    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-244
    113th Congress

    An Act

    To amend the Wild and Scenic Rivers Act to adjust the Crooked River
    boundary, to provide water certainty for the City of Prineville, Oregon,
    and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crooked River Collaborative Water
    Security and Jobs Act of 2014''.
    SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
    is amended by striking paragraph (72) and inserting the following:
    ``(72) Crooked, oregon.--
    ``(A) In general.--The 14.75-mile segment from the
    National Grassland boundary to Dry Creek, to be
    administered by the Secretary of the Interior in the
    following classes:
    ``(i) The 7-mile segment from the National
    Grassland boundary to River Mile 8 south of Opal
    Spring, as a recreational river.
    ``(ii) The 7.75-mile segment from a point \1/
    4\-mile downstream from the center crest of Bowman
    Dam, as a recreational river.
    ``(B) <>
    Hydropower.--In any license or lease of power privilege
    application relating to non-Federal hydropower
    development (including turbines and appurtenant
    facilities) at Bowman Dam, the applicant, in
    consultation with the Director of the Bureau of Land
    Management, shall--
    ``(i) analyze any impacts to the scenic,
    recreational, and fishery resource values of the
    Crooked River from the center crest of Bowman Dam
    to a point \1/4\-mile downstream that may be
    caused by the proposed hydropower development,
    including the future need to undertake routine and
    emergency repairs;
    ``(ii) propose measures to minimize and
    mitigate any impacts analyzed under clause (i);
    and
    ``(iii) propose designs and measures to ensure
    that any access facilities associated with
    hydropower development at Bowman Dam shall not
    impede the free-flowing nature of the Crooked
    River below Bowman Dam.''.

    [[Page 2865]]

    SEC. 3. <>  CITY OF PRINEVILLE WATER SUPPLY.

    Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554;
    78 Stat. 954) is amended--
    (1) by striking ``sec. 4. In order'' and inserting the
    following:
    ``SEC. 4. CITY OF PRINEVILLE WATER SUPPLY.

    ``(a) In General.--In order'';
    (2) in subsection (a) (as so designated), by striking
    ``during those months'' and all that follows through ``purpose
    of the project''; and
    (3) by adding at the end the following:

    ``(b) Annual Release.--
    ``(1) <>  In general.--Without
    further action by the Secretary of the Interior, beginning on
    the date of enactment of the Crooked River Collaborative Water
    Security and Jobs Act of 2014, 5,100 acre-feet of water shall be
    annually released from the project to serve as mitigation for
    City of Prineville groundwater pumping, pursuant to and in a
    manner consistent with Oregon State law, including any shaping
    of the release of the water.
    ``(2) Payments.--The City of Prineville shall make payments
    to the Secretary of the Interior for the water released under
    paragraph (1), in accordance with applicable Bureau of
    Reclamation policies, directives, and standards.

    ``(c) Additional Quantities.--Consistent with the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
    Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other
    applicable Federal laws, the Secretary of the Interior may contract
    exclusively with the City of Prineville for additional quantities of
    water, at the request of the City of Prineville.''.
    SEC. 4. ADDITIONAL PROVISIONS.

    The Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat.
    954), is amended by adding at the end the following:
    ``SEC. 6. FIRST FILL STORAGE AND RELEASE.

    ``(a) In General.--Other than the 10 cubic feet per second release
    provided for in section 4, and subject to compliance with the flood
    curve requirements of the Corps of Engineers, the Secretary shall, on a
    `first fill' priority basis, store in and when called for in any year
    release from Prineville Reservoir, whether from carryover, infill, or a
    combination of both, the following:
    ``(1) Not more than 68,273 acre-feet of water annually to
    fulfill all 16 Bureau of Reclamation contracts existing as of
    January 1, 2011.
    ``(2) Not more than 2,740 acre-feet of water annually to
    supply the McKay Creek land, in accordance with section 5 of the
    Crooked River Collaborative Water Security and Jobs Act of 2014.
    ``(3) Not more than 10,000 acre-feet of water annually, to
    be made available first to the North Unit Irrigation District,
    and subsequently to any other holders of Reclamation contracts
    existing as of January 1, 2011 (in that order) pursuant to
    Temporary Water Service Contracts, on the request of the North
    Unit Irrigation District or the contract holders, consistent
    with the same terms and conditions as prior such contracts
    between the Bureau of Reclamation and District or contract
    holders, as applicable.

    [[Page 2866]]

    ``(4) Not more than 5,100 acre-feet of water annually to
    mitigate the City of Prineville groundwater pumping under
    section 4, with the release of this water to occur not based on
    an annual call, but instead pursuant to section 4 and the
    release schedule developed pursuant to section 7(b).

    ``(b) Carryover.--Except for water that may be called for and
    released after the end of the irrigation season (either as City of
    Prineville groundwater pumping mitigation or as a voluntary release, in
    accordance with section 4 of this Act and section 6(c) of the Crooked
    River Collaborative Water Security and Jobs Act of 2014, respectively),
    any water stored under this section that is not called for and released
    by the end of the irrigation season in a given year shall be--
    ``(1) <>  carried over to the subsequent
    water year, which, for accounting purposes, shall be considered
    to be the 1-year period beginning October 1 and ending September
    30, consistent with Oregon State law; and
    ``(2) accounted for as part of the `first fill' storage
    quantities of the subsequent water year, but not to exceed the
    maximum `first fill' storage quantities described in subsection
    (a).
    ``SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER
    QUANTITIES.

    ``(a) Authorization.--
    ``(1) In general.--The Secretary shall store in and release
    from Prineville Reservoir sufficient quantities of remaining
    stored quantities to be released pursuant to the annual release
    schedule under subsection (b) and to provide instream flows
    consistent, to the maximum extent practicable, with the
    recommendations for in-channel strategies in the plan prepared
    by the Northwest Power and Conservation Council entitled
    `Deschutes Subbasin Plan' and dated March 24, 2005, for flow
    between Bowman Dam and Lake Billy Chinook.
    ``(2) Requirements.--In calculating the quantity of released
    water under paragraph (1), the Secretary shall--
    ``(A) <>  comply with the flood
    curve requirements of the Corps of Engineers; and
    ``(B) credit toward the requirements of paragraph
    (1) the instream flow benefits provided by--
    ``(i) the quantities released under section 4;
    ``(ii) the `first fill' quantities released
    under section 6; and
    ``(iii) any quantities released to comply with
    the flood curve requirements of the Corps of
    Engineers.
    ``(3) Use of uncontracted water.--If a consultation
    conducted under the Endangered Species Act of 1973 (16 U.S.C.
    1531 et seq.) or an order of a court in a proceeding under that
    Act requires releases of stored water from Prineville Reservoir
    for fish and wildlife downstream of Bowman Dam, the Secretary
    shall use uncontracted water under paragraph (1).
    ``(4) State water law.--All releases and downstream uses
    authorized under paragraph (1) shall be in accordance with
    Oregon State water law.

    ``(b) <>  Annual Release Schedule.--The
    Commissioner of Reclamation, in consultation with the Assistant
    Administrator of Fisheries of the National Marine Fisheries Service and
    the Director of the United States Fish and Wildlife Service, shall
    develop annual

    [[Page 2867]]

    release schedules for the remaining stored water quantities (including
    the quantities described in subsection (a) and the water serving as
    mitigation for City of Prineville groundwater pumping pursuant to
    section 4) that maximizes, to the maximum extent practicable, benefits
    to downstream fish and wildlife.

    ``(c) Carryover.--Any water stored under subsection (a) in 1 water
    year that is not released during the water year--
    ``(1) shall be carried over to the subsequent water year;
    and
    ``(2)(A) may be released for downstream fish and wildlife
    resources, consistent with subsection (b), until the reservoir
    reaches maximum capacity in the subsequent water year; and
    ``(B) once the reservoir reaches maximum capacity under
    subparagraph (A), shall be credited to the `first fill' storage
    quantities, but not to exceed the maximum `first fill' storage
    quantities described in section 6(a).

    ``(d) Effect.--Nothing in this section affects the authority of the
    Commissioner of Reclamation to perform all other traditional and routine
    activities associated with the Crooked River Project.
    ``SEC. 8. RESERVOIR LEVELS.

    ``The Commissioner of Reclamation shall--
    ``(1) project reservoir water levels over the course of the
    year; and
    ``(2) make the projections under paragraph (1) available
    to--
    ``(A) <>  the public
    (including fisheries groups, recreation interests, and
    municipal and irrigation stakeholders);
    ``(B) the Assistant Administrator of Fisheries of
    the National Marine Fisheries Service; and
    ``(C) the Director of the United States Fish and
    Wildlife Service.
    ``SEC. 9. EFFECT.

    ``Except as otherwise provided in this Act, nothing in this Act--
    ``(1) modifies contractual rights that may exist between
    contractors and the United States under Reclamation contracts;
    ``(2) amends or reopens contracts referred to in paragraph
    (1); or
    ``(3) modifies any rights, obligations, or requirements that
    may be provided or governed by Federal or Oregon State law.''.
    SEC. 5. OCHOCO IRRIGATION DISTRICT.

    (a) Early Repayment.--
    (1) In general.--Notwithstanding section 213 of the
    Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner
    within Ochoco Irrigation District, Oregon (referred to in this
    section as the ``district''), may repay, at any time, the
    construction costs of the project facilities allocated to the
    land of the landowner within the district.
    (2) Exemption from limitations.--Upon discharge, in full, of
    the obligation for repayment of the construction costs allocated
    to all land of the landowner in the district, the land shall not
    be subject to the ownership and full-cost pricing limitations of
    Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388,
    chapter 1093), and Acts supplemental to and amendatory of that
    Act (43 U.S.C. 371 et seq.)).

    [[Page 2868]]

    (b) Certification.--Upon the request of a landowner who has repaid,
    in full, the construction costs of the project facilities allocated to
    the land of the landowner within the district, the Secretary of the
    Interior shall provide the certification described in section 213(b)(1)
    of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)).
    (c) Contract Amendment.--On approval of the district directors and
    notwithstanding project authorizing authority to the contrary, the
    Reclamation contracts of the district are modified, without further
    action by the Secretary of the Interior--
    (1) to authorize the use of water for instream purposes,
    including fish or wildlife purposes, in order for the district
    to engage in, or take advantage of, conserved water projects and
    temporary instream leasing as authorized by Oregon State law;
    (2) to include within the district boundary approximately
    2,742 acres in the vicinity of McKay Creek, resulting in a total
    of approximately 44,937 acres within the district boundary;
    (3) to classify as irrigable approximately 685 acres within
    the approximately 2,742 acres of included land in the vicinity
    of McKay Creek, with those approximately 685 acres authorized to
    receive irrigation water pursuant to water rights issued by the
    State of Oregon if the acres have in the past received water
    pursuant to State water rights; and
    (4) to provide the district with stored water from
    Prineville Reservoir for purposes of supplying up to the
    approximately 685 acres of land added within the district
    boundary and classified as irrigable under paragraphs (2) and
    (3), with the stored water to be supplied on an acre-per-acre
    basis contingent on the transfer of existing appurtenant McKay
    Creek water rights to instream use and the issuance of water
    rights by the State of Oregon for the use of stored water.

    (d) Limitation.--Except as otherwise provided in subsections (a) and
    (c), nothing in this section--
    (1) modifies contractual rights that may exist between the
    district and the United States under the Reclamation contracts
    of the district;
    (2) amends or reopens the contracts referred to in paragraph
    (1); or
    (3) modifies any rights, obligations, or relationships that
    may exist between the district and any owner of land within the
    district, as may be provided or governed by Federal or Oregon
    State law.
    SEC. 6. <>  DRY-YEAR MANAGEMENT PLANNING AND
    VOLUNTARY RELEASES.

    (a) Participation in Dry-year Management Planning Meetings.--The
    Bureau of Reclamation <>  shall participate in
    dry-year management planning meetings with the State of Oregon, the
    Confederated Tribes of the Warm Springs Reservation of Oregon,
    municipal, agricultural, conservation, recreation, and other interested
    stakeholders to plan for dry-year conditions.

    (b) Dry-year Management Plan.--
    (1) <>  In general.--Not later than 3
    years after the date of enactment of this Act, the Bureau of
    Reclamation shall

    [[Page 2869]]

    develop a dry-year management plan in coordination with the
    participants referred to in subsection (a).
    (2) Requirements.--The plan developed under paragraph (1)
    shall only recommend strategies, measures, and actions that the
    irrigation districts and other Bureau of Reclamation contract
    holders voluntarily agree to implement.
    (3) Limitations.--Nothing in the plan developed under
    paragraph (1) shall be mandatory or self-implementing.

    (c) <>  Voluntary Release.--In any year,
    if North Unit Irrigation District or other eligible Bureau of
    Reclamation contract holders have not initiated contracting with the
    Bureau of Reclamation for any quantity of the 10,000 acre feet of water
    described in subsection (a)(3) of section 6 of the Act of August 6, 1956
    (70 Stat. 1058) (as added by section 4), by June 1 of any calendar year,
    with the voluntary agreement of North Unit Irrigation District and other
    Bureau of Reclamation contract holders referred to in that paragraph,
    the Secretary may release that quantity of water for the benefit of
    downstream fish and wildlife as described in section 7 of that Act.
    SEC. 7. HYDROPOWER DECISION.

    Not <>  later than 3 years after the
    date of enactment of this Act, the Commissioner of Reclamation shall
    determine the applicability of the jurisdiction of the Commissioner of
    Reclamation to non-Federal hydropower development pursuant to--
    (1) the Memorandum of Understanding between the Federal
    Energy Regulatory Commission and the Bureau of Reclamation,
    Department of the Interior, entitled ``Establishment of
    Processes for the Early Resolution of Issues Related to the
    Timely Development of Non-Federal Hydroelectric power at the
    Bureau of Reclamation Facilities'' and signed November 6, 1992
    (58 Fed. Reg. 3269); or
    (2) any memorandum of understanding that is subsequent or
    related to the memorandum of understanding described in
    paragraph (1).
    SEC. 8. <>  RELATION TO EXISTING LAWS AND
    STATUTORY OBLIGATIONS.

    Nothing in this Act (or an amendment made by this Act)--
    (1) provides to the Secretary the authority to store and
    release the ``first fill'' quantities provided for in section 6
    of the Act of August 6, 1956 (70 Stat. 1058) (as added by
    section 4) for any purposes other than the purposes provided for
    in that section, except for--
    (A) the potential instream use resulting from
    conserved water projects and temporary instream leasing
    as provided for in section 5(c)(1);
    (B) the potential release of additional amounts that
    may result from voluntary actions agreed to through the
    dry-year management plan developed under section 6(b);
    and
    (C) the potential release of the 10,000 acre feet
    for downstream fish and wildlife as provided for in
    section 6(c); or

    [[Page 2870]]

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

    Approved December 18, 2014.

    LEGISLATIVE HISTORY--H.R. 2640:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-224 (Comm. on Natural Resources).
    CONGRESSIONAL RECORD:
    Vol. 159 (2013):
    Oct. 29, considered and passed
    House.
    Vol. 160 (2014):
    Dec. 11, considered and passed
    Senate, amended. House concurred
    in Senate amendment.