II 

Calendar No. 143 

115TH CONGRESS 

1ST SESSION S. 714 

[Report No. 115–107] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2017 

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

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

JUNE 13, 2017 

Reported by Ms. MURKOWSKI, without amendment 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Water Enhancement Project Phase III Act of 2017’’. 

4 SEC. 2. MODIFICATION OF TERMS, PURPOSES, AND DEFINI5 TIONS. 

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

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

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

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

10 ‘‘Yakama’’; and 

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

12 appears and inserting ‘‘Manager’’. 

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

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

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

16 following: 

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

18 wildlife and the recovery and maintenance of self19 sustaining harvestable populations of fish and other 

20 aquatic life, both anadromous and resident species, 

21 throughout their historic distribution range in the 

22 Yakima Basin through— 

23 ‘‘(A) improved water management and the 

24 constructions of fish passage at storage and di25 version dams, as authorized under the Hoover 


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

2 seq.); 

3 ‘‘(B) improved instream flows and water 

4 supplies; 

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

6 and ecosystem function; 

7 ‘‘(D) protection, creation, and enhance8 ment of wetlands; and 

9 ‘‘(E) other appropriate means of habitat 

10 improvement;’’; 

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

12 industrial, and domestic water supply and use pur13 poses, especially during drought years, including re14 ducing the frequency and severity of water supply 

15 shortages for pro-ratable irrigation entities’’ before 

16 the semicolon at the end; 

17 (3) by striking paragraph (4); 

18 (4) by redesignating paragraph (3) as para19 graph (4); 

20 (5) by inserting after paragraph (2) the fol21 lowing: 

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

23 available for purchase or lease for meeting munic24 ipal, industrial, and domestic water supply pur25 poses;’’; 


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

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

3 (7) by inserting after paragraph (4) (as so re4 designated) the following: 

5 ‘‘(5) to realize sufficient water savings from im6 plementing the Yakima River Basin Integrated 

7 Water Resource Management Plan, so that not less 

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

9 by implementing the first phase of the Integrated 

10 Plan pursuant to section 1213(a), in addition to the 

11 165,000 acre feet of water savings targeted through 

12 the Basin Conservation Program, as authorized on 

13 October 31, 1994;’’; 

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

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

16 ‘‘voluntary’’; and 

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

18 (9) by inserting after paragraph (6) (as so re19 designated) the following: 

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

21 reduce the barriers to, water transfers, leasing, mar22 kets, and other voluntary transactions among public 

23 and private entities to enhance water management 

24 in the Yakima River basin;’’; 


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1 (10) in paragraph (8) (as redesignated by para2 graph (6)), by striking the period at the end and in3 serting a semicolon; and 

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

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

6 economies, and communities in the Basin as they 

7 face drought, hydrologic changes, and other related 

8 changes and variability in natural and human sys9 tems, for the benefit of both the people and the fish 

10 and wildlife of the region; and 

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

12 River Basin Integrated Water Resource Manage13 ment Plan as Phase III of the Yakima River Basin 

14 Water Enhancement Project, as a balanced and 

15 cost-effective approach to maximize benefits to the 

16 communities and environment in the Basin.’’. 

17 (c) MODIFICATION OF DEFINITIONS.—Section 1202 

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

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

20 (9), (10), (11), (12), (13), and (14) as paragraphs 

21 (8), (10), (11), (13), (14), (15), (16), (18), and 

22 (19), respectively; 

23 (2) by inserting after paragraph (5) the fol24 lowing: 


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

2 term ‘designated Federal official’ means the Com3 missioner of Reclamation (or a designee), acting 

4 pursuant to the charter of the Conservation Advisory 

5 Group. 

6 ‘‘(7) INTEGRATED PLAN.—The terms ‘Inte7 grated Plan’ and ‘Yakima River Basin Integrated 

8 Water Resource Plan’ mean the plan and activities 

9 authorized by the Yakima River Basin Water En10 hancement Project Phase III Act of 2017 and the 

11 amendments made by that Act, to be carried out in 

12 cooperation with and in addition to activities of the 

13 State of Washington and Yakama Nation.’’; 

14 (3) by inserting after paragraph (8) (as redesig15 nated by paragraph (1)) the following: 

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

17 WATER SUPPLY AND USE.—The term ‘municipal, in18 dustrial, and domestic water supply and use’ means 

19 the supply and use of water for— 

20 ‘‘(A) domestic consumption (whether urban 

21 or rural); 

22 ‘‘(B) maintenance and protection of public 

23 health and safety; 


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

2 assembly, or other production of a good or com3 modity; 

4 ‘‘(D) production of energy; 

5 ‘‘(E) fish hatcheries; or 

6 ‘‘(F) water conservation activities relating 

7 to a use described in subparagraphs (A) 

8 through (E).’’; 

9 (4) by inserting after paragraph (11) (as redes10 ignated by paragraph (1)) the following: 

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

12 term ‘proratable irrigation entity’ means a district, 

13 project, or State-recognized authority, board of con14 trol, agency, or entity located in the Yakima River 

15 basin that— 

16 ‘‘(A) manages and delivers irrigation water 

17 to farms in the basin; and 

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

19 possess, water rights that are proratable during 

20 periods of water shortage.’’; and 

21 (5) by inserting after paragraph (16) (as redes22 ignated by paragraph (1)) the following: 

23 ‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAK24 IMA RIVER BASIN WATER ENHANCEMENT

25 PROJECT.—The terms ‘Yakima Enhancement 


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1 Project’ and ‘Yakima River Basin Water Enhance2 ment Project’ mean the Yakima River basin water 

3 enhancement project authorized by Congress pursu4 ant to this Act and other Acts (including Public Law 

5 96–162 (93 Stat. 1241), section 109 of Public Law 

6 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub7 lic Law 105–62 (111 Stat. 1320), and Public Law 

8 106–372 (114 Stat. 1425)) to promote water con9 servation, water supply, habitat, and stream en10 hancement improvements in the Yakima River 

11 basin.’’. 

12 SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO13 GRAM. 

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

15 4551) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

18 (i) in the second sentence, by striking 

19 ‘‘title’’ and inserting ‘‘section’’; and 

20 (ii) in the third sentence, by striking 

21 ‘‘within 5 years of the date of enactment 

22 of this Act’’; and 

23 (B) in paragraph (2), by striking ‘‘irriga24 tion’’ and inserting ‘‘the number of irrigated 

25 acres’’; 


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1 (2) in subsection (c)— 

2 (A) in paragraph (2)— 

3 (i) in each of subparagraphs (A) 

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

5 end and inserting a semicolon; 

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

7 the comma at the end and inserting ‘‘; 

8 and’’; 

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

10 ‘‘Department of Wildlife of the State of 

11 Washington, and’’ and inserting ‘‘Depart12 ment of Fish and Wildlife of the State of 

13 Washington.’’; and 

14 (iv) by striking subparagraph (G); 

15 (B) in paragraph (3)— 

16 (i) in each of subparagraphs (A) 

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

18 end and inserting a semicolon; 

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

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

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

22 the period at the end and inserting ‘‘; 

23 and’’; and 

24 (iv) by adding at the end the fol25 lowing: 


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1 ‘‘(F) provide recommendations to advance 

2 the purposes and programs of the Yakima En3 hancement Project, including the Integrated 

4 Plan.’’; and 

5 (C) by striking paragraph (4) and insert6 ing the following: 

7 ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF8 FICIAL.—The designated Federal official may— 

9 ‘‘(A) arrange and provide logistical support 

10 for meetings of the Conservation Advisory 

11 Group; 

12 ‘‘(B) use a facilitator to serve as a moder13 ator for meetings of the Conservation Advisory 

14 Group or provide additional logistical support; 

15 and 

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

17 any member of the Conservation Advisory 

18 Group.’’; 

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

20 following: 

21 ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR

22 FEDERAL GOVERNMENT.— 

23 ‘‘(A) IN GENERAL.—The State or the Fed24 eral Government may fund not more than the 

25 17.5 percent local share of the costs of the 


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1 Basin Conservation Program in exchange for 

2 the long-term use of conserved water, subject to 

3 the requirement that the funding by the Fed4 eral Government of the local share of the costs 

5 shall provide a quantifiable public benefit in 

6 meeting Federal responsibilities in the Basin 

7 and the purposes of this title. 

8 ‘‘(B) USE OF CONSERVED WATER.—The 

9 Yakima Project Manager may use water result10 ing from conservation measures taken under 

11 this title, in addition to water that the Bureau 

12 of Reclamation may acquire from any willing 

13 seller through purchase, donation, or lease, for 

14 water management uses pursuant to this title.’’; 

15 (4) in subsection (e), by striking the first sen16 tence and inserting the following: ‘‘To participate in 

17 the Basin Conservation Program, as described in 

18 subsection (b), an entity shall submit to the Sec19 retary a proposed water conservation plan.’’; 

20 (5) in subsection (i)(3)— 

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

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

23 or management’’; and 

24 (B) in the third sentence, by striking 

25 ‘‘made immediately upon availability’’ and all 


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1 that follows through ‘‘Committee’’ and inserting 

2 ‘‘continued as needed to provide water to be 

3 used by the Yakima Project Manager as rec4 ommended by the System Operations Advisory 

5 Committee and the Conservation Advisory 

6 Group’’; and 

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

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

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

10 of water from willing sellers or lessors specifically to 

11 provide improved instream flows for anadromous 

12 and resident fish and other aquatic life, including 

13 pulse flows to facilitate outward migration of anad14 romous fish’’. 

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

16 AND AUTHORIZATIONS. 

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

18 Public Law 103–434 (108 Stat. 4555) is amended— 

19 (1) in subsection (a)(2), in the first sentence, 

20 by striking ‘‘not more than $23,000,000’’ and in21 serting ‘‘not more than $100,000,000’’; and 

22 (2) in subsection (g)— 

23 (A) by striking the subsection heading and 

24 inserting ‘‘REDESIGNATION OF YAKAMA INDIAN

25 NATION TO YAKAMA NATION.—’’; 


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1 (B) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) REDESIGNATION.—The Confederated 

4 Tribes and Bands of the Yakama Indian Nation 

5 shall be known and designated as the ‘Confederated 

6 Tribes and Bands of the Yakama Nation’.’’; and 

7 (C) in paragraph (2), by striking ‘‘deemed 

8 to be a reference to the ‘Confederated Tribes 

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

10 inserting ‘‘deemed to be a reference to the 

11 ‘Confederated Tribes and Bands of the Yakama 

12 Nation’.’’. 

13 (b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec14 tion 1205 of Public Law 103–434 (108 Stat. 4557) is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (4)— 

18 (i) in subparagraph (A)— 

19 (I) in clause (i)— 

20 (aa) by inserting ‘‘addi21 tional’’ after ‘‘secure’’; 

22 (bb) by striking ‘‘flushing’’ 

23 and inserting ‘‘pulse’’; and 

24 (cc) by striking ‘‘uses’’ and 

25 inserting ‘‘uses, in addition to the 


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1 quantity of water provided under 

2 the treaty between the Yakama 

3 Nation and the United States’’; 

4 (II) by striking clause (ii); 

5 (III) by redesignating clause (iii) 

6 as clause (ii); and 

7 (IV) in clause (ii) (as so redesig8 nated) by inserting ‘‘and water rights 

9 mandated’’ after ‘‘goals’’; and 

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

11 first sentence, by inserting ‘‘in proportion 

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

13 (2) in subsection (b), in the second sentence, by 

14 striking ‘‘instream flows for use by the Yakima 

15 Project Manager as flushing flows or as otherwise’’ 

16 and inserting ‘‘fishery purposes, as’’; and 

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

18 and inserting the following: 

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

20 Yakima Project shall be any of the following: 

21 ‘‘(A) To recover and maintain self-sus22 taining harvestable populations of native fish, 

23 both anadromous and resident species, through24 out their historic distribution range in the Yak25 ima Basin. 


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

2 aquatic life and wildlife. 

3 ‘‘(C) Recreation. 

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

5 use.’’. 

6 (c) LAKE CLE ELUM AUTHORIZATION OF APPRO7 PRIATIONS.—Section 1206(a)(1) of Public Law 103–434 

8 (108 Stat. 4560), is amended, in the matter preceding 

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

10 follows through ‘‘to—’’ and inserting ‘‘not more than 

11 $12,000,000 to—’’. 

12 (d) ENHANCEMENT OF WATER SUPPLIES FOR YAK13 IMA BASIN TRIBUTARIES.—Section 1207 of Public Law 

14 103–434 (108 Stat. 4560) is amended— 

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

16 and inserting ‘‘MANAGEMENT’’; 

17 (2) in subsection (a)— 

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

19 by striking ‘‘supplies’’ and inserting ‘‘manage20 ment’’; 

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

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

23 (C) in paragraph (2)— 

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

25 ‘‘that choose not to participate or opt out 


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1 of tributary enhancement projects pursu2 ant to this section’’ after ‘‘water right own3 ers’’; and 

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

5 ‘‘nonparticipating’’ before ‘‘tributary water 

6 users’’; 

7 (3) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) by striking the paragraph designa10 tion and all that follows through ‘‘(but not 

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

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

13 consultation with the State of Washington, tributary 

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

15 agreement of appropriate water right owners, is au16 thorized to conduct studies to evaluate measures to 

17 further Yakima Project purposes on tributaries to 

18 the Yakima River. Enhancement programs that use 

19 measures authorized by this subsection may be in20 vestigated and implemented by the Secretary in trib21 utaries to the Yakima River, including Taneum 

22 Creek, other areas, or tributary basins that currently 

23 or could potentially be provided supplemental or 

24 transfer water by entities, such as the Kittitas Rec25 lamation District or the Yakima-Tieton Irrigation 


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1 District, subject to the condition that activities may 

2 commence on completion of applicable and required 

3 feasibility studies, environmental reviews, and cost4 benefit analyses that include favorable recommenda5 tions for further project development, as appro6 priate. Measures to evaluate include—’’; 

7 (ii) by indenting subparagraphs (A) 

8 through (F) appropriately; 

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

10 before the semicolon at the end the fol11 lowing: ‘‘, including irrigation efficiency 

12 improvements (in coordination with pro13 grams of the Department of Agriculture), 

14 consolidation of diversions or administra15 tion, and diversion scheduling or coordina16 tion’’; 

17 (iv) by redesignating subparagraphs 

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

19 through (H), respectively; 

20 (v) by inserting after subparagraph 

21 (B) the following: 

22 ‘‘(C) improvements in irrigation system 

23 management or delivery facilities within the 

24 Yakima River basin when those improvements 

25 allow for increased irrigation system conveyance 


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1 and corresponding reduction in diversion from 

2 tributaries or flow enhancements to tributaries 

3 through direct flow supplementation or ground4 water recharge; 

5 ‘‘(D) improvements of irrigation system 

6 management or delivery facilities to reduce or 

7 eliminate excessively high flows caused by the 

8 use of natural streams for conveyance or irriga9 tion water or return water;’’; 

10 (vi) in subparagraph (E) (as redesig11 nated by clause (iv)), by striking ‘‘ground 

12 water’’ and inserting ‘‘groundwater re13 charge and’’; 

14 (vii) in subparagraph (G) (as redesig15 nated by clause (iv)), by inserting ‘‘or 

16 transfer’’ after ‘‘purchase’’; and 

17 (viii) in subparagraph (H) (as redesig18 nated by clause (iv)), by inserting ‘‘stream 

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

20 (B) in paragraph (2)— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘the Taneum Creek 

23 study’’ and inserting ‘‘studies under this 

24 subsection’’; 

25 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘and economic’’ 

2 and inserting ‘‘, infrastructure, eco3 nomic, and land use’’; and 

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

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

6 the period at the end and inserting ‘‘; 

7 and’’; and 

8 (iv) by adding at the end the fol9 lowing: 

10 ‘‘(D) any related studies already underway 

11 or undertaken.’’; and 

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

13 by inserting ‘‘of each tributary or group of trib14 utaries’’ after ‘‘study’’; 

15 (4) in subsection (c)— 

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

17 NONSURFACE STORAGE’’ after ‘‘NONSTOR18 AGE’’; and 

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

20 by inserting ‘‘and nonsurface storage’’ after 

21 ‘‘nonstorage’’; 

22 (5) by striking subsection (d); 

23 (6) by redesignating subsection (e) as sub24 section (d); and 


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1 (7) in paragraph (2) of subsection (d) (as so re2 designated)— 

3 (A) in the first sentence— 

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

5 after ‘‘investigation’’; 

6 (ii) by striking ‘‘other’’ before ‘‘Yak7 ima River’’; and 

8 (iii) by inserting ‘‘and other water 

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

10 (B) by striking the second sentence. 

11 (e) CHANDLER PUMPING PLANT AND POWERPLANT12 OPERATIONS AT PROSSER DIVERSION DAM.—Section 

13 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 

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

15 ‘‘affected’’. 

16 (f) INTERIM COMPREHENSIVE BASIN OPERATING

17 PLAN.—Section 1210(c) of Public Law 103–434 (108 

18 Stat. 4564) is amended by striking ‘‘$100,000’’ and in19 serting ‘‘$200,000’’. 

20 (g) ENVIRONMENTAL COMPLIANCE.—Section 1211 

21 of Public Law 103–434 (108 Stat. 4564) is amended by 

22 striking ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’. 


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

2 BASIN WATER ENHANCEMENT PROJECT. 

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

4 is amended by adding at the end the following: 

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

6 PHASE III OF YAKIMA RIVER BASIN WATER 

7 ENHANCEMENT PROJECT. 

8 ‘‘(a) INTEGRATED PLAN.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall imple10 ment the Integrated Plan as Phase III of the Yak11 ima River Basin Water Enhancement Project in ac12 cordance with this section and applicable laws. 

13 ‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN14 TEGRATED PLAN.— 

15 ‘‘(A) IN GENERAL.—The Secretary, in co16 ordination with the State of Washington and 

17 Yakama Nation and subject to feasibility stud18 ies, environmental reviews, and the availability 

19 of appropriations, shall implement an initial de20 velopment phase of the Integrated Plan, to— 

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

22 and construction or development of up23 stream and downstream fish passage facili24 ties, as previously authorized by the Hoo25 ver Power Plant Act of 1984 (43 U.S.C. 

26 619 et seq.) at Cle Elum Reservoir and anVerDate Sep 11 2014 23:38 Jun 13, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S714.RS S714

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1 other Yakima Project reservoir identified 

2 by the Secretary as consistent with the In3 tegrated Plan, subject to the condition 

4 that, if the Yakima Project reservoir iden5 tified by the Secretary contains a hydro6 power project licensed by the Federal En7 ergy Regulatory Commission, the Secretary 

8 shall cooperate with the Federal Energy 

9 Regulatory Commission in a timely manner 

10 to ensure that actions taken by the Sec11 retary are consistent with the applicable 

12 hydropower project license; 

13 ‘‘(ii) negotiate long-term agreements 

14 with participating proratable irrigation en15 tities in the Yakima Basin and, acting 

16 through the Bureau of Reclamation, co17 ordinate between Bureaus of the Depart18 ment of the Interior and with the heads of 

19 other Federal agencies to negotiate agree20 ments concerning leases, easements, and 

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

22 terms and conditions determined to be nec23 essary to allow for the non-Federal financ24 ing, construction, operation, and mainte25 nance of— 


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1 ‘‘(I) new facilities needed to ac2 cess and deliver inactive storage in 

3 Lake Kachess for the purpose of pro4 viding drought relief for irrigation 

5 (known as the ‘Kachess Drought Re6 lief Pumping Plant’); and 

7 ‘‘(II) a conveyance system to 

8 allow transfer of water between 

9 Keechelus Reservoir to Kachess Res10 ervoir for purposes of improving oper11 ational flexibility for the benefit of 

12 both fish and irrigation (known as the 

13 ‘K to K Pipeline’); 

14 ‘‘(iii) participate in, provide funding 

15 for, and accept non-Federal financing 

16 for— 

17 ‘‘(I) water conservation projects, 

18 not subject to the provisions of the 

19 Basin Conservation Program de20 scribed in section 1203, that are in21 tended to partially implement the In22 tegrated Plan by providing 85,000 

23 acre-feet of conserved water to im24 prove tributary and mainstem stream 

25 flow; and 


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1 ‘‘(II) aquifer storage and recov2 ery projects; 

3 ‘‘(iv) study, evaluate, and conduct fea4 sibility analyses and environmental reviews 

5 of fish passage, water supply (including 

6 groundwater and surface water storage), 

7 conservation, habitat restoration projects, 

8 and other alternatives identified as con9 sistent with the purposes of this Act, for 

10 the initial and future phases of the Inte11 grated Plan; 

12 ‘‘(v) coordinate with and assist the 

13 State of Washington in implementing a ro14 bust water market to enhance water man15 agement in the Yakima River basin, in16 cluding— 

17 ‘‘(I) assisting in identifying ways 

18 to encourage and increase the use of, 

19 and reduce the barriers to, water 

20 transfers, leasing, markets, and other 

21 voluntary transactions among public 

22 and private entities in the Yakima 

23 River basin; 


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1 ‘‘(II) providing technical assist2 ance, including scientific data and 

3 market information; and 

4 ‘‘(III) negotiating agreements 

5 that would facilitate voluntary water 

6 transfers between entities, including 

7 as appropriate, the use of federally 

8 managed infrastructure; and 

9 ‘‘(vi) enter into cooperative agree10 ments with, or, subject to a minimum non11 Federal cost-sharing requirement of 50 

12 percent, make grants to, the Yakama Na13 tion, the State of Washington, Yakima 

14 River basin irrigation districts, water dis15 tricts, conservation districts, other local 

16 governmental entities, nonprofit organiza17 tions, and land owners to carry out this 

18 title under such terms and conditions as 

19 the Secretary may require, including the 

20 following purposes: 

21 ‘‘(I) Land and water transfers, 

22 leases, and acquisitions from willing 

23 participants, so long as the acquiring 

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1 ations, maintenance, and management 

2 of that land and water. 

3 ‘‘(II) To combine or relocate di4 version points, remove fish barriers, 

5 or for other activities that increase 

6 flows or improve habitat in the Yak7 ima River and its tributaries in fur8 therance of this title. 

9 ‘‘(III) To implement, in partner10 ship with Federal and non-Federal en11 tities, projects to enhance the health 

12 and resilience of the watershed. 

13 ‘‘(B) COMMENCEMENT DATE.—The Sec14 retary shall commence implementation of the 

15 activities included under the initial development 

16 phase pursuant to this paragraph— 

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

18 section; and 

19 ‘‘(ii) on completion of applicable feasi20 bility studies, environmental reviews, and 

21 cost-benefit analyses that include favorable 

22 recommendations for further project devel23 opment. 

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


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1 ‘‘(A) IN GENERAL.—The Secretary, in co2 ordination with the State of Washington and in 

3 consultation with the Yakama Nation, shall de4 velop plans for intermediate and final develop5 ment phases of the Integrated Plan to achieve 

6 the purposes of this Act, including conducting 

7 applicable feasibility studies, environmental re8 views, and other relevant studies needed to de9 velop the plans. 

10 ‘‘(B) INTERMEDIATE PHASE.—The Sec11 retary shall develop an intermediate develop12 ment phase to implement the Integrated Plan 

13 that, subject to authorization and appropria14 tion, would commence not later than 10 years 

15 after the date of enactment of this section. 

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

17 develop a final development phase to implement 

18 the Integrated Plan that, subject to authoriza19 tion and appropriation, would commence not 

20 later than 20 years after the date of enactment 

21 of this section. 

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

23 the Secretary of projects and activities identified for 

24 implementation under the Integrated Plan shall be— 


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1 ‘‘(A) subject to authorization and appro2 priation; 

3 ‘‘(B) contingent on the completion of appli4 cable feasibility studies, environmental reviews, 

5 and cost-benefit analyses that include favorable 

6 recommendations for further project develop7 ment; 

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

9 determination by the Secretary that design, 

10 construction, and operation of a proposed 

11 project or activity is in the best interest of the 

12 public; and 

13 ‘‘(D) in compliance with all applicable 

14 laws, including the National Environmental 

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

16 and the Endangered Species Act of 1973 (16 

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

18 ‘‘(5) PROGRESS REPORT.— 

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

20 after the date of enactment of this section, the 

21 Secretary, in conjunction with the State of 

22 Washington and in consultation with the 

23 Yakama Nation, shall submit to the Committee 

24 on Energy and Natural Resources of the Senate 

25 and the Committee on Natural Resources of the 


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1 House of Representatives a progress report on 

2 the development and implementation of the In3 tegrated Plan. 

4 ‘‘(B) REQUIREMENTS.—The progress re5 port under this paragraph shall— 

6 ‘‘(i) provide a review and reassess7 ment, if needed, of the objectives of the In8 tegrated Plan, as applied to all elements of 

9 the Integrated Plan; 

10 ‘‘(ii) assess, through performance 

11 metrics developed at the initiation of, and 

12 measured throughout the implementation 

13 of, the Integrated Plan, the degree to 

14 which the implementation of the initial de15 velopment phase addresses the objectives 

16 and all elements of the Integrated Plan; 

17 ‘‘(iii) identify the amount of Federal 

18 funding and non-Federal contributions re19 ceived and expended during the period cov20 ered by the report; 

21 ‘‘(iv) describe the pace of project de22 velopment during the period covered by the 

23 report; 

24 ‘‘(v) identify additional projects and 

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1 ture phase of the Integrated Plan to ad2 dress the objectives of the Integrated Plan, 

3 as applied to all elements of the Integrated 

4 Plan; and 

5 ‘‘(vi) for water supply projects— 

6 ‘‘(I) provide a preliminary discus7 sion of the means by which— 

8 ‘‘(aa) water and costs asso9 ciated with each recommended 

10 project would be allocated among 

11 authorized uses; and 

12 ‘‘(bb) those allocations 

13 would be consistent with the ob14 jectives of the Integrated Plan; 

15 and 

16 ‘‘(II) establish a plan for solic17 iting and formalizing subscriptions 

18 among individuals and entities for 

19 participation in any of the rec20 ommended water supply projects that 

21 will establish the terms for participa22 tion, including fiscal obligations asso23 ciated with subscription. 


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

2 MAINTENANCE OF KACHESS DROUGHT RELIEF PUMPING

3 PLANT AND K TO K PIPELINE.— 

4 ‘‘(1) AGREEMENTS.—Long-term agreements ne5 gotiated between the Secretary and participating 

6 proratable irrigation entities in the Yakima Basin 

7 for the non-Federal financing, construction, oper8 ation, and maintenance of the Drought Relief Pump9 ing Plant and K to K Pipeline shall include provi10 sions regarding— 

11 ‘‘(A) responsibilities of the participating 

12 proratable irrigation entities for the planning, 

13 design, and construction of infrastructure in 

14 consultation and coordination with the Sec15 retary; 

16 ‘‘(B) property titles and responsibilities of 

17 the participating proratable irrigation entities 

18 for the maintenance of and liability for all in19 frastructure constructed under this title; 

20 ‘‘(C) operation and integration of the 

21 projects by the Secretary in the operation of the 

22 Yakima Project; 

23 ‘‘(D) costs associated with the design, fi24 nancing, construction, operation, maintenance, 

25 and mitigation of projects, with the costs of 


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1 Federal oversight and review to be nonreim2 bursable to the participating proratable irriga3 tion entities and the Yakima Project; and 

4 ‘‘(E) responsibilities for the pumping and 

5 operational costs necessary to provide the total 

6 water supply available made inaccessible due to 

7 drought pumping during the preceding 1 or 

8 more calendar years, in the event that the 

9 Kachess Reservoir fails to refill as a result of 

10 pumping drought storage water during the pre11 ceding 1 or more calendar years, which shall re12 main the responsibility of the participating pro13 ratable irrigation entities. 

14 ‘‘(2) USE OF KACHESS RESERVOIR STORED

15 WATER.— 

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

17 water made available by the construction of fa18 cilities to access and deliver inactive storage in 

19 Kachess Reservoir under subsection 

20 (a)(2)(A)(ii)(I) shall— 

21 ‘‘(i) be considered to be Yakima 

22 Project water; 

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

24 supply available, as that term is defined in 

25 various court rulings; and 


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1 ‘‘(iii) be used exclusively by the Sec2 retary— 

3 ‘‘(I) to enhance the water supply 

4 in years when the total water supply 

5 available is not sufficient to provide 

6 70 percent of proratable entitlements 

7 in order to make that additional water 

8 available up to 70 percent of prorat9 able entitlements to the Kittitas Rec10 lamation District, the Roza Irrigation 

11 District, or other proratable irrigation 

12 entities participating in the construc13 tion, operation, and maintenance costs 

14 of the facilities under this title under 

15 such terms and conditions to which 

16 the districts may agree, subject to the 

17 conditions that— 

18 ‘‘(aa) the Bureau of Indian 

19 Affairs, the Wapato Irrigation 

20 Project, and the Yakama Nation, 

21 on an election to participate, may 

22 also obtain water from Kachess 

23 Reservoir inactive storage to en24 hance applicable existing irriga25 tion water supply in accordance 


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1 with such terms and conditions 

2 to which the Bureau of Indian 

3 Affairs and the Yakama Nation 

4 may agree; and 

5 ‘‘(bb) the additional supply 

6 made available under this clause 

7 shall be available to participating 

8 individuals and entities in pro9 portion to the proratable entitle10 ments of the participating indi11 viduals and entities, or in such 

12 other proportion as the partici13 pating entities may agree; and 

14 ‘‘(II) to facilitate reservoir oper15 ations in the reach of the Yakima 

16 River between Keechelus Dam and 

17 Easton Dam for the propagation of 

18 anadromous fish. 

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

20 in this paragraph affects (as in existence on the 

21 date of enactment of this section) any contract, 

22 law (including regulations) relating to repay23 ment costs, water right, or Yakama Nation 

24 treaty right. 


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

2 not commence entering into agreements pursuant to 

3 subsection (a)(2)(A)(ii) or subsection (b)(1) or im4 plementing any activities pursuant to the agree5 ments before the date on which— 

6 ‘‘(A) all applicable and required feasibility 

7 studies, environmental reviews, and cost-benefit 

8 analyses have been completed and include favor9 able recommendations for further project devel10 opment, including an analysis of— 

11 ‘‘(i) the impacts of the agreements 

12 and activities conducted pursuant to sub13 section (a)(2)(A)(ii) on adjacent commu14 nities, including potential fire hazards, 

15 water access for fire districts, community 

16 and homeowner wells, future water levels 

17 based on projected usage, recreational val18 ues, and property values; and 

19 ‘‘(ii) specific options and measures for 

20 mitigating the impacts, as appropriate; 

21 ‘‘(B) the Secretary has made the agree22 ments and any applicable project designs, oper23 ations plans, and other documents available for 

24 public review and comment in the Federal Reg25 ister for a period of not less than 60 days; and 


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1 ‘‘(C) the Secretary has made a determina2 tion, consistent with applicable law, that the 

3 agreements and activities to which the agree4 ments relate— 

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

6 ‘‘(ii) could be implemented without 

7 significant adverse impacts to the environ8 ment. 

9 ‘‘(4) ELECTRICAL POWER ASSOCIATED WITH

10 KACHESS DROUGHT RELIEF PUMPING PLANT.— 

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

12 the Bonneville Power Administration, pursuant 

13 to the Pacific Northwest Electric Power Plan14 ning and Conservation Act (16 U.S.C. 839 et 

15 seq.), shall provide to the Secretary project 

16 power to operate the Kachess Pumping Plant 

17 constructed under this title if inactive storage 

18 in Kachess Reservoir is needed to provide 

19 drought relief for irrigation, subject to the re20 quirements of subparagraphs (B) and (C). 

21 ‘‘(B) DETERMINATION.—Power may be 

22 provided under subparagraph (A) only if— 

23 ‘‘(i) there is in effect a drought dec24 laration issued by the State of Washington; 


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

2 to 70 percent or less water delivery to pro3 ratable irrigation districts, as determined 

4 by the Secretary; and 

5 ‘‘(iii) the Secretary determines that it 

6 is appropriate to provide power under that 

7 subparagraph. 

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

9 under subparagraph (A) shall be provided until 

10 the date on which the Secretary determines that 

11 power should no longer be provided under that 

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

13 period or the period during which the Secretary 

14 determines that drought mitigation measures 

15 are necessary in the Yakima River basin. 

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

17 Bonneville Power Administration shall provide 

18 power under subparagraph (A) at the then-ap19 plicable lowest Bonneville Power Administration 

20 rate for public body, cooperative, and Federal 

21 agency customers firm obligations, which as of 

22 the date of enactment of this section is the pri23 ority firm Tier 1 rate, and shall not include any 

24 irrigation discount. 


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1 ‘‘(E) LOCAL PROVIDER.—During any pe2 riod in which power is not being provided under 

3 subparagraph (A), the power needed to operate 

4 the Kachess Pumping Plant shall be obtained 

5 by the Secretary from a local provider. 

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

7 pumping, station service power, and all costs of 

8 transmitting power from the Federal Columbia 

9 River Power System to the Yakima Enhance10 ment Project pumping facilities shall be borne 

11 by irrigation districts receiving the benefits of 

12 that water. 

13 ‘‘(G) DUTIES OF COMMISSIONER.—The 

14 Commissioner of Reclamation shall be respon15 sible for arranging transmission for deliveries of 

16 Federal power over the Bonneville system 

17 through applicable tariff and business practice 

18 processes of the Bonneville system and for ar19 ranging transmission for deliveries of power ob20 tained from a local provider. 

21 ‘‘(c) DESIGN AND USE OF GROUNDWATER RE22 CHARGE PROJECTS.— 

23 ‘‘(1) IN GENERAL.—Any water supply that re24 sults from an aquifer storage and recovery project 


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

2 water supply available if— 

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

4 recovery project would not be available for use, 

5 but instead for the development of the project; 

6 ‘‘(B) the aquifer storage and recovery 

7 project will not otherwise impair any water sup8 ply available for any individual or entity entitled 

9 to use the total water supply available; and 

10 ‘‘(C) the development of the aquifer stor11 age and recovery project will not impair fish or 

12 other aquatic life in any localized stream reach. 

13 ‘‘(2) PROJECT TYPES.—The Secretary may pro14 vide technical assistance for, and participate in, any 

15 of the following 3 types of groundwater recharge 

16 projects (including the incorporation of groundwater 

17 recharge projects into Yakima Project operations, as 

18 appropriate): 

19 ‘‘(A) Aquifer recharge projects designed to 

20 redistribute Yakima Project water within a 

21 water year for the purposes of supplementing 

22 stream flow during the irrigation season, par23 ticularly during storage control, subject to the 

24 condition that if such a project is designed to 

25 supplement a mainstem reach, the water supply 


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1 that results from the project shall be credited to 

2 instream flow targets, in lieu of using the total 

3 water supply available to meet those targets. 

4 ‘‘(B) Aquifer storage and recovery projects 

5 that are designed, within a given water year or 

6 over multiple water years— 

7 ‘‘(i) to supplement or mitigate for mu8 nicipal uses; 

9 ‘‘(ii) to supplement municipal supply 

10 in a subsurface aquifer; or 

11 ‘‘(iii) to mitigate the effect of ground12 water use on instream flow or senior water 

13 rights. 

14 ‘‘(C) Aquifer storage and recovery projects 

15 designed to supplement existing irrigation water 

16 supply, or to store water in subsurface aquifers, 

17 for use by the Kittitas Reclamation District, 

18 the Roza Irrigation District, or any other pro19 ratable irrigation entity participating in the re20 payment of the construction, operation, and 

21 maintenance costs of the facilities under this 

22 section during years in which the total water 

23 supply available is insufficient to provide to 

24 those proratable irrigation entities all water to 


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1 which the entities are entitled, subject to the 

2 conditions that— 

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

4 Wapato Irrigation Project, and the 

5 Yakama Nation, on an election to partici6 pate, may also obtain water from aquifer 

7 storage to enhance applicable existing irri8 gation water supply in accordance with 

9 such terms and conditions to which the 

10 Bureau of Indian Affairs and the Yakama 

11 Nation may agree; and 

12 ‘‘(ii) nothing in this subparagraph af13 fects (as in existence on the date of enact14 ment of this section) any contract, law (in15 cluding regulations) relating to repayment 

16 costs, water right, or Yakama Nation trea17 ty right. 

18 ‘‘(d) FEDERAL COST-SHARE.— 

19 ‘‘(1) IN GENERAL.—The Federal cost-share of a 

20 project carried out under this section shall be deter21 mined in accordance with the applicable laws (in22 cluding regulations) and policies of the Bureau of 

23 Reclamation. 

24 ‘‘(2) INITIAL PHASE.—The Federal cost-share 

25 for the initial development phase of the Integrated 


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1 Plan shall not exceed 50 percent of the total cost of 

2 the initial development phase. 

3 ‘‘(3) STATE AND OTHER CONTRIBUTIONS.—The 

4 Secretary may accept as part of the non-Federal 

5 cost-share of a project carried out under this section, 

6 and expend as if appropriated, any contribution (in7 cluding in-kind services) by the State of Washington 

8 or any other individual or entity that the Secretary 

9 determines will enhance the conduct and completion 

10 of the project. 

11 ‘‘(4) LIMITATION ON USE OF OTHER FEDERAL

12 FUNDS.—Except as otherwise provided in this title, 

13 other Federal funds may not be used to provide the 

14 non-Federal cost-share of a project carried out 

15 under this section. 

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 this section that was executed pur23 suant 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.’’. 


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Calendar No. 143 

115TH CONGRESS 

1ST SESSION S. 714 

[Report No. 115–107] 

A BILL 

To amend Public Law 103–434 to authorize Phase 

other purposes. management in the Yakima River basin, and for ment Project for the purpose of improving water III of the Yakima River Basin Water EnhanceJUNE 13, 2017 

Reported without amendment 


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