II 

109TH CONGRESS 

1ST SESSION S. 247 

To authorize the Secretary of the Interior to assist in the planning, design, 

and construction of the Tumalo Irrigation District Water Conservation 

Project in Deschutes County, Oregon. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2005 

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

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

Resources 

A BILL

To authorize the Secretary of the Interior to assist in the 

planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes 

County, Oregon.

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 ‘‘Tumalo Water Con5 servation Project Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
2

•S 247 IS

1 (1) DISTRICT.—The term ‘‘District’’ means the 

2 Tumalo Irrigation District, Oregon. 

3 (2) PROJECT.—The term ‘‘Project’’ means the 

4 Tumalo Irrigation District Water Conservation 

5 Project authorized under section 3(a). 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 SEC. 3. AUTHORIZATION TO PLAN, DESIGN AND CON9 STRUCT THE TUMALO WATER CONSERVA10 TION PROJECT. 

11 (a) AUTHORIZATION.—The Secretary, in cooperation 

12 with the District— 

13 (1) may participate in the planning, design, and 

14 construction of the Tumalo Irrigation District Water 

15 Conservation Project in Deschutes County, Oregon; 

16 and 

17 (2) for purposes of planning and designing the 

18 Project, shall take into account any appropriate 

19 studies and reports prepared by the District. 

20 (b) COST-SHARING REQUIREMENT.— 

21 (1) FEDERAL SHARE.—The Federal share of 

22 the total cost of the Project shall be 50 percent, 

23 which shall be nonreimbursable to the United States. 
3

•S 247 IS

1 (2) CREDIT TOWARD NON-FEDERAL SHARE.—

2 The Secretary shall credit toward the non-Federal 

3 share of the Project— 

4 (A) any amounts that the District provides 

5 toward the design, planning, and construction 

6 before the date of enactment of this Act; and 

7 (B) an amount equal to— 

8 (i) the value of any water converted 

9 by the Project to instream water rights, as 

10 determined in accordance with State law; 

11 plus 

12 (ii) the value of the annual District 

13 assessment and headgate fee that the Dis14 trict foregoes as a result of the activities 

15 carried out under the Project for the 20-

16 year period beginning on the date on which 

17 construction of the Project is completed. 

18 (c) TITLE.—The District shall hold title to any facili19 ties constructed under this Act. 

20 (d) OPERATION AND MAINTENANCE COSTS.—The 

21 District shall pay the operation and maintenance costs of 

22 the Project. 

23 (e) EFFECT.—Any assistance provided under this Act 

24 shall not be considered to be a supplemental or additional 

25 benefit under Federal reclamation law (the Act of June 
4

•S 247 IS

1 17, 1902 (32 Stat. 388, chapter 1093), and Acts supple2 mental to and amendatory of that Act (43 U.S.C. 371 et 

3 seq.). 

4 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

5 There is authorized to be appropriated to pay the 

6 Federal share of the cost of the Project $14,000,000.

Æ