I 

114TH CONGRESS 

2D SESSION H. R. 4686 

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, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2016 

Mr. REICHERT (for himself and Mr. NEWHOUSE) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

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, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Yakima River Basin 

5 Water Enhancement Project Phase III Act’’. 


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1 SEC. 2. MODIFICATION OF TERMS, PURPOSES, AND DEFINI2 TIONS. 

3 (a) MODIFICATION OF TERMS.—Title XII of Public 

4 Law 103–434 (108 Stat. 4550) is amended— 

5 (1) by striking ‘‘Yakama Indian’’ each place it 

6 appears (except section 1204(g)) and inserting 

7 ‘‘Yakama’’; and 

8 (2) by striking ‘‘Superintendent’’ each place it 

9 appears and inserting ‘‘Manager’’. 

10 (b) MODIFICATION OF PURPOSES.—Section 1201 of 

11 Public Law 103–434 (108 Stat. 4550) is amended— 

12 (1) by striking paragraph (1) and inserting the 

13 following: 

14 ‘‘(1) to protect, mitigate, and enhance fish and 

15 wildlife and the recovery and maintenance of self16 sustaining harvestable populations of fish and other 

17 aquatic life, both anadromous and resident species, 

18 in the Yakima Basin through— 

19 ‘‘(A) improved water management and the 

20 constructions of fish passage at storage and di21 version dams, as authorized under the Hoover 

22 Power Plant Act of 1984 (43 U.S.C. 619 et 

23 seq.); 

24 ‘‘(B) improved instream flows and water 

25 supplies; 


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1 ‘‘(C) improved water quality, watershed, 

2 and ecosystem function; 

3 ‘‘(D) protection and enhancement of wet4 lands; and 

5 ‘‘(E) other appropriate means of habitat 

6 improvement;’’; 

7 (2) in paragraph (2), by inserting ‘‘, municipal, 

8 industrial, and domestic water supply and use pur9 poses, especially during drought years, including re10 ducing the frequency and severity of water supply 

11 shortages for proratable irrigation entities’’ before 

12 the semicolon at the end; 

13 (3) by striking paragraph (4); 

14 (4) by redesignating paragraph (3) as para15 graph (4); 

16 (5) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) to authorize the Secretary to make water 

19 available for purchase or lease for meeting munic20 ipal, industrial, and domestic water supply pur21 poses;’’; 

22 (6) by redesignating paragraphs (5) and (6) as 

23 paragraphs (6) and (8), respectively; 

24 (7) by inserting after paragraph (4) (as so re25 designated) the following: 


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1 ‘‘(5) to realize sufficient water savings from im2 plementing the Yakima River Basin Integrated 

3 Water Resource Management Plan, so that not less 

4 than 85,000 acre feet of water savings are achieved 

5 by implementing the first phase of the Integrated 

6 Plan pursuant to section 1213(a);’’; 

7 (8) in paragraph (6) (as so redesignated)— 

8 (A) by inserting ‘‘an increase in’’ before 

9 ‘‘voluntary’’; and 

10 (B) by striking ‘‘and’’ at the end; 

11 (9) by inserting after paragraph (6) (as so re12 designated) the following: 

13 ‘‘(7) to encourage an increase in the use of, and 

14 reduce the barriers to, water transfers, leasing, mar15 kets, and other voluntary transactions among public 

16 and private entities to enhance water management 

17 in the Yakima River basin;’’; 

18 (10) in paragraph (8) (as redesignated by para19 graph (6)), by striking the period at the end and in20 serting a semicolon; and 

21 (11) by adding at the end the following: 

22 ‘‘(9) to improve the resilience of the ecosystems, 

23 economies, and communities in the Basin as they 

24 face drought, hydrologic changes, and other related 

25 changes and variability in natural and human sysVerDate Sep 11 2014 02:28 Mar 04, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.IH H4686

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1 tems, for the benefit of both the people and the fish 

2 and wildlife of the region; and 

3 ‘‘(10) to authorize and implement the Yakima 

4 River Basin Integrated Water Resource Manage5 ment Plan as Phase III of the Yakima River Basin 

6 Water Enhancement Project, as a balanced and 

7 cost-effective approach to maximize benefits to the 

8 communities and environment in the Basin.’’. 

9 (c) MODIFICATION OF DEFINITIONS.—Section 1202 

10 of Public Law 103–434 (108 Stat. 4550) is amended— 

11 (1) by redesignating paragraphs (6), (7), (8), 

12 (9), (10), (11), (12), (13), and (14) as paragraphs 

13 (8), (10), (11), (13), (14), (15), (16), (18), and 

14 (19), respectively; 

15 (2) by inserting after paragraph (5) the fol16 lowing: 

17 ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The 

18 term ‘designated Federal official’ means the Com19 missioner of Reclamation (or a designee), acting 

20 pursuant to the charter of the Conservation Advisory 

21 Group. 

22 ‘‘(7) INTEGRATED PLAN.—The terms ‘Inte23 grated Plan’ and ‘Yakima River Basin Integrated 

24 Water Resource Plan’ mean the plan and activities 

25 authorized by the Yakima River Basin Enhancement 


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1 Project Phase III Act of 2015 and the amendments 

2 made by that Act, to be carried out in cooperation 

3 with and in addition to activities of the State of 

4 Washington and Yakama Nation.’’; 

5 (3) by inserting after paragraph (8) (as redesig6 nated by paragraph (1)) the following: 

7 ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC

8 WATER SUPPLY AND USE.—The term ‘municipal, in9 dustrial, and domestic water supply and use’ means 

10 the supply and use of water for— 

11 ‘‘(A) domestic consumption (whether urban 

12 or rural); 

13 ‘‘(B) maintenance and protection of public 

14 health and safety; 

15 ‘‘(C) manufacture, fabrication, processing, 

16 assembly, or other production of a good or com17 modity; 

18 ‘‘(D) production of energy; 

19 ‘‘(E) fish hatcheries; or 

20 ‘‘(F) water conservation activities relating 

21 to a use described in subparagraphs (A) 

22 through (E).’’; 

23 (4) by inserting after paragraph (11) (as redes24 ignated by paragraph (1)) the following: 


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1 ‘‘(12) PRORATABLE IRRIGATION ENTITY.—The 

2 term ‘proratable irrigation entity’ means a district, 

3 project, or State-recognized authority, board of con4 trol, agency, or entity located in the Yakima River 

5 basin that— 

6 ‘‘(A) manages and delivers irrigation water 

7 to farms in the basin; and 

8 ‘‘(B) possesses, or the members of which 

9 possess, water rights that are proratable during 

10 periods of water shortage.’’; and 

11 (5) by inserting after paragraph (16) (as redes12 ignated by paragraph (1)) the following: 

13 ‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAK14 IMA RIVER BASIN WATER ENHANCEMENT

15 PROJECT.—The terms ‘Yakima Enhancement 

16 Project’ and ‘Yakima River Basin Water Enhance17 ment Project’ mean the Yakima River basin water 

18 enhancement project authorized by Congress pursu19 ant to this Act and other Acts (including Public Law 

20 96–162 (93 Stat. 1241), section 109 of Public Law 

21 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub22 lic Law 105–62 (111 Stat. 1320), and Public Law 

23 106–372 (114 Stat. 1425)) to promote water con24 servation, water supply, habitat, and stream enVerDate Sep 11 2014 02:28 Mar 04, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.IH H4686

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1 hancement improvements in the Yakima River 

2 basin.’’. 

3 SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO4 GRAM. 

5 Section 1203 of Public Law 103–434 (108 Stat. 

6 4551) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) in the second sentence, by striking 

10 ‘‘title’’ and inserting ‘‘section’’; and 

11 (ii) in the third sentence, by striking 

12 ‘‘within 5 years of the date of enactment 

13 of this Act’’; and 

14 (B) in paragraph (2), by striking ‘‘irriga15 tion’’ and inserting ‘‘the number of irrigated 

16 acres’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (2)— 

19 (i) in each of subparagraphs (A) 

20 through (D), by striking the comma at the 

21 end and inserting a semicolon; 

22 (ii) in subparagraph (E), by striking 

23 the comma at the end and inserting ‘‘; 

24 and’’; 


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1 (iii) in subparagraph (F), by striking 

2 ‘‘Department of Wildlife of the State of 

3 Washington, and’’ and inserting ‘‘Depart4 ment of Fish and Wildlife of the State of 

5 Washington.’’; and 

6 (iv) by striking subparagraph (G); 

7 (B) in paragraph (3)— 

8 (i) in each of subparagraphs (A) 

9 through (C), by striking the comma at the 

10 end and inserting a semicolon; 

11 (ii) in subparagraph (D), by striking 

12 ‘‘, and’’ and inserting a semicolon; 

13 (iii) in subparagraph (E), by striking 

14 the period at the end and inserting ‘‘; 

15 and’’; and 

16 (iv) by adding at the end the fol17 lowing: 

18 ‘‘(F) provide recommendations to advance 

19 the purposes and programs of the Yakima En20 hancement Project, including the Integrated 

21 Plan.’’; and 

22 (C) by striking paragraph (4) and insert23 ing the following: 

24 ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF25 FICIAL.—The designated Federal official may— 


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1 ‘‘(A) arrange and provide logistical support 

2 for meetings of the Conservation Advisory 

3 Group; 

4 ‘‘(B) use a facilitator to serve as a moder5 ator for meetings of the Conservation Advisory 

6 Group or provide additional logistical support; 

7 and 

8 ‘‘(C) grant any request for a facilitator by 

9 any member of the Conservation Advisory 

10 Group.’’; 

11 (3) in subsection (d), by adding at the end the 

12 following: 

13 ‘‘(4) USE OF CONSERVED WATER.—The Yak14 ima Project Manager may use water resulting from 

15 conservation measures taken under this title, in ad16 dition to water that the Bureau of Reclamation may 

17 acquire from any willing seller through purchase, do18 nation, or lease, for water management uses pursu19 ant to this title.’’; 

20 (4) in subsection (e), by striking the first sen21 tence and inserting the following: ‘‘To participate in 

22 the Basin Conservation Program, as described in 

23 subsection (b), an entity shall submit to the Sec24 retary a proposed water conservation plan.’’; 

25 (5) in subsection (i)(3)— 


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1 (A) by striking ‘‘purchase or lease’’ each 

2 place it appears and inserting ‘‘purchase, lease, 

3 or management’’; and 

4 (B) in the third sentence, by striking 

5 ‘‘made immediately upon availability’’ and all 

6 that follows through ‘‘Committee’’ and inserting 

7 ‘‘continued as needed to provide water to be 

8 used by the Yakima Project Manager as rec9 ommended by the System Operations Advisory 

10 Committee and the Conservation Advisory 

11 Group’’; and 

12 (6) in subsection (j)(4), in the first sentence, by 

13 striking ‘‘initial acquisition’’ and all that follows 

14 through ‘‘flushing flows’’ and inserting ‘‘acquisition 

15 of water from willing sellers or lessors specifically to 

16 provide improved instream flows for anadromous 

17 and resident fish and other aquatic life, including 

18 pulse flows to facilitate outward migration of anad19 romous fish’’. 

20 SEC. 4. YAKIMA BASIN WATER PROJECTS, OPERATIONS, 

21 AND AUTHORIZATIONS. 

22 (a) YAKAMA NATION PROJECTS.—Section 1204 of 

23 Public Law 103–434 (108 Stat. 4555) is amended, in sub24 section (g)— 


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1 (1) by striking the subsection heading and in2 serting ‘‘REDESIGNATION OF YAKAMA INDIAN NA3 TION TO YAKAMA NATION.—’’; and 

4 (2) by striking paragraph (1) and inserting the 

5 following: 

6 ‘‘(1) REDESIGNATION.—The Confederated 

7 Tribes and Bands of the Yakama Indian Nation 

8 shall be known and designated as the ‘Confederated 

9 Tribes and Bands of the Yakama Nation’.’’. 

10 (A) in paragraph (2), by striking ‘‘deemed 

11 to be a reference to the ‘Confederated Tribes 

12 and Bands of the Yakama Indian Nation’.’’ and 

13 inserting ‘‘deemed to be a reference to the 

14 ‘Confederated Tribes and Bands of the Yakama 

15 Nation’.’’. 

16 (b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec17 tion 1205 of Public Law 103–434 (108 Stat. 4557) is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (4)— 

21 (i) in subparagraph (A)— 

22 (I) in clause (i)— 

23 (aa) by inserting ‘‘addi24 tional’’ after ‘‘secure’’; 


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1 (bb) by striking ‘‘flushing’’ 

2 and inserting ‘‘pulse’’; and 

3 (cc) by striking ‘‘uses’’ and 

4 inserting ‘‘uses, in addition to the 

5 quantity of water provided under 

6 the treaty between the Yakama 

7 Nation and the United States’’; 

8 (II) by striking clause (ii); 

9 (III) by redesignating clause (iii) 

10 as clause (ii); and 

11 (IV) in clause (ii) (as so redesig12 nated) by inserting ‘‘and water rights 

13 mandated’’ after ‘‘goals’’; and 

14 (ii) in subparagraph (B)(i), in the 

15 first sentence, by inserting ‘‘in proportion 

16 to the funding received’’ after ‘‘Program’’; 

17 (2) in subsection (b) (as amended by section 

18 2(a)(1)(B)), in the second sentence, by striking 

19 ‘‘instream flows for use by the Yakima Project Man20 ager as flushing flows or as otherwise’’ and inserting 

21 ‘‘fishery purposes, as’’; and 

22 (3) in subsection (e), by striking paragraph (1) 

23 and inserting the following: 

24 ‘‘(1) IN GENERAL.—Additional purposes of the 

25 Yakima Project shall be any of the following: 


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1 ‘‘(A) To recover and maintain self-sus2 taining harvestable populations of native fish, 

3 both anadromous and resident species, in the 

4 Yakima Basin. 

5 ‘‘(B) To protect, mitigate, and enhance 

6 aquatic life and wildlife. 

7 ‘‘(C) Recreation. 

8 ‘‘(D) Municipal, industrial, and domestic 

9 use.’’. 

10 (c) LAKE CLE ELUM AUTHORIZATION OF APPRO11 PRIATIONS.—Section 1206(a)(1) of Public Law 103–434 

12 (108 Stat. 4560), is amended, in the matter preceding 

13 subparagraph (A), by striking ‘‘at September’’ and all that 

14 follows through ‘‘to—’’. 

15 (d) ENHANCEMENT OF WATER SUPPLIES FOR YAK16 IMA BASIN TRIBUTARIES.—Section 1207 of Public Law 

17 103–434 (108 Stat. 4560) is amended— 

18 (1) in the heading, by striking ‘‘SUPPLIES’’ 

19 and inserting ‘‘MANAGEMENT’’; 

20 (2) in subsection (a)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘supplies’’ and inserting ‘‘manage23 ment’’; 

24 (B) in paragraph (1), by inserting ‘‘and 

25 water supply entities’’ after ‘‘owners’’; and 


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1 (C) in paragraph (2)— 

2 (i) in subparagraph (A), by inserting 

3 ‘‘that choose not to participate or opt out 

4 of tributary enhancement projects pursu5 ant to this section’’ after ‘‘water right own6 ers’’; and 

7 (ii) in subparagraph (B), by inserting 

8 ‘‘nonparticipating’’ before ‘‘tributary water 

9 users’’; 

10 (3) in subsection (b)— 

11 (A) in paragraph (1)— 

12 (i) by striking the paragraph designa13 tion and all that follows through ‘‘(but not 

14 limited to)—’’ and inserting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary, following 

16 consultation with the State of Washington, tributary 

17 water right owners, and the Yakama Nation, and on 

18 agreement of appropriate water right owners, is au19 thorized to conduct studies to evaluate measures to 

20 further Yakima Project purposes on tributaries to 

21 the Yakima River. Enhancement programs that use 

22 measures authorized by this subsection may be in23 vestigated and implemented by the Secretary in trib24 utaries to the Yakima River, including Taneum 

25 Creek, other areas, or tributary basins that currently 


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1 or could potentially be provided supplemental or 

2 transfer water by entities, such as the Kittitas Rec3 lamation District or the Yakima-Tieton Irrigation 

4 District, subject to the condition that activities may 

5 commence on completion of applicable and required 

6 feasibility studies, environmental reviews, and cost7 benefit analyses that include favorable recommenda8 tions for further project development, as appro9 priate. Measures to evaluate include—’’; 

10 (ii) by indenting subparagraphs (A) 

11 through (F) appropriately; 

12 (iii) in subparagraph (A), by inserting 

13 before the semicolon at the end the fol14 lowing: ‘‘, including irrigation efficiency 

15 improvements (in coordination with pro16 grams of the Department of Agriculture), 

17 consolidation of diversions or administra18 tion, and diversion scheduling or coordina19 tion’’; 

20 (iv) by redesignating subparagraphs 

21 (C) through (F) as subparagraphs (E) 

22 through (H), respectively; 

23 (v) by inserting after subparagraph 

24 (B) the following: 


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1 ‘‘(C) improvements in irrigation system 

2 management or delivery facilities within the 

3 Yakima River basin when those improvements 

4 allow for increased irrigation system conveyance 

5 and corresponding reduction in diversion from 

6 tributaries or flow enhancements to tributaries 

7 through direct flow supplementation or ground8 water recharge; 

9 ‘‘(D) improvements of irrigation system 

10 management or delivery facilities to reduce or 

11 eliminate excessively high flows caused by the 

12 use of natural streams for conveyance or irriga13 tion water or return water;’’; 

14 (vi) in subparagraph (E) (as redesig15 nated by clause (iv)), by striking ‘‘ground 

16 water’’ and inserting ‘‘groundwater re17 charge and’’; 

18 (vii) in subparagraph (G) (as redesig19 nated by clause (iv)), by inserting ‘‘or 

20 transfer’’ after ‘‘purchase’’; and 

21 (viii) in subparagraph (H) (as redesig22 nated by clause (iv)), by inserting ‘‘stream 

23 processes and’’ before ‘‘stream habitats’’; 

24 (B) in paragraph (2)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘the Taneum Creek 

3 study’’ and inserting ‘‘studies under this 

4 subsection’’; 

5 (ii) in subparagraph (B)— 

6 (I) by striking ‘‘and economic’’ 

7 and inserting ‘‘, infrastructure, eco8 nomic, and land use’’; and 

9 (II) by striking ‘‘and’’ at the end; 

10 (iii) in subparagraph (C), by striking 

11 the period at the end and inserting ‘‘; 

12 and’’; and 

13 (iv) by adding at the end the fol14 lowing: 

15 ‘‘(D) any related studies already underway 

16 or undertaken.’’; and 

17 (C) in paragraph (3), in the first sentence, 

18 by inserting ‘‘of each tributary or group of trib19 utaries’’ after ‘‘study’’; 

20 (4) in subsection (c)— 

21 (A) in the heading, by inserting ‘‘AND

22 NONSURFACE STORAGE’’ after ‘‘NONSTOR23 AGE’’; and 


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1 (B) in the matter preceding paragraph (1), 

2 by inserting ‘‘and nonsurface storage’’ after 

3 ‘‘nonstorage’’; 

4 (5) by striking subsection (d); 

5 (6) by redesignating subsection (e) as sub6 section (d); and 

7 (7) in paragraph (2) of subsection (d) (as so re8 designated)— 

9 (A) in the first sentence— 

10 (i) by inserting ‘‘and implementation’’ 

11 after ‘‘investigation’’; 

12 (ii) by striking ‘‘other’’ before ‘‘Yak13 ima River’’; and 

14 (iii) by inserting ‘‘and other water 

15 supply entities’’ after ‘‘owners’’; and 

16 (B) by striking the second sentence. 

17 (e) CHANDLER PUMPING PLANT AND POWERPLANT18 OPERATIONS AT PROSSER DIVERSION DAM.—Section 

19 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 

20 Stat. 1425) is amended by inserting ‘‘negatively’’ before 

21 ‘‘affected’’. 

22 SEC. 5. AUTHORIZATION OF PHASE III OF YAKIMA RIVER 

23 BASIN WATER ENHANCEMENT PROJECT. 

24 Title XII of Public Law 103–434 (108 Stat. 4550) 

25 is amended by adding at the end the following: 


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1 ‘‘SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS 

2 PHASE III OF YAKIMA RIVER BASIN WATER 

3 ENHANCEMENT PROJECT. 

4 ‘‘(a) INTEGRATED PLAN.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall imple6 ment the Integrated Plan as Phase III of the Yak7 ima River Basin Water Enhancement Project in ac8 cordance with this section and applicable laws. 

9 ‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN10 TEGRATED PLAN.— 

11 ‘‘(A) IN GENERAL.—The Secretary, in co12 ordination with the State of Washington and 

13 Yakama Nation and subject to feasibility stud14 ies, environmental reviews, and the availability 

15 of appropriations, shall implement an initial de16 velopment phase of the Integrated Plan, to— 

17 ‘‘(i) complete the planning, design, 

18 and construction or development of up19 stream and downstream fish passage facili20 ties, as previously authorized by the Hoo21 ver Power Plant Act of 1984 (43 U.S.C. 

22 619 et seq.) at Cle Elum Reservoir and an23 other Yakima Project reservoir identified 

24 by the Secretary as consistent with the In25 tegrated Plan, subject to the condition 

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1 tified by the Secretary contains a hydro2 power project licensed by the Federal En3 ergy Regulatory Commission, the Secretary 

4 shall cooperate with the Federal Energy 

5 Regulatory Commission in a timely manner 

6 to ensure that actions taken by the Sec7 retary are consistent with the applicable 

8 hydropower project license; 

9 ‘‘(ii) negotiate long-term agreements 

10 with participating proratable irrigation en11 tities in the Yakima Basin and, acting 

12 through the Bureau of Reclamation, co13 ordinate between Bureaus of the Depart14 ment of the Interior and with the heads of 

15 other Federal agencies to negotiate agree16 ments concerning leases, easements, and 

17 rights-of-way on Federal land, and other 

18 terms and conditions determined to be nec19 essary to allow for the non-Federal financ20 ing, construction, operation, and mainte21 nance of— 

22 ‘‘(I) new facilities needed to ac23 cess and deliver inactive storage in 

24 Lake Kachess for the purpose of pro25 viding drought relief for irrigation 


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1 (known as the ‘Kachess Drought Re2 lief Pumping Plant’); and 

3 ‘‘(II) a conveyance system to 

4 allow transfer of water between 

5 Keechelus Reservoir to Kachess Res6 ervoir for purposes of improving oper7 ational flexibility for the benefit of 

8 both fish and irrigation (known as the 

9 ‘K to K Pipeline’); 

10 ‘‘(iii) participate in, provide funding 

11 for, and accept non-Federal financing 

12 for— 

13 ‘‘(I) water conservation projects, 

14 not subject to the provisions of the 

15 Basin Conservation Program de16 scribed in section 1203, that are in17 tended to partially implement the In18 tegrated Plan by providing 85,000 

19 acre-feet of conserved water to im20 prove tributary and mainstem stream 

21 flow; and 

22 ‘‘(II) aquifer storage and recov23 ery projects; 

24 ‘‘(iv) study, evaluate, and conduct fea25 sibility analyses and environmental reviews 


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1 of fish passage, water supply (including 

2 groundwater and surface water storage), 

3 conservation, habitat restoration projects, 

4 and other alternatives identified as con5 sistent with the purposes of this Act, for 

6 the initial and future phases of the Inte7 grated Plan; 

8 ‘‘(v) coordinate with and assist the 

9 State of Washington in implementing a ro10 bust water market to enhance water man11 agement in the Yakima River basin, in12 cluding— 

13 ‘‘(I) assisting in identifying ways 

14 to encourage and increase the use of, 

15 and reduce the barriers to, water 

16 transfers, leasing, markets, and other 

17 voluntary transactions among public 

18 and private entities in the Yakima 

19 River basin; 

20 ‘‘(II) providing technical assist21 ance, including scientific data and 

22 market information; and 

23 ‘‘(III) negotiating agreements 

24 that would facilitate voluntary water 

25 transfers between entities, including 


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1 as appropriate, the use of federally 

2 managed infrastructure; and 

3 ‘‘(vi) enter into cooperative agree4 ments with, or, subject to a minimum non5 Federal cost-sharing requirement of 50 

6 percent, make grants to, the Yakama Na7 tion, the State of Washington, Yakima 

8 River basin irrigation districts, water dis9 tricts, conservation districts, other local 

10 governmental entities, nonprofit organiza11 tions, and land owners to carry out this 

12 title under such terms and conditions as 

13 the Secretary may require, including the 

14 following purposes: 

15 ‘‘(I) Land and water transfers, 

16 leases, and acquisitions from willing 

17 participants, so long as the acquiring 

18 entity shall hold title and be respon19 sible for any and all required oper20 ations, maintenance, and management 

21 of that land and water. 

22 ‘‘(II) To combine or relocate di23 version points, remove fish barriers, 

24 or for other activities that increase 

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1 ima River and its tributaries in fur2 therance of this title. 

3 ‘‘(III) To implement, in partner4 ship with Federal and non-Federal en5 tities, projects to enhance the health 

6 and resilience of the watershed. 

7 ‘‘(B) COMMENCEMENT DATE.—The Sec8 retary shall commence implementation of the 

9 activities included under the initial development 

10 phase pursuant to this paragraph— 

11 ‘‘(i) on the date of enactment of this 

12 section; and 

13 ‘‘(ii) on completion of applicable feasi14 bility studies, environmental reviews, and 

15 cost-benefit analyses that include favorable 

16 recommendations for further project devel17 opment. 

18 ‘‘(3) INTERMEDIATE AND FINAL PHASES.— 

19 ‘‘(A) IN GENERAL.—The Secretary, in co20 ordination with the State of Washington and in 

21 consultation with the Yakama Nation, shall de22 velop plans for intermediate and final develop23 ment phases of the Integrated Plan to achieve 

24 the purposes of this Act, including conducting 

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1 views, and other relevant studies needed to de2 velop the plans. 

3 ‘‘(B) INTERMEDIATE PHASE.—The Sec4 retary shall develop an intermediate develop5 ment phase to implement the Integrated Plan 

6 that, subject to authorization and appropria7 tion, would commence not later than 10 years 

8 after the date of enactment of this section. 

9 ‘‘(C) FINAL PHASE.—The Secretary shall 

10 develop a final development phase to implement 

11 the Integrated Plan that, subject to authoriza12 tion and appropriation, would commence not 

13 later than 20 years after the date of enactment 

14 of this section. 

15 ‘‘(4) CONTINGENCIES.—The implementation by 

16 the Secretary of projects and activities identified for 

17 implementation under the Integrated Plan shall be— 

18 ‘‘(A) subject to authorization and appro19 priation; 

20 ‘‘(B) contingent on the completion of appli21 cable feasibility studies, environmental reviews, 

22 and cost-benefit analyses that include favorable 

23 recommendations for further project develop24 ment; 


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1 ‘‘(C) implemented on public review and a 

2 determination by the Secretary that design, 

3 construction, and operation of a proposed 

4 project or activity is in the best interest of the 

5 public; and 

6 ‘‘(D) in compliance with all applicable 

7 laws, including the National Environmental 

8 Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

9 and the Endangered Species Act of 1973 (16 

10 U.S.C. 1531 et seq). 

11 ‘‘(5) PROGRESS REPORT.— 

12 ‘‘(A) IN GENERAL.—Not later than 5 years 

13 after the date of enactment of this section, the 

14 Secretary, in conjunction with the State of 

15 Washington and in consultation with the 

16 Yakama Nation, shall submit to the Committee 

17 on Energy and Natural Resources of the Senate 

18 and the Committee on Natural Resources of the 

19 House of Representatives a progress report on 

20 the development and implementation of the In21 tegrated Plan. 

22 ‘‘(B) REQUIREMENTS.—The progress re23 port under this paragraph shall— 

24 ‘‘(i) provide a review and reassess25 ment, if needed, of the objectives of the InVerDate Sep 11 2014 02:28 Mar 04, 2016 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4686.IH H4686

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1 tegrated Plan, as applied to all elements of 

2 the Integrated Plan; 

3 ‘‘(ii) assess, through performance 

4 metrics developed at the initiation of, and 

5 measured throughout the implementation 

6 of, the Integrated Plan, the degree to 

7 which the implementation of the initial de8 velopment phase addresses the objectives 

9 and all elements of the Integrated Plan; 

10 ‘‘(iii) identify the amount of Federal 

11 funding and non-Federal contributions re12 ceived and expended during the period cov13 ered by the report; 

14 ‘‘(iv) describe the pace of project de15 velopment during the period covered by the 

16 report; 

17 ‘‘(v) identify additional projects and 

18 activities proposed for inclusion in any fu19 ture phase of the Integrated Plan to ad20 dress the objectives of the Integrated Plan, 

21 as applied to all elements of the Integrated 

22 Plan; and 

23 ‘‘(vi) for water supply projects— 

24 ‘‘(I) provide a preliminary discus25 sion of the means by which— 


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1 ‘‘(aa) water and costs asso2 ciated with each recommended 

3 project would be allocated among 

4 authorized uses; and 

5 ‘‘(bb) those allocations 

6 would be consistent with the ob7 jectives of the Integrated Plan; 

8 and 

9 ‘‘(II) establish a plan for solic10 iting and formalizing subscriptions 

11 among individuals and entities for 

12 participation in any of the rec13 ommended water supply projects that 

14 will establish the terms for participa15 tion, including fiscal obligations asso16 ciated with subscription. 

17 ‘‘(b) FINANCING, CONSTRUCTION, OPERATION, AND

18 MAINTENANCE OF KACHESS DROUGHT RELIEF PUMPING

19 PLANT AND K TO K PIPELINE.— 

20 ‘‘(1) AGREEMENTS.—Long-term agreements ne21 gotiated between the Secretary and participating 

22 proratable irrigation entities in the Yakima Basin 

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1 ing Plant and K to K Pipeline shall include provi2 sions regarding— 

3 ‘‘(A) responsibilities of the participating 

4 proratable irrigation entities for the planning, 

5 design, and construction of infrastructure in 

6 consultation and coordination with the Sec7 retary; 

8 ‘‘(B) property titles and responsibilities of 

9 the participating proratable irrigation entities 

10 for the maintenance of and liability for all in11 frastructure constructed under this title; 

12 ‘‘(C) operation and integration of the 

13 projects by the Secretary in the operation of the 

14 Yakima Project; 

15 ‘‘(D) costs associated with the design, fi16 nancing, construction, operation, maintenance, 

17 and mitigation of projects, with the costs of 

18 Federal oversight and review to be nonreim19 bursable to the participating proratable irriga20 tion entities and the Yakima Project; and 

21 ‘‘(E) responsibilities for the pumping and 

22 operational costs necessary to provide the total 

23 water supply available made inaccessible due to 

24 drought pumping during the preceding 1 or 

25 more calendar years, in the event that the 


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1 Kachess Reservoir fails to refill as a result of 

2 pumping drought storage water during the pre3 ceding 1 or more calendar years, which shall re4 main the responsibility of the participating pro5 ratable irrigation entities. 

6 ‘‘(2) USE OF KACHESS RESERVOIR STORED

7 WATER.— 

8 ‘‘(A) IN GENERAL.—The additional stored 

9 water made available by the construction of fa10 cilities to access and deliver inactive storage in 

11 Kachess Reservoir under subsection 

12 (a)(2)(A)(ii)(I) shall— 

13 ‘‘(i) be considered to be Yakima 

14 Project water; 

15 ‘‘(ii) not be part of the total water 

16 supply available, as that term is defined in 

17 various court rulings; and 

18 ‘‘(iii) be used exclusively by the Sec19 retary— 

20 ‘‘(I) to enhance the water supply 

21 in years when the total water supply 

22 available is not sufficient to provide 

23 70 percent of proratable entitlements 

24 in order to make that additional water 

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1 able entitlements to the Kittitas Rec2 lamation District, the Roza Irrigation 

3 District, or other proratable irrigation 

4 entities participating in the construc5 tion, operation, and maintenance costs 

6 of the facilities under this title under 

7 such terms and conditions to which 

8 the districts may agree, subject to the 

9 conditions that— 

10 ‘‘(aa) the Bureau of Indian 

11 Affairs, the Wapato Irrigation 

12 Project, and the Yakama Nation, 

13 on an election to participate, may 

14 also obtain water from Kachess 

15 Reservoir inactive storage to en16 hance applicable existing irriga17 tion water supply in accordance 

18 with such terms and conditions 

19 to which the Bureau of Indian 

20 Affairs and the Yakama Nation 

21 may agree; and 

22 ‘‘(bb) the additional supply 

23 made available under this clause 

24 shall be available to participating 

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1 portion to the proratable entitle2 ments of the participating indi3 viduals and entities, or in such 

4 other proportion as the partici5 pating entities may agree; and 

6 ‘‘(II) to facilitate reservoir oper7 ations in the reach of the Yakima 

8 River between Keechelus Dam and 

9 Easton Dam for the propagation of 

10 anadromous fish. 

11 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing 

12 in this paragraph affects (as in existence on the 

13 date of enactment of this section) any contract, 

14 law (including regulations) relating to repay15 ment costs, water right, or Yakama Nation 

16 treaty right. 

17 ‘‘(3) COMMENCEMENT.—The Secretary shall 

18 not commence entering into agreements pursuant to 

19 subsection (a)(2)(A)(ii) or subsection (b)(1) or im20 plementing any activities pursuant to the agree21 ments before the date on which— 

22 ‘‘(A) all applicable and required feasibility 

23 studies, environmental reviews, and cost-benefit 

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1 able recommendations for further project devel2 opment, including an analysis of— 

3 ‘‘(i) the impacts of the agreements 

4 and activities conducted pursuant to sub5 section (a)(2)(A)(ii) on adjacent commu6 nities, including potential fire hazards, 

7 water access for fire districts, community 

8 and homeowner wells, future water levels 

9 based on projected usage, recreational val10 ues, and property values; and 

11 ‘‘(ii) specific options and measures for 

12 mitigating the impacts, as appropriate; 

13 ‘‘(B) the Secretary has made the agree14 ments and any applicable project designs, oper15 ations plans, and other documents available for 

16 public review and comment in the Federal Reg17 ister for a period of not less than 60 days; and 

18 ‘‘(C) the Secretary has made a determina19 tion, consistent with applicable law, that the 

20 agreements and activities to which the agree21 ments relate— 

22 ‘‘(i) are in the public interest; and 

23 ‘‘(ii) could be implemented without 

24 significant adverse impacts to the environ25 ment. 


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1 ‘‘(4) ELECTRICAL POWER ASSOCIATED WITH

2 KACHESS DROUGHT RELIEF PUMPING PLANT.— 

3 ‘‘(A) IN GENERAL.—The Administrator of 

4 the Bonneville Power Administration, pursuant 

5 to the Pacific Northwest Electric Power Plan6 ning and Conservation Act (16 U.S.C. 839 et 

7 seq.), shall provide to the Secretary project 

8 power to operate the Kachess Pumping Plant 

9 constructed under this title if inactive storage 

10 in Kachess Reservoir is needed to provide 

11 drought relief for irrigation, subject to the re12 quirements of subparagraphs (B) and (C). 

13 ‘‘(B) DETERMINATION.—Power may be 

14 provided under subparagraph (A) only if— 

15 ‘‘(i) there is in effect a drought dec16 laration issued by the State of Washington; 

17 ‘‘(ii) there are conditions that have led 

18 to 70 percent or less water delivery to pro19 ratable irrigation districts, as determined 

20 by the Secretary; and 

21 ‘‘(iii) the Secretary determines that it 

22 is appropriate to provide power under that 

23 subparagraph. 

24 ‘‘(C) PERIOD OF AVAILABILITY.—Power 

25 under subparagraph (A) shall be provided until 


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1 the date on which the Secretary determines that 

2 power should no longer be provided under that 

3 subparagraph, but for not more than a 1-year 

4 period or the period during which the Secretary 

5 determines that drought mitigation measures 

6 are necessary in the Yakima River basin. 

7 ‘‘(D) RATE.—The Administrator of the 

8 Bonneville Power Administration shall provide 

9 power under subparagraph (A) at the then-ap10 plicable lowest Bonneville Power Administration 

11 rate for public body, cooperative, and Federal 

12 agency customers firm obligations, which as of 

13 the date of enactment of this section is the pri14 ority firm Tier 1 rate, and shall not include any 

15 irrigation discount. 

16 ‘‘(E) LOCAL PROVIDER.—During any pe17 riod in which power is not being provided under 

18 subparagraph (A), the power needed to operate 

19 the Kachess Pumping Plant shall be obtained 

20 by the Secretary from a local provider. 

21 ‘‘(F) COSTS.—The cost of power for such 

22 pumping, station service power, and all costs of 

23 transmitting power from the Federal Columbia 

24 River Power System to the Yakima Enhance25 ment Project pumping facilities shall be borne 


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1 by irrigation districts receiving the benefits of 

2 that water. 

3 ‘‘(G) DUTIES OF COMMISSIONER.—The 

4 Commissioner of Reclamation shall be respon5 sible for arranging transmission for deliveries of 

6 Federal power over the Bonneville system 

7 through applicable tariff and business practice 

8 processes of the Bonneville system and for ar9 ranging transmission for deliveries of power ob10 tained from a local provider. 

11 ‘‘(c) DESIGN AND USE OF GROUNDWATER RE12 CHARGE PROJECTS.— 

13 ‘‘(1) IN GENERAL.—Any water supply that re14 sults from an aquifer storage and recovery project 

15 shall not be considered to be a part of the total 

16 water supply available if— 

17 ‘‘(A) the water for the aquifer storage and 

18 recovery project would not be available for use, 

19 but instead for the development of the project; 

20 ‘‘(B) the aquifer storage and recovery 

21 project will not otherwise impair any water sup22 ply available for any individual or entity entitled 

23 to use the total water supply available; and 


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1 ‘‘(C) the development of the aquifer stor2 age and recovery project will not impair fish or 

3 other aquatic life in any localized stream reach. 

4 ‘‘(2) PROJECT TYPES.—The Secretary may pro5 vide technical assistance for, and participate in, any 

6 of the following 3 types of groundwater recharge 

7 projects (including the incorporation of groundwater 

8 recharge projects into Yakima Project operations, as 

9 appropriate): 

10 ‘‘(A) Aquifer recharge projects designed to 

11 redistribute Yakima Project water within a 

12 water year for the purposes of supplementing 

13 stream flow during the irrigation season, par14 ticularly during storage control, subject to the 

15 condition that if such a project is designed to 

16 supplement a mainstem reach, the water supply 

17 that results from the project shall be credited to 

18 instream flow targets, in lieu of using the total 

19 water supply available to meet those targets. 

20 ‘‘(B) Aquifer storage and recovery projects 

21 that are designed, within a given water year or 

22 over multiple water years— 

23 ‘‘(i) to supplement or mitigate for mu24 nicipal uses; 


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1 ‘‘(ii) to supplement municipal supply 

2 in a subsurface aquifer; or 

3 ‘‘(iii) to mitigate the effect of ground4 water use on instream flow or senior water 

5 rights. 

6 ‘‘(C) Aquifer storage and recovery projects 

7 designed to supplement existing irrigation water 

8 supply, or to store water in subsurface aquifers, 

9 for use by the Kittitas Reclamation District, 

10 the Roza Irrigation District, or any other pro11 ratable irrigation entity participating in the re12 payment of the construction, operation, and 

13 maintenance costs of the facilities under this 

14 section during years in which the total water 

15 supply available is insufficient to provide to 

16 those proratable irrigation entities all water to 

17 which the entities are entitled, subject to the 

18 conditions that— 

19 ‘‘(i) the Bureau of Indian Affairs, the 

20 Wapato Irrigation Project, and the 

21 Yakama Nation, on an election to partici22 pate, may also obtain water from aquifer 

23 storage to enhance applicable existing irri24 gation water supply in accordance with 

25 such terms and conditions to which the 


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1 Bureau of Indian Affairs and the Yakama 

2 Nation may agree; and 

3 ‘‘(ii) nothing in this subparagraph af4 fects (as in existence on the date of enact5 ment of this section) any contract, law (in6 cluding regulations) relating to repayment 

7 costs, water right, or Yakama Nation trea8 ty right. 

9 ‘‘(d) STATE AND OTHER CONTRIBUTIONS.—The Sec10 retary may accept as part of the non-Federal cost-share 

11 of a project carried out under this section, and expend 

12 as if appropriated, any contribution (including in-kind 

13 services) by the State of Washington or any other indi14 vidual or entity that the Secretary determines will enhance 

15 the conduct and completion of the project. 

16 ‘‘(e) SAVINGS AND CONTINGENCIES.—Nothing in this 

17 section shall— 

18 ‘‘(1) be a new or supplemental benefit for pur19 poses of the Reclamation Reform Act of 1982 (43 

20 U.S.C. 390aa et seq.); 

21 ‘‘(2) affect any contract in existence on the date 

22 of enactment of the Yakima River Basin Water En23 hancement Project Phase III Act that was executed 

24 pursuant to the reclamation laws; 


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1 ‘‘(3) affect any contract or agreement between 

2 the Bureau of Indian Affairs and the Bureau of 

3 Reclamation; 

4 ‘‘(4) affect, waive, abrogate, diminish, define, or 

5 interpret the treaty between the Yakama Nation and 

6 the United States; or 

7 ‘‘(5) constrain the continued authority of the 

8 Secretary to provide fish passage in the Yakima 

9 Basin in accordance with the Hoover Power Plant 

10 Act of 1984 (43 U.S.C 619 et seq.). 

11 ‘‘SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES. 

12 ‘‘The Secretary shall retain authority and discretion 

13 over the management of project supplies to optimize oper14 ational use and flexibility to ensure compliance with all 

15 applicable Federal and State laws, treaty rights of the 

16 Yakama Nation, and legal obligations, including those 

17 contained in this Act. That authority and discretion in18 cludes the ability of the United States to store, deliver, 

19 conserve, and reuse water supplies deriving from projects 

20 authorized under this title.’’. 

Æ 


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