Calendar No. 853

106TH CONGRESS REPORT

2d Session " ! SENATE 106–431

WATER RESOURCES IN THE SALMON CREEK WATERSHED

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 2951]

The Committee on Energy and Natural Resources, to which was

referred the bill (S. 2951) to authorize the Commissioner of Reclamation to conduct a study to investigate opportunities to better

manage the water resources in the Salmon Creek watershed of the

upper Columbia River, having considered the same, reports favorably thereon with amendments and an amendment to the title and

recommends that the bill, as amended, do pass.

The amendments are as follows:

1. In section 1(a), strike ‘‘The Commissioner of Reclamation’’ and

replace with ‘‘The Secretary of the Interior’’.

2. After section (b), add the following:

(c) COST SHARE.—The Federal government’s cost share

for the feasibility study shall not exceed 50 percent.

3. Amend the title so as to read: ‘‘To authorize the Secretary of

the Interior to conduct a study to investigate opportunities to better manage the water resources in the Salmon Creek watershed of

the upper Columbia River.’’.

PURPOSE OF THE MEASURE

The purpose of S. 2951 is to authorize the Secretary of the Interior to conduct a study to investigate opportunities to better manage the water resources in the Salmon Creek watershed of the

upper Columbia River. The purpose of the study is to derive the

benefits of and further the objectives of a study done by the Confederated Tribes of the Colville Reservation and the Okanagan Irrigation District. The Federal Government’s share for the cost of the

study shall be 50 percent.

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BACKGROUND AND NEED

Salmon Creek, a tributary to the Okanogan River, is part of the

Okanogan River Basin in north central Washington, on the eastern

slope of the North Cascade Range. Draining about 167 square

miles, the Salmon Creek watershed contains about 66 miles of perennial streams. The 119 square mile upper Salmon watershed is

drained by North Fork, West Fork, and South Fork of Salmon

Creek, which flow into Conconully Reservoir.

Large differences occur in maximum, average, and median

monthly flows in the creek, indicating how variable flow is from

year to year. Water is released from the reservoirs during the irrigation season to accommodate the Okanogan Irrigation District

water users’ needs. The District’s diversion of the creek waters into

its water delivery system during the later months of the irrigation

season completely dewaters the lower 4.3 mile reach of Salmon

Creek. The natural runoff of the creek water in the spring has built

up a large rock barrier at its confluence with the Okanogan River

creating a barrier to natural fish migration.

The 12 miles between Conconully Reservoir and the District’s diversion have been documented as excellent spawning and rearing

habitat for salmon. The upper reaches of Salmon Creek, above the

district’s diversion, have also been identified as favorable rearing

habitat for fish. In light of the national focus on fish restoration,

the District in conjunction with the Confederated Tribes of the

Colville Reservation have joined in a collaborative effort to study,

and if sufficient funding can be obtained, implement a series of

projects to restore natural fish runs in Salmon Creek.

The Colville Tribes’ interest in pursuing restoration of fish runs

in the Okanogan and Columbia Rivers led them to consider Salmon

Creek, tributary to the Okanogan River, as a viable project. Because the District depends almost entirely on Salmon Creek water,

including dewatering of the lower reaches in the summer months,

the District became keenly interested in the Colville Tribes’ activities. After an in-depth study, the Tribes and District agreed on 7

projects that would conserve water in the District, allocate water

for instream flow for fish enhancement, and provide the District

with the water necessary to meet its water users’ needs. Implementing these projects is very important to the District. The District’s continued assurance of water delivery service while facilitating fish restoration is essential to the economic stability of the

mid-Okanogan Valley area, including Omak and Okanogan, Washington.

LEGISLATIVE HISTORY

S. 2951 was introduced by Senator Gorton on July 27, 2000. The

Subcommittee on Water and Power held a hearing on the bill on

September 19, 2000. At the business meeting on September 20,

2000, the Committee on Energy and Natural Resources ordered S.

2951, as amended, favorably reported.

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Committee on Energy and Natural Resources, in open business session on September 20, 2000, by a unanimous voice vote

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with a quorum present, recommends that the Senate pass S. 2951

if amended as described herein.

COMMITTEE AMENDMENTS

During the consideration of S. 2951, the committee adopted (1)

an amendment that authorized the Secretary of the Interior, rather

than the Commissioner of Reclamation, to conduct the feasibility

study, an amendment that limited the Federal Government’s cost

share for the study to 50 percent of the total cost and an amendment to the title.

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this

measure has been requested but was not received at the time the

report was filed. When the report is available, the Chairman will

request it to be printed in the Congressional Record for the advice

of the Senate.

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing

Rules of the Senate, the Committee makes the following evaluation

of the regulatory impact which would be incurred in carrying out

S. 2951. The bill is not a regulatory measure in the sense of imposing government-established standards or significant economic responsibilities on private individuals and businesses.

No personal information would be collected in administering the

program. Therefore, there would be no impact on personal privacy.

Little, if any, additional paperwork would result from the enactment of S. 2951, as ordered reported.

EXECUTIVE COMMUNICATIONS

On, September 14, 2000, the Committee on Energy and Natural

Resources requested legislative reports from the Department of the

Interior and the Office of Management and Budget setting forth

Executive agency recommendations on S. 2951. These reports had

not been received at the time the report on S. 2951 was filed. When

the reports become available, the Chairman will request that they

be printed in the Congressional Record for the advice of the Senate.

The testimony provided by the Acting Chief of Staff of the Bureau

of Reclamation at the Subcommittee hearing follows:

STATEMENT OF ROBERT J. QUINT, ACTING CHIEF OF STAFF,

BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to provide the views of

the Department of the Interior on S. 2951. This bill would

authorize the Commissioner of the Bureau of Reclamation

to study water management in the Salmon Creek Watershed in Washington. The Okanogan Irrigation District and

the Colville Confederated Tribes are very interested in

identifying opportunities to restore salmon and steelhead

populations, and maintaining water deliveries to irrigators

in this watershed.

The Administration could support the bill if amended to

address two technical concerns. First, the Secretary of the

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Interior as opposed to the Commissioner of the Bureau of

Reclamation is the appropriate official to conduct the

study, given the breadth of fish, tribal and water issues involved. Section 1 should be amended accordingly.

Second, Section 1 should also clarify that the study will

be cost shared 50–50 which is the appropriate cost share

for a feasibility study such as this.

Thank you for holding this hearing. I would be happy to

answer any questions you may have.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the

Standing Rules of the Senate, the Committee notes that no

changes in existing law are made by the bill S. 2951, as

ordered reported.

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