[106th Congress Public Law 498]
[From the U.S. Government Printing Office]


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[DOCID: f:publ498.106]


[[Page 114 STAT. 2221]]

Public Law 106-498
106th Congress

                                 An Act


 
 To authorize the Bureau of Reclamation to conduct certain feasibility 
 studies to augment water supplies for the Klamath Project, Oregon and 
California, and for other purposes. <<NOTE: Nov. 9, 2000 -  [S. 2882]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Klamath Basin Water Supply 
Enhancement Act of 2000.>>  assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Klamath Basin Water Supply 
Enhancement Act of 2000''.

SEC. 2. AUTHORIZATION TO CONDUCT FEASIBILITY STUDIES.

    In order to help meet the growing water needs in the Klamath River 
Basin, to improve water quality, to facilitate the efforts of the State 
of Oregon to resolve water rights claims in the Upper Klamath River 
Basin including facilitation of Klamath tribal water rights claims, and 
to reduce conflicts over water between the Upper and Lower Klamath 
Basins, the Secretary of the Interior (hereafter referred to as the 
``Secretary'') is authorized and directed, in consultation with affected 
State, local and tribal interests, stakeholder groups and the interested 
public, to engage in feasibility studies of the following proposals 
related to the Upper Klamath Basin and the Klamath Project, a Federal 
reclamation project in Oregon and California:
            (1) Increasing the storage capacity, and/or the yield of the 
        Klamath Project facilities while improving water quality, 
        consistent with the protection of fish and wildlife.
            (2) The potential for development of additional Klamath 
        Basin groundwater supplies to improve water quantity and 
        quality, including the effect of such groundwater development on 
        nonproject lands, groundwater and surface water supplies, and 
        fish and wildlife.
            (3) The potential for further innovations in the use of 
        existing water resources, or market-based approaches, in order 
        to meet growing water needs consistent with State water law.

SEC. 3. ADDITIONAL STUDIES.

    (a) Nonproject Lands.--The Secretary may enter into an agreement 
with the Oregon Department of Water Resources to fund studies relating 
to the water supply needs of nonproject lands in the Upper Klamath 
Basin.
    (b) Surveys.--To further the purposes of this Act, the Secretary is 
authorized to compile information on native fish species in the Upper 
Klamath River Basin, upstream of Upper Klamath Lake.

[[Page 114 STAT. 2222]]

Wherever possible, the Secretary should use data already developed by 
Federal agencies and other stakeholders in the Basin.
    (c) Hydrologic Studies.--The Secretary is directed to complete 
ongoing hydrologic surveys in the Klamath River Basin currently being 
conducted by the United States Geological Survey.
    (d) <<NOTE: Deadline.>>  Reporting Requirements.--The Secretary 
shall submit the findings of the studies conducted under section 2 and 
section 3(a) of this Act to the Congress within 90 days of each study's 
completion, together with any recommendations for projects.

SEC. 4. LIMITATION.

    Activities funded under this Act shall not be considered a 
supplemental or additional benefit under the Act of June 17, 1902 (82 
Stat. 388) and all Acts amendatory thereof or supplementary thereto.

SEC. 5. WATER RIGHTS

    Nothing in this Act shall be construed to--
            (1) create, by implication or otherwise, any reserved water 
        right or other right to the use of water;
            (2) invalidate, preempt, or create any exception to State 
        water law or an interstate compact governing water;
            (3) alter the rights of any State to any appropriated share 
        of the waters of any body or surface or groundwater, whether 
        determined by past or future interstate compacts or by past or 
        future legislative or final judicial allocations;
            (4) preempt or modify any State or Federal law or interstate 
        compact dealing with water quality or disposal; or
            (5) confer upon any non-Federal entity the ability to 
        exercise any Federal right to the waters of any stream or to any 
        groundwater resources.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized such sums as necessary to carry out the 
purposes of this Act. Activities conducted under this Act shall be 
nonreimbursable and nonreturnable.

    Approved November 9, 2000.

LEGISLATIVE HISTORY--S. 2882:
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SENATE REPORTS: No. 106-489 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 13, considered and passed Senate.
            Oct. 23, considered and passed House.

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