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106TH CONGRESS

2D SESSION H. R. 4984

To authorize the Bureau of Reclamation to conduct certain feasibility studies

to augment water supplies for the Klamath Project, Oregon and California, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 2000

Mr. WALDEN of Oregon (for himself and Mr. HERGER introduced the

following bill; which was referred to the Committee on Resources

A BILL

To authorize the Bureau of Reclamation to conduct certain

feasibility studies to augment water supplies for the

Klamath Project, Oregon and California, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Klamath Project

5 Water Supply Enhancement Act’’.
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1 SEC. 2. AUTHORIZATION TO CONDUCT FEASIBILITY STUD2 IES.

3 The Secretary of the Interior, acting through the Bu4 reau of Reclamation, may conduct feasibility studies of the

5 following proposals related to the Klamath Project, a Fed6 eral reclamation project in Oregon and California:

7 (1) Increasing the storage capacity or the yield

8 (or both) of Klamath Project facilities, including the

9 Gerber Reservoir, Upper Klamath Lake, and Clear

10 Lake.

11 (2) The potential for development of additional

12 Klamath Basin groundwater supplies, including the

13 effect of such groundwater development on ground14 water and surface water supplies.

15 SEC. 3. CONSTRUCTION AUTHORITY.

16 (a) IN GENERAL.—Upon completion of the applicable

17 feasibility study under section 2, the Secretary, subject to

18 subsection (b), may carry out projects to construct modi19 fications to existing facilities and develop groundwater

20 supplies to implement the proposals referred to in sub21 section (a).

22 (b) LIMITATION ON OBLIGATIONS.—The Secretary

23 shall not obligate funds for such a project until—

24 (1) the requirements of applicable Federal laws,

25 including the National Environmental Policy Act of

26 1969, have been met; and
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1 (2) the applicable feasibility study has been pre2 pared and submitted to the Congress for a period of

3 not less than 90 days.

4 (c) PROJECTS NOT AUTHORIZED FOR CONSTRUC5 TION.—Any projects, other than the modifications of exist6 ing facilities and the development of groundwater supplies

7 meeting the criteria of subsections (a) and (b), not other8 wise authorized under the Act of June 17, 1902, and Acts

9 supplementary thereto and amendatory thereof, must have

10 a separate construction authorization.

11 SEC. 4. WATER RIGHTS.

12 Nothing in this Act shall be construed to—

13 (1) invalidate or preempt State water law or an

14 interstate compact governing water;

15 (2) alter the rights of any State to any appro16 priated share of the waters of any body or surface

17 or groundwater, whether determined by past or fu18 ture interstate compacts or by past or future legisla19 tive or final judicial allocations;

20 (3) preempt or modify any State or Federal law

21 or interstate compact dealing with water quality or

22 disposal; or
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1 (4) confer upon any non-Federal entity the au2 thority to exercise any Federal right to the waters

3 of any stream or to any groundwater resources.

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