PUBLIC LAW 106–498—NOV. 9, 2000 114 STAT. 2221

Public Law 106–498

106th Congress

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Klamath Basin Water Supply

Enhancement Act of 2000’’.

SEC. 2. AUTHORIZATION TO CONDUCT FEASIBILITY STUDIES.

In order to help meet the growing water needs in the Klamath

River Basin, to improve water quality, to facilitate the efforts of

the State of Oregon to resolve water rights claims in the Upper

Klamath River Basin including facilitation of Klamath tribal water

rights claims, and to reduce conflicts over water between the Upper

and Lower Klamath Basins, the Secretary of the Interior (hereafter

referred to as the ‘‘Secretary’’) is authorized and directed, in consultation with affected State, local and tribal interests, stakeholder

groups and the interested public, to engage in feasibility studies

of the following proposals related to the Upper Klamath Basin

and the Klamath Project, a Federal reclamation project in Oregon

and California:

(1) Increasing the storage capacity, and/or the yield of

the Klamath Project facilities while improving water quality,

consistent with the protection of fish and wildlife.

(2) The potential for development of additional Klamath

Basin groundwater supplies to improve water quantity and

quality, including the effect of such groundwater development

on nonproject lands, groundwater and surface water supplies,

and fish and wildlife.

(3) The potential for further innovations in the use of

existing water resources, or market-based approaches, in order

to meet growing water needs consistent with State water law.

SEC. 3. ADDITIONAL STUDIES.

(a) NONPROJECT LANDS.—The Secretary may enter into an

agreement with the Oregon Department of Water Resources to

fund studies relating to the water supply needs of nonproject lands

in the Upper Klamath Basin.

(b) SURVEYS.—To further the purposes of this Act, the Secretary

is authorized to compile information on native fish species in the

Upper Klamath River Basin, upstream of Upper Klamath Lake.

Klamath Basin

Water Supply

Enhancement

Act of 2000.

Nov. 9, 2000

[S. 2882]

114 STAT. 2222 PUBLIC LAW 106–498—NOV. 9, 2000

LEGISLATIVE HISTORY—S. 2882:

SENATE REPORTS: No. 106–489 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 13, considered and passed Senate.

Oct. 23, considered and passed House.

Æ

Wherever possible, the Secretary should use data already developed

by Federal agencies and other stakeholders in the Basin.

(c) HYDROLOGIC STUDIES.—The Secretary is directed to complete

ongoing hydrologic surveys in the Klamath River Basin currently

being conducted by the United States Geological Survey.

(d) REPORTING REQUIREMENTS.—The Secretary shall submit the

findings of the studies conducted under section 2 and section 3(a)

of this Act to the Congress within 90 days of each study’s completion, together with any recommendations for projects.

SEC. 4. LIMITATION.

Activities funded under this Act shall not be considered a

supplemental or additional benefit under the Act of June 17, 1902

(82 Stat. 388) and all Acts amendatory thereof or supplementary

thereto.

SEC. 5. WATER RIGHTS

Nothing in this Act shall be construed to—

(1) create, by implication or otherwise, any reserved water

right or other right to the use of water;

(2) invalidate, preempt, or create any exception to State

water law or an interstate compact governing water;

(3) alter the rights of any State to any appropriated share

of the waters of any body or surface or groundwater, whether

determined by past or future interstate compacts or by past

or future legislative or final judicial allocations;

(4) preempt or modify any State or Federal law or interstate

compact dealing with water quality or disposal; or

(5) confer upon any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any

groundwater resources.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized such sums as necessary to carry out

the purposes of this Act. Activities conducted under this Act shall

be nonreimbursable and nonreturnable.

Approved November 9, 2000.

Deadline.