69–010 

Calendar No. 143 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–107 

YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT 

PHASE III ACT OF 2017 

JUNE 13, 2017.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 714] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 714) 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, having considered the same, 

reports favorably thereon without amendment and recommends 

that the bill do pass. 

PURPOSE

The purpose of S. 714 is to amend Public Law 103–434 to authorize Phase III of the Yakima River Basin Water Enhancement 

Project for the purposes of improving water management in the 

Yakima River basin. 

BACKGROUND AND NEED

The legislation seeks to address long-term water supply challenges and environmental needs in the Yakima Basin by authorizing Phase III of the Yakima River Basin Water Enhancement 

Project (YRBWEP Phase III). Phase III is the first phase of the 

Yakima River Basin Integrated Water Resource Plan (Integrated 

Plan), an adaptive watershed management plan for the Yakima 

River Basin. The legislation seeks to improve the reliability and 

sustainability of water supplies to meet agricultural, municipal, 

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and environmental needs, and to restore the ecosystems and habitat of the Basin for fish, wildlife, and recreation purposes. 

The Yakima Basin encompasses about 6,155 square miles in 

south-central Washington. The Yakima River originates in the Cascade Mountains and flows nearly 215 miles to its confluence with 

the Columbia River and is the longest river located entirely within 

the state. Upper elevations of the Basin primarily contain wilderness and public lands; middle elevations support dry and irrigated 

agriculture and cattle grazing; and lower elevations support irrigated agriculture. The Basin is one of the most productive agricultural regions in the state, producing billions of dollars a year in agricultural income—with apples, hops, grapes, and other fruits and 

vegetables as the primary cash crops. The Basin has experienced 

water supply challenges since irrigated agriculture began in the 

late 19th century and became the predominant economic engine of 

the region in the 20th and 21st centuries. 

The Basin is also home to the Confederated Tribes and Bands of 

the Yakama Nation. The Yakama Nation signed a treaty with the 

U.S. in 1855 and American settlers began to establish permanent 

settlements and irrigated agriculture in the region in the 1850s 

and 1860s. In 1905, the Bureau of Reclamation (Reclamation) was 

authorized to build the Yakima Project to support irrigated agriculture in the Basin. One of the oldest Reclamation projects in the 

U.S., the Yakima Project today includes six major storage dams 

and reservoirs, several hydropower facilities, and seven divisions 

that serve 464,000 acres of irrigated land. 

Water shortages and litigation in the first half of the 20th century led to a court decree in 1945, which established that irrigators 

throughout the Basin would share water shortages equally in times 

of drought. An adjudication of the Basin’s water rights was filed in 

1977 and the Yakama Nation filed suit to adjudicate the tribe’s 

rights, which have the oldest priority date and thus seniority in the 

system. Subsequent growth further strained an already over-allocated water supply—contributing to ongoing water shortages, litigation, and conflict in the Basin. 

Drought in the 1970s led to the Congressional authorization of 

the Yakima River Basin Water Enhancement Project (YRBWEP 

Phase I) in 1979 to alleviate water shortages, promote water conservation, and improve fish passage. YRBWEP Phase I was later 

amended in 1994 (title XII of Public Law 103–434) with a further 

focus on water conservation (YRBWEP Phase II). 

In 2009, Reclamation and the State of Washington formed a 

Work Group to develop a consensus-based solution for the Basin. 

The Work Group evaluated various water supply options and supported the completion of a Yakima River Basin Study conducted 

under the Department of the Interior’s WaterSMART Program in 

2010, which built on decades of other project studies in the Basin. 

The Study evaluated current and future water demand scenarios in 

the Basin in relation to potential water supplies and found that increasing temperatures, decreasing snowpack, and drought are likely to intensify in coming decades. 

To address these challenges, the Work Group engaged in a collaborative, locally-driven process to develop an integrated water resource management plan for addressing agricultural, municipal, 

tribal, and environmental water needs. A joint Programmatic EnviVerDate Sep 11 2014 06:57 Jun 15, 2017 Jkt 069010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR107.XXX SR107
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ronmental Impact Statement for this integrated plan was completed by Reclamation and the State of Washington in 2012. The 

State subsequently appropriated $162 million to implement the 

plan, including $132 million in 2013 and an additional $30 million 

in 2015. S. 714 authorizes Federal participation in a subset of activities associated with the plan, to be implemented over a decade, 

and building on the original YRBWEP legislation. 

LEGISLATIVE HISTORY

Senators Cantwell and Murray introduced S. 714 on March 23, 

2017. 

In the 114th Congress, similar legislation, S. 1694, was introduced by Senators Cantwell and Murray on June 25, 2015. The Energy and Natural Resources Committee conducted a hearing on S. 

1694 on July 7, 2015. On November 19, 2015, the Committee met 

in open business session and ordered S. 1694 favorably reported 

with an amendment in the nature of a substitute (S. Rept. 114– 

187). 

The measure was included in Amendment No. 3234, which the 

Senate agreed to on April 19, 2016, as an amendment to S. 2012, 

the Energy Policy Modernization Act of 2016, which the Senate 

passed, as amended, on April 20, 2016. 

Representatives Reichert and Newhouse introduced companion 

legislation, H.R. 4686, in the House of Representatives on March 

3, 2016. 

The Committee on Energy and Natural Resources met in open 

business session on March 30, 2017, and ordered S. 714 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 714. 

Senator Lee requested that his vote be recorded as nay. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides a short title. 

Section 2. Modification of terms, purposes, and definitions 

Section 2(a) amends title XII of Public Law 103–434 (YRBWEP 

Phase II) to modify certain terms and headings. 

Subsection (b) amends section 1201 of Public Law 103–434 to 

modify the purposes of YRBWEP to include water management activities to achieve fish and wildlife benefits; to include improvements in the reliability of municipal, industrial and domestic water 

supplies and uses; to realize at least 85,000 acre feet of water conservation savings from the initial development phase of the Integrated Plan in addition to the 165,000 acre feet of water savings 

targeted through the Basin Conservation Program, as authorized 

on October 31, 1994; to encourage the use of water transfers, leasing, markets, and other voluntary transactions; to improve the resilience of the ecosystems, economies, and communities as they face 

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drought and hydrologic changes; and to authorize and implement 

the Yakima River Basin Integrated Water Resource Plan as Phase 

III of YRBWEP. 

Subsection (c) amends section 1202 of Public Law 103–434 to include definitions for the following terms: ‘‘designated Federal official,’’ ‘‘Integrated Plan; Yakima River Basin Integrated Water Resource Plan,’’ ‘‘municipal, industrial, and domestic water supply 

and use,’’ ‘‘proratable irrigation entity,’’ and ‘‘Yakima Enhancement 

Project; Yakima River Basin Water Enhancement Project.’’ 

Section 3. Yakima River Basin Water Conservation Program 

Section 3 amends section 1203 of Public Law 103–434 to make 

a number of technical or clarifying changes. This section amends 

section 1203(c)(3) of Public Law 103–434 by directing the Conservation Advisory Group to provide recommendations to advance the 

purposes and programs of the Yakima Enhancement Project, including the Integrated Plan and amends section 1203(c)(4) by 

tasking the designated Federal official to provide logistical support 

for Conservation Advisory Group meetings, including the use of a 

facilitator to serve as a moderator. 

Section 3 further adds a new provision to section 1203(d) of Public Law 103–434 by authorizing the State or the Federal government to fund up to the 17.5 percent local cost share of the Basin 

Conservation Program in exchange for the long-term use of the conserved water. Any such funding provided by the Federal government must provide a quantifiable public benefit in meeting federal 

responsibilities in the Basin. Water resulting from conservation 

measures is made available for water management uses pursuant 

to the title. 

Additionally, this section amends section 1203(i) of Public Law 

103–434 to include management actions and to allow water acquisition efforts to continue as needed to provide water to be used by 

the Yakima Project Manager for instream flow purposes. This section also amends section 1203(j) to allow for voluntary water acquisitions to provide improved instream flows for anadromous and 

resident fish and other aquatic life. 

Section 4. Yakima basin water projects, operations, and authorizations 

Section 4(a) amends section 1204 of Public Law 103–434 to increase the existing authorization amount from $23 million to $100 

million and to redesignate the Yakima Indian Nation as the 

Yakama Nation. 

Subsection (b) amends section 1205 of Public Law 103–434 to 

make a number of technical changes and to designate additional 

purposes for the Yakima Project, including to recover and maintain 

self-sustaining harvestable populations of native fish, both anadromous and resident species; to protect, mitigate, and enhance 

aquatic life and wildlife; recreation; and municipal, industrial, and 

domestic use. 

Subsection (c) amends section 1206(a)(1) of Public Law 103–434 

to increase the existing authorization amount from $2 million to 

$12 million for the development of additional storage capacity at 

Lake Cle Elum. 

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Subsection (d) amends section 1207 of Public Law 103–434 to 

make a number of technical changes. This section authorizes the 

Secretary, in consultation with the State and the Yakama Nation, 

and on agreement of appropriate water entities, to conduct studies 

to evaluate measures for water enhancements in the Yakima Basin 

tributaries. The Secretary is further authorized to implement 

measures to promote tributary flow enhancements subject to the 

condition that such activities may not commence until the applicable and required feasibility studies, environmental reviews, and 

cost-benefit analyses are completed and include favorable recommendations for further project development. Additionally, the 

Secretary is authorized to implement nonstorage, as well as nonsurface storage measures, upon the agreement of willing water 

rights owners, the State and the Yakama Nation. 

Subsection (e) amends section 1208(d) of Public Law 103–434 to 

make a clarifying change. 

Subsection (f) amends section 1210(c) of Public Law 103–434 to 

increase the existing authorization amount for updates to the Interim Comprehensive Basin Operating Plan from $100,000 to 

$200,000 to complete that work. 

Subsection (g) amends section 1211 of Public Law 103–434 to in- crease the existing authorization amount from $2 million to $5 million for environmental compliance activities in the Yakima River 

Basin. 

Section 5. Authorization of Phase III of Yakima River Basin Water 

Enhancement Project 

Section 5 amends title XII of Public Law 103–434 by adding a 

new section 1213 to authorize YRBWEP Phase III. The new section 

1213(a) directs the Secretary, in coordination with the State and 

the Yakama Nation, to implement the Integrated Plan as YRBWEP 

Phase III, subject to feasibility studies, environmental reviews, 

cost-benefit analyses and available appropriations. The new section 

1213(a)(2) specifies a number of authorized activities, including: 

completing upstream and downstream fish passage at Cle Elum 

Reservoir and another Yakima Project Reservoir; negotiating longterm agreements regarding a pumping plant and associated facilities to access and deliver inactive storage at Kachess Reservoir and 

a conveyance system to allow water transfers from Keechelus Reservoir to Kachess Reservoir (‘‘K to K Pipeline’’); participating in, 

providing funding for, and accepting non-federal financing for 

water conservation projects intended to conserve 85,000 acre-feet of 

water and for aquifer storage and recovery projects; conducting 

studies, feasibility analyses, and environmental reviews of fish passage, water supply, conservation, habitat restoration projects, and 

other alternatives; coordinating with and assisting the State in implementing a robust water market to enhance water management 

in the Yakima River Basin; and entering into cooperative agreements with, or making grants to, the Yakama Nation, the State, 

or other entities subject to a 50 percent non-federal cost-sharing requirement. 

The new section 1213(a)(3) directs the Secretary, in coordination 

with the State and in consultation with the Yakama Nation, to develop plans for the intermediate and final development phases of 

the Integrated Plan. The intermediate phase is to commence not 

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later than 10 years after the date of enactment of this Act and the 

final phase is to commence not later than 20 years after the date 

of enactment of this Act, subject to authorization and appropriation. 

The new section 1213(a)(4) sets forth a number of contingencies 

to implementation, including the opportunity for public review, a 

Secretarial determination that the design, construction, and operation of a proposed project is in the public’s best interest, and that 

the work be done in compliance with all applicable laws, including 

the National Environmental Policy Act and the Endangered Species Act. 

The new section 1213(a)(5) directs the Secretary, in conjunction 

with the State and in consultation with the Yakama Nation, to 

submit a progress report to Congress on the development and implementation of the Integrated Plan not later than five years after 

the date of enactment of this Act. The report must identify the 

amount of federal funding and non-federal contributions received 

during that period and should identify any additional projects and 

activities proposed for inclusion in any future phase of the Integrated Plan. 

The new section 1213(b)(1) stipulates that long-term agreements 

shall be negotiated between the Secretary and participating proratable irrigation entities in the Yakima Basin for the financing, construction, operation, and maintenance of the Kachess Drought Relief Pumping Plant and the K to K Pipeline. New paragraph (2) 

provides that water made available from construction and operation of facilities at Kachess Reservoir must exclusively be used to 

enhance water supply when the total water supply available in the 

Yakima Project is not sufficient to provide 70 percent of proratable 

irrigation district entitlements. New paragraph (3) provides that 

activities pursuant to these agreements shall not commence until 

stipulated criteria are met, including completion of environmental 

reviews and a finding that activities are in the public interest. New 

paragraph (4) directs the Administrator of the Bonneville Power 

Administration to provide project power to operate the Kachess 

Pumping Plant during times of drought at no more than the applicable Tier 1 rate. New paragraph (4)(F) provides that the cost of 

power for the Kachess Reservoir drought relief project must be 

borne by irrigation districts receiving benefits from the project. 

The new section 1213(c) authorizes the Secretary to provide technical assistance for and participate in groundwater recharge 

projects, such as aquifer storage and recovery projects. 

The new section 1213(d) specifies that the federal cost share for 

projects authorized under this section will be determined in accordance with Reclamation law and policy. The Secretary is authorized 

to accept contributions by the State and other participating entities 

toward implementation of the Integrated Plan. This section further 

requires that the federal cost share for the initial development 

phase of the Integrated Plan shall not exceed 50 percent of the 

total cost of the initial development phase and that federal funds 

may not be used to provide the non-federal cost-share unless otherwise specified. 

The new section 1213(e) contains a number of savings clauses, 

including upholding existing contracts. 

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Section 5 also amends title XII of Public Law 103–434 by adding 

a new section 1214 regarding the operational control of water supplies. This new section stipulates that the Secretary retains the authority and discretion over the management of project supplies to 

optimize operational use and flexibility to ensure compliance with 

all applicable Federal and State laws, treaty rights of the Yakama 

Nation, and legal obligations, including those contained in this Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office. 

S. 714 would expand the purposes of federal water projects in the 

Yakima River Basin in the State of Washington. Those expansions 

would aim to increase the amount of water available for communities and irrigation systems during drought years and to restore 

fish populations, wetlands, and ecosystems in the basin. The bill 

also would direct the Bureau of Reclamation (BOR) to develop 

plans to construct projects in the region. Based on information from 

BOR, CBO estimates that implementing the legislation would cost 

$59 million over the 2018–2022 period and about $240 million after 

2022, assuming appropriation of the authorized and necessary 

amounts. 

Enacting S. 714 could affect direct spending if nonfederal partners contribute funds for BOR to construct certain local projects; 

therefore, pay-as-you-go procedures apply. However, CBO estimates 

that the net effect of collecting and spending such contributions 

would be negligible. Enacting S. 714 would not affect revenues. 

CBO estimates that enacting the bill would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

S. 714 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. 

Estimated cost to the federal government: The estimated budgetary effects of S. 714 are shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017– 

2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Wapato Irrigation and Cle Elum Dam 

Projects: 

Estimated Authorization Level .............. 0 8 8 8 7 6 37 

Estimated Outlays ................................ 0 5 7 8 7 7 34 

Water Projects in Yakima Basin Tributaries: 

Estimated Authorization Level .............. 0 2 4 4 4 4 18 

Estimated Outlays ................................ 0 1 3 4 4 4 16 

Other Provisions: 

Estimated Authorization Level .............. 0 2 2 2 2 2 10 

Estimated Outlays ................................ 0 1 2 2 2 2 9 

Total Changes:.

Estimated Authorization Level .............. 0 12 14 14 13 12 65 

Estimated Outlays ................................ 0 7 12 14 13 13 59 

Note: Implementing the bill would cost about $240 million after 2022, assuming appropriation of the authorized and estimated amounts. 

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Basis of estimate: For this estimate, CBO assumes that S. 714 

will be enacted near the end of 2017, that the specified and estimated amounts will be appropriated each year, and that outlays 

will follow the historical rate of spending for similar activities. 

S. 714 would authorize BOR to modify and complete certain 

water projects and to construct new ones in the Yakima River 

Basin. Under the bill, the federal share of the costs to complete 

those projects could not exceed 50 percent. 

Wapato Irrigation and Cle Elum Dam Projects 

S. 714 would increase the ceiling on amounts authorized to be appropriated for improving the Wapato Irrigation Project by $77 

million (for a total authorization level of $100 million) and for raising the height of the Cle Elum Dam by $9 million (for a total authorization level of $12 million). The bill also would increase the 

ceiling on amounts authorized to be appropriated for environmental 

oversight of those projects by $3 million (for a total authorization 

level of $5 million). Based on information from BOR about the construction schedules and time required to complete this work, CBO 

estimates that implementing those provisions would cost $34 million over 2018–2022 period and $55 million in the decade after 

2022. CBO estimates most of the spending would occur after 2022 

because improvements to the Wapato Irrigation Project are expected to take about 15 years to complete. 

Water Projects in the Yakima Basin Tributaries 

S. 714 would authorize BOR to conduct studies and construct 

projects to increase water supplies and to facilitate transfers of 

water in tributaries of the Yakima River for irrigation, recharging 

groundwater, and restoring riparian habitats. Based on information 

from BOR about how this new authority would be used, CBO expects BOR would use this authority to pursue projects in the 

Kittitas Reclamation District. BOR also would probably implement 

several other smaller projects in the Yakima Basin Tributaries. 

Under the bill, all construction costs for eligible projects would be 

a federal responsibility and could reach $200 million, including 

$120 million for the Kittitas projects, CBO estimates. (The amount 

of funding for those projects is not specified by the legislation.) 

Over the 2018–2022 period, CBO estimates that conducting feasibility studies and environmental reviews would cost $16 million. 

Most of the costs for constructing those projects would occur after 

2022. 

Other Provisions 

S. 714 would authorize the construction of projects to access 

water in Lake Kachess and to construct a pipeline between the 

Keechelus Reservoir and Lake Kachess to manage water supplies 

during periods of drought. Based on information from BOR, CBO 

estimates that constructing those projects would cost $350 million 

but, under the bill, no federal funds could be used for those purposes. Instead, BOR would be authorized to negotiate agreements 

with the state or other nonfederal entities to fully fund and construct those projects. 

How such agreements would work is uncertain. One possibility 

is that funds for construction could be donated to the federal govVerDate Sep 11 2014 06:57 Jun 15, 2017 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR107.XXX SR107
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ernment by the state or other parties and spent by BOR. Under 

such an agreement, donations would be recorded in the federal 

budget as an increase in offsetting receipts, (which are recorded in 

the budget as reductions in direct spending), and the expenditure 

of those funds would be recorded as an increase in direct spending. 

In that scenario the net effect on direct spending would not be significant. The costs to provide oversight and review of those projects 

would be a federal responsibility. Based on information from BOR, 

CBO estimates that providing oversight of the Keechelus and 

Kachess projects, and preparing other plans required by the bill 

would cost a total of $9 million over the 2018–2022 period. 

Pay-As-You-Go considerations: Enacting S. 714 could affect direct 

spending if nonfederal partners contribute funds for BOR to construct certain local projects; therefore, pay-as-you-go procedures 

apply. However, the net effect of collecting and spending those contributions would be negligible. Enacting S. 714 would not affect 

revenues. 

Increase in long-term direct spending and deficits: CBO estimates that enacting S. 714 would not increase net direct spending 

or on-budget deficits in any of the four consecutive 10-year periods 

beginning in 2028. 

Intergovernmental and private-sector impact: S. 714 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would benefit state and local governments in Washington, as 

well as tribes of the Yakama Nation, by authorizing financial and 

technical assistance for water infrastructure and conservation 

projects. Any costs incurred by those entities, including matching 

contributions, would be incurred voluntarily. 

Estimate prepared by: Federal costs: Aurora Swanson; impact on 

state, local, and tribal governments: Jon Sperl; impact on the private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

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. 714. 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. 714, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 714, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

Because S. 714 is similar to legislation considered by the Committee in the 114th Congress, the Committee did not request ExecVerDate Sep 11 2014 06:57 Jun 15, 2017 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR107.XXX SR107
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utive Agency views. The testimony provided by the Department of 

the Interior at the hearing before the Energy and Natural Resources Committee on July 7, 2015, follows: 

STATEMENT OF TOM ISEMAN, DEPUTY ASSISTANT SEC- RETARY FOR WATER AND SCIENCE, U.S. DEPARTMENT OF

THE INTERIOR

Chairman Murkowski, Ranking Member Cantwell and 

members of the Committee, thank you for the opportunity 

to provide the initial views of the Department of the Interior (Department) on S. 1694, legislation to implement 

Phase III of the Yakima River Basin Water Enhancement 

Project (YRBWEP). I am Tom Iseman, Deputy Assistant 

Secretary for Water and Science at the Department of the 

Interior. The Department continues to review the recently 

introduced version of S. 1694 and as such would like to 

work with the sponsor and this Committee to offer additional input on the bill and to address some initial concerns with the bill as discussed later in this testimony. 

The Department is an ongoing federal participant in Phase 

III, also known as the Integrated Plan, and this testimony 

will address areas where S. 1694 is consistent with that 

role. The Department supports the goals of S. 1694, which 

are consistent with the Department’s ongoing coordination 

with our State partners and all Basin interests to find solutions to the long-term imbalance between water supply 

and demand in the Yakima Basin. 

The YRBWEP Workgroup, formed in 2009, developed 

the Yakima River Basin Integrated Water Resources Management Plan, which is a partnership between Bureau of 

Reclamation (Reclamation), Washington State Department 

of Ecology, the Yakama Nation, irrigation districts, local 

governments, non-governmental organizations, and several 

other Federal and state agencies. It is exactly the kind of 

broad-based, consensus-driven cooperation that is essential 

to successful modern water resources management. As a 

long-term, collaborative process, the YRBWEP helps Reclamation continue to implement the Yakama Nation Settlement Agreement, and has progressed through two prior 

phases to arrive at Phase III, the Yakima River Basin Integrated Water Resources Management Plan, or Integrated 

Plan. 

YRBWEP and the Integrated Plan have their roots in 

the original authorization of a joint Federal-state feasibility study in 1979 (PL 96–162). In this statute, Congress 

directed Reclamation to conduct a feasibility study of the 

Yakima River Basin Water Enhancement Project and develop a plan that would provide supplemental water for 

currently irrigated lands, water for new lands within the 

Yakama Indian Reservation, increased instream flows for 

aquatic life, and a comprehensive plan for efficient management of existing basin water supplies. 

Early in the YRBWEP study process, fish passage problems were identified as needing immediate attention and 

in 1984, Congress authorized YRBWEP Phase I (Section 

11 

109 of PL 98–381), which primarily involved rebuilding 

fish ladders and constructing fish screens on river diversions. The YRBWEP study proceeded through the 1980s, 

but was not fully completed primarily due to uncertainties 

associated with the adjudication of basin surface water 

rights that began in 1977. Consequently, Congress passed 

additional legislation in 1994 (PL 103–434), for what is 

generally referred to as YRBWEP Phase II. This legislation provided for significant water conservation and acquisition activities, studies to define the long-term water 

needs of fish and current irrigators, improvements to the 

Wapato Irrigation Project, and development of a plan for 

management of basin water supplies. 

The broad-based, consensus-driven nature of YRBWEP 

Phases I and II has been established through the development of many relationships, building diverse support for 

continued implementation of a broad range of projects as 

part of Phase III. The elements of this plan, and associated 

activities, were never envisioned to be stand-alone, individual efforts, but rather broad-based collaborative efforts 

that strive to integrate elements of interests held by each 

stakeholder. Still, while prioritizing Federal support, both 

financially and administratively, we have a responsibility 

to ensure that available resources are put to their highest 

and best use, utilized for the most cost-effective elements 

that have a strong Federal interest. This has been the approach used in the Administration’s recent Budgets, as discussed below. As a corollary to this Federal support, in 

June 2013, the Washington State Legislature affirmed 

their support for the Integrated Plan in statute (SSSB 

5367) and provided $132 million to begin implementation 

of the plan. 

The current lack of facilities in which to store the full 

water supply of the basin, operational constraints, and 

legal framework affecting water resources in the Yakima 

River Basin illustrate the challenges for residents, businesses, tribal communities, and ecosystem resources. The 

Integrated Plan is aimed at addressing these challenges, 

which include: 

• Water reliability for the Yakama Nation: the Integrated Plan approach will help assure the ability to meet 

Tribal water supply needs, and offers an alternative to expensive and time-consuming litigation to resolve treaty 

issues. 

• Proratable water users receive sharply diminished supplies from the Yakima Project during severe drought 

years, in one year as little as 38% of their full allotment. 

Junior users can be cut off completely. This reduces agricultural production and associated jobs in the basin. For 

those who grow tree fruit, this could cause early loss of 

trees, which could have remained economically productive, 

sometimes for many additional years. 

• Most municipal and domestic water users in the basin 

rely on junior water rights for their drinking water supplies. The Yakama Nation and irrigation users, including 

12 

proratable irrigation users, hold water rights and entitlements that are senior to most municipal and domestic 

uses. Municipal and domestic users live with a very real 

risk that their supplies could be cut off as a result of litigation brought by senior water users under drought conditions. This affects current residents and also limits the 

ability of local communities to grow and develop. The State 

of Washington and local governments have identified 

averting such litigation as a key objective. • Scientists studying the effects of global climate change 

on the Columbia River Basin project that less water will 

be stored in the Cascade Range snowpack in future decades compared with current conditions. Snowpack currently provides a substantial portion of runoff to the Yakima River basin, and reduced snowpack in the future 

would compromise water supply, streamflow, and aquatic 

habitat conditions. There is no single type of action that 

can address the multiple effects of climate change on 

snowpack, runoff conditions, water temperature, aquatic 

life, and forest health. Reclamation and Ecology believe 

that an integrated approach that includes consideration of 

water storage, water conservation, streamflow management, fish passage, and habitat improvements offers the 

best opportunity to mitigate climate change impacts on the 

Yakima basin’s aquatic habitat and economy. • Forest resources, land and terrestrial habitat of the 

Yakima basin also face risks from climate change, large 

wildfires, fragmented ownership, and land-use practices. 

These risks exacerbate the other risks to water resources 

and aquatic habitats. The Integrated Plan includes approaches to coordinate land management and water management to help manage these risks. 

The Integrated Plan encompasses seven elements: habitat and watershed protection and enhancement; reservoir 

fish passage; surface storage; enhanced water conservation; structural and operational changes; groundwater 

storage; and the use of market-based forces to reallocate 

water and habitat among willing buyers and sellers. The 

goals of the Integrated Plan are to protect, mitigate, and 

enhance fish and wildlife habitat; provide increased operational flexibility to manage instream flows to meet ecological objectives; and improve the reliability of the water 

supply for irrigation, municipal supply and domestic uses. 

Because of this history, a strong foundation of planning, 

study and diverse support underlies the YRBWEP and the 

Integrated Plan. Reclamation and Ecology completed a 

final Programmatic Environmental Impact Statement 

(PEIS) for the Integrated Plan in March 2012, and a 

Record of Decision (ROD) was signed in 2013. Under 

Phase II, Reclamation completed eight basin conservation 

plans and five feasibility-level conservation plans with two 

more feasibility plans to be completed this year. 

The President’s FY 2016 request is $12.8 million for currently authorized YRBWEP activities consistent with 

Phase II and the Integrated Plan that are cost-effective 

13 

and have a strong Federal interest. The YRBWEP has 

been part of the President’s request consistently each year 

because of its nexus with several mission areas for the Department, and because of the multiple benefits that the 

current process makes possible, such as avoiding water resources conflicts that might otherwise occur and achieving 

both ecological and economic benefits in the basin. By linking several elements together for shared progress, 

YRBWEP is meaningfully increasing the reliability of the 

irrigation water supply and benefiting anadromous fish in 

the Yakima River basin. Dozens of activities are underway 

and in various stages of implementation. For example, the 

river levee set-back project in Yakima, Washington, is now 

complete and was jointly funded by Reclamation, the U.S. 

Army Corps of Engineers (Corps) and the City of Yakima, 

and provides multiple local benefits including fish and 

wildlife benefits, increased flood protection and improved 

water quality. Reclamation is currently in the design 

phase of a similar project near Ellensburg, Washington. 

Additionally, Reclamation, along with several Federal, 

state, local and private partners, completed the Manastash 

Creek Conservation and Tributary Enhancement Project, 

which was the first construction project included in the Integrated Plan, and was completed in 2014. This project is 

considered a major success because portions of the stream 

that have been seasonally dewatered for over 100 years 

are now flowing year-round, and steelhead can be found in 

the stream. Other projects include providing permanent 

fish passage at Cle Elum Dam; construction is scheduled 

to begin this year and is being co-funded by Reclamation 

and the State of Washington, which will help meet Reclamation’s obligation for fish passage under the Yakama 

Nation Settlement Agreement, in addition to continuing 

acquisitions of land and water on the Yakima River and its 

tributaries where there exists a high potential for improved fisheries and watershed conditions. As of 2015, approximately 40,000 acre-feet (af) of water has been acquired for instream flows by Phase II projects and over 

13,000 af has been conserved to improve irrigation supplies in drought years. These diverse projects combine 

planning, grant-making and direct construction through 

many partnerships. 

This legislation specifically directs the completion of construction of fish passage at Cle Elum dam and at least one 

other Yakima Basin reservoir within the next ten years. 

This is extremely important to the Yakama Nation and 

various federal and state fishery agencies. Restoration of 

fish passage in the Yakima Basin is culturally significant 

and fish passage at the dams will open up tens of miles 

of pristine fish habitat currently inaccessible above the 

dams. 

The Department would like to work with the sponsor’s 

office and this committee to clarify the authorities that are 

utilized in the Yakima River Basin and altered by this bill, 

particularly those in Section 4(c) and Section 5. As curVerDate Sep 11 2014 06:57 Jun 15, 2017 Jkt 069010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6969 E:\HR\OC\SR107.XXX SR107
14 

rently drafted, we do not interpret the authorization provided in this bill to extend to the construction or raise of 

any large dams in the Basin, with the exception of Cle 

Elum Dam, despite their inclusion in the overall Integrated plan, the provision in Section 2(b)(8), and the provisions added by Section 5. In general, we interpret authorities added by this bill to be limited to carrying out those 

elements currently identified as the ‘Initial Development 

Phase’ of the Integrated Plan. We would also like to work 

with the committee regarding the fish recovery language 

at sections 2(b)(1) and 4(b)(3) [bill pages 2 and 15], the 

treaty language at 4(b) [bill page 12], and the instream 

flow language at section 4(b)(2) [bill page 14]. 

This legislation also allows for the irrigation districts to 

construct a facility to access a significant amount of water 

stored in the inactive pool of Kachess Reservoir. This will 

provide proratable irrigation districts with the additional 

water needed to increase their supply in drought years 

from a climate-model estimated low of 20–30% up to 70%. 

This legislation will also allow additional funds for water 

conservation on the Yakama Reservation, which is the 

largest irrigator in the basin and has a significant conservation need, to be able to help the entire basin with 

more efficient use of limited water supplies. Additional 

funds for the Cle Elum pool raise project are authorized 

which will allow control of another 14,600 af of water that 

can be used in ways beneficial to fish. There are many 

other benefits to this legislation, but the last I will mention here is that it allows the Secretary to accept cost 

share for many of these projects which allows Federal dollars to be leveraged to achieve more conservation. 

The Integrated Plan has also provided for unprecedented 

collaboration between irrigation districts, the Yakama Nation and fish agencies, which can best be described by the 

recent example of Kittitas Reclamation District’s (KRD) efforts to relieve hardships to local streams from drought. 

KRD has turned on siphons and water gates in its canals 

that provide flows to Manastash Creek and five other upstream Yakima River tributaries. Under an agreement 

with Reclamation, Ecology, the Yakama Nation and in consultation with the state Department of Fish & Wildlife, 

Yakima Project water is being routed through KRD canals 

on its way to downstream diverters and passed through 

these small creeks. It then flows back to the same river it 

came from and it is available for diversions further down 

the Yakima River. This is being done in a manner that has 

no impact on the total water supply and still improves 

flow, fish habitat and vegetation lining creek banks. 

Implementation of the YRBWEP is based on a funding 

strategy that includes the premise that projects with Federal participation will be cost-shared by Federal and nonFederal entities. For example, the State of Washington 

and Reclamation have signed a Memorandum of Agreement to provide 50–50 cost-share for the Cle Elum Dam 

Fish Passage Project, and the beneficiaries of the Kachess 

15 

Drought Relief Pumping Plant have suggested that they 

will fund both capital and operations and maintenance 

(O&M) costs of that project. Additionally, several habitat 

enhancement and agricultural conservation projects are 

being funded by Federal, state, and local governments. 

S. 1694 is being introduced at an opportune time when 

stakeholders understand the urgency in implementing 

many elements of the Integrated Plan and are willing 

funding partners, able to take on the operations and maintenance (O&M) of various elements of YRBWEP projects, 

thus taking the full funding and O&M burden off the federal budget. This unique opportunity is a result of many 

years of collaboration with a diverse group of stakeholders 

who have traditionally held opposing views but are now cooperatively working together to achieve real, tangible results. This legislation is essential in maintaining the momentum that has been built. 

As stated above, while the Administration supports 

YRBWEP activities that are cost-effective and have a 

strong Federal interest through its budget request and 

through ongoing activities at other agencies, the Department is still completing its review of the introduced 

version of S. 1694. We understand it has undergone several recent revisions up through the preceding days, and 

we appreciate having been part of some of those revisions. 

The Department still needs to closely complete review of 

the introduced bill to determine its consistency—both from 

a budgetary perspective as well as a programmatic view— 

with the agreed-to elements in YRBWEP and the Integrated Plan. While the Department supports the sponsor’s 

intention to authorize continued federal participation in 

the implementation of the Integrated Plan (a.k.a. 

YRBWEP Phase III), we look forward to working with the 

bill’s sponsor and the Committee to address specific elements of the bill once we have had the opportunity to conduct further analysis. The Department supports the goals 

of S. 1694; however, we reserve the right to submit additional comments on the bill in the future. 

This concludes my written statement. I would be pleased 

to answer questions at the appropriate time. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the original 

bill, as reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law in which no change is proposed is shown in 

roman): 

Public Law 103–434, as amended 

* * * * * * * 

16 

TITLE XII—YAKIMA RIVER BASIN WATER 

ENHANCEMENT PROJECT 

SEC. 1201. PURPOSES. 

The purposes of this title are— 

ø(1) to protect, mitigate, and enhance fish and wildlife 

through improved water management; improved instream 

flows; improved water quality; protection, creation and enhancement of wetlands; and by other appropriate means of 

habitat improvement;¿ 

(1) to protect, mitigate, and enhance fish and wildlife and the 

recovery and maintenance of self-sustaining harvestable populations of fish and other aquatic life, both anadromous and 

resident species, throughout their historic distribution range in 

the Yakima Basin through— 

(A) improved water management and the constructions of 

fish passage at storage and diversion dams, as authorized 

under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 

et seq.); 

(B) improved instream flows and water supplies; 

(C) improved water quality, watershed, and ecosystem 

function; 

(D) protection, creation, and enhancement of wetlands; 

and 

(E) other appropriate means of habitat improvement; 

(2) to improve the reliability of water supply for irrigation, 

municipal, industrial, and domestic water supply and use purposes, especially during drought years, including reducing the 

frequency and severity of water supply shortages for pro-ratable 

irrigation entities; 

(3) to authorize the Secretary to make water available for 

purchase or lease for meeting municipal, industrial, and domestic water supply purposes; 

ø(3)¿ (4) to authorize a Yakima River basin water conservation program that will improve the efficiency of water delivery 

and use; enhance basin water supplies; improve water quality; 

protect, create and enhance wetlands; and determine the 

amount of basin water needs that can be met by water conservation measures; 

ø(4) to realize sufficient water savings from the Yakima 

River Basin Water Conservation Program so that not less than 

40,000 acre-feet of water savings per year are achieved by the 

end of the fourth year of the Basin Conservation Program, and 

not less than 110,000 acre-feet of water savings per year are 

achieved by the end of the eighth year of the program, to protect and enhance fish and wildlife resources; and not less than 

55,000 acre feet of water savings per year are achieved by the 

end of the eighth year of the program for availability for irrigation;¿ 

(5) to realize sufficient water savings from implementing the 

Yakima River Basin Integrated Water Resource Management 

Plan, so that not less than 85,000 acre feet of water savings are 

achieved by implementing the first phase of the Integrated Plan 

pursuant to section 1213(a), in addition to the 165,000 acre feet 

17 

of water savings targeted through the Basin Conservation Program, as authorized on October 31, 1994; 

ø(5)¿ (6) to encourage an increase in voluntary transactions 

among public and private entities which result in the implementation of water conservation measures, practices, and facilities; øand¿ 

(7) to encourage an increase in the use of, and reduce the barriers to, water transfers, leasing, markets, and other voluntary 

transactions among public and private entities to enhance 

water management in the Yakima River basin; 

ø(6)¿ (8) to provide for the implementation by the øYakama 

Indian¿ Yakama Nation at its sole discretion of (A) an irrigation demonstration project on the øYakama Indian¿ Yakama 

Reservation using water savings from system improvements to 

the Wapato Irrigation Project, and (B) a Toppenish Creek corridor enhancement project integrating agricultural, fish, wildlife, and cultural resourcesø.¿; 

(9) to improve the resilience of the ecosystems, economies, and 

communities in the Basin as they face drought, hydrologic 

changes, and other related changes and variability in natural 

and human systems, for the benefit of both the people and the 

fish and wildlife of the region; and 

(10) to authorize and implement the Yakima River Basin Integrated Water Resource Management Plan as Phase III of the 

Yakima River Basin Water Enhancement Project, as a balanced 

and cost-effective approach to maximize benefits to the communities and environment in the Basin. 

SEC. 1202. DEFINITIONS. 

As used in this title: 

(1) The term ‘‘Basin Conservation Plan’’ means a plan for implementing water conservation measures found in the various 

water conservation plans developed under the Basin Conservation Program. 

(2) The term ‘‘Basin Conservation Program’’ means the Yakima River Basin Water Conservation Program established 

under section 1203(a). 

(3) The term ‘‘comprehensive basin operating plan’’ means a 

plan that will provide guidance to the Yakima Project øSuperintendent¿ Manager for operation of the existing Yakima 

Project as modified by actions taken pursuant to this title. 

(4) The term ‘‘Conservation Advisory Group’’ means the Yakima River Basin Conservation Advisory Group established 

under section 1203(c). 

(5) The term ‘‘conserved water’’ means water saved and attributable to the program established under the Basin Conservation Program. 

(6) DESIGNATED FEDERAL OFFICIAL.—The term ‘‘designated 

Federal official’’ means the Commissioner of Reclamation (or a 

designee), acting pursuant to the charter of the Conservation 

Advisory Group. 

(7) INTEGRATED PLAN.—The terms ‘‘Integrated Plan’’ and 

‘‘Yakima River Basin Integrated Water Resource Plan’’ mean 

the plan and activities authorized by the Yakima River Basin 

Enhancement Project Phase III Act of 2015 and the amendments made by that Act, to be carried out in cooperation with 

18 

and in addition to activities of the State of Washington and 

Yakama Nation. 

ø(6)¿ (8) The term ‘‘Irrigation Demonstration Project’’ means 

the øYakama Indian¿ Yakama Reservation Irrigation Demonstration Project authorized in section 1204(b). 

(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC WATER SUPPLY

AND USE.—The term ‘‘municipal, industrial, and domestic water 

supply and use’’ means the supply and use of water for— 

(A) domestic consumption (whether urban or rural); 

(B) maintenance and protection of public health and safety; 

(C) manufacture, fabrication, processing, assembly, or 

other production of a good or commodity; 

(D) production of energy; 

(E) fish hatcheries; or 

(F) water conservation activities relating to a use described in subparagraphs (A) through (E). 

ø(7)¿ (10) The term ‘‘nonproratable water’’ means that portion of the total water supply available under provisions of sections 18 and 19 of Civil Action No. 21 (Federal District Court 

Judgment of January 31, 1945) that is not subject to proration 

in times of water shortage. 

ø(8)¿ (11) The term ‘‘on-district storage’’ means small water 

storage facilities located within the boundaries of an irrigation 

entity, including reregulating reservoirs, holding ponds, or 

other new storage methods which allow for efficient water use. 

(12) PRORATABLE IRRIGATION ENTITY.—The term ‘‘proratable 

irrigation entity’’ means a district, project, or State-recognized 

authority, board of control, agency, or entity located in the Yakima River basin that— 

(A) manages and delivers irrigation water to farms in the 

basin; and 

(B) possesses, or the members of which possess, water 

rights that are proratable during periods of water shortage. 

ø(9)¿ (13) The term ‘‘proratable water’’ means that portion of 

the total water supply available under provisions of sections 18 

and 19 of Civil Action No. 21 (Federal District Court Judgment 

of January 31, 1945) that is subject to proration in times of 

water shortage. 

ø(10)¿ (14) The term ‘‘Secretary’’ means the Secretary of the 

Interior. 

ø(11)¿ (15) The term ‘‘System Operations Advisory Committee’’ means a group of fishery biologists— 

(A) created by the Yakima Project øSuperintendent¿ 

Manager in response to the supplemental instructions entitled ‘‘Supplementary Instructions to the Water Master’’, 

and dated November 28, 1980, in the case of Kittitass Reclamation District, et al. vs. the Sunnyside Valley Irrigation 

District, et al. (E.D. Wash., Civil No. 21.); 

(B) who advise the Yakima Project øSuperintendent¿ 

Manager on operations of the Yakima Project for fish and 

wildlife purposes; and (C) who, together with others, were 

identified for consultation on November 29, 1990, in the 

amended partial summary judgment entered in the basin 

19 

adjudication (Yakima County Superior Court No. 77–2– 

01484–5). 

ø(12)¿ (16) The term ‘‘Toppenish Enhancement Project’’ 

means the Toppenish Creek corridor enhancement project authorized by section 1204(c). 

(17) YAKIMA ENHANCEMENT PROJECT; YAKIMA RIVER BASIN

WATER ENHANCEMENT PROJECT.—The terms ‘‘Yakima Enhancement Project’’ and ‘‘Yakima River Basin Water Enhancement 

Project’’ mean the Yakima River basin water enhancement 

project authorized by Congress pursuant to this Act and other 

Acts (including Public Law 96–162 (93 Stat. 1241), section 109 

of Public Law 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), 

Public Law 105–62 (111 Stat. 1320), and Public Law 106–372 

(114 Stat. 1425)) to promote water conservation, water supply, 

habitat, and stream enhancement improvements in the Yakima 

River basin. 

ø(13)¿ (18) The term ‘‘øYakama Indian¿ Yakama Nation’’ 

means the Confederated Tribes and Bands of the øYakama Indian¿ Yakama Nation as redesignated under section 1204(g). 

ø(14)¿ (19) The term ‘‘Yakima Project øSuperintendent¿ 

Manager’’ means the individual designated by the Regional Director, Pacific Northwest Region, Bureau of Reclamation, to be 

responsible for the operation and management of the Yakima 

Federal Reclamation Project, Washington. 

SEC. 1203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM. 

(a) ESTABLISHMENT.—(1) The Secretary, in consultation with the 

State of Washington, the øYakama Indian¿ Yakama Nation, Yakima River basin irrigators, and other interested parties, shall establish and administer a Yakima River Basin Water Conservation 

Program for the purpose of evaluating and implementing measures 

to improve the availability of water supplies for irrigation and the 

protection and enhancement of fish and wildlife resources, including wetlands, while improving the quality of water in the Yakima 

Basin. The Secretary may make grants to eligible entities for the 

purposes of carrying out this øtitle¿ section under such terms and 

conditions as the Secretary may require. Such terms and conditions 

shall include a requirement that all water districts, irrigation districts, individuals, or other entities eligible to participate in the 

Basin Conservation Program must equip all surface water delivery 

systems within their boundaries with volumetric water meters or 

equally effective water measuring methods øwithin 5 years of the 

date of enactment of this Act¿. 

(2) Conserved water resulting in whole or in part from the expenditure of Federal funds shall not be used to expand øirrigation¿ 

the number of irrigated acres in the Yakima Basin, except as specifically provided in section 1204(a)(3) on the øYakama Indian¿ 

Yakama Reservation. 

(3) The provisions of this section shall not apply to the øYakama 

Indian¿ Yakama Nation except as to any funds specifically applied 

for from the Basin Conservation Program. 

(b) FOUR PHASES OF PROGRAM.—The Basin Conservation Program shall encourage and provide funding assistance for four 

phases of water conservation, which shall consist of the following: 

(1) The development of water conservation plans, consistent 

with applicable water conservation guidelines of the Secretary, 

20 

by irrigation districts, conservation districts, water purveyors, 

other areawide entities, and individuals not included within an 

areawide entity. 

(2) The investigation of the feasibility of specific potential 

water conservation measures identified in conservation plans. 

(3) The implementation of measures that have been identified in conservation plans and have been determined to be feasible. 

(4) Post implementation monitoring and evaluation of implemented measures. 

(c) CONSERVATION ADVISORY GROUP.—(1) Not later than 12 

months after the date of enactment of this Act, the Secretary, in 

consultation with the State of Washington, the øYakama Indian¿ 

Yakama Nation, Yakima River basin irrigators, and other interested and related parties, shall establish the Yakima River Basin 

Conservation Advisory Group. 

(2) Members of the Conservation Advisory Group shall be appointed by the Secretary and shall be comprised of— 

(A) one representative of the Yakima River basin nonproratable irrigatorsø,¿; 

(B) one representative of the Yakima River basin proratable 

irrigatorsø,¿; 

(C) one representative of the øYakama Indian¿ Yakama 

Nationø,¿; 

(D) one representative of environmental interestsø,¿; 

(E) one representative of the Washington State University 

Agricultural Extension Serviceø,¿; and 

(F) one representative of the øDepartment of Wildlife of the 

State of Washington, and¿ Department of Fish and Wildlife of 

the State of Washington. ø(G) one individual who shall serve as the facilitator.¿ 

(3) The Conservation Advisory Group shall— 

(A) provide recommendations to the Secretary and to the 

State of Washington regarding the structure and implementation of the Basin Conservation Programø,¿; 

(B) provide recommendations to the Secretary and to the 

State of Washington regarding the establishment of a permanent program for the measurement and reporting of all natural 

flow and contract diversions within the basinø,¿; 

(C) structure a process to prepare a basin conservation plan 

as specified in subsection (f)ø,¿; 

(D) provide annual review of the implementation of the applicable water conservation guidelines of the Secretaryø, and¿; 

(E) provide recommendations consistent with statutes of the 

State of Washington on rules, regulations, and administration 

of a process to facilitate the voluntary sale or lease of waterø.¿; 

and 

(F) provide recommendations to advance the purposes and 

programs of the Yakima Enhancement Project, including the 

Integrated Plan. 

ø(4) The facilitator shall arrange for meetings of the Conservation Advisory Group, provide logistical support, and serve as moderator for the meetings.¿ 

(4) AUTHORITY OF DESIGNATED FEDERAL OFFICIAL.—The designated Federal official may— 

21 

(A) arrange and provide logistical support for meetings of the 

Conservation Advisory Group; 

(B) use a facilitator to serve as a moderator for meetings of 

the Conservation Advisory Group or provide additional 

logistical support; and 

(C) grant any request for a facilitator by any member of the 

Conservation Advisory Group. 

(5) The Conservation Advisory Group shall consult an irrigation 

district when considering actions specifically affecting that district. 

For the purposes of this paragraph, an irrigation district includes 

the Yakima Reservation Irrigation District. 

(6) The Conservation Advisory Group shall be nonvoting, seeking 

consensus whenever possible. If disagreement occurs, any member 

may submit independent comments to the Secretary. The Conservation Advisory Group shall terminate 5 years after the date of 

its establishment unless extended by the Secretary. 

(d) COST SHARING.—(1) Except as otherwise provided by this 

title, costs incurred in the four phases of the Basin Conservation 

Program shall be shared as follows: 

(2) The Yakima River Basin Water Enhancement Project is a 

Federal action to improve streamflow and fish passage conditions 

and shall be considered part of a comprehensive program to restore 

the Yakima River basin anadromous fishery resource. Related fishery resource improvement facilities which utilize funding sources 

under the Pacific Northwest Electric Power Planning and Conservation Act of 1989 (94 Stat. 2697) and independent water-related improvements of the State of Washington and other public 

and private entities to improve irrigation water use, water supply, 

and water quality, shall be treated as non-Federal cost share expenditures and shall be consolidated in any final calculation of required cost sharing. Within one year of the date of enactment of 

this Act, the Secretary shall enter into a binding cost sharing 

agreement with the State of Washington. The agreement shall describe the terms and conditions of specific contributions and other 

activities that may, subject to approval by the Secretary, qualify as 

non-Federal cost share expenditures. 

(3) Costs of the Basin Conservation Program related to projects 

on the øYakama Indian¿ Yakama Reservation are a Federal responsibility and shall be nonreimbursable and not subject to the 

cost-sharing provisions of this subsection. 

(4) PAYMENT OF LOCAL SHARE BY STATE OR FEDERAL GOVERNMENT.— 

(A) IN GENERAL.—The State or the Federal Government may 

fund not more than the 17.5 percent local share of the costs of 

the Basin Conservation Program in exchange for the long-term 

use of conserved water, subject to the requirement that the funding by the Federal Government of the local share of the costs 

shall provide a quantifiable public benefit in meeting Federal 

responsibilities in the Basin and the purposes of this title. 

(B) USE OF CONSERVED WATER.—The Yakima Project Manager may use water resulting from conservation measures taken 

under this title, in addition to water that the Bureau of Reclamation may acquire from any willing seller through purchase, donation, or lease, for water management uses pursuant 

to this title. 

22 

(e) ENTITY WATER CONSERVATION PLANS.—øTo participate in the 

Conservation Basin Program an entity must submit a proposed 

water conservation plan to the Secretary. The Secretary shall approve a water conservation plan submitted under this subsection if 

the Secretary determines that the plan meets the applicable water 

conservation guidelines of the Secretary.¿ To participate in the 

Basin Conservation Program, as described in subsection (b), an entity shall submit to the Secretary a proposed water conservation 

plan. (f) BASIN CONSERVATION PLAN.—The Conservation Advisory 

Group shall, within 21⁄2 years after the date of enactment of this 

Act, submit a draft basin conservation plan to the Secretary. 

(g) PUBLIC COMMENT.—The Secretary shall distribute the draft 

basin conservation plan and the entity water conservation plans 

submitted under subsections (e) and (f), respectively, for public 

comment for a 60-day period. 

(h) PUBLICATION OF BASIN CONSERVATION PLAN.—Within 60 days 

after the close of the comment period under subsection (g), the Secretary shall publish the Basin Conservation Plan which plan will 

provide the basis— 

(1) for prioritizing and allocating funds to implement conservation measures under this title; and 

(2) for preparing an interim comprehensive basin operating 

plan under section 1210 of this title as provided for in Public 

Law 96–162 (93 Stat. 1241). 

(i) CONSERVATION MEASURES.—(1) Measures considered for implementation in the Basin Conservation Program may include, 

among others, conveyance and distribution system monitoring, automation of water conveyance systems, water measuring or metering devices and equipment, lining and piping of water conveyance 

and distribution systems, on-district storage, electrification of hydraulic turbines, tail-water recycling, consolidation of irrigation 

systems, irrigation scheduling, and improvement of on-farm water 

application systems. Basin Conservation Program funds may also 

be used throughout all four phases of the Basin Conservation Program to mitigate for adverse impacts of program measures. 

(2) In addition to implementing existing technologies, the Secretary shall encourage the testing of innovative water conservation 

measures. The Secretary shall, to the maximum extent possible 

under applicable Federal, State, and tribal law, cooperate with the 

State of Washington to facilitate water and water right transfers, 

water banking, dry year options, the sale and leasing of water, and 

other innovative allocation tools used to maximize the utility of existing Yakima River basin water supplies. 

(3) The Secretary may, consistent with applicable law, use funds 

appropriated to carry out this section for the øpurchase or lease¿ 

purchase, lease, or management of land, water, or water rights from 

any entity or individual willing to limit or forego water use on a 

temporary or permanent basis. Funds used for øpurchase or lease¿ 

purchase, lease, or management under this paragraph are not subject to the cost sharing provisions of subsection (d). Efforts to acquire water should be ømade immediately upon availability of 

funds to meet the three-year goal specified in section 1205(a)(4) to 

provide water to be used by the Yakima Project øSuperintendent¿ 

Manager under the advisement of the System Operations Advisory 

23 

Committee¿ continued as needed to provide water to be used by the 

Yakima Project Manager as recommended by the System Operations 

Advisory Committee and the Conservation Advisory Group for 

instream flow purposes. The use of Basin Conservation Program 

funds under this paragraph are in addition to those specifically authorized to be appropriated by subsection (j)(4). 

(4) On-farm water management improvements shall be coordinated with programs administered by the Secretary of Agriculture 

and State conservation districts. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated to the Secretary, at September 1990 prices, 

plus or minus such amounts as may be justified by reason of ordinary fluctuations of applicable cost indexes, the following amounts 

for the Basin Conservation Program: 

(1) $1,000,000 for the development of water conservation 

plans. 

(2) $4,000,000 for investigation of specific potential water 

conservation measures identified in conservation plans for consideration for implementing through the Basin Conservation 

Program. 

(3) Up to $67,500,000 for design, implementation, post-implementation monitoring and evaluation of measures, and addressing environmental impacts. 

(4) Up to $10,000,000 for the øinitial acquisition of water 

from willing sellers or lessors specifically to provide instream 

flows for interim periods to facilitate the outward migration of 

anadromous fish flushing flows¿ acquisition of water from willing sellers or lessors specifically to provide improved instream 

flows for anadromous and resident fish and other aquatic life, 

including pulse flows to facilitate outward migration of anadromous fish. Such funds shall not be subject to the cost sharing 

provisions of subsection (d). 

(5) $100,000 annually for the establishment and support of 

the Conservation Advisory Group during its duration. Such 

funds shall be available for travel and per diem, rental of 

meeting rooms, typing, printing and mailing, and associated 

administrative needs. The Secretary and the State of Washington shall provide appropriate staff support to the Conservation Advisory Group. 

SEC. 1204. øYAKAMA INDIAN¿ YAKAMA NATION. 

(a) WAPATO IRRIGATION PROJECT IMPROVEMENTS AND APPROPRIATIONS.—(1) The øYakama Indian¿ Yakama Nation’s proposed system improvements to the Wapato Irrigation Project, as well as the 

design, construction, operation, and maintenance of the Irrigation 

Demonstration Project and the Toppenish Creek corridor enhancement project, pursuant to this title shall be coordinated with the 

Bureau of Indian Affairs. 

(2) There is authorized to be appropriated to the Secretary ønot 

more than $23,000,000¿ not more than $100,000,000 for the preparation of plans, investigation of measures, and following the Secretary’s certification that such measures are consistent with the 

water conservation objectives of this title, the implementation of 

system improvements to the Wapato Irrigation Project. Funding for 

further improvements within the Wapato Irrigation Project may be 

24 

acquired under the Basin Conservation Program or other sources 

identified by the øYakama Indian¿ Yakama Nation. 

(3) Water savings resulting from irrigation system improvements 

shall be available for the use of the øYakama Indian¿ Yakama Nation for irrigation and other purposes on the reservation and for 

protection and enhancement of fish and wildlife within the Yakima 

River basin. The conveyance of such water through irrigation facilities other than the Wapato Irrigation Project shall be on a voluntary basis and shall not further diminish the amount of water 

that otherwise would have been delivered by an entity to its water 

users in years of water proration. 

(b) IRRIGATION DEMONSTRATION PROJECT APPROPRIATIONS.— 

(1)(A) There is hereby authorized to be appropriated to the Secretary— 

(i) at September 1990 prices, plus or minus such amounts as 

may be justified by reason of ordinary fluctuations of applicable cost indexes, $8,500,000 for the design and construction of 

the øYakama Indian¿ Yakama Reservation Irrigation Demonstration Project; and 

(ii) such sums as may be necessary for the operation and 

maintenance of the Irrigation Demonstration Project, including 

funds for administration, training, equipment, materials, and 

supplies for the period specified by the Secretary, which sums 

are in addition to operation and maintenance funds for wildlife 

and cultural purposes appropriated to the Secretary under 

other authorization. 

(B) Funds may not be made available under this subsection until 

the øYakama Indian¿ Yakama Nation obtains the concurrence of 

the Secretary in the construction, management, and administrative 

aspects of the Irrigation Demonstration Project. 

(C) After the end of the period specified under subparagraph 

(A)(ii), costs for the operation and maintenance of the Irrigation 

Demonstration Project, including funds for administration, training, equipment, materials, and supplies referred to in that subparagraph, shall be borne exclusively by the lands directly benefitting 

from the Irrigation Demonstration Project. 

(2) The Irrigation Demonstration Project shall provide for the 

construction of distribution and on-farm irrigation facilities to use 

all or a portion of the water savings, as determined by the 

øYakama Indian¿ Yakama Nation, resulting from the Wapato Irrigation Project system improvements for— 

(A) demonstrating cost-effective state of the art irrigation 

water management and conservation, 

(B) the training of tribal members in irrigation methods, operation, and management, and 

(C) upgrading existing hydroelectric facilities and construction of additional hydroelectric facilities on the reservation to 

meet irrigation pumping power needs. 

(c) TOPPENISH CREEK CORRIDOR ENHANCEMENT PROJECT APPRO- PRIATIONS.—There is hereby authorized to be appropriated to the Secretary $1,500,000 for the further investigation by the øYakama 

Indian¿ Yakama Nation of measures to develop a Toppenish Creek 

corridor enhancement project to demonstrate integration of management of agricultural, fish, wildlife, and cultural resources to 

meet tribal objectives and such amount as the Secretary subseVerDate Sep 11 2014 06:57 Jun 15, 2017 Jkt 069010 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\SR107.XXX SR107
25 

quently determines is necessary for implementation. There is also 

authorized to be appropriated to the Secretary such sums as may 

be necessary for the operation and maintenance of the Toppenish 

Enhancement Project. 

(d) REPORT.—Within 5 years of the implementation of the Irrigation Demonstration Project and the Toppenish Enhancement 

Project, the Secretary, in consultation with the øYakama Indian¿ 

Yakama Nation, shall report to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources 

of the House of Representatives, and the Governor of the State of 

Washington on the effectiveness of the conservation, training, mitigation, and other measures implemented. 

(e) STATUS OF IMPROVEMENTS AND FACILITIES.—The Wapato Irrigation Project system improvements and any specific irrigation facility of the Irrigation Demonstration Project (excluding on-farm irrigation facilities) and the Toppenish Enhancement Project shall 

become features of the Wapato Irrigation Project. 

(f) TREATMENT OF CERTAIN COSTS.—Costs related to Wapato Irrigation Project improvements, the Irrigation Demonstration Project, 

and the Toppenish Enhancement Project shall be a Federal responsibility and are nonreimbursable and nonreturnable. 

(g) øREDESIGNATION OF YAKIMA INDIAN NATION TO YAKAMA IN- DIAN NATION.—¿ REDESIGNATION OF YAKAMA INDIAN NATION TO

YAKAMA NATION.— ø(1) REDESIGNATION.—The Confederated Tribes and Bands of 

the Yakima Indian Nation shall be known and designated as 

the ‘‘Confederated Tribes and Bands of the Yakama Indian Nation’’.¿ 

(1) REDESIGNATION.—The Confederated Tribes and Bands of 

the Yakama Indian Nation shall be known and designated as 

the ‘‘Confederated Tribes and Bands of the Yakama Nation’’. 

(2) REFERENCES.— Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the 

Confederated Tribes and Bands of the Yakima Indian Nation 

referred to in subsection (a) shall be ødeemed to be a reference 

to the ‘‘Confederated Tribes and Bands of the Yakama Indian 

Nation’’.¿ deemed to be a reference to the ‘‘Confederated Tribes 

and Bands of the Yakama Nation’’. 

SEC. 1205. OPERATION OF YAKIMA BASIN PROJECTS. 

(a) WATER SAVINGS FROM BASIN CONSERVATION PROGRAM.—(1) 

The Basin Conservation Program is intended to result in reductions in water diversions allowing for changes in the present operation of the Yakima Project to improve stream flow conditions in 

the Yakima River basin. Except as provided by paragraph (5) of 

this subsection and section 1209, commencing with the enactment 

of this title, and notwithstanding that anticipated water savings 

are yet to be realized, the Secretary, upon the enactment of this 

title and acting through the Yakima Project øSuperintendent¿ 

Manager, shall (A) continue to estimate the water supply which is 

anticipated to be available to meet water entitlements; and (B) provide instream flows in accordance with the following criteria: 

(2) The initial target flows represent target flows at the respective points. Reasonable fluctuations from these target flows are anticipated in the operation of the Yakima Project, except that for 

any period exceeding 24 hours— 

26 

(A) actual flows at the Sunnyside Diversion Dam may not 

decrease to less than 65 percent of the target flow at the Sunnyside Diversion Dam; and 

(B) actual flows at the Prosser Diversion Dam may not decrease by more than 50 cubic feet per second from the target 

flow. 

(3) The instream flows shall be increased for interim periods during any month of April through October to facilitate when necessary the outward migration of anadromous fish. Increased 

instream flows for such interim periods shall be obtained through 

voluntary sale and leasing of water or water rights or from conservation measures taken under this title. 

(4)(A)(i) Within the three-year period beginning when appropriations are first provided to carry out the Basin Conservation Program, the instream flow goal in the Yakima River is as follows: to 

secure additional water which is to be used for instream flows to 

facilitate meeting recommendations of the System Operations Advisory Committee for øflushing¿ pulse flows or other instream øuses¿ 

uses, in addition to the quantity of water provided under the treaty 

between the Yakama Nation and the United States. 

ø(ii) In addition to any other authority of the Secretary to provide water for flushing flows, the water required to meet the goal 

specified in clause (i) shall be acquired through the voluntary purchase or lease of land, water, or water rights and from the development of additional storage capability at Lake Cle Elum provided for 

in section 1206(a).¿ 

ø(iii)¿ (ii) In addition to water required to meet the instream flow 

goal specified in clause (i), the System Operations Advisory Committee may recommend additional water to meet instream flow 

goals and water rights mandated pursuant to judicial actions. 

(B) After the period referred to in subparagraph (A), such 

instream flow goal is modified as follows: 

(i) The goal increases so that the instream target flows specified 

in the table in paragraph (1) increase by 50 cubic feet per second 

for each 27,000 acre-feet of reduced annual water diversions 

achieved through implementation of measures under the Basin 

Conservation Program in proportion to the funding received. Such 

increases do not apply to actions taken pursuant to section 1204. 

Such increases shall not further diminish the amount of water that 

otherwise would have been delivered by an entity to its water users 

in years of water proration. 

(ii) The goal changes directly with the availability of water resulting from Federal expenditures under this title for purchase or 

lease of water under this title. 

(C) The Yakima Project øSuperintendent¿ Manager shall maintain an account of funded and completed conservation measures 

taken under the Basin Conservation Program. 

(D) No later than March 31 of each calendar year, the Yakima 

Project øSuperintendent¿ Manager shall meet with the State of 

Washington, øYakama Indian¿ Yakama Nation, and Yakima River 

basin irrigators to mutually determine total diversion reductions 

and respective adjustments to the target flows referred to in this 

subsection. The Yakima Project øSuperintendent¿ Manager shall 

announce such adjustments with the announcements of Total 

Water Supply Available. For the purposes of this subparagraph, 

27 

conserved water will be considered available for adjusting target 

flows in the first year following completion of a measure or following a result from the post implementation monitoring and evaluation program, as the case may be. 

(5) Operational procedures and processes in the Yakima River 

basin which have or may be implemented through judicial actions 

shall not be impacted by this title. 

(6)(A) Within three years after the date of enactment of this Act, 

the Secretary shall conduct a study and submit a report with recommendations to the appropriate committees of the Congress on 

whether the water supply available for irrigation is adequate to 

sustain the agricultural economy of the Yakima River basin. 

(B) The target flows provided for under this subsection shall be 

evaluated within three years after the date of enactment of this Act 

by the Systems Operations Advisory Committee for the purpose of 

making a report with recommendations to the Secretary and the 

Congress evaluating what is necessary to have biologically-based 

target flows. 

(C) The recommendations and reports under subparagraphs (A) 

and (B) shall provide a basis for the third phase of the Yakima 

River Basin Water Enhancement Project. 

(b) WATER FROM LAKE CLE ELUM.—Water accruing from the development of additional storage capacity at Lake Cle Elum, made 

available pursuant to the modifications authorized in section 

1206(a), shall not be part of the Yakima River basin’s water supply 

as provided in subsection (a)(1). Water obtained from such development is exclusively dedicated to øinstream flows for use by the 

Yakima Project øSuperintendent¿ Manager as flushing flows or as 

otherwise¿ fishery purposes, as advised by the System Operations 

Advisory Committee. Water may be carried over from year-to-year 

in the additional capacity to the extent that there is space available. Releases may be made from other Yakima Project storage facilities to most effectively utilize this additional water, except that 

water deliveries to holders of existing water rights shall not be impaired. 

(c) STATUS OF BASIN CONSERVATION PROGRAM FACILITIES.— Measures of the Basin Conservation Program which are implemented on facilities currently under the administrative jurisdiction 

of the Secretary, except as provided in section 1204, shall be considered features of the Yakima River Basin Water Enhancement 

Project, and their operation and maintenance shall be integrated 

and coordinated with other features of the existing Yakima Project. 

The responsibility for operation and maintenance and the related 

costs shall remain with the current operating entity. As appropriate, the Secretary shall incorporate the operation and maintenance of such facilities into existing agreements. The Secretary 

shall assure that such facilities are operated in a manner consistent with Federal and State law and in accordance with water 

rights recognized pursuant to State and Federal law. 

(d) WATER ACQUIRED BY PURCHASE AND LEASE.—Water acquired 

from voluntary sellers and lessors shall be administered as a block 

of water separate from the Total Water Supply Available, in accordance with applicable Federal and State law. 

(e) YAKIMA PROJECT PURPOSE.—ø(1) An additional purpose of the 

Yakima Project shall be for fish, wildlife, and recreation.¿ 

28 

(1) IN GENERAL.—Additional purposes of the Yakima Project 

shall be any of the following: 

(A) To recover and maintain self-sustaining harvestable 

populations of native fish, both anadromous and resident 

species, throughout their historic distribution range in the 

Yakima Basin. 

(B) To protect, mitigate, and enhance aquatic life and 

wildlife. 

(C) Recreation. 

(D) Municipal, industrial, and domestic use. 

(2) The existing storage rights of the Yakima Project shall 

include storage for the purposes of fish, wildlife, and recreation. 

(3) The purposes specified in paragraphs (1) and (2) shall not 

impair the operation of the Yakima Project to provide water for 

irrigation purposes nor impact existing contracts. 

SEC. 1206. LAKE CLE ELUM AUTHORIZATION OF APPROPRIATIONS. 

(a) MODIFICATIONS AND IMPROVEMENTS.—There is hereby authorized to be appropriated to the Secretary— 

(1) øat September 1990 prices, plus or minus such amounts 

as may be justified by reason of ordinary fluctuation of applicable indexes, $2,934,000 to—¿ not more than $12,000,000 to— 

(A) modify the radial gates at Cle Elum Dam to provide 

an additional 14,600 acre-feet of storage capacity in Lake 

Cle Elum, 

(B) provide for shoreline protection of Lake Cle Elum, 

and 

(C) construct juvenile fish passage facilities at Cle Elum 

Dam, plus 

(2) such additional amounts as may be necessary which may 

be required for environmental mitigation. 

(b) OPERATION AND MAINTENANCE APPROPRIATIONS.—There is 

hereby authorized to be appropriated to the Secretary such sums 

as may be necessary for that portion of the operation and maintenance of Cle Elum Dam determined by the Secretary to be a Federal responsibility. 

SEC. 1207. ENHANCEMENT OF WATER øSUPPLIES¿ MANAGEMENT FOR 

YAKIMA BASIN TRIBUTARIES. 

(a) GENERAL PROVISIONS.—The following shall be applicable to 

the investigation and implementation of measures to enhance 

water øsupplies¿ management for fish and wildlife and irrigation 

purposes on tributaries of the Yakima River basin: 

(1) An enhancement program authorized by this section undertaken in any tributary shall be contingent upon the agreement of appropriate water right owners and water supply entities to participate. 

(2) The enhancement program authorized by this section 

shall not be construed to affect (A) the water rights of any 

water right owners that choose not to participate or opt out of 

tributary enhancement projects pursuant to this section in the 

tributary or other water delivering entities; (B) the capability 

of nonparticipating tributary water users to divert, convey, and 

apply water; and (C) existing water and land uses within the 

tributary area. 

29 

(3) The water supply for tributary enhancement shall be administered in accordance with applicable State and Federal 

laws. 

(4) Any enhancement program authorized by this section 

shall be predicated upon the availability of a dependable water 

supply. 

(b) øSTUDY.—(1) The Secretary, following consultation with the 

State of Washington, the tributary water right owners, and the 

øYakama Indian¿ Yakama Nation, and agreement of appropriate 

water right owners to participate, shall conduct a study concerning 

the measures that can be implemented to enhance water supplies 

for fish and wildlife and irrigation purposes on Taneum Creek, including (but not limited to)—¿ 

IN GENERAL.—(1) The Secretary, following consultation with the 

State of Washington, tributary water right owners, and the Yakama 

Nation, and on agreement of appropriate water right owners, is authorized to conduct studies to evaluate measures to further Yakima 

Project purposes on tributaries to the Yakima River. Enhancement 

programs that use measures authorized by this subsection may be 

investigated and implemented by the Secretary in tributaries to the 

Yakima River, including Taneum Creek, other areas, or tributary 

basins that currently or could potentially be provided supplemental 

or transfer water by entities, such as the Kittitas Reclamation District or the Yakima-Tieton Irrigation District, subject to the condition that activities may commence on completion of applicable and 

required feasibility studies, environmental reviews, and cost-benefit 

analyses that include favorable recommendations for further project 

development, as appropriate. Measures to evaluate include— 

(A) water use efficiency improvements, including irrigation 

efficiency improvements (in coordination with programs of the 

Department of Agriculture), consolidation of diversions or administration, and diversion scheduling or coordination; 

(B) the conveyance of water from the Yakima Project 

through the facilities of any irrigation entity willing to contract 

with the Secretary without adverse impact to water users; 

(C) improvements in irrigation system management or delivery facilities within the Yakima River basin when those improvements allow for increased irrigation system conveyance 

and corresponding reduction in diversion from tributaries or 

flow enhancements to tributaries through direct flow supplementation or groundwater recharge; 

(D) improvements of irrigation system management or delivery facilities to reduce or eliminate excessively high flows 

caused by the use of natural streams for conveyance or irrigation water or return water; 

ø(C)¿ (E) the construction, operation, and maintenance of 

øground water¿ groundwater recharge and withdrawal facilities; 

ø(D)¿ (F) contracting with any entity that is willing to voluntarily limit or forego present water use through lease or sale 

of water or water rights on a temporary or permanent basis; 

ø(E)¿ (G) purchase or transfer of water rights from willing 

sellers; and 

30 

ø(F)¿ (H) other measures compatible with the purposes of 

this title, including restoration of stream processes and stream 

habitats. 

(2) In conducting øthe Taneum Creek study¿ studies under this 

subsection, the Secretary shall consider— 

(A) the hydrologic and environmental characteristics; 

(B) the engineering øand economic¿, infrastructure, economic, and land use factors relating to each measure; øand¿ 

(C) the potential impacts upon the operations of present 

water users in the tributary and measures to alleviate such 

impactsø.¿; and 

(D) any related studies already underway or undertaken. 

(3) The Secretary shall make available to the public for a 45-day 

comment period a draft report describing in detail the findings, 

conclusions, and recommendations of the study of each tributary or 

group of tributaries. The Secretary shall consider and include any 

comment made in developing a final report. The Secretary’s final 

report shall be submitted to the Committee on Energy and Natural 

Resources of the Senate, the Committee on Natural Resources of 

the House of Representatives, and the Governor of the State of 

Washington, and made available to the public. 

(c) IMPLEMENTATION OF NONSTORAGE AND NONSURFACE STORAGE

MEASURES.—After securing the necessary permits the Secretary 

may, in cooperation with the Department of Ecology of the State 

of Washington and in accordance with the laws of the State of 

Washington, implement nonstorage and nonsurface storage measures identified in the final report under subsection (b) upon fulfillment of the following conditions: 

(1) The Secretary shall enter into an agreement with the appropriate water right owners who are willing to participate, 

the State of Washington, and the øYakama Indian¿ Yakama 

Nation, for the use and management of the water supply to be 

provided by proposed tributary measures pursuant to this section. 

(2) The Secretary and the State of Washington find that the 

implementation of the proposed tributary measures will not 

impair the water rights of any person or entity in the affected 

tributary. 

ø(d) OTHER YAKIMA RIVER BASIN TRIBUTARIES.—Enhancement 

programs similar to the enhancement program authorized by this 

section may be investigated and implemented by the Secretary in 

other tributaries contingent upon the agreement of the appropriate 

tributary water right owners to participate. The provisions set 

forth in this section shall be applicable to such programs.¿ 

ø(e)¿ (d) AUTHORIZATION OF APPROPRIATIONS.—(1) There is hereby authorized to be appropriated to the Secretary $500,000 for the 

study of the Taneum Creek Project and such amount as the Secretary subsequently determines is necessary for implementation of 

tributary measures pursuant to this section. 

(2) There is also authorized to be appropriated to the Secretary 

such funds as are necessary for the investigation and implementation of enhancement programs similar to the enhancement program 

authorized by this section in øother¿ Yakima River basin tributaries contingent upon the agreement of the appropriate water 

right owners and other water supply entities to participate. øFunds 

31 

for the implementation of any such similar enhancement program 

may not be appropriated until after the Secretary submits an investigation report to the appropriate congressional committees.¿ 

SEC. 1208. CHANDLER PUMPING PLANT AND POWERPLANT OPERATIONS AT PROSSER DIVERSION DAM. 

(a) AUTHORIZATION OF APPROPRIATIONS FOR ELECTRIFICATION.— 

In order to provide for electrification to enhance instream flows by 

eliminating the need to divert water to operate the hydraulic turbines which pump water to the Kennewick Irrigation District, there 

is authorized to be appropriated— 

(1) $50,000 to conduct an assessment of opportunities for alternative pumping plant locations; 

(2) $4,000,000 for construction; and 

(3) such sums as may be necessary for the prorata share of 

the operation and maintenance allocated to fish and wildlife as 

determined by the Secretary. 

(b) POWER FOR PROJECT PUMPING.—(1) The Administrator of the 

Bonneville Power Administration shall provide for project power 

needed to effect the electrification as provided in subsection (a). 

(2)(A) There is authorized to be appropriated for the Bureau of 

Reclamation for each fiscal year in which the Administrator provides power under this subsection an amount equal to the cost to 

the Bonneville Power Administration of providing power under this 

subsection during such fiscal year. The rate to be utilized by the 

Administrator in determining the cost of power under this paragraph in a fiscal year shall be the rate for priority firm power 

charged by the Bonneville Power Administration in that fiscal year 

under section 7(b) of the Pacific Northwest Electric Power Planning 

and Conservation Act (16 U.S.C. 839e(b)). 

(B) The Bureau of Reclamation shall, using funds appropriated 

pursuant to the authorization of appropriations in subparagraph 

(A), reimburse the Bonneville Power Administration for the costs of 

the project power provided under this subsection. Such funds shall 

be available for such purpose without fiscal year limitation. 

(c) SUBORDINATION.—Any diversions for hydropower generation 

at the Chandler Powerplant shall be subordinated to meet the flow 

targets determined under subsection (f). 

(d) WATER SUPPLY FOR KENNEWICK IRRIGATION DISTRICT.—The 

Secretary shall ensure that the irrigation water supply for the 

Kennewick Irrigation District shall not be negatively affected by 

conservation, electrification, or subordination pursuant to this title 

and any reduction in its irrigation water supply resulting from conservation measures adopted or implemented by other entities pursuant to this title shall be replaced by water developed through 

subordination, electrification, or a combination of the two. 

(e) TREATMENT OF CERTAIN FUNDS.—Funds appropriated and 

project power provided pursuant to this section shall be nonreimbursable since such funds are used for fish and wildlife purposes 

and such funds are not subject to cost share under section 1203(d). 

(f) TARGET FLOWS.—Target flows measured at appropriate biological and hydrological location or locations shall be determined by 

the Yakima Project øSuperintendent¿ Manager in consultation 

with the System Operations Advisory Committee. 

32 

SEC. 1209. AUGMENTATION OF KACHESS RESERVOIR STORED WATER. 

(a) AUTHORIZATION OF APPROPRIATIONS.—In order to augment 

Kachess Reservoir stored water supplies from flows of Cabin Creek 

and Silver Creek which are excess to system demands, there is authorized to be appropriated— 

(1) such sums as may be necessary to carry out a feasibility 

study, including the benefits, costs, and environmental aspects, 

of the facility described in paragraph (2); 

(2) for the construction of facilities to convey such flows to 

Kachess Reservoir, $20,000,000; and 

(3) such sums as may be necessary for the pro rata share of 

the operation and maintenance allocated to fish and wildlife 

determined by the Secretary. 

(b) LIMITATION.—Construction of the facilities described in subsection (a)(1) is contingent on the completion of the feasibility study 

referred to in subsection (a)(2). 

(c) USE OF ADDITIONAL WATER.—The stored water supply resulting from the construction of facilities under this section shall be 

used by the Secretary to— 

(1) enhance the water supply available to the Kittitas Reclamation District and the Roza Irrigation District in years of 

proration; and 

(2) facilitate reservoir operations in the Easton Dam to 

Keechelus Dam reach of the Yakima River for the propagation 

of anadromous fish. 

(d) TREATMENT OF COSTS.—The construction and operation and 

maintenance costs of the facilities under this section shall be allocated to irrigation and fishery enhancement, as follows: 

(1) The portion of such costs allocated to irrigation is reimbursable, with the construction costs to be paid prior to initiation of construction by the Kittitas Reclamation District and 

the Roza Irrigation District. 

(2) The portion of such costs allocated to fishery enhancement is nonreimbursable. 

(e) KACHESS DAM MODIFICATIONS.—There is authorized to be appropriated $2,000,000 for the modification of the discharge facilities 

of Kachess Dam to improve reservoir operations for anadromous 

fish enhancement. Amounts appropriated under this subsection are 

nonreimbursable. 

SEC. 1210. INTERIM COMPREHENSIVE BASIN OPERATING PLAN. 

(a) DEVELOPMENT.—The Secretary shall, in consultation with the 

State of Washington, øYakama Indian¿ Yakama Nation, Yakima 

River Basin irrigation districts, Bonneville Power Administration, 

and other entities as determined by the Secretary, develop an interim comprehensive operating plan for providing a general framework within which the Yakima Project øSuperintendent¿ Manager 

operates the Yakima Project, including measures implemented 

under the Yakima River Basin Water Enhancement Project, including (but not limited to)— 

(1) operating capability and constraints of the system; 

(2) information on water supply calculations and water 

needs; 

(3) system operations and stream flow objectives; and 

(4) the System Operations Advisory Committee activities. 

33 

(b) PROCESS REQUIREMENTS.—A draft of the interim comprehensive basin operating plan shall be completed within 18 months 

after the completion of the Basin Conservation Plan under section 

1203(f) and, upon completion, published for a 90-day public review 

period. The Secretary shall complete and publish the final interim 

comprehensive operating plan within 90 days after the close of the 

public review period. The Secretary shall update the plan as needed to respond to decisions from water adjudications relating to the 

Yakima River basin. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated ø$100,000¿ $200,000 to carry out this section. 

SEC. 1211. ENVIRONMENTAL COMPLIANCE. 

There are hereby authorized to be appropriated to the Secretary 

ø$2,000,000¿ $5,000,000 for environmental compliance activities including the conduct, in cooperation with the State of Washington, 

of an inventory of wildlife and wetland resources in the Yakima 

River basin and an investigation of measures, including ‘‘wetland 

banking’’, which could be implemented to address potential impacts 

which could result from the activities taken under this title. 

SEC. 1212. SAVINGS AND CONTINGENCIES. 

(a) IN GENERAL.—Nothing in this title shall be construed to— 

(1) affect or modify any treaty or other right of the øYakama 

Indian¿ Yakama Nation; 

(2) authorize the appropriation or use of water by any Federal, State, or local agency, the øYakama Indian¿ Yakama Nation, or any other entity or individual; 

(3) impair the rights or jurisdictions of the United States, the 

States, the øYakama Indian¿ Yakama Nation, or other entities 

over waters of any river or stream or over any ground water 

resource; 

(4) alter, amend, repeal, interpret, modify, or be in conflict 

with any interstate compact made by the States; 

(5) alter, establish, or impair the respective rights of States, 

the United States, the øYakama Indian¿ Yakama Nation, or 

any other entity or individual with respect to any water or 

water-related right; 

(6) alter, diminish, or abridge the rights and obligations of 

any Federal, State, or local agency, the øYakama Indian¿ 

Yakama Nation, or other entity, public or private; 

(7) affect or modify the rights of the øYakama Indian¿ 

Yakama Nation or its successors in interest to, and management and regulation of, those water resources arising or used, 

within the external boundaries of the øYakama Indian¿ 

Yakama Reservation; 

(8) affect or modify the settlement agreement between the 

United States and the State of Washington filed in Yakima 

County Superior Court with regard to Federal reserved water 

rights other than those rights reserved by the United States 

for the benefit of the øYakama Indian¿ Yakama Nation and its 

members; 

(9) affect or modify the rights of any Federal, State, or local 

agency, the øYakama Indian¿ Yakama Nation, or any other 

entity, public or private with respect to any unresolved and unsettled claims in any water right adjudications, or court deciVerDate Sep 11 2014 06:57 Jun 15, 2017 Jkt 069010 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\SR107.XXX SR107
34 

sions, including State against Acquavella, or constitute evidence in any such proceeding in which any water or water related right is adjudicated; or 

(10) preclude other planning studies and projects to accomplish the purposes of this title by other means: funded publicly, 

privately, or by a combination of public and private funding. 

(b) CONTINGENCY BASED ON APPROPRIATIONS.—The performance 

of any activity under this title which requires accomplishment 

within a specified period that may require appropriation of money 

by Congress or the allotment of funds shall be contingent upon 

such appropriation or allotment being made. 

SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE III 

OF YAKIMA RIVER BASIN WATER ENHANCEMENT 

PROJECT. 

(a) INTEGRATED PLAN.— 

(1) IN GENERAL.—The Secretary shall implement the Integrated Plan as Phase III of the Yakima River Basin Water Enhancement Project in accordance with this section and applicable laws. 

(2) INITIAL DEVELOPMENT PHASE OF THE INTEGRATED PLAN.— 

(A) IN GENERAL.—The Secretary, in coordination with the 

State of Washington and Yakama Nation and subject to 

feasibility studies, environmental reviews, and the availability of appropriations, shall implement an initial development phase of the Integrated Plan, to— 

(i) complete the planning, design, and construction or 

development of upstream and downstream fish passage 

facilities, as previously authorized by the Hoover Power 

Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum 

Reservoir and another Yakima Project reservoir identified by the Secretary as consistent with the Integrated 

Plan, subject to the condition that, if the Yakima 

Project reservoir identified by the Secretary contains a 

hydropower project licensed by the Federal Energy Regulatory Commission, the Secretary shall cooperate with 

the Federal Energy Regulatory Commission in a timely 

manner to ensure that actions taken by the Secretary 

are consistent with the applicable hydropower project 

license; 

(ii) negotiate long-term agreements with participating proratable irrigation entities in the Yakima 

Basin and, acting through the Bureau of Reclamation, 

coordinate between Bureaus of the Department of the 

Interior and with the heads of other Federal agencies 

to negotiate agreements concerning leases, easements, 

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

and conditions determined to be necessary to allow for 

the non-Federal financing, construction, operation, and 

maintenance of— 

(I) new facilities needed to access and deliver inactive storage in Lake Kachess for the purpose of 

providing drought relief for irrigation (known as 

the ‘Kachess Drought Relief Pumping Plant’); and 

(II) a conveyance system to allow transfer of 

water between Keechelus Reservoir to Kachess ResVerDate Sep 11 2014 06:57 Jun 15, 2017 Jkt 069010 PO 00000 Frm 00034 Fmt 6659 Sfmt 6603 E:\HR\OC\SR107.XXX SR107
35 

ervoir for purposes of improving operational flexibility for the benefit of both fish and irrigation 

(known as the ‘K to K Pipeline’); 

(iii) participate in, provide funding for, and accept 

non-Federal financing for— 

(I) water conservation projects, not subject to the 

provisions of the Basin Conservation Program described in section 1203, that are intended to partially implement the Integrated Plan by providing 

85,000 acre-feet of conserved water to improve tributary and mainstem stream flow; and 

(II) aquifer storage and recovery projects; 

(iv) study, evaluate, and conduct feasibility analyses 

and environmental reviews of fish passage, water supply (including groundwater and surface water storage), 

conservation, habitat restoration projects, and other alternatives identified as consistent with the purposes of 

this Act, for the initial and future phases of the Integrated Plan; 

(v) coordinate with and assist the State of Washington in implementing a robust water market to enhance water management in the Yakima River basin, 

including— 

(I) assisting in identifying ways to encourage 

and increase the use of, and reduce the barriers to, 

water transfers, leasing, markets, and other voluntary transactions among public and private entities in the Yakima River basin; 

(II) providing technical assistance, including scientific data and market information; and 

(III) negotiating agreements that would facilitate 

voluntary water transfers between entities, including as appropriate, the use of federally managed 

infrastructure; and 

(vi) enter into cooperative agreements with, or, subject to a minimum non-Federal cost-sharing requirement of 50 percent, make grants to, the Yakama Nation, the State of Washington, Yakima River basin irrigation districts, water districts, conservation districts, 

other local governmental entities, nonprofit organizations, and land owners to carry out this title under 

such terms and conditions as the Secretary may require, including the following purposes: 

(I) Land and water transfers, leases, and acquisitions from willing participants, so long as the acquiring entity shall hold title and be responsible 

for any and all required operations, maintenance, 

and management of that land and water. 

(II) To combine or relocate diversion points, remove fish barriers, or for other activities that increase flows or improve habitat in the Yakima 

River and its tributaries in furtherance of this 

title. 

36 

(III) To implement, in partnership with Federal 

and non-Federal entities, projects to enhance the 

health and resilience of the watershed. 

(B) COMMENCEMENT DATE.—The Secretary shall commence implementation of the activities included under the 

initial development phase pursuant to this paragraph— 

(i) on the date of enactment of this section; and 

(ii) on completion of applicable feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for further project development. 

(3) INTERMEDIATE AND FINAL PHASES.— 

(A) IN GENERAL.—The Secretary, in coordination with the 

State of Washington and in consultation with the Yakama 

Nation, shall develop plans for intermediate and final development phases of the Integrated Plan to achieve the purposes of this Act, including conducting applicable feasibility studies, environmental reviews, and other relevant 

studies needed to develop the plans. 

(B) INTERMEDIATE PHASE.—The Secretary shall develop 

an intermediate development phase to implement the Integrated Plan that, subject to authorization and appropriation, would commence not later than 10 years after the date 

of enactment of this section. 

(C) FINAL PHASE.—The Secretary shall develop a final 

development phase to implement the Integrated Plan that, 

subject to authorization and appropriation, would commence not later than 20 years after the date of enactment 

of this section. 

(4) CONTINGENCIES.—The implementation by the Secretary of 

projects and activities identified for implementation under the 

Integrated Plan shall be— 

(A) subject to authorization and appropriation; 

(B) contingent on the completion of applicable feasibility 

studies, environmental reviews, and cost-benefit analyses 

that include favorable recommendations for further project 

development; 

(C) implemented on public review and a determination by 

the Secretary that design, construction, and operation of a 

proposed project or activity is in the best interest of the public; and 

(D) in compliance with all applicable laws, including the 

National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq). 

(5) PROGRESS REPORT.— 

(A) IN GENERAL.—Not later than 5 years after the date of 

enactment of this section, the Secretary, in conjunction with 

the State of Washington and in consultation with the 

Yakama Nation, shall submit to the Committee on Energy 

and Natural Resources of the Senate and the Committee on 

Natural Resources of the House of Representatives a 

progress report on the development and implementation of 

the Integrated Plan. 

37 

(B) REQUIREMENTS.—The progress report under this 

paragraph shall— 

(i) provide a review and reassessment, if needed, of 

the objectives of the Integrated Plan, as applied to all 

elements of the Integrated Plan; 

(ii) assess, through performance metrics developed at 

the initiation of, and measured throughout the implementation of, the Integrated Plan, the degree to which 

the implementation of the initial development phase 

addresses the objectives and all elements of the Integrated Plan; 

(iii) identify the amount of Federal funding and nonFederal contributions received and expended during 

the period covered by the report; 

(iv) describe the pace of project development during 

the period covered by the report; 

(v) identify additional projects and activities proposed for inclusion in any future phase of the Integrated Plan to address the objectives of the Integrated 

Plan, as applied to all elements of the Integrated Plan; 

and 

(vi) for water supply projects— 

(I) provide a preliminary discussion of the 

means by which— 

(aa) water and costs associated with each 

recommended project would be allocated 

among authorized uses; and 

(bb) those allocations would be consistent 

with the objectives of the Integrated Plan; and 

(II) establish a plan for soliciting and formalizing subscriptions among individuals and entities for participation in any of the recommended 

water supply projects that will establish the terms 

for participation, including fiscal obligations associated with subscription. 

(b) FINANCING, CONSTRUCTION, OPERATION, AND MAINTENANCE

OF KACHESS DROUGHT RELIEF PUMPING PLANT AND K TO K PIPE- LINE.— 

(1) AGREEMENTS.—Long-term agreements negotiated between 

the Secretary and participating proratable irrigation entities in 

the Yakima Basin for the non-Federal financing, construction, 

operation, and maintenance of the Drought Relief Pumping 

Plant and K to K Pipeline shall include provisions regarding— 

(A) responsibilities of the participating proratable irrigation entities for the planning, design, and construction of 

infrastructure in consultation and coordination with the 

Secretary; 

(B) property titles and responsibilities of the participating 

proratable irrigation entities for the maintenance of and liability for all infrastructure constructed under this title; 

(C) operation and integration of the projects by the Secretary in the operation of the Yakima Project; 

(D) costs associated with the design, financing, construction, operation, maintenance, and mitigation of projects, 

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38 

imbursable to the participating proratable irrigation entities and the Yakima Project; and 

(E) responsibilities for the pumping and operational costs 

necessary to provide the total water supply available made 

inaccessible due to drought pumping during the preceding 

1 or more calendar years, in the event that the Kachess Reservoir fails to refill as a result of pumping drought storage 

water during the preceding 1 or more calendar years, 

which shall remain the responsibility of the participating 

proratable irrigation entities. 

(2) USE OF KACHESS RESERVOIR STORED WATER.— (A) IN GENERAL.—The additional stored water made 

available by the construction of facilities to access and deliver inactive storage in Kachess Reservoir under subsection 

(a)(2)(A)(ii)(I) shall— 

(i) be considered to be Yakima Project water; 

(ii) not be part of the total water supply available, as 

that term is defined in various court rulings; and 

(iii) be used exclusively by the Secretary— 

(I) to enhance the water supply in years when 

the total water supply available is not sufficient to 

provide 70 percent of proratable entitlements in 

order to make that additional water available up 

to 70 percent of proratable entitlements to the 

Kittitas Reclamation District, the Roza Irrigation 

District, or other proratable irrigation entities participating in the construction, operation, and 

maintenance costs of the facilities under this title 

under such terms and conditions to which the districts may agree, subject to the conditions that— 

(aa) the Bureau of Indian Affairs, the 

Wapato Irrigation Project, and the Yakama 

Nation, on an election to participate, may also 

obtain water from Kachess Reservoir inactive 

storage to enhance applicable existing irrigation water supply in accordance with such 

terms and conditions to which the Bureau of 

Indian Affairs and the Yakama Nation may 

agree; and 

(bb) the additional supply made available 

under this clause shall be available to participating individuals and entities in proportion 

to the proratable entitlements of the participating individuals and entities, or in such 

other proportion as the participating entities 

may agree; and 

(II) to facilitate reservoir operations in the reach 

of the Yakima River between Keechelus Dam and 

Easton Dam for the propagation of anadromous 

fish. 

(B) EFFECT OF PARAGRAPH.—Nothing in this paragraph 

affects (as in existence on the date of enactment of this section) any contract, law (including regulations) relating to 

repayment costs, water right, or Yakama Nation treaty 

right. 

39 

(3) COMMENCEMENT.—The Secretary shall not commence entering into agreements pursuant to subsection (a)(2)(A)(ii) or 

subsection (b)(1) or implementing any activities pursuant to the 

agreements before the date on which— 

(A) all applicable and required feasibility studies, environmental reviews, and cost-benefit analyses have been 

completed and include favorable recommendations for further project development, including an analysis of— 

(i) the impacts of the agreements and activities conducted pursuant to subsection (a)(2)(A)(ii) on adjacent 

communities, including potential fire hazards, water 

access for fire districts, community and homeowner 

wells, future water levels based on projected usage, recreational values, and property values; and 

(ii) specific options and measures for mitigating the 

impacts, as appropriate; 

(B) the Secretary has made the agreements and any applicable project designs, operations plans, and other documents available for public review and comment in the Federal Register for a period of not less than 60 days; and 

(C) the Secretary has made a determination, consistent 

with applicable law, that the agreements and activities to 

which the agreements relate— 

(i) are in the public interest; and 

(ii) could be implemented without significant adverse 

impacts to the environment. 

(4) ELECTRICAL POWER ASSOCIATED WITH KACHESS DROUGHT

RELIEF PUMPING PLANT.— (A) IN GENERAL.—The Administrator of the Bonneville 

Power Administration, pursuant to the Pacific Northwest 

Electric Power Planning and Conservation Act (16 U.S.C. 

839 et seq.), shall provide to the Secretary project power to 

operate the Kachess Pumping Plant constructed under this 

title if inactive storage in Kachess Reservoir is needed to 

provide drought relief for irrigation, subject to the requirements of subparagraphs (B) and (C). 

(B) DETERMINATION.—Power may be provided under subparagraph (A) only if— 

(i) there is in effect a drought declaration issued by 

the State of Washington; 

(ii) there are conditions that have led to 70 percent 

or less water delivery to proratable irrigation districts, 

as determined by the Secretary; and 

(iii) the Secretary determines that it is appropriate to 

provide power under that subparagraph. 

(C) PERIOD OF AVAILABILITY.—Power under subparagraph (A) shall be provided until the date on which the 

Secretary determines that power should no longer be provided under that subparagraph, but for not more than a 1- 

year period or the period during which the Secretary determines that drought mitigation measures are necessary in 

the Yakima River basin. 

(D) RATE.—The Administrator of the Bonneville Power 

Administration shall provide power under subparagraph 

(A) at the then-applicable lowest Bonneville Power AdminVerDate Sep 11 2014 06:57 Jun 15, 2017 Jkt 069010 PO 00000 Frm 00039 Fmt 6659 Sfmt 6603 E:\HR\OC\SR107.XXX SR107
40 

istration rate for public body, cooperative, and Federal 

agency customers firm obligations, which as of the date of 

enactment of this section is the priority firm Tier 1 rate, 

and shall not include any irrigation discount. 

(E) LOCAL PROVIDER.—During any period in which power 

is not being provided under subparagraph (A), the power 

needed to operate the Kachess Pumping Plant shall be obtained by the Secretary from a local provider. 

(F) COSTS.—The cost of power for such pumping, station 

service power, and all costs of transmitting power from the 

Federal Columbia River Power System to the Yakima Enhancement Project pumping facilities shall be borne by irrigation districts receiving the benefits of that water. 

(G) DUTIES OF COMMISSIONER.—The Commissioner of 

Reclamation shall be responsible for arranging transmission for deliveries of Federal power over the Bonneville 

system through applicable tariff and business practice processes of the Bonneville system and for arranging transmission for deliveries of power obtained from a local provider. 

(c) DESIGN AND USE OF GROUNDWATER RECHARGE PROJECTS.— (1) IN GENERAL.—Any water supply that results from an aquifer storage and recovery project shall not be considered to be 

a part of the total water supply available if— 

(A) the water for the aquifer storage and recovery project 

would not be available for use, but instead for the development of the project; 

(B) the aquifer storage and recovery project will not otherwise impair any water supply available for any individual or entity entitled to use the total water supply available; and 

(C) the development of the aquifer storage and recovery 

project will not impair fish or other aquatic life in any localized stream reach. 

(2) PROJECT TYPES.—The Secretary may provide technical assistance for, and participate in, any of the following 3 types of 

groundwater recharge projects (including the incorporation of 

groundwater recharge projects into Yakima Project operations, 

as appropriate): 

(A) Aquifer recharge projects designed to redistribute 

Yakima Project water within a water year for the purposes 

of supplementing stream flow during the irrigation season, 

particularly during storage control, subject to the condition 

that if such a project is designed to supplement a mainstem 

reach, the water supply that results from the project shall 

be credited to instream flow targets, in lieu of using the 

total water supply available to meet those targets. 

(B) Aquifer storage and recovery projects that are designed, within a given water year or over multiple water 

years— 

(i) to supplement or mitigate for municipal uses; 

(ii) to supplement municipal supply in a subsurface 

aquifer; or 

(iii) to mitigate the effect of groundwater use on 

instream flow or senior water rights. 

41 

(C) Aquifer storage and recovery projects designed to supplement existing irrigation water supply, or to store water 

in subsurface aquifers, for use by the Kittitas Reclamation 

District, the Roza Irrigation District, or any other proratable irrigation entity participating in the repayment of the 

construction, operation, and maintenance costs of the facilities under this section during years in which the total 

water supply available is insufficient to provide to those 

proratable irrigation entities all water to which the entities 

are entitled, subject to the conditions that— 

(i) the Bureau of Indian Affairs, the Wapato Irrigation Project, and the Yakama Nation, on an election to 

participate, may also obtain water from aquifer storage 

to enhance applicable existing irrigation water supply 

in accordance with such terms and conditions to which 

the Bureau of Indian Affairs and the Yakama Nation 

may agree; and 

(ii) nothing in this subparagraph affects (as in existence on the date of enactment of this section) any contract, law (including regulations) relating to repayment 

costs, water right, or Yakama Nation treaty right. 

(d) FEDERAL COST-SHARE.— 

(1) IN GENERAL.—The Federal cost-share of a project carried 

out under this section shall be determined in accordance with 

the applicable laws (including regulations) and policies of the 

Bureau of Reclamation. 

(2) INITIAL PHASE.—The Federal cost-share for the initial development phase of the Integrated Plan shall not exceed 50 percent of the total cost of the initial development phase. 

(3) STATE AND OTHER CONTRIBUTIONS.—The Secretary 

may accept as part of the non-Federal cost-share of a 

project carried out under this section, and expend as if appropriated, any contribution (including in-kind services) by 

the State of Washington or any other individual or entity 

that the Secretary determines will enhance the conduct and 

completion of the project. 

(4) LIMITATION ON USE OF OTHER FEDERAL FUNDS.—Except as 

otherwise provided in this title, other Federal funds may not be 

used to provide the non-Federal cost-share of a project carried 

out under this section. 

(e) SAVINGS AND CONTINGENCIES.—Nothing in this section shall— 

(1) be a new or supplemental benefit for purposes of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.); 

(2) affect any contract in existence on the date of enactment 

of the Yakima River Basin Water Enhancement Project Phase 

III Act of 2015 that was executed pursuant to the reclamation 

laws; 

(3) affect any contract or agreement between the Bureau of Indian Affairs and the Bureau of Reclamation; 

(4) affect, waive, abrogate, diminish, define, or interpret the 

treaty between the Yakama Nation and the United States; or 

(5) constrain the continued authority of the Secretary to provide fish passage in the Yakima Basin in accordance with the 

Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.). 

42 

SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES. 

The Secretary shall retain authority and discretion over the management of project supplies to optimize operational use and flexibility to ensure compliance with all applicable Federal and State 

laws, treaty rights of the Yakama Nation, and legal obligations, including those contained in this Act. That authority and discretion 

includes the ability of the United States to store, deliver, conserve, 

and reuse water supplies deriving from projects authorized under 

this title. 

* * * * * * * 

Æ