II 

109TH CONGRESS 

2D SESSION S. 2502 

To provide for the modification of an amendatory repayment contract between 

the Secretary of the Interior and the North Unit Irrigation District, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2006 

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 provide for the modification of an amendatory repayment 

contract between the Secretary of the Interior and the 

North Unit Irrigation District, 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 ‘‘North Unit Irrigation 

5 District Act of 2006’’. 

6 SEC. 2. NORTH UNIT IRRIGATION DISTRICT. 

7 The Act of August 10, 1954 (68 Stat. 679, chapter 

8 663), is amended— 

9 (1) in the first section— 


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1 (A) by inserting ‘‘(referred to in this Act 

2 as the ‘District’)’’ after ‘‘irrigation district’’; 

3 and 

4 (B) by inserting ‘‘(referred to in this Act 

5 as the ‘Contract’)’’ after ‘‘1953’’; and 

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

7 ‘‘SEC. 3. ADDITIONAL TERMS. 

8 ‘‘On approval of the District directors and notwith9 standing project authorizing legislation to the contrary, 

10 the Contract is modified, without further action by the 

11 Secretary of the Interior, to include the following modi12 fications: 

13 ‘‘(1) In Article 8(a) of the Contract, by deleting 

14 ‘a maximum of 50,000’ and inserting ‘approximately 

15 59,000’ after ‘irrigation service to’. 

16 ‘‘(2) In Article 11(a) of the Contract, by delet17 ing ‘The classified irrigable lands within the project 

18 comprise 49,817.75 irrigable acres, of which 

19 35,773.75 acres are in Class A and 14,044.40 in 

20 Class B. These lands and the standards upon which 

21 the classification was made are described in the doc22 ument entitled ‘‘Land Classification, North Unit, 

23 Deschutes Project, 1953’’ which is on file in the of24 fice of the Regional Director, Bureau of Reclama25 tion, Boise, Idaho, and in the office of the District’ 


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1 and inserting ‘The classified irrigable land within 

2 the project comprises 58,902.8 irrigable acres, all of 

3 which are authorized to receive irrigation water pur4 suant to water rights issued by the State of Oregon 

5 and have in the past received water pursuant to 

6 such State water rights.’. 

7 ‘‘(3) In Article 11(c) of the Contract, by delet8 ing ‘, with the approval of the Secretary,’ after ‘Dis9 trict may’, by deleting ‘the 49,817.75 acre maximum 

10 limit on the irrigable area is not exceeded’ and in11 serting ‘irrigation service is provided to no more 

12 than approximately 59,000 acres and no amendment 

13 to the District boundary is required’ after ‘time so 

14 long as’. 

15 ‘‘(4) In Article 11(d) of the Contract, by insert16 ing ‘, and may further be used for instream pur17 poses, including fish or wildlife purposes, to the ex18 tent that such use is required by Oregon State law 

19 in order for the District to engage in, or take advan20 tage of, conserved water projects as authorized by 

21 Oregon State law’ after ‘herein provided’. 

22 ‘‘(5) By adding at the end of Article 12(d) the 

23 following: ‘(e) Notwithstanding the above subsections 

24 of this Article or Article 13 below, beginning with 

25 the irrigation season immediately following the date 


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1 of enactment of the North Unit Irrigation District 

2 Act of 2006, the annual installment for each year, 

3 for the District, under the Contract, on account of 

4 the District’s construction charge obligation, shall be 

5 a fixed and equal annual amount payable on June 

6 30 the year following the year for which it is appli7 cable, such that the District’s total construction 

8 charge obligation shall be completely paid by June 

9 30, 2044.’. 

10 ‘‘(6) In Article 14(a) of the Contract, by insert11 ing ‘and for instream purposes, including fish or 

12 wildlife purposes, to the extent that such use is re13 quired by Oregon State law in order for the District 

14 to engage in, or take advantage of, conserved water 

15 projects as authorized by Oregon State law,’ after 

16 ‘and incidental stock and domestic uses’, by insert17 ing ‘and for instream purposes as described above,’ 

18 after ‘irrigation, stock and domestic uses’, and by in19 serting ‘, including natural flow rights out of the 

20 Crooked River held by the District’ after ‘irrigation 

21 system’. 

22 ‘‘(7) In Article 29(a) of the Contract, by insert23 ing ‘and for instream purposes, including fish or 

24 wildlife purposes, to the extent that such use is re25 quired by Oregon State law in order for the District 


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1 to engage in, or take advantage of, conserved water 

2 projects as authorized by Oregon State law’ after 

3 ‘provided in article 11’. 

4 ‘‘(8) In Article 34 of the Contract, by deleting 

5 ‘The District, after the election and upon the execu6 tion of this contract, shall promptly secure final de7 cree of the proper State court approving and con8 firming this contract and decreeing and adjudging it 

9 to be a lawful, valid, and binding general obligation 

10 of the District. The District shall furnish to the 

11 United States certified copies of such decrees and of 

12 all pertinent supporting records.’ after ‘for that pur13 pose.’. 

14 ‘‘SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE. 

15 ‘‘The Secretary of the Interior (acting through the 

16 Commissioner of Reclamation) may in the future renego17 tiate with the District such terms of the Contract as the 

18 District directors determine to be necessary, only upon the 

19 written request of the District directors and the consent 

20 of the Commissioner of Reclamation.’’. 

Æ 


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