39–010 

Calendar No. 512 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–225 

CROOKED RIVER COLLABORATIVE WATER SECURITY ACT 

JULY 31, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1771] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1771) to amend the Wild and Scenic Rivers Act 

to adjust the Crooked River boundary, to provide water certainty 

for the City of Prineville, Oregon, 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. 1771 is to amend the Wild and Scenic Rivers 

Act to adjust the Crooked River boundary and to provide water certainty to the City of Prineville, Oregon, other water users, and fish 

and wildlife. 

BACKGROUND AND NEED

The Arthur R. Bowman Dam, administered by the Bureau of 

Reclamation as part of the Crooked River Project, is located in central Oregon on the Crooked River about 20 miles upstream from 

the City of Prineville. The Prineville Reservoir associated with the 

dam has a capacity of 150,200 acre feet. Releases from the dam 

provide water for irrigated agriculture. The dam, initially authorized as a part of the Crooked River Project by the Act of August 

6, 1956 (70 Stat. 1058; chapter 980; 73 Stat. 554; 78 Stat. 954) has 

as its authorized purposes irrigation and flood control. Agricultural 

water users have contracted for approximately half of the water in 

storage. In addition to providing water supplies for agriculture, the 

project has typically provided releases from the approximately 


jbell on DSK4SPTVN1PROD with REPORTS
2 

60,000 to 80,000 acre feet of uncontracted water for downstream 

fish and wildlife in any given year. 

The water supply of Prineville, located in Crook County, Oregon, 

is insufficient to meet current and future demands. State law prohibits the City from drawing additional groundwater from its existing wells without mitigation. The City seeks to contract for water 

from Bowman Dam which would remain as instream flows to serve 

as mitigation for groundwater pumping. However, municipal and 

industrial water supply is not currently an authorized purpose for 

the Bowman Dam. 

An eight-mile segment of the Lower Crooked River near 

Prineville was designated as a Wild and Scenic River in 1988. 

When the Wild and Scenic River boundary was finalized administratively, the centerline of Bowman Dam was used as the upstream 

terminus of the designation. Having this man-made feature as the 

terminus of the wild and scenic river segment has proven difficult 

from a management standpoint, and precludes the siting of any hydroelectric generation facility. 

LEGISLATIVE HISTORY

Senators Merkley and Wyden introduced S. 1771 on November 

11, 2013. A companion measure, H.R. 2640, was introduced by Congressman Walden on July 10, 2013. H.R. 2640 was reported by the 

House Committee on Natural Resources on August 10, 2013 (H. 

Rept. 113–224). The House passed the bill by voice vote on October 

29, 2013. The bill was received by the Senate on October 30, 2013, 

and referred to the Senate Committee on Energy and Natural Resources. The Subcommittee on Water and Power held a hearing on 

S. 1771 (S. Hrg. 113–284) on February 27, 2014. At its business 

meeting on June 18, 2014, the Senate Energy and Natural Resources Committee ordered S. 1771 favorably reported without 

amendment. 

In the 112th Congress, Senators Merkley and Wyden introduced 

similar legislation, S. 3483. The Subcommittee on Water and Power 

held a hearing on August 19, 2012 (S. Hrg. 112–624). 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Senate Committee on Energy and Natural Resources, in 

open business session on June 18, 2014, by a roll call vote of 12– 

10, recommends that the Senate pass S. 1771. The roll call vote on 

reporting the measure was 12 yeas, 10 nays as follows: 

YEAS NAYS 

Ms. Landrieu Ms. Murkowski 

Mr. Wyden Mr. Barrasso 

Mr. Johnson* Mr. Risch 

Ms. Cantwell Mr. Lee* 

Mr. Sanders Mr. Heller 

Ms. Stabenow Mr. Flake 

Mr. Udall* Mr. Scott* 

Mr. Schatz* Mr. Alexander* 

Mr. Franken Mr. Portman 

Mr. Manchin Mr. Hoeven 


jbell on DSK4SPTVN1PROD with REPORTS
3 

Mr. Heinrich 

Ms. Baldwin 

* Indicates a vote by proxy. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides a short title. 

Section 2 amends section 3(a) of the Wild and Scenic Rivers Act 

(16 U.S.C. 1274(a)). Subsection (a) designates the Crooked River as 

the 14.75-mile segment from the National Grassland boundary to 

Dry Creek, comprised of the 7-mile segment from the National 

Grassland boundary to River Mile 8 south of Opal Spring and the 

7.75-mile segment from a point 1/4-mile downstream from the center crest of Bowman Dam. 

Subsection (b) requires applicants for hydropower development licenses to consult with the Bureau of Land Management to analyze 

and minimize any anticipated impacts to the scenic, recreational, 

and fishery resource values of the Crooked River along this 1⁄4-mile 

segment below Bowman Dam, and to ensure that they not impede 

the free-flowing nature of the Crooked River. 

Section 3 amends section 4 of the Act of August 6, 1956 (70 Stat. 

1058; 73 Stat. 554; 78 Stat. 954) to allow the annual release of 

5,100 acre-feet of water from the project to serve as mitigation for 

the City of Prineville groundwater pumping. Additional quantities 

of water may be added at the request of the City of Prineville, consistent with the National Environmental Policy Act of 1969, the 

Endangered Species Act of 1973 and other applicable Federal laws. 

This section stipulates that the City of Prineville enter into contracts for any water released from Prineville reservoir for mitigation of municipal groundwater pumping by the City of Prineville. 

Section 4 amends the Crooked River Federal reclamation project 

(70 Stat. 1058; chapter 980; 73 Stat. 554; 78 Stat. 954) to add four 

new sections. New section 6 requires the Secretary of the Interior 

to, on a ‘‘first fill’’ priority basis, store in and release from the 

Prineville Reservoir water to fulfill specified contracts, and additional water shall be carried over to the subsequent year. New section 7 authorizes the Secretary to store in and release from the 

Prineville Reservoir all remaining stored water quantities for the 

benefit of downstream fish and wildlife, according to applicable law 

and to a specified annual release schedule. New section 8 requires 

the Commissioner of Reclamation to project reservoir water levels 

and make these projections available to the public, the National 

Marine Fisheries Service, and the United States Fish and Wildlife 

Service. New section 9 states that, except as otherwise provided in 

this Act, nothing in this Act modifies existing contracts or Federal 

or Oregon State law. 

Section 5(a) allows landowners within the Ochoco Irrigation District, Oregon to repay construction costs at any time and ensures 

that the land shall not be subject to the ownership and full-cost 

pricing limitations of Federal reclamation law. 

Subsection (b) requires the Secretary of Interior to provide certification upon request by a landowner who has repaid in full. 

Subsection (c) amends reclamation contracts with the district to 

authorize the use of water for instream purposes, include within 

the district boundary 2,742 acres in the vicinity of McKay Creek, 


jbell on DSK4SPTVN1PROD with REPORTS
4 

classify as irrigable 685 acres within this included land and authorize the receipt of irrigation water there from the Prineville Reservoir. 

Subsection (d) states that, except as otherwise provided in this 

section, nothing in this section modifies existing contracts or Federal or Oregon State law. 

Section 6(a) requires the Bureau of Reclamation to participate in 

dry-year management planning meetings with interested stakeholders. 

Subsection (b) requires the Bureau of Reclamation to develop a 

dry-year management plan in coordination with these stakeholders 

that consists only of recommended strategies that the irrigation 

districts and other Bureau of Reclamation contract holders voluntarily agree to implement. 

Subsection (c) allows the Secretary to release any remaining 

quantity of water not contracted with the Bureau of Reclamation. 

Section 7 states that nothing in this Act provides to the Secretary the authority to store and release the ‘‘first fill’’ quantities 

for any purposes other than the purposes as provided in that section, alters any responsibilities under Oregon State law or Federal 

law, or alters the authorized purposes of the Crooked River Project. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1771—Crooked River Collaborative Water Security Act of 2013 

S. 1771 would modify features of the Crooked River Project located in central Oregon and prioritize how water from the project 

would be allocated for different uses. Based on information from 

the Bureau of Reclamation, CBO estimates that enacting S. 1771 

would increase offsetting receipts (which are treated as reductions 

in direct spending) by $1 million over the 2014–2024 period; therefore, pay-as-you-go procedures apply. The legislation would not affect revenues or spending subject to appropriation. 

The main features of the Crooked River Project include the Bowman Dam, the Prineville Reservoir. and the Ochoco Dam and Reservoir located in the Ochoco Irrigation District. Enacting two provisions of S. 1771 would reduce direct spending over the next 10 

years. Those provisions would: • Require the city of Prineville to pay the Bureau of Reclamation for 5,100 acre feet of water to be released annually 

from the Prineville Reservoir. Based on information from the 

bureau, CBO estimates that those payments would amount to 

$1 million over the 2015–2024 period; and • Authorize landowners in the Ochoco Irrigation District to 

prepay certain construction costs of the Crooked River Project. 

Those landowners currently owe the bureau $270,000, and 

CBO estimates that if they exercised the prepayment option 

under the bill net receipts to the government would increase 

by less than $8,000 over the 2015–2024 period. 

CBO estimates that implementing other provisions of the bill 

would have no significant effect on the federal budget. 

S. 1771 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 


jbell on DSK4SPTVN1PROD with REPORTS
5 

impose no costs on state, local, or tribal governments. Public entities, such as local governments and irrigation districts, would benefit from greater access to federal water resources and the development of hydropower. Any costs to those entities would be incurred 

as conditions of federal aid. 

On August 2, 2013, CBO transmitted a cost estimate for H.R. 

2640, the Central Oregon Jobs and Water Security Act, as ordered 

reported by the House Committee on Natural Resources on July 24, 

2013. The two pieces of legislation are similar and CBO’s estimates 

of their costs are the same. 

The CBO staff contacts for this estimate are Aurora Swanson (for 

federal costs) and Jon Sperl (for the state and local impact). The 

estimate was approved by Theresa Gullo, 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. 1771. 

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 could 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. 1771, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

This bill, as 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

The testimony provided by the Bureau of Reclamation at the 

Subcommittee on Water and Power hearing on S. 1771 follows: 

STATEMENT OF ROBERT QUINT, SENIOR ADVISOR, BUREAU

OF RECLAMATION, DEPARTMENT OF THE INTERIOR

Chairman Schatz and members of the Subcommittee, I 

am Bob Quint, Senior Advisor at the Bureau of Reclamation (Reclamation). I am pleased to provide the views of 

the Department of the Interior (Department) on S. 1771, 

the Crooked River Collaborative Water Security Act of 

2013. The provisions of S. 1771 address the Crooked River 

Wild and Scenic River designation along with water supply 

concerns relating to Reclamation’s Crooked River Project. 

The Department supports the goals of correcting the 

Wild and Scenic River boundary near Bowman Dam and 

improving Reclamation project operations, where possible, 

to further enhance water use and availability. We also recognize refinements made since similar companion legislation was heard in the House in June of last year. We beVerDate Mar 15 2010 04:54 Aug 05, 2014 Jkt 039010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR225.XXX SR225

jbell on DSK4SPTVN1PROD with REPORTS
6 

lieve that some of the provisions of S. 1771 will advance 

the goal of water security on the Crooked River, and we 

offer the following recommendations for improvements to 

the bill. If the changes summarized below are incorporated 

to the bill, the Department can support S. 1771. 

S. 1771 includes seven sections which address: the Wild 

and Scenic River designation near Bowman Dam; water 

supply for the City of Prineville; first fill protection for 

water in Prineville Reservoir; operating requirements ‘‘for 

the benefit of downstream fish and wildlife’’; repayment 

contract provisions for the Ochoco Irrigation District (District); requirements that Reclamation participate in ‘‘dryyear management planning meetings’’; and savings clause 

language clarifying the bill’s effect on existing law. This 

statement summarizes the Department’s interest in the 

most significant provisions of each section. 

An eight-mile segment of the Lower Crooked River near 

Prineville, Oregon was designated as a National Wild and 

Scenic River in 1988 with enactment of the Omnibus Oregon Wild and Scenic Rivers Act (Public Law 100–557). 

The Lower Crooked River meanders through canyons of 

deeply eroded basalt and banks covered with riparian 

vegetation. A variety of wildlife including river otters, beaver, great blue herons and mule deer inhabit the corridor. 

A wide-range of recreation opportunities are available 

along the Lower Crooked River including native trout fishing, camping, hiking and boating. 

When the Wild and Scenic River boundary was administratively finalized for this section of the Crooked River, the 

centerline of Bowman Dam was used as the upstream terminus of the designation. However, the placement of the 

beginning of the designation within this man-made feature 

is both counterintuitive and cumbersome to administer. 

Section 2 of S. 1771 addresses this by moving that upper 

limit of the designated river one-quarter mile downstream. 

The Department of the Interior supports the proposed 

modification of the boundary as a reasonable solution consistent with the original intent of the Wild and Scenic designation. The Department is willing to work with the 

Sponsor and the Committee to determine the exact placement of the new boundary. Clearly the dam and related facilities were never intended to be included within the wild 

and scenic river designation. 

Section 3 of S. 1771 amends the Act of August 6, 1956 

(70 Stat. 1058), by requiring releases to serve as mitigation for groundwater pumping by the City of Prineville. 

The Department does not oppose the concept of providing 

releases to mitigate for municipal use of groundwater. We 

believe the bill’s language of ‘‘without further action by the 

Secretary . . .’’ and its references to applicable Bureau of 

Reclamation policies, directives and standards to be contradictory and subject to interpretation as to the need for 

NEPA compliance and a contract. We recommend deleting 

the words ‘‘Without further action by the Secretary of the 

Interior, beginning on the date of enactment of the CrookVerDate Mar 15 2010 04:54 Aug 05, 2014 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR225.XXX SR225

jbell on DSK4SPTVN1PROD with REPORTS
7 

ed River Collaborative Water Security Act of 2013’’ and replacing it with, ‘‘Upon passage of the Crooked River Collaborative Water Security Act of 2013, the Secretary of the 

Interior is authorized to contract with the City of 

Prineville for up to 5,100 acre-feet of water in Prineville 

Reservoir and upon receipt of required payments may release such water on an annual basis to serve as mitigation 

. . .’’ 

An additional concern with S. 1771 is the bill’s statement that ‘‘the Secretary may contract exclusively with the 

City of Prineville for additional quantities of water, at the 

request of the City of Prineville.’’ This language would 

preferentially benefit the City of Prineville and appears to 

close the door to any potential future irrigation or municipal water contractors of the Crooked River Project 

(Project). 

FIRST FILL STORAGE AND RELEASE

Section 4 of S. 1771 also proposes an entirely new addition to the 1956 Act. The proposed addition would provide 

existing contractors and others with a ‘‘first fill’’ priority 

basis, rather than the current situation where both contracted and uncontracted storage space in Prineville Reservoir fill simultaneously. While this provision is not likely 

to have any immediate effect, it is possible under the proposed first fill priority system that in very dry water years 

the last fill entity could be shorted. Also, the additional 

quantity of water reserved for the City of Prineville is not 

addressed in this section, and Reclamation interprets the 

bill such that any future quantities of water made available to the City (beyond the 5,100 acre feet) will not be 

subject to first fill protection and may affect the use of 

water for the benefit of downstream fish and wildlife. 

STORAGE AND RELEASE OF REMAINING STORED WATER

QUANTITIES

The Department supports the concept of providing some 

of the now uncontracted space in the reservoir for fish and 

wildlife purposes. However, the inserted Section 7(a) requirements to release all remaining stored water quantities for the benefit of downstream fish and wildlife will 

prevent Reclamation from issuing new contracts. 

We note that the bill’s language also inserts a Section 

7(b) into the 1956 Act which would require that if a consultation under the Endangered Species Act or an order of 

a court requires releases of stored water from Prineville 

Reservoir for fish and wildlife, the Secretary shall use 

uncontracted stored water. Reclamation would interpret 

this provision to set a new precedent in legislatively prescribing operation of the Crooked River Project. Reclamation interprets this section as altering but not eliminating 

agency discretion with respect to contract water supplies, 

therefore, sufficient discretion would remain with respect 

to the operation of the Project to warrant consultation 

under Section 7(a)(2) of the Endangered Species Act. The 


jbell on DSK4SPTVN1PROD with REPORTS
8 

limit of Reclamation’s discretion is not entirely clear, and 

could be subject to contrary interpretations. 

S. 1771 adds a Section 7 (c) to the 1956 Act, requiring 

the development of ‘‘annual release schedules’’ to maximize 

biological benefit for downstream fish and wildlife. This 

subsection also requires consideration of guidance provided 

on the annual release schedule by the Warm Springs Reservation of Oregon and the State of Oregon and an opportunity for comment and advice on the annual release 

schedules by the U.S. Fish and Wildlife Service and the 

National Marine Fisheries Service. As in past versions of 

this bill, Reclamation notes a potential for conflict if the 

federal, state and tribal management priorities are not 

aligned. Likewise, the limitation of the use of the reservoir 

for downstream resources, could cause similar problems if 

a species were to be listed in or above the Reservoir. As 

drafted however, Reclamation would interpret the amended Section 7(c) as not to alter Reclamation’s obligations 

under Section 7(a)(2) of the Endangered Species Act. 

Section 5 of S. 1771 would provide for early repayment 

of project construction costs by landowners within the District and the District’s participation in conserved water 

projects of the State of Oregon. The Department fully supports these objectives and has no concerns regarding corresponding language in the bill. 

The Department also supports the McKay Creek Exchange Project which has been the subject of periodic discussions between the District and Reclamation and which 

would provide enhanced instream flows in McKay Creek in 

exchange for water from a portion of the uncontracted 

water supply from Prineville Reservoir. 

The Department does not see the need for language in 

Section 6 of S. 1771 requiring that Reclamation participate 

in ‘‘Dry Year Management Planning’’ meetings and develop 

a Dry Year Management Plan. Reclamation already has 

standing authority to provide technical and planning assistance to state, local and tribal government entities 

under Title II of the Reclamation States Emergency 

Drought Relief Act (PL 102–250 as amended). This planning authority does not expire, and is not subject to a 

standing drought declaration being in place in the area of 

interest. The Drought Act authority is sufficiently broad to 

cover the topic areas proscribed in Section 6 of S. 1771, 

without creating a new Congressional reporting burden on 

the Department. However, if this language remains, we 

suggest deleting at the end of Section 6(c), ‘‘with the voluntary agreement of North Unit Irrigation District and 

other Bureau of Reclamation contract holders referred to 

in that paragraph, the Secretary may release that quantity 

of water for the benefit of downstream fish and wildlife as 

described in section 7 of that Act.’’ This language limits 

Reclamation’s authority and creates a burdensome requirement that could more efficiently be addressed by requiring 

entities to contact Reclamation prior to June 1 of any year 

or the water will be released downstream. 


jbell on DSK4SPTVN1PROD with REPORTS
9 

While the Department supports the goals of S. 1771, we 

believe that the bill would benefit from changes as outlined here. This concludes my written statement. I am 

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 bill S. 

1771, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is in 

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

in roman): 

WILD AND SCENIC RIVERS ACT 

Public Law 90–542 as amended 

AN ACT To provide a National Wild and Scenic Rivers System, and for other 

purposes 

* * * * * * * 

SEC. 3. (a) The following rivers and the land adjacent thereto are 

hereby designated as components of the national wild and scenic 

rivers system: 

* * * * * * * 

(72) CROOKED, OREGON.— (A) IN GENERAL.—The 14.75-mile segment from the National Grassland boundary to Dry Creek, to be administered by the Secretary of the Interior in the following classes: 

(i) The 7-mile segment from the National Grassland 

boundary to River Mile 8 south of Opal Spring, as a 

recreational river. 

(ii) The 7.75-mile segment from a point 1⁄4-mile 

downstream from the center crest of Bowman Dam, as 

a recreational river. 

(B) HYDROPOWER.—In any license application relating to 

hydropower development (including turbines and appurtenant facilities) at Bowman Dam, the applicant, in consultation with the Director of the Bureau of Land Management, shall— 

(i) analyze any impacts to the scenic, recreational, 

and fishery resource values of the Crooked River from 

the center crest of Bowman Dam to a point 1⁄4-mile 

downstream that may be caused by the proposed hydropower development, including the future need to undertake routine and emergency repairs; 

(ii) propose measures to minimize and mitigate any 

impacts analyzed under clause (i); and 

(iii) propose designs and measures to ensure that any 

access facilities associated with hydropower development at Bowman Dam shall not impede the free-flowing nature of the Crooked River below Bowman Dam. 

* * * * * * * 


jbell on DSK4SPTVN1PROD with REPORTS
10 

ACT OF AUGUST 6, 1956 

Public Law 992; Chapter 980 as amended 

AN ACT To authorize construction by the Secretary of the Interior of the Crooked 

River Federal reclamation project, Oregon 

* * * * * * * 

SEC. 4. In order to promote the preservation and propagation of 

fish and wildlife in accordance with section 2 of the Act of August 

14, 1946 (60 Stat. 1080, 16 U.S.C., sec. 661a), an appropriate 

screen and fish ladder shall be provided at the diversion canal 

headworks of the Crooked River project below Prineville Reservoir 

and a minimum release of ten cubic feet per second shall be maintained from said reservoir for the benefit of downstream fishlife 

øduring those months when there is no other discharge therefrom, 

but this release may be reduced for brief temporary periods by the 

Secretary whenever he may find that release of the full ten cubic 

feet per second is harmful to the primary purpose of the project¿. 

Without further action by the Secretary of the Interior, beginning on 

the date of enactment of the Crooked River Collaborative Water Security Act of 2013, 5,100 acre-feet of water shall be annually released from the project to serve as mitigation for City of Prineville 

groundwater pumping, pursuant to and in a manner consistent 

with Oregon State law, including any shaping of the release of the 

water. The City of Prineville shall make payments to the Secretary 

for the water, in accordance with applicable Bureau of Reclamation 

policies, directives, and standards. Consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable Federal laws, the Secretary may contract exclusively with the 

City of Prineville for additional quantities of water, at the request 

of the City of Prineville. 

* * * * * * * 

SEC. 6. FIRST FILL STORAGE AND RELEASE. 

(a) IN GENERAL.—Other than the 10 cubic feet per second release 

provided for in section 4, and subject to compliance with the flood 

curve requirements of the Corps of Engineers, the Secretary shall, 

on a ‘‘first fill’’ priority basis, store in and when called for in any 

year release from Prineville Reservoir, whether from carryover, 

infill, or a combination of both, the following: 

(1) 68,273 acre-feet of water annually to fulfill all 16 Bureau 

of Reclamation contracts existing as of January 1, 2011. 

(2) Not more than 2,740 acre-feet of water annually to supply 

the McKay Creek land, in accordance with section 5 of the 

Crooked River Collaborative Water Security Act of 2013. 

(3) 10,000 acre-feet of water annually, to be made available 

first to the North Unit Irrigation District, and subsequently to 

any other holders of Reclamation contracts existing as of January 1, 2011 (in that order), pursuant to Temporary Water Service Contracts, on the request of the North Unit Irrigation District or the contract holders, consistent with the same terms and 

conditions as prior such contracts between the Bureau of Reclamation and District or contract holders, as applicable. 


jbell on DSK4SPTVN1PROD with REPORTS
11 

(4) 5,100 acre-feet of water annually to mitigate the City of 

Prineville groundwater pumping under section 4, with the release of this water to occur not based on an annual call, but 

instead pursuant to section 4 and the release schedule developed pursuant to section 7(c). 

(b) CARRYOVER.—Except for water that may be called for and released after the end of the irrigation season (either as City of 

Prineville groundwater pumping mitigation or as a voluntary release, in accordance with section 4 of this Act and section 6(c) of the 

Crooked River Collaborative Water Security Act of 2013, respectively), any water stored under this section that is not called for and 

released by the end of the irrigation season in a given year shall 

be— 

(1) carried over to the subsequent water year, which, for accounting purposes, shall be considered to be the 1–year period 

beginning October 1 and ending September 30, consistent with 

Oregon State law; and 

(2) accounted for as part of the ‘‘first fill’’ storage quantities 

of the subsequent water year, but not to exceed the maximum 

‘‘first fill’’ storage quantities described in subsection (a). 

SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER QUANTITIES. 

(a) AUTHORIZATION.— (1) IN GENERAL.—Other than the quantities provided for in 

section 4 and the ‘‘first fill’’ quantities provided for in section 

6, and subject to compliance with the flood curve requirements 

of the Corps of Engineers, the Secretary shall store in and release from Prineville Reservoir all remaining stored water 

quantities for the benefit of downstream fish and wildlife. 

(2) REQUIREMENT.—The Secretary shall release the remaining 

stored water quantities under paragraph (1) consistent with 

subsection (c). 

(b) APPLICABLE LAW.—If a consultation under the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.) or an order of a court 

in a proceeding under that Act requires releases of stored water 

from Prineville Reservoir for fish and wildlife downstream of Bowman Dam, the Secretary shall use uncontracted stored water. 

(c) ANNUAL RELEASE SCHEDULE.— 

(1) IN GENERAL.—The Commissioner of Reclamation shall develop annual release schedules for the remaining stored water 

quantities in subsection (a) and the water serving as mitigation 

for City of Prineville groundwater pumping pursuant to section 

4. 

(2) GUIDANCE.—To the maximum extent practicable and unless otherwise prohibited by law, the Commissioner of Reclamation shall develop and implement the annual release schedules 

consistent with the guidance provided by the Confederated 

Tribes of the Warm Springs Reservation of Oregon and the 

State of Oregon to maximize biological benefit for downstream 

fish and wildlife, after taking into consideration multiyear 

water needs of downstream fish and wildlife. 

(3) COMMENTS FROM FEDERAL FISH MANAGEMENT AGENCIES.—The National Marine Fisheries Service and the United 

States Fish and Wildlife Service shall have the opportunity to 

provide advice with respect to, and comment on, the annual reVerDate Mar 15 2010 04:54 Aug 05, 2014 Jkt 039010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\SR225.XXX SR225

jbell on DSK4SPTVN1PROD with REPORTS
12 

lease schedule developed by the Commissioner of Reclamation 

under this subsection. 

(d) REQUIRED COORDINATION.—The Commissioner of Reclamation 

shall perform traditional and routine activities in a manner that coordinates with the efforts of the Confederated Tribes of the Warm 

Springs Reservation of Oregon and the State of Oregon to monitor 

and request adjustments to releases for downstream fish and wildlife on an in-season basis as the Confederated Tribes of the Warm 

Springs Reservation of Oregon and the State of Oregon determine 

downstream fish and wildlife needs require. 

(e) CARRYOVER.— (1) IN GENERAL.—Any water stored under subsection (a) in 1 

water year that is not released during the water year— 

(A) shall be carried over to the subsequent water year; 

and 

(B)(i) may be released for downstream fish and wildlife 

resources, consistent with subsections (c) and (d), until the 

reservoir reaches maximum capacity in the subsequent 

water year; and 

(ii) once the reservoir reaches maximum capacity under 

clause (i), shall be credited to the ‘‘first fill’’ storage quantities, but not to exceed the maximum ‘‘first fill’’ storage 

quantities described in section 6(a). 

(f) EFFECT.—Nothing in this section affects the authority of the 

Commissioner of Reclamation to perform all other traditional and 

routine activities of the Commissioner of Reclamation. 

SEC. 8. RESERVOIR LEVELS. 

The Commissioner of Reclamation shall— 

(1) project reservoir water levels over the course of the year; 

and 

(2) make the projections under paragraph (1) available to— 

(A) the public (including fisheries groups, recreation interests, and municipal and irrigation stakeholders); 

(B) the Director of the National Marine Fisheries Service; 

and 

(C) the Director of the United States Fish and Wildlife 

Service. 

SEC. 9. EFFECT. 

Except as otherwise provided in this Act, nothing in this Act— 

(1) modifies contractual rights that may exist between contractors and the United States under Reclamation contracts; 

(2) amends or reopens contracts referred to in paragraph (1); 

or 

(3) modifies any rights, obligations, or requirements that may 

be provided or governed by Federal or Oregon State law. 

Æ 


jbell on DSK4SPTVN1PROD with REPORTS