Union Calendar No. 467

104TH CONGRESS

2D SESSION H. R. 2392

[Report No. 104–860]

A BILL

To amend the Umatilla Basin Project Act to estabUmatilla Basin, and for other purposes. lish boundaries for irrigation districts within the

SEPTEMBER 28, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 467

104TH CONGRESS

2D SESSION H. R. 2392

[Report No. 104–860]

To amend the Umatilla Basin Project Act to establish boundaries for

irrigation districts within the Umatilla Basin, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 1995

Mr. COOLEY introduced the following bill; which was referred to the

Committee on Resources

SEPTEMBER 28, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on September 21, 1995]

A BILL

To amend the Umatilla Basin Project Act to establish boundaries for irrigation districts within the Umatilla Basin,

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited to as the ‘‘Umatilla Basin

3 Project Completion Act’’.

4 SEC. 2. AUTHORITY TO COMPLETE THIRD PHASE OF

5 UMATILLA BASIN PROJECT.

6 The Umatilla Basin Project Act (102 Stat. 2791) is

7 amended by adding at the end the following new sections:

8 ‘‘SEC. 215. UMATILLA BASIN PROJECT PHASE III EXCHANGE.

9 ‘‘(a) AUTHORIZATION OF PROJECT CONSTRUCTION.—

10 (1) Effective upon the boundary adjustments under section

11 216(a), the Secretary is authorized to construct a third and

12 final phase of the Umatilla Basin Project to provide addi13 tional flows in the Umatilla River for anadromous fish

14 through a water exchange with Westland Irrigation Dis15 trict.

16 ‘‘(2) Prior to construction, the Secretary shall complete

17 a feasibility study to identify alternatives to provide

18 Westland Irrigation District and other Umatilla River

19 Basin water users with exchange flows of approximately

20 220 cubic feet per second to restore the Umatilla River fish21 ery, as determined through analysis in a feasibility study

22 under paragraph (3).

23 ‘‘(3)(A) The feasibility study for the Phase III ex24 change facilities shall examine engineering, environmental,

25 and economic factors associated with project alternatives,

26 including but not limited to: technical engineering and hy-
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1 drologic analyses pertinent to the identification and design

2 of alternatives; biological analyses of instream flow levels

3 to optimize anadromous fish restoration; and assessment of

4 the best biological value per unit expenditure among the al5 ternatives.

6 ‘‘(B) The feasibility study shall also include an analy7 sis of inclusion of other irrigators in the exchange; consoli8 dation of irrigation delivery facilities; potential for vol9 untary water transfers; optimization of water delivery

10 scheduling for all four irrigation districts; appropriate

11 backup systems; water conservation opportunities; and such

12 other analyses as the Secretary may consider appropriate

13 to improve the exchange project for fishery restoration pur14 poses.

15 ‘‘(4) Prior to completion of Phase III facilities, the

16 Secretary shall negotiate and execute an exchange agree17 ment with the Westland Irrigation District to allow the use

18 of Columbia River water in exchange for an equivalent

19 amount of Umatilla River or McKay Reservoir water. Ad20 ditional exchange agreements with other water users may

21 be executed either before or after the completion of Phase

22 III. The exchange agreement shall incorporate water deliv23 ery scheduling optimization, conservation, water transfer,

24 and other technical operational measures recommended in

25 the feasibility study.
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1 ‘‘(b) OPERATION AND MAINTENANCE COSTS.—All ex2 change system operation and maintenance costs and any

3 increased operation and maintenance costs to the project

4 caused by the Phase III exchange shall be the responsibility

5 of the Federal Government and shall be nonreimbursable.

6 ‘‘(c) POWER FOR PROJECT PUMPING.—The Adminis7 trator of the Bonneville Power Administration (hereinafter

8 in this subsection referred to as the ‘Administrator’), con9 sistent with provisions of the Columbia River Basin Fish

10 and Wildlife Program established pursuant to the Pacific

11 Northwest Electric Power Planning and Conservation Act

12 (94 Stat. 2697), shall provide for project power needed to

13 effect the Phase III water exchange for purposes of mitigat14 ing anadromous fishery impacts. The cost of power shall

15 be calculated as an offset to the Administrator’s annual

16 Treasury payments for operation and maintenance of the

17 Federal Columbia River Power System.

18 ‘‘(d) INTEGRATION AND COORDINATION OF FACILI19 TIES.—Project facilities authorized by sections 215 through

20 219 shall be integrated and coordinated into the existing

21 Umatilla Basin Project.

22 ‘‘SEC. 216. UMATILLA BASIN IRRIGATION DISTRICTS

23 BOUNDARY ADJUSTMENT.

24 ‘‘(a) IN GENERAL.—(1) Effective upon completion of

25 environmental reviews and approval by the Secretary, the
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1 boundaries of the Umatilla Basin Project irrigation dis2 tricts are adjusted by operation of law as follows:

3 ‘‘(A) Hermiston Irrigation District’s boundaries

4 are adjusted to include the 1,091 acres identified in

5 its 1993 request to the Bureau of Reclamation.

6 ‘‘(B) Stanfield Irrigation District’s boundaries

7 are adjusted to include the 3,549 acres identified in

8 its 1993 request to the Bureau of Reclamation.

9 ‘‘(C) West Extension Irrigation District’s bound10 aries are adjusted to include the 2,436.8 acres identi11 fied in the June 1993 Bureau of Reclamation Land

12 Classification Report as irrigable.

13 ‘‘(D) Westland Irrigation District’s boundaries

14 are adjusted to include the 9,912 acres identified in

15 its 1993 request to the Bureau of Reclamation.

16 ‘‘(2) The Secretary shall complete environmental re17 views pursuant to this subsection no later than 6 months

18 after the date of enactment of the Umatilla Basin Project

19 Completion Act and at no cost to the Umatilla Basin

20 Project irrigation districts.

21 ‘‘(b) PROVISION OF MCKAY RESERVOIR WATER FOR

22 ENVIRONMENTAL ENHANCEMENT.—(1) After the boundary

23 adjustments under subsection (a), the Umatilla Basin

24 Project irrigation districts shall provide water for environ25 mental enhancement from McKay Reservoir to the Sec-
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1 retary in accordance with Option A or Option B, as speci2 fied by the Secretary.

3 ‘‘(2)(A)(i) Under Option A, the irrigation dis4 tricts shall provide storage capacity from McKay Res5 ervoir for environmental enhancement purposes each

6 year equal the applicable amount stated in clause

7 (ii), or the corresponding percentage of fill as deter8 mined by the Bureau of Reclamation, whichever is

9 less.

10 ‘‘(ii) The applicable amounts referred to in

11 clause (i) are the following:

12 ‘‘(I) In 1997, 6,500 acre feet.

13 ‘‘(II) In 1998, 5,500 acre feet.

14 ‘‘(III) In 1999, 4,500 acre feet.

15 ‘‘(IV) In 2000, 3,500 acre feet.

16 ‘‘(V) In 2001, 3,000 acre feet.

17 ‘‘(VI) In 2002, 3,000 acre feet.

18 ‘‘(B) Under Option B, the irrigation districts

19 shall provide storage capacity from McKay Reservoir

20 for environmental enhancement purposes, equal to

21 6,500 acre feet of water or the corresponding percent22 age of fill as determined by the Bureau of Reclama23 tion, whichever is less, in each calendar year begin24 ning in 1997 and ending in the year 2002: Provided,

25 That the Secretary grant $300,000 by March 1st of
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1 each calendar year 1997 through 2002 to the

2 Westland Irrigation District of the Umatilla Project

3 for water district improvements or other uses deemed

4 appropriate by the District: Provided further, if the

5 Secretary fails to grant the $300,000 by March 1st

6 in any calendar year between 1997 and 2002 for pur7 poses of this subsection the District is not required

8 to provide any water for that calendar year.

9 ‘‘(C) Not later than 9 months after the date of enact10 ment of the Umatilla Basin Project Completion Act, the

11 Secretary shall specify Option A or Option B and notify

12 the Umatilla Basin Project irrigation districts of that speci13 fication.

14 ‘‘(c) REQUIREMENTS FOR RECEIVING PROJECT

15 WATER.—Notwithstanding any other provision of this title,

16 no parcel may receive Umatilla Basin Project water unless

17 it has a valid State water right and is classified as irrigable

18 in the Bureau of Reclamation’s Land Classification Report.

19 ‘‘(d) PROVISION OF DESCRIPTION OF BOUNDARIES.—

20 A legal description of the irrigation district boundaries as

21 adjusted under subsection (a), including land classification

22 and project boundary maps, shall be provided as an attach23 ment to all 4 Umatilla Basin Project irrigation districts’

24 existing contracts.
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1 ‘‘(e) LIMITATION ON ALTERING ABILITY TO PAY DE2 TERMINATION.—No alteration in the ability to pay deter3 mination for the Umatilla Basin Project irrigation districts

4 may be made as a result of the irrigation district boundary

5 adjustments made by subsection (a).

6 ‘‘SEC. 217. WATER PROTECTION AND MANAGEMENT.

7 ‘‘The Secretary, in cooperation with the Confederated

8 Tribes of the Umatilla Indian Reservation (hereinafter in

9 this section referred to as the ‘Tribes’), shall initiate discus10 sions with the State of Oregon (hereinafter in this section

11 referred to as the ‘State’) regarding the Tribes’ water claims

12 and other water needs in the Umatilla River Basin. To fa13 cilitate these discussions of water claims, the Secretary shall

14 do the following:

15 ‘‘(1) The Secretary, taking into account the fa16 cilities and analyses authorized by sections 215

17 through 219, shall work with the State, the Tribes, ir18 rigation districts, the Bonneville Power Administra19 tion, and the affected public to develop a water man20 agement plan for the Umatilla River Basin. The plan

21 shall address restoration of the Umatilla River Basin

22 anadromous fishery. The Secretary shall also develop

23 an integrated ground water/surface water model of the

24 Upper Umatilla River Basin.
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1 ‘‘(2) Within 2 years after the date of enactment

2 of the Umatilla Basin Project Completion Act, the

3 Secretary shall report to the Committee on Energy

4 and Natural Resources of the Senate and the Commit5 tee on Resources of the House of Representatives on

6 the progress of—

7 ‘‘(A) the facilities authorized by sections

8 215 through 219 of this title;

9 ‘‘(B) the water management plan;

10 ‘‘(C) the ground water/surface water model;

11 and

12 ‘‘(D) the status of discussions of tribal

13 water claims in the Umatilla River Basin.

14 ‘‘SEC. 218. JOINT WATER SUPPLY SYSTEM.

15 ‘‘Effective upon the boundary adjustments under sec16 tion 216(a), the Secretary is authorized to contract with

17 the Tribes for the construction of a portion of an off-stream

18 storage reservoir of approximately 10,000 acre-feet capac19 ity, with associated works. Such authorization shall not in20 clude water treatment facilities. Such reservoir is to be lo21 cated on or adjacent to the Tribes’ reservation in Oregon:

22 Provided, That:

23 ‘‘(1) The Secretary can demonstrate through ap24 propriate feasibility level planning and environ25 mental studies that the facility can be built in a
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1 manner which conforms to all applicable Federal,

2 State, and Tribal laws and that the project siting and

3 construction minimizes any adverse effects on the

4 Umatilla River fishery.

5 ‘‘(2) Diversions for storage will not reduce

6 Umatilla River flows below the levels necessary to re7 store and support the Umatilla River anadromous

8 fishery. In diverting water for storage and operation

9 of the reservoir, the Tribes and the city of Pendleton

10 (hereinafter in this section referred to as the ‘City’)

11 may agree to higher levels of protection of instream

12 flows. The reservoir shall be filled only during periods

13 of high flow, and in such a manner as to preserve the

14 ecological value of high flow events in the Umatilla

15 River, as determined by Federal, State, and tribal

16 fishery experts.

17 ‘‘(3) The City agrees to provide up to

18 $16,000,000 (in addition to the $6,500,000 authorized

19 by section 219(4)) for the tribal share of feasibility

20 level planning and environmental studies and to con21 struct the reservoir and associated works provided for

22 by this title. Any cost overruns beyond the

23 $22,500,000 estimated for the reservoir and associated

24 works authorized by this section and section 219(4)

25 shall be allocated 70 percent to the City and 30 per-
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1 cent to the Tribes, unless they mutually agree other2 wise.

3 ‘‘(4) The City, subject to applicable Federal,

4 State, and tribal laws, shall use all of its water rights

5 to the Umatilla River and its tributaries with prior6 ity dates after January 1, 1910, including those

7 rights identified in Oregon Regulatory Statute

8 538.450, for instream flow purposes to improve the

9 Umatilla River anadromous fishery, provided that

10 adequate water from the reservoir project is available

11 for municipal use.

12 ‘‘(5) The City and the Tribes will share all oper13 ation and maintenance costs on a pro rata basis, de14 termined by the amount of water in the reservoir re15 served for each government’s use, unless the City and

16 the Tribes mutually agree to an alternative cost allo17 cation.

18 ‘‘(6) Title to the reservoir facility will be held

19 jointly in the name of the City and the United States,

20 in trust for the Tribes. The Secretary may negotiate

21 a contract transferring operation and maintenance

22 responsibility to either the Tribes or the City, pursu23 ant to all applicable State, Federal, and tribal law.

24 ‘‘(7) The Secretary may direct that funds au25 thorized under this section be contracted to the Tribes,
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1 under the Indian Self-Determination and Education

2 Assistance Act (25 U.S.C. 450 et seq.).

3 ‘‘SEC. 219. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘Effective upon the boundary adjustments under sec5 tion 216(a), there are authorized to be appropriated to the

6 Secretary, plus or minus such amounts as may be justified

7 by reason of ordinary fluctuations of applicable cost in8 dexes, the following sums, without fiscal year limitation:

9 ‘‘(1) Not to exceed $64,000,000 for feasibility

10 studies, environmental studies, and construction of

11 the Phase III Exchange: Provided, That all costs of

12 Phase III planning and construction, including oper13 ation and maintenance costs allocated to the mitiga14 tion of anadromous fish species and the study author15 ized by section 215 of this Act, shall be nonreimburs16 able: Provided further, That not more than 25 percent

17 of the amount appropriated under this paragraph

18 may be expended for administrative overhead costs.

19 ‘‘(2) Not to exceed $500,000 for tribal water

20 claims discussions, a water management plan, and

21 an integrated ground water/surface water model, as

22 provided for in section 217(a).

23 ‘‘(3) Not to exceed $400,000 annually for enforce24 ment and protection of Phases I, II, and III exchange

25 water for instream uses.
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1 ‘‘(4) Not to exceed $6,500,000 for feasibility stud2 ies, environmental studies, and construction of the

3 Tribes’ portion of an off-stream storage reservoir and

4 associated works, as authorized in section 218 of this

5 title.’’.

6 SEC. 3. WATER RIGHTS.

7 In relation to the Umatilla Basin Project, nothing in

8 this Act shall—

9 (1) impair the validity of or preempt any provi10 sion of State law with respect to water or water

11 rights, or of any interstate compact governing water

12 or water rights;

13 (2) create a right to the diversion or use of

14 water, other than—

15 (A) as established pursuant to the sub16 stantive and procedural requirements of State

17 law; and

18 (B) as recognized under State law;

19 (3) impair any valid water right;

20 (4) establish or create any water rights for any

21 party; or

22 (5) be construed to create directly or indirectly

23 an express or implied Federal reserved water right for

24 any purpose.
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1 SEC. 4. SENSE OF THE CONGRESS.

2 It is the sense and expectation of the Congress that con3 struction and operation of Phase III, the perpetual oper4 ation of the integrated Umatilla Basin Project, and the con5 struction and operation of the Joint Water Supply System,

6 as authorized in section 218 of the Umatilla Basin Project

7 Act, will fulfill obligations of the Federal Government to

8 provide the Confederated Tribes of the Umatilla Indian

9 Reservation with water for fishery purposes in the Umatilla

10 River below the mouth of McKay Creek, as recognized by

11 their 1855 treaty with the United States.