant to this title shall be
coordinated with the Bureau of Indian Affairs.
(2) There is authorized to be appropriated to the Secretary
[not more than $23,000,000] not more than $100,000,000 for the
preparation of plans, investigation of measures, and following
the Secretary's certification that such measures are consistent
with the water conservation objectives of this title, the
implementation of system improvements to the Wapato Irrigation
Project. Funding for further improvements within the Wapato
Irrigation Project may be acquired under the Basin Conservation
Program or other sources identified by the [Yakama Indian]
Yakama Nation.
(3) Water savings resulting from irrigation system
improvements shall be available for the use of the [Yakama
Indian] Yakama Nation for irrigation and other purposes on the
reservation and for protection and enhancement of fish and
wildlife within the Yakima River basin. The conveyance of such
water through irrigation facilities other than the Wapato
Irrigation Project shall be on a voluntary basis and shall not
further diminish the amount of water that otherwise would have
been delivered by an entity to its water users in years of
water proration.
(b) Irrigation Demonstration Project Appropriations.--
(1)(A) There is hereby authorized to be appropriated to the
Secretary--
(i) at September 1990 prices, plus or minus such
amounts as may be justified by reason of ordinary
fluctuations of applicable cost indexes, $8,500,000 for
the design and construction of the [Yakama Indian]
Yakama Reservation Irrigation Demonstration Project;
and
(ii) such sums as may be necessary for the operation
and maintenance of the Irrigation Demonstration
Project, including funds for administration, training,
equipment, materials, and supplies for the period
specified by the Secretary, which sums are in addition
to operation and maintenance funds for wildlife and
cultural purposes appropriated to the Secretary under
other authorization.
(B) Funds may not be made available under this subsection
until the [Yakama Indian] Yakama Nation obtains the concurrence
of the Secretary in the construction, management, and
administrative aspects of the Irrigation Demonstration Project.
(C) After the end of the period specified under
subparagraph (A)(ii), costs for the operation and maintenance
of the Irrigation Demonstration Project, including funds for
administration, training, equipment, materials, and supplies
referred to in that subparagraph, shall be borne exclusively by
the lands directly benefitting from the Irrigation
Demonstration Project.
(2) The Irrigation Demonstration Project shall provide for
the construction of distribution and on-farm irrigation
facilities to use all or a portion of the water savings, as
determined by the [Yakama Indian] Yakama Nation, resulting from
the Wapato Irrigation Project system improvements for--
(A) demonstrating cost-effective state of the art
irrigation water management and conservation,
(B) the training of tribal members in irrigation
methods, operation, and management, and
(C) upgrading existing hydroelectric facilities and
construction of additional hydroelectric facilities on
the reservation to meet irrigation pumping power needs.
(c) Toppenish Creek Corridor Enhancement Project
Appropriations.--There is hereby authorized to be appropriated
to the Secretary $1,500,000 for the further investigation by
the [Yakama Indian] Yakama Nation of measures to develop a
Toppenish Creek corridor enhancement project to demonstrate
integration of management of agricultural, fish, wildlife, and
cultural resources to meet tribal objectives and such amount as
the Secretary subsequently determines is necessary for
implementation. There is also authorized to be appropriated to
the Secretary such sums as may be necessary for the operation
and maintenance of the Toppenish Enhancement Project.
(d) Report.--Within 5 years of the implementation of the
Irrigation Demonstration Project and the Toppenish Enhancement
Project, the Secretary, in consultation with the [Yakama
Indian] Yakama Nation, shall report to the Committee on Energy
and Natural Resources of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Governor of
the State of Washington on the effectiveness of the
conservation, training, mitigation, and other measures
implemented.
(e) Status of Improvements and Facilities.--The Wapato
Irrigation Project system improvements and any specific
irrigation facility of the Irrigation Demonstration Project
(excluding on-farm irrigation facilities) and the Toppenish
Enhancement Project shall become features of the Wapato
Irrigation Project.
(f) Treatment of Certain Costs.--Costs related to Wapato
Irrigation Project improvements, the Irrigation Demonstration
Project, and the Toppenish Enhancement Project shall be a
Federal responsibility and are nonreimbursable and
nonreturnable.
(g) [Redesignation of Yakima Indian Nation to Yakama Indian
Nation.--] Redesignation of Yakama Indian Nation to Yakama
Nation._
[(1) Redesignation.--The Confederated Tribes and
Bands of the Yakima Indian Nation shall be known and
designated as the ``Confederated Tribes and Bands of
the Yakama Indian Nation''.]
(1) Redesignation.--The Confederated Tribes and Bands
of the Yakama Indian Nation shall be known and
designated as the ``Confederated Tribes and Bands of
the Yakama Nation''.
(2) References.-- Any reference in a law, map,
regulation, document, paper, or other record of the
United States to the Confederated Tribes and Bands of
the Yakima Indian Nation referred to in subsection (a)
shall be [deemed to be a reference to the
``Confederated Tribes and Bands of the Yakama Indian
Nation''.] deemed to be a reference to the
``Confederated Tribes and Bands of the Yakama Nation''.
SEC. 1205. OPERATION OF YAKIMA BASIN PROJECTS.
(a) Water Savings From Basin Conservation Program.--(1) The
Basin Conservation Program is intended to result in reductions
in water diversions allowing for changes in the present
operation of the Yakima Project to improve stream flow
conditions in the Yakima River basin. Except as provided by
paragraph (5) of this subsection and section 1209, commencing
with the enactment of this title, and notwithstanding that
anticipated water savings are yet to be realized, the
Secretary, upon the enactment of this title and acting through
the Yakima Project [Superintendent] Manager, shall (A) continue
to estimate the water supply which is anticipated to be
available to meet water entitlements; and (B) provide instream
flows in accordance with the following criteria:
(2) The initial target flows represent target flows at the
respective points. Reasonable fluctuations from these target
flows are anticipated in the operation of the Yakima Project,
except that for any period exceeding 24 hours--
(A) actual flows at the Sunnyside Diversion Dam may
not decrease to less than 65 percent of the target flow
at the Sunnyside Diversion Dam; and
(B) actual flows at the Prosser Diversion Dam may not
decrease by more than 50 cubic feet per second from the
target flow.
(3) The instream flows shall be increased for interim
periods during any month of April through October to facilitate
when necessary the outward migration of anadromous fish.
Increased instream flows for such interim periods shall be
obtained through voluntary sale and leasing of water or water
rights or from conservation measures taken under this title.
(4)(A)(i) Within the three-year period beginning when
appropriations are first provided to carry out the Basin
Conservation Program, the instream flow goal in the Yakima
River is as follows: to secure additional water which is to be
used for instream flows to facilitate meeting recommendations
of the System Operations Advisory Committee for [flushing]
pulse flows or other instream [uses] uses, in addition to the
quantity of water provided under the treaty between the Yakama
Nation and the United States.
[(ii) In addition to any other authority of the Secretary
to provide water for flushing flows, the water required to meet
the goal specified in clause (i) shall be acquired through the
voluntary purchase or lease of land, water, or water rights and
from the development of additional storage capability at Lake
Cle Elum provided for in section 1206(a).]
[(iii)] (ii) In addition to water required to meet the
instream flow goal specified in clause (i), the System
Operations Advisory Committee may recommend additional water to
meet instream flow goals and water rights mandated pursuant to
judicial actions.
(B) After the period referred to in subparagraph (A), such
instream flow goal is modified as follows:
(i) The goal increases so that the instream target flows
specified in the table in paragraph (1) increase by 50 cubic
feet per second for each 27,000 acre-feet of reduced annual
water diversions achieved through implementation of measures
under the Basin Conservation Program in proportion to the
funding received. Such increases do not apply to actions taken
pursuant to section 1204. Such increases shall not further
diminish the amount of water that otherwise would have been
delivered by an entity to its water users in years of water
proration.
(ii) The goal changes directly with the availability of
water resulting from Federal expenditures under this title for
purchase or lease of water under this title.
(C) The Yakima Project [Superintendent] Manager shall
maintain an account of funded and completed conservation
measures taken under the Basin Conservation Program.
(D) No later than March 31 of each calendar year, the
Yakima Project [Superintendent] Manager shall meet with the
State of Washington, [Yakama Indian] Yakama Nation, and Yakima
River basin irrigators to mutually determine total diversion
reductions and respective adjustments to the target flows
referred to in this subsection. The Yakima Project
[Superintendent] Manager shall announce such adjustments with
the announcements of Total Water Supply Available. For the
purposes of this subparagraph, conserved water will be
considered available for adjusting target flows in the first
year following completion of a measure or following a result
from the post implementation monitoring and evaluation program,
as the case may be.
(5) Operational procedures and processes in the Yakima
River basin which have or may be implemented through judicial
actions shall not be impacted by this title.
(6)(A) Within three years after the date of enactment of
this Act, the Secretary shall conduct a study and submit a
report with recommendations to the appropriate committees of
the Congress on whether the water supply available for
irrigation is adequate to sustain the agricultural economy of
the Yakima River basin.
(B) The target flows provided for under this subsection
shall be evaluated within three years after the date of
enactment of this Act by the Systems Operations Advisory
Committee for the purpose of making a report with
recommendations to the Secretary and the Congress evaluating
what is necessary to have biologically-based target flows.
(C) The recommendations and reports under subparagraphs (A)
and (B) shall provide a basis for the third phase of the Yakima
River Basin Water Enhancement Project.
(b) Water From Lake Cle Elum.--Water accruing from the
development of additional storage capacity at Lake Cle Elum,
made available pursuant to the modifications authorized in
section 1206(a), shall not be part of the Yakima River basin's
water supply as provided in subsection (a)(1). Water obtained
from such development is exclusively dedicated to [instream
flows for use by the Yakima Project [Superintendent] Manager as
flushing flows or as otherwise] fishery purposes, as advised by
the System Operations Advisory Committee. Water may be carried
over from year-to-year in the additional capacity to the extent
that there is space available. Releases may be made from other
Yakima Project storage facilities to most effectively utilize
this additional water, except that water deliveries to holders
of existing water rights shall not be impaired.
(c) Status of Basin Conservation Program Facilities.--
Measures of the Basin Conservation Program which are
implemented on facilities currently under the administrative
jurisdiction of the Secretary, except as provided in section
1204, shall be considered features of the Yakima River Basin
Water Enhancement Project, and their operation and maintenance
shall be integrated and coordinated with other features of the
existing Yakima Project. The responsibility for operation and
maintenance and the related costs shall remain with the current
operating entity. As appropriate, the Secretary shall
incorporate the operation and maintenance of such facilities
into existing agreements. The Secretary shall assure that such
facilities are operated in a manner consistent with Federal and
State law and in accordance with water rights recognized
pursuant to State and Federal law.
(d) Water Acquired by Purchase and Lease.--Water acquired
from voluntary sellers and lessors shall be administered as a
block of water separate from the Total Water Supply Available,
in accordance with applicable Federal and State law.
(e) Yakima Project Purpose.--[(1) An additional purpose of
the Yakima Project shall be for fish, wildlife, and
recreation.]
(1) In general.--Additional purposes of the Yakima
Project shall be any of the following:
(A) To recover and maintain self-sustaining
harvestable populations of native fish, both
anadromous and resident species, throughout
their historic distribution range in the Yakima
Basin.
(B) To protect, mitigate, and enhance aquatic
life and wildlife.
(C) Recreation.
(D) Municipal, industrial, and domestic use.
(2) The existing storage rights of the Yakima Project
shall include storage for the purposes of fish,
wildlife, and recreation.
(3) The purposes specified in paragraphs (1) and (2)
shall not impair the operation of the Yakima Project to
provide water for irrigation purposes nor impact
existing contracts.
SEC. 1206. LAKE CLE ELUM AUTHORIZATION OF APPROPRIATIONS.
(a) Modifications and Improvements.--There is hereby
authorized to be appropriated to the Secretary--
(1) [at September 1990 prices, plus or minus such
amounts as may be justified by reason of ordinary
fluctuation of applicable indexes, $2,934,000 to--] not
more than $12,000,000 to--
(A) modify the radial gates at Cle Elum Dam
to provide an additional 14,600 acre-feet of
storage capacity in Lake Cle Elum,
(B) provide for shoreline protection of Lake
Cle Elum, and
(C) construct juvenile fish passage
facilities at Cle Elum Dam, plus
(2) such additional amounts as may be necessary which
may be required for environmental mitigation.
(b) Operation and Maintenance Appropriations.--There is
hereby authorized to be appropriated to the Secretary such sums
as may be necessary for that portion of the operation and
maintenance of Cle Elum Dam determined by the Secretary to be a
Federal responsibility.
SEC. 1207. ENHANCEMENT OF WATER [SUPPLIES] MANAGEMENT FOR YAKIMA BASIN
TRIBUTARIES.
(a) General Provisions.--The following shall be applicable
to the investigation and implementation of measures to enhance
water [supplies] management for fish and wildlife and
irrigation purposes on tributaries of the Yakima River basin:
(1) An enhancement program authorized by this section
undertaken in any tributary shall be contingent upon
the agreement of appropriate water right owners and
water supply entities to participate.
(2) The enhancement program authorized by this
section shall not be construed to affect (A) the water
rights of any water right owners that choose not to
participate or opt out of tributary enhancement
projects pursuant to this section in the tributary or
other water delivering entities; (B) the capability of
nonparticipating tributary water users to divert,
convey, and apply water; and (C) existing water and
land uses within the tributary area.
(3) The water supply for tributary enhancement shall
be administered in accordance with applicable State and
Federal laws.
(4) Any enhancement program authorized by this
section shall be predicated upon the availability of a
dependable water supply.
(b) [Study.--(1) The Secretary, following consultation with
the State of Washington, the tributary water right owners, and
the [Yakama Indian] Yakama Nation, and agreement of appropriate
water right owners to participate, shall conduct a study
concerning the measures that can be implemented to enhance
water supplies for fish and wildlife and irrigation purposes on
Taneum Creek, including (but not limited to)--]
In General.--(1) The Secretary, following consultation with the
State of Washington, tributary water right owners, and the
Yakama Nation, and on agreement of appropriate water right
owners, is authorized to conduct studies to evaluate measures
to further Yakima Project purposes on tributaries to the Yakima
River. Enhancement programs that use measures authorized by
this subsection may be investigated and implemented by the
Secretary in tributaries to the Yakima River, including Taneum
Creek, other areas, or tributary basins that currently or could
potentially be provided supplemental or transfer water by
entities, such as the Kittitas Reclamation District or the
Yakima-Tieton Irrigation District, subject to the condition
that activities may commence on completion of applicable and
required feasibility studies, environmental reviews, and cost-
benefit analyses that include favorable recommendations for
further project development, as appropriate. Measures to
evaluate include--
(A) water use efficiency improvements, including
irrigation efficiency improvements (in coordination
with programs of the Department of Agriculture),
consolidation of diversions or administration, and
diversion scheduling or coordination;
(B) the conveyance of water from the Yakima Project
through the facilities of any irrigation entity willing
to contract with the Secretary without adverse impact
to water users;
(C) improvements in irrigation system management or
delivery facilities within the Yakima River basin when
those improvements allow for increased irrigation
system conveyance and corresponding reduction in
diversion from tributaries or flow enhancements to
tributaries through direct flow supplementation or
groundwater recharge;
(D) improvements of irrigation system management or
delivery facilities to reduce or eliminate excessively
high flows caused by the use of natural streams for
conveyance or irrigation water or return water;
[(C)] (E) the construction, operation, and
maintenance of [ground water] groundwater recharge and
withdrawal facilities;
[(D)] (F) contracting with any entity that is willing
to voluntarily limit or forego present water use
through lease or sale of water or water rights on a
temporary or permanent basis;
[(E)] (G) purchase or transfer of water rights from
willing sellers; and
[(F)] (H) other measures compatible with the purposes
of this title, including restoration of stream
processes and stream habitats.
(2) In conducting [the Taneum Creek study] studies under
this subsection, the Secretary shall consider--
(A) the hydrologic and environmental characteristics;
(B) the engineering [and economic], infrastructure,
economic, and land use factors relating to each
measure; [and]
(C) the potential impacts upon the operations of
present water users in the tributary and measures to
alleviate such impacts[.]; and
(D) any related studies already underway or
undertaken.
(3) The Secretary shall make available to the public for a
45-day comment period a draft report describing in detail the
findings, conclusions, and recommendations of the study of each
tributary or group of tributaries. The Secretary shall consider
and include any comment made in developing a final report. The
Secretary's final report shall be submitted to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Governor of the State of Washington, and made available to the
public.
(c) Implementation of Nonstorage and Nonsurface Storage
Measures.--After securing the necessary permits the Secretary
may, in cooperation with the Department of Ecology of the State
of Washington and in accordance with the laws of the State of
Washington, implement nonstorage and nonsurface storage
measures identified in the final report under subsection (b)
upon fulfillment of the following conditions:
(1) The Secretary shall enter into an agreement with
the appropriate water right owners who are willing to
participate, the State of Washington, and the [Yakama
Indian] Yakama Nation, for the use and management of
the water supply to be provided by proposed tributary
measures pursuant to this section.
(2) The Secretary and the State of Washington find
that the implementation of the proposed tributary
measures will not impair the water rights of any person
or entity in the affected tributary.
[(d) Other Yakima River Basin Tributaries.--Enhancement
programs similar to the enhancement program authorized by this
section may be investigated and implemented by the Secretary in
other tributaries contingent upon the agreement of the
appropriate tributary water right owners to participate. The
provisions set forth in this section shall be applicable to
such programs.]
[(e)] (d) Authorization of Appropriations.--(1) There is
hereby authorized to be appropriated to the Secretary $500,000
for the study of the Taneum Creek Project and such amount as
the Secretary subsequently determines is necessary for
implementation of tributary measures pursuant to this section.
(2) There is also authorized to be appropriated to the
Secretary such funds as are necessary for the investigation and
implementation of enhancement programs similar to the
enhancement program authorized by this section in [other]
Yakima River basin tributaries contingent upon the agreement of
the appropriate water right owners and other water supply
entities to participate. [Funds for the implementation of any
such similar enhancement program may not be appropriated until
after the Secretary submits an investigation report to the
appropriate congressional committees.]
SEC. 1208. CHANDLER PUMPING PLANT AND POWERPLANT OPERATIONS AT PROSSER
DIVERSION DAM.
(a) Authorization of Appropriations for Electrification.--
In order to provide for electrification to enhance instream
flows by eliminating the need to divert water to operate the
hydraulic turbines which pump water to the Kennewick Irrigation
District, there is authorized to be appropriated--
(1) $50,000 to conduct an assessment of opportunities
for alternative pumping plant locations;
(2) $4,000,000 for construction; and
(3) such sums as may be necessary for the prorata
share of the operation and maintenance allocated to
fish and wildlife as determined by the Secretary.
(b) Power for Project Pumping.--(1) The Administrator of
the Bonneville Power Administration shall provide for project
power needed to effect the electrification as provided in
subsection (a).
(2)(A) There is authorized to be appropriated for the
Bureau of Reclamation for each fiscal year in which the
Administrator provides power under this subsection an amount
equal to the cost to the Bonneville Power Administration of
providing power under this subsection during such fiscal year.
The rate to be utilized by the Administrator in determining the
cost of power under this paragraph in a fiscal year shall be
the rate for priority firm power charged by the Bonneville
Power Administration in that fiscal year under section 7(b) of
the Pacific Northwest Electric Power Planning and Conservation
Act (16 U.S.C. 839e(b)).
(B) The Bureau of Reclamation shall, using funds
appropriated pursuant to the authorization of appropriations in
subparagraph (A), reimburse the Bonneville Power Administration
for the costs of the project power provided under this
subsection. Such funds shall be available for such purpose
without fiscal year limitation.
(c) Subordination.--Any diversions for hydropower
generation at the Chandler Powerplant shall be subordinated to
meet the flow targets determined under subsection (f).
(d) Water Supply for Kennewick Irrigation District.--The
Secretary shall ensure that the irrigation water supply for the
Kennewick Irrigation District shall not be negatively affected
by conservation, electrification, or subordination pursuant to
this title and any reduction in its irrigation water supply
resulting from conservation measures adopted or implemented by
other entities pursuant to this title shall be replaced by
water developed through subordination, electrification, or a
combination of the two.
(e) Treatment of Certain Funds.--Funds appropriated and
project power provided pursuant to this section shall be
nonreimbursable since such funds are used for fish and wildlife
purposes and such funds are not subject to cost share under
section 1203(d).
(f) Target Flows.--Target flows measured at appropriate
biological and hydrological location or locations shall be
determined by the Yakima Project [Superintendent] Manager in
consultation with the System Operations Advisory Committee.
SEC. 1209. AUGMENTATION OF KACHESS RESERVOIR STORED WATER.
(a) Authorization of Appropriations.--In order to augment
Kachess Reservoir stored water supplies from flows of Cabin
Creek and Silver Creek which are excess to system demands,
there is authorized to be appropriated--
(1) such sums as may be necessary to carry out a
feasibility study, including the benefits, costs, and
environmental aspects, of the facility described in
paragraph (2);
(2) for the construction of facilities to convey such
flows to Kachess Reservoir, $20,000,000; and
(3) such sums as may be necessary for the pro rata
share of the operation and maintenance allocated to
fish and wildlife determined by the Secretary.
(b) Limitation.--Construction of the facilities described
in subsection (a)(1) is contingent on the completion of the
feasibility study referred to in subsection (a)(2).
(c) Use of Additional Water.--The stored water supply
resulting from the construction of facilities under this
section shall be used by the Secretary to--
(1) enhance the water supply available to the
Kittitas Reclamation District and the Roza Irrigation
District in years of proration; and
(2) facilitate reservoir operations in the Easton Dam
to Keechelus Dam reach of the Yakima River for the
propagation of anadromous fish.
(d) Treatment of Costs.--The construction and operation and
maintenance costs of the facilities under this section shall be
allocated to irrigation and fishery enhancement, as follows:
(1) The portion of such costs allocated to irrigation
is reimbursable, with the construction costs to be paid
prior to initiation of construction by the Kittitas
Reclamation District and the Roza Irrigation District.
(2) The portion of such costs allocated to fishery
enhancement is nonreimbursable.
(e) Kachess Dam Modifications.--There is authorized to be
appropriated $2,000,000 for the modification of the discharge
facilities of Kachess Dam to improve reservoir operations for
anadromous fish enhancement. Amounts appropriated under this
subsection are nonreimbursable.
SEC. 1210. INTERIM COMPREHENSIVE BASIN OPERATING PLAN.
(a) Development.--The Secretary shall, in consultation with
the State of Washington, [Yakama Indian] Yakama Nation, Yakima
River Basin irrigation districts, Bonneville Power
Administration, and other entities as determined by the
Secretary, develop an interim comprehensive operating plan for
providing a general framework within which the Yakima Project
[Superintendent] Manager operates the Yakima Project, including
measures implemented under the Yakima River Basin Water
Enhancement Project, including (but not limited to)--
(1) operating capability and constraints of the
system;
(2) information on water supply calculations and
water needs;
(3) system operations and stream flow objectives; and
(4) the System Operations Advisory Committee
activities.
(b) Process Requirements.--A draft of the interim
comprehensive basin operating plan shall be completed within 18
months after the completion of the Basin Conservation Plan
under section 1203(f) and, upon completion, published for a 90-
day public review period. The Secretary shall complete and
publish the final interim comprehensive operating plan within
90 days after the close of the public review period. The
Secretary shall update the plan as needed to respond to
decisions from water adjudications relating to the Yakima River
basin.
(c) Authorization of Appropriations.--There is authorized
to be appropriated [$100,000] $200,000 to carry out this
section.
SEC. 1211. ENVIRONMENTAL COMPLIANCE.
There are hereby authorized to be appropriated to the
Secretary [$2,000,000] $5,000,000 for environmental compliance
activities including the conduct, in cooperation with the State
of Washington, of an inventory of wildlife and wetland
resources in the Yakima River basin and an investigation of
measures, including ``wetland banking'', which could be
implemented to address potential impacts which could result
from the activities taken under this title.
SEC. 1212. SAVINGS AND CONTINGENCIES.
(a) In General.--Nothing in this title shall be construed
to--
(1) affect or modify any treaty or other right of the
[Yakama Indian] Yakama Nation;
(2) authorize the appropriation or use of water by
any Federal, State, or local agency, the [Yakama
Indian] Yakama Nation, or any other entity or
individual;
(3) impair the rights or jurisdictions of the United
States, the States, the [Yakama Indian] Yakama Nation,
or other entities over waters of any river or stream or
over any ground water resource;
(4) alter, amend, repeal, interpret, modify, or be in
conflict with any interstate compact made by the
States;
(5) alter, establish, or impair the respective rights
of States, the United States, the [Yakama Indian]
Yakama Nation, or any other entity or individual with
respect to any water or water-related right;
(6) alter, diminish, or abridge the rights and
obligations of any Federal, State, or local agency, the
[Yakama Indian] Yakama Nation, or other entity, public
or private;
(7) affect or modify the rights of the [Yakama
Indian] Yakama Nation or its successors in interest to,
and management and regulation of, those water resources
arising or used, within the external boundaries of the
[Yakama Indian] Yakama Reservation;
(8) affect or modify the settlement agreement between
the United States and the State of Washington filed in
Yakima County Superior Court with regard to Federal
reserved water rights other than those rights reserved
by the United States for the benefit of the [Yakama
Indian] Yakama Nation and its members;
(9) affect or modify the rights of any Federal,
State, or local agency, the [Yakama Indian] Yakama
Nation, or any other entity, public or private with
respect to any unresolved and unsettled claims in any
water right adjudications, or court decisions,
including State against Acquavella, or constitute
evidence in any such proceeding in which any water or
water related right is adjudicated; or
(10) preclude other planning studies and projects to
accomplish the purposes of this title by other means:
funded publicly, privately, or by a combination of
public and private funding.
(b) Contingency Based on Appropriations.--The performance
of any activity under this title which requires accomplishment
within a specified period that may require appropriation of
money by Congress or the allotment of funds shall be contingent
upon such appropriation or allotment being made.
SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE III OF YAKIMA
RIVER BASIN WATER ENHANCEMENT PROJECT.
(a) Integrated Plan.--
(1) In general.--The Secretary shall implement the
Integrated Plan as Phase III of the Yakima River Basin
Water Enhancement Project in accordance with this
section and applicable laws.
(2) Initial development phase of the integrated
plan.--
(A) In general.--The Secretary, in
coordination with the State of Washington and
Yakama Nation and subject to feasibility
studies, environmental reviews, and the
availability of appropriations, shall implement
an initial development phase of the Integrated
Plan, to--
(i) complete the planning, design,
and construction or development of
upstream and downstream fish passage
facilities, as previously authorized by
the Hoover Power Plant Act of 1984 (43
U.S.C. 619 et seq.) at Cle Elum
Reservoir and another Yakima Project
reservoir identified by the Secretary
as consistent with the Integrated Plan,
subject to the condition that, if the
Yakima Project reservoir identified by
the Secretary contains a hydropower
project licensed by the Federal Energy
Regulatory Commission, the Secretary
shall cooperate with the Federal Energy
Regulatory Commission in a timely
manner to ensure that actions taken by
the Secretary are consistent with the
applicable hydropower project license;
(ii) negotiate long-term agreements
with participating proratable
irrigation entities in the Yakima Basin
and, acting through the Bureau of
Reclamation, coordinate between Bureaus
of the Department of the Interior and
with the heads of other Federal
agencies to negotiate agreements
concerning leases, easements, and
rights-of-way on Federal land, and
other terms and conditions determined
to be necessary to allow for the non-
Federal financing, construction,
operation, and maintenance of--
(I) new facilities needed to
access and deliver inactive
storage in Lake Kachess for the
purpose of providing drought
relief for irrigation (known as
the `Kachess Drought Relief
Pumping Plant'); and
(II) a conveyance system to
allow transfer of water between
Keechelus Reservoir to Kachess
Reservoir for purposes of
improving operational
flexibility for the benefit of
both fish and irrigation (known
as the `K to K Pipeline');
(iii) participate in, provide funding
for, and accept non-Federal financing
for--
(I) water conservation
projects, not subject to the
provisions of the Basin
Conservation Program described
in section 1203, that are
intended to partially implement
the Integrated Plan by
providing 85,000 acre-feet of
conserved water to improve
tributary and mainstem stream
flow; and
(II) aquifer storage and
recovery projects;
(iv) study, evaluate, and conduct
feasibility analyses and environmental
reviews of fish passage, water supply
(including groundwater and surface
water storage), conservation, habitat
restoration projects, and other
alternatives identified as consistent
with the purposes of this Act, for the
initial and future phases of the
Integrated Plan;
(v) coordinate with and assist the
State of Washington in implementing a
robust water market to enhance water
management in the Yakima River basin,
including--
(I) assisting in identifying
ways to encourage and increase
the use of, and reduce the
barriers to, water transfers,
leasing, markets, and other
voluntary transactions among
public and private entities in
the Yakima River basin;
(II) providing technical
assistance, including
scientific data and market
information; and
(III) negotiating agreements
that would facilitate voluntary
water transfers between
entities, including as
appropriate, the use of
federally managed
infrastructure; and
(vi) enter into cooperative
agreements with, or, subject to a
minimum non-Federal cost-sharing
requirement of 50 percent, make grants
to, the Yakama Nation, the State of
Washington, Yakima River basin
irrigation districts, water districts,
conservation districts, other local
governmental entities, nonprofit
organizations, and land owners to carry
out this title under such terms and
conditions as the Secretary may
require, including the following
purposes:
(I) Land and water transfers,
leases, and acquisitions from
willing participants, so long
as the acquiring entity shall
hold title and be responsible
for any and all required
operations, maintenance, and
management of that land and
water.
(II) To combine or relocate
diversion points, remove fish
barriers, or for other
activities that increase flows
or improve habitat in the
Yakima River and its
tributaries in furtherance of
this title.
(III) To implement, in
partnership with Federal and
non-Federal entities, projects
to enhance the health and
resilience of the watershed.
(B) Commencement date.--The Secretary shall
commence implementation of the activities
included under the initial development phase
pursuant to this paragraph--
(i) on the date of enactment of this
section; and
(ii) on completion of applicable
feasibility studies, environmental
reviews, and cost-benefit analyses that
include favorable recommendations for
further project development.
(3) Intermediate and final phases.--
(A) In general.--The Secretary, in
coordination with the State of Washington and
in consultation with the Yakama Nation, shall
develop plans for intermediate and final
development phases of the Integrated Plan to
achieve the purposes of this Act, including
conducting applicable feasibility studies,
environmental reviews, and other relevant
studies needed to develop the plans.
(B) Intermediate phase.--The Secretary shall
develop an intermediate development phase to
implement the Integrated Plan that, subject to
authorization and appropriation, would commence
not later than 10 years after the date of
enactment of this section.
(C) Final phase.--The Secretary shall develop
a final development phase to implement the
Integrated Plan that, subject to authorization
and appropriation, would commence not later
than 20 years after the date of enactment of
this section.
(4) Contingencies.--The implementation by the
Secretary of projects and activities identified for
implementation under the Integrated Plan shall be--
(A) subject to authorization and
appropriation;
(B) contingent on the completion of
applicable feasibility studies, environmental
reviews, and cost-benefit analyses that include
favorable recommendations for further project
development;
(C) implemented on public review and a
determination by the Secretary that design,
construction, and operation of a proposed
project or activity is in the best interest of
the public; and
(D) in compliance with all applicable laws,
including the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq).
(5) Progress report.--
(A) In general.--Not later than 5 years after
the date of enactment of this section, the
Secretary, in conjunction with the State of
Washington and in consultation with the Yakama
Nation, shall submit to the Committee on Energy
and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a progress report on the
development and implementation of the
Integrated Plan.
(B) Requirements.--The progress report under
this paragraph shall--
(i) provide a review and
reassessment, if needed, of the
objectives of the Integrated Plan, as
applied to all elements of the
Integrated Plan;
(ii) assess, through performance
metrics developed at the initiation of,
and measured throughout the
implementation of, the Integrated Plan,
the degree to which the implementation
of the initial development phase
addresses the objectives and all
elements of the Integrated Plan;
(iii) identify the amount of Federal
funding and non-Federal contributions
received and expended during the period
covered by the report;
(iv) describe the pace of project
development during the period covered
by the report;
(v) identify additional projects and
activities proposed for inclusion in
any future phase of the Integrated Plan
to address the objectives of the
Integrated Plan, as applied to all
elements of the Integrated Plan; and
(vi) for water supply projects--
(I) provide a preliminary
discussion of the means by
which--
(aa) water and costs
associated with each
recommended project
would be allocated
among authorized uses;
and
(bb) those
allocations would be
consistent with the
objectives of the
Integrated Plan; and
(II) establish a plan for
soliciting and formalizing
subscriptions among individuals
and entities for participation
in any of the recommended water
supply projects that will
establish the terms for
participation, including fiscal
obligations associated with
subscription.
(b) Financing, Construction, Operation, and Maintenance of
Kachess Drought Relief Pumping Plant and K to K Pipeline.--
(1) Agreements.--Long-term agreements negotiated
between the Secretary and participating proratable
irrigation entities in the Yakima Basin for the non-
Federal financing, construction, operation, and
maintenance of the Drought Relief Pumping Plant and K
to K Pipeline shall include provisions regarding--
(A) responsibilities of the participating
proratable irrigation entities for the
planning, design, and construction of
infrastructure in consultation and coordination
with the Secretary;
(B) property titles and responsibilities of
the participating proratable irrigation
entities for the maintenance of and liability
for all infrastructure constructed under this
title;
(C) operation and integration of the projects
by the Secretary in the operation of the Yakima
Project;
(D) costs associated with the design,
financing, construction, operation,
maintenance, and mitigation of projects, with
the costs of Federal oversight and review to be
nonreimbursable to the participating proratable
irrigation entities and the Yakima Project; and
(E) responsibilities for the pumping and
operational costs necessary to provide the
total water supply available made inaccessible
due to drought pumping during the preceding 1
or more calendar years, in the event that the
Kachess Reservoir fails to refill as a result
of pumping drought storage water during the
preceding 1 or more calendar years, which shall
remain the responsibility of the participating
proratable irrigation entities.
(2) Use of Kachess Reservoir stored water.--
(A) In general.--The additional stored water
made available by the construction of
facilities to access and deliver inactive
storage in Kachess Reservoir under subsection
(a)(2)(A)(ii)(I) shall--
(i) be considered to be Yakima
Project water;
(ii) not be part of the total water
supply available, as that term is
defined in various court rulings; and
(iii) be used exclusively by the
Secretary--
(I) to enhance the water
supply in years when the total
water supply available is not
sufficient to provide 70
percent of proratable
entitlements in order to make
that additional water available
up to 70 percent of proratable
entitlements to the Kittitas
Reclamation District, the Roza
Irrigation District, or other
proratable irrigation entities
participating in the
construction, operation, and
maintenance costs of the
facilities under this title
under such terms and conditions
to which the districts may
agree, subject to the
conditions that--
(aa) the Bureau of
Indian Affairs, the
Wapato Irrigation
Project, and the Yakama
Nation, on an election
to participate, may
also obtain water from
Kachess Reservoir
inactive storage to
enhance applicable
existing irrigation
water supply in
accordance with such
terms and conditions to
which the Bureau of
Indian Affairs and the
Yakama Nation may
agree; and
(bb) the additional
supply made available
under this clause shall
be available to
participating
individuals and
entities in proportion
to the proratable
entitlements of the
participating
individuals and
entities, or in such
other proportion as the
participating entities
may agree; and
(II) to facilitate reservoir
operations in the reach of the
Yakima River between Keechelus
Dam and Easton Dam for the
propagation of anadromous fish.
(B) Effect of paragraph.--Nothing in this
paragraph affects (as in existence on the date
of enactment of this section) any contract, law
(including regulations) relating to repayment
costs, water right, or Yakama Nation treaty
right.
(3) Commencement.--The Secretary shall not commence
entering into agreements pursuant to subsection
(a)(2)(A)(ii) or subsection (b)(1) or implementing any
activities pursuant to the agreements before the date
on which--
(A) all applicable and required feasibility
studies, environmental reviews, and cost-
benefit analyses have been completed and
include favorable recommendations for further
project development, including an analysis of--
(i) the impacts of the agreements and
activities conducted pursuant to
subsection (a)(2)(A)(ii) on adjacent
communities, including potential fire
hazards, water access for fire
districts, community and homeowner
wells, future water levels based on
projected usage, recreational values,
and property values; and
(ii) specific options and measures
for mitigating the impacts, as
appropriate;
(B) the Secretary has made the agreements and
any applicable project designs, operations
plans, and other documents available for public
review and comment in the Federal Register for
a period of not less than 60 days; and
(C) the Secretary has made a determination,
consistent with applicable law, that the
agreements and activities to which the
agreements relate--
(i) are in the public interest; and
(ii) could be implemented without
significant adverse impacts to the
environment.
(4) Electrical power associated with Kachess drought
relief pumping plant.--
(A) In general.--The Administrator of the
Bonneville Power Administration, pursuant to
the Pacific Northwest Electric Power Planning
and Conservation Act (16 U.S.C. 839 et seq.),
shall provide to the Secretary project power to
operate the Kachess Pumping Plant constructed
under this title if inactive storage in Kachess
Reservoir is needed to provide drought relief
for irrigation, subject to the requirements of
subparagraphs (B) and (C).
(B) Determination.--Power may be provided
under subparagraph (A) only if--
(i) there is in effect a drought
declaration issued by the State of
Washington;
(ii) there are conditions that have
led to 70 percent or less water
delivery to proratable irrigation
districts, as determined by the
Secretary; and
(iii) the Secretary determines that
it is appropriate to provide power
under that subparagraph.
(C) Period of availability.--Power under
subparagraph (A) shall be provided until the
date on which the Secretary determines that
power should no longer be provided under that
subparagraph, but for not more than a 1-year
period or the period during which the Secretary
determines that drought mitigation measures are
necessary in the Yakima River basin.
(D) Rate.--The Administrator of the
Bonneville Power Administration shall provide
power under subparagraph (A) at the then-
applicable lowest Bonneville Power
Administration rate for public body,
cooperative, and Federal agency customers firm
obligations, which as of the date of enactment
of this section is the priority firm Tier 1
rate, and shall not include any irrigation
discount.
(E) Local provider.--During any period in
which power is not being provided under
subparagraph (A), the power needed to operate
the Kachess Pumping Plant shall be obtained by
the Secretary from a local provider.
(F) Costs.--The cost of power for such
pumping, station service power, and all costs
of transmitting power from the Federal Columbia
River Power System to the Yakima Enhancement
Project pumping facilities shall be borne by
irrigation districts receiving the benefits of
that water.
(G) Duties of commissioner.--The Commissioner
of Reclamation shall be responsible for
arranging transmission for deliveries of
Federal power over the Bonneville system
through applicable tariff and business practice
processes of the Bonneville system and for
arranging transmission for deliveries of power
obtained from a local provider.
(c) Design and Use of Groundwater Recharge Projects.--
(1) In general.--Any water supply that results from
an aquifer storage and recovery project shall not be
considered to be a part of the total water supply
available if--
(A) the water for the aquifer storage and
recovery project would not be available for
use, but instead for the development of the
project;
(B) the aquifer storage and recovery project
will not otherwise impair any water supply
available for any individual or entity entitled
to use the total water supply available; and
(C) the development of the aquifer storage
and recovery project will not impair fish or
other aquatic life in any localized stream
reach.
(2) Project types.--The Secretary may provide
technical assistance for, and participate in, any of
the following 3 types of groundwater recharge projects
(including the incorporation of groundwater recharge
projects into Yakima Project operations, as
appropriate):
(A) Aquifer recharge projects designed to
redistribute Yakima Project water within a
water year for the purposes of supplementing
stream flow during the irrigation season,
particularly during storage control, subject to
the condition that if such a project is
designed to supplement a mainstem reach, the
water supply that results from the project
shall be credited to instream flow targets, in
lieu of using the total water supply available
to meet those targets.
(B) Aquifer storage and recovery projects
that are designed, within a given water year or
over multiple water years--
(i) to supplement or mitigate for
municipal uses;
(ii) to supplement municipal supply
in a subsurface aquifer; or
(iii) to mitigate the effect of
groundwater use on instream flow or
senior water rights.
(C) Aquifer storage and recovery projects
designed to supplement existing irrigation
water supply, or to store water in subsurface
aquifers, for use by the Kittitas Reclamation
District, the Roza Irrigation District, or any
other proratable irrigation entity
participating in the repayment of the
construction, operation, and maintenance costs
of the facilities under this section during
years in which the total water supply available
is insufficient to provide to those proratable
irrigation entities all water to which the
entities are entitled, subject to the
conditions that--
(i) the Bureau of Indian Affairs, the
Wapato Irrigation Project, and the
Yakama Nation, on an election to
participate, may also obtain water from
aquifer storage to enhance applicable
existing irrigation water supply in
accordance with such terms and
conditions to which the Bureau of
Indian Affairs and the Yakama Nation
may agree; and
(ii) nothing in this subparagraph
affects (as in existence on the date of
enactment of this section) any
contract, law (including regulations)
relating to repayment costs, water
right, or Yakama Nation treaty right.
(d) Federal Cost-Share.--
(1) In general.--The Federal cost-share of a project
carried out under this section shall be determined in
accordance with the applicable laws (including
regulations) and policies of the Bureau of Reclamation.
(2) Initial phase.--The Federal cost-share for the
initial development phase of the Integrated Plan shall
not exceed 50 percent of the total cost of the initial
development phase.
(3) State and other contributions.--The Secretary may
accept as part of the non-Federal cost-share of a
project carried out under this section, and expend as
if appropriated, any contribution (including in-kind
services) by the State of Washington or any other
individual or entity that the Secretary determines will
enhance the conduct and completion of the project.
(4) Limitation on use of other federal funds.--Except
as otherwise provided in this title, other Federal
funds may not be used to provide the non-Federal cost-
share of a project carried out under this section.
(e) Savings and Contingencies.--Nothing in this section
shall--
(1) be a new or supplemental benefit for purposes of
the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et
seq.);
(2) affect any contract in existence on the date of
enactment of the Yakima River Basin Water Enhancement
Project Phase III Act of 2015 that was executed
pursuant to the reclamation laws;
(3) affect any contract or agreement between the
Bureau of Indian Affairs and the Bureau of Reclamation;
(4) affect, waive, abrogate, diminish, define, or
interpret the treaty between the Yakama Nation and the
United States; or
(5) constrain the continued authority of the
Secretary to provide fish passage in the Yakima Basin
in accordance with the Hoover Power Plant Act of 1984
(43 U.S.C. 619 et seq.).
SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.
The Secretary shall retain authority and discretion over
the management of project supplies to optimize operational use
and flexibility to ensure compliance with all applicable
Federal and State laws, treaty rights of the Yakama Nation, and
legal obligations, including those contained in this Act. That
authority and discretion includes the ability of the United
States to store, deliver, conserve, and reuse water supplies
deriving from projects authorized under this title.
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