II 

117TH CONGRESS 

2D SESSION S. 5003 

To amend the Klamath Basin Water Supply Enhancement Act of 2000 

to provide the Secretary of the Interior with certain authorities with 

respect to projects affecting the Klamath Basin watershed, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Klamath Basin Water Supply Enhancement 

Act of 2000 to provide the Secretary of the Interior 

with certain authorities with respect to projects affecting 

the Klamath Basin watershed, 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 ‘‘Klamath Power and 

5 Facilities Agreement Support Act’’. 


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1 SEC. 2. KLAMATH PROJECT WATER AND POWER. 

2 (a) ADDRESSING WATER, POWER, AND FACILITIES

3 MANAGEMENT FOR IRRIGATION.—Section 4 of the Klam4 ath Basin Water Supply Enhancement Act of 2000 (Pub5 lic Law 106–498; 114 Stat. 2221; 132 Stat. 3886; 134 

6 Stat. 976) is amended— 

7 (1) in subsection (b), by striking paragraph (1) 

8 and inserting the following: 

9 ‘‘(1) IN GENERAL.—Subject to appropriations 

10 and required environmental reviews, the Secretary is 

11 authorized to carry out activities, including entering 

12 into a contract or making financial assistance avail13 able through cooperative agreements or other meth14 ods, to plan, implement, and administer programs, 

15 including conservation and efficiency measures, land 

16 idling, and use of groundwater, to align water sup17 plies and demand for irrigation water users associ18 ated with the Klamath Project, with a primary em19 phasis on programs developed or endorsed by local 

20 entities comprised of representatives of those water 

21 users.’’; 

22 (2) in subsection (c), by adding at the end the 

23 following: 

24 ‘‘(2) IMPLEMENTATION.— 

25 ‘‘(A) IN GENERAL.—Beginning not later 

26 than 180 days after the date of enactment of 


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1 the Klamath Power and Facilities Agreement 

2 Support Act, the Secretary shall, through 1 or 

3 more cooperative agreements, financial assist4 ance agreements, or other methods, implement, 

5 or support the implementation of, the rec6 ommendations identified in the report described 

7 in paragraph (1) that the Secretary determines 

8 would lead to bringing the net delivered power 

9 cost for covered power use to an amount that 

10 is the same as, or less than, the power cost 

11 benchmark, subject to the availability of appro12 priations, on the fastest timeline practicable, 

13 with respect to near- and long-term actions. 

14 ‘‘(B) REQUIREMENT.—The implementation 

15 of recommendations under subparagraph (A) 

16 shall be carried out in accordance with— 

17 ‘‘(i) the report submitted under para18 graph (1); and 

19 ‘‘(ii) any reports submitted under 

20 paragraph (3). 

21 ‘‘(3) ADDITIONAL REPORTS.—Not later than 

22 April 30, 2025, and every 5 years thereafter, the 

23 Secretary shall submit to each committee described 

24 in the matter preceding subparagraph (A) of para25 graph (1) a report that describes— 


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1 ‘‘(A) any progress toward meeting the re2 quirements of this subsection; and 

3 ‘‘(B) any modifications or updates to the 

4 actions recommended under paragraph 

5 (1)(B).’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(d) RESTORATION ACTIVITIES.—The Secretary 

8 may— 

9 ‘‘(1) plan, design, construct, operate, and main10 tain projects in the Klamath Basin watershed, in11 cluding— 

12 ‘‘(A) facilities to reduce fish entrainment; 

13 ‘‘(B) projects that reduce or avoid impacts 

14 on aquatic resources of facilities involved in the 

15 storage or diversion of water for irrigation in 

16 the Klamath Project service area; and 

17 ‘‘(C) projects that restore habitats in the 

18 Klamath Basin watershed, including Tribal 

19 fishery resources held in trust; 

20 ‘‘(2) undertake studies, including feasibility 

21 studies, and improvements that the Secretary deter22 mines to be necessary to implement this subsection; 

23 ‘‘(3) in implementing this subsection, enter into 

24 contracts, memoranda of understanding, financial 


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1 assistance agreements, cost-sharing agreements, or 

2 other appropriate agreements with— 

3 ‘‘(A) State, Tribal, and local governmental 

4 agencies; and 

5 ‘‘(B) private parties; and 

6 ‘‘(4) accept and expend non-Federal funds in 

7 order to facilitate implementation of this subsection. 

8 ‘‘(e) GOALS.—The goals of activities under sub9 sections (b) and (d) shall include, as applicable— 

10 ‘‘(1) the short-term and long-term reduction 

11 and resolution of conflicts relating to water in the 

12 Klamath Basin watershed; and 

13 ‘‘(2) compatibility and utility for protecting nat14 ural resources throughout the Klamath Basin water15 shed, including the protection, preservation, and res16 toration of Klamath River Tribal fishery resources, 

17 particularly through collaboratively developed agree18 ments. 

19 ‘‘(f) PUMPING PLANT D.—The Secretary may enter 

20 into 1 or more agreements with the Tulelake Irrigation 

21 District to reimburse the Tulelake Irrigation District for 

22 not more than 69 percent of the cost incurred by the 

23 Tulelake Irrigation District for the operation and mainte24 nance of Pumping Plant D, subject to the condition that 

25 the cost results in benefits to the United States. 


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1 ‘‘(g) KENO AND LINK RIVER DAMS.—The Secretary 

2 shall comply with the terms of the agreement entitled 

3 ‘2016 Klamath Power and Facilities Agreement’, includ4 ing Attachment A to the agreement. 

5 ‘‘(h) REPLACEMENT OF C CANAL FLUME.— 

6 ‘‘(1) IN GENERAL.—The replacement of the C 

7 Canal flume within the Klamath Project shall be 

8 considered to be, and shall receive the treatment au9 thorized for, qualified emergency extraordinary oper10 ation and maintenance work in accordance with Fed11 eral reclamation law (the Act of June 17, 1902 (32 

12 Stat. 388, chapter 1093), and Acts supplemental to 

13 and amendatory of that Act (43 U.S.C. 371 et 

14 seq.)). 

15 ‘‘(2) CONTRACT.— 

16 ‘‘(A) IN GENERAL.—Not later than 180 

17 days after the date of receipt of a request from 

18 the Klamath Irrigation District to enter into a 

19 contract with the Klamath Irrigation District to 

20 amend the contract numbered 16–WC–20– 

21 4838, the Secretary shall enter into a contract 

22 with the Klamath Irrigation District providing 

23 that— 

24 ‘‘(i) 35 percent of the total repayment 

25 obligation under the contract entered into 


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1 under this subparagraph is nonreimburs2 able to the United States; and 

3 ‘‘(ii) 65 percent of the total repay4 ment obligation under the contract entered 

5 into under this subparagraph shall be re6 paid to the United States over a period of 

7 50 years. 

8 ‘‘(B) INCLUSION.—Although the Secretary 

9 shall not condition the agreement to the con10 tract entered into under subparagraph (A) on 

11 any other term, the contract may include other 

12 terms that are not less favorable to the con13 tractor than contract numbered 16–WC–20– 

14 4838.’’. 

15 (b) ADMINISTRATION; EFFECT.— 

16 (1) COMPLIANCE.—In implementing the amend17 ments made by this section, the Secretary of the In18 terior shall comply with— 

19 (A) the National Environmental Policy Act 

20 of 1969 (42 U.S.C. 4321 et seq.); 

21 (B) the Endangered Species Act of 1973 

22 (16 U.S.C. 1531 et seq.); and 

23 (C) all other applicable laws. 

24 (2) EFFECT.—None of the amendments made 

25 by this section— 


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1 (A) modify any authority or obligation of 

2 the United States with respect to any Tribal 

3 trust or treaty obligation of the United States; 

4 (B)(i) create or determine any water right; 

5 or 

6 (ii) affect any water right or water right 

7 claim in existence on the date of enactment of 

8 this Act; or 

9 (C) authorize the use of Federal funds for 

10 the physical deconstruction of the Iron Gate, 

11 Copco 1, Copco 2, or John C. Boyle Dam lo12 cated on the Klamath River in the States of 

13 California and Oregon. 

Æ 


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