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[Senate Report 113-225]
[From the U.S. Government Publishing Office]

                                                       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 
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
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, 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 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 believe 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 ``dry-year 
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 Crooked 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 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.
    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.

           *       *       *       *       *       *       *

                         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 [during 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.
          (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 release 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.

                                  
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