I 

115TH CONGRESS 

1ST SESSION H. R. 4329 

To amend the Klamath Basin Water Supply Enhancement Act of 2000 

to improve infrastructure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 9, 2017 

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

Committee on Natural Resources 

A BILL 

To amend the Klamath Basin Water Supply Enhancement 

Act of 2000 to improve infrastructure, 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 Infrastruc5 ture Improvement Act’’. 

6 SEC. 2. KLAMATH PROJECT. 

7 (a) ADDRESSING WATER MANAGEMENT AND POWER

8 COSTS FOR IRRIGATION.—The Klamath Basin Water 

9 Supply Enhancement Act of 2000 (Public Law 106–114; 

10 Stat. 2221) is amended— 


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1 (1) by redesignating sections 4 through 6 as 

2 sections 5 through 7, respectively; and 

3 (2) by inserting after section 3 the following: 

4 ‘‘SEC. 4. POWER AND WATER MANAGEMENT. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) COVERED POWER USE.—The term ‘covered 

7 power use’ means a use of power to develop or man8 age water from any source for irrigation, wildlife 

9 purposes, or drainage on land that is— 

10 ‘‘(A) associated with the Klamath Project, 

11 including land within a unit of the National 

12 Wildlife Refuge System that receives water due 

13 to the operation of Klamath Project facilities; 

14 or 

15 ‘‘(B) irrigated by the class of users covered 

16 by the agreement dated April 30, 1956, be17 tween the California Oregon Power Company 

18 and Klamath Basin Water Users Protective As19 sociation and within the Off Project Area (as 

20 defined in the Upper Basin Comprehensive 

21 Agreement entered into on April 18, 2014), 

22 only if each applicable owner and holder of a 

23 possessory interest of the land is a party to that 

24 agreement (or a successor agreement that the 


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1 Secretary determines provides a comparable 

2 benefit to the United States). 

3 ‘‘(2) KLAMATH PROJECT.— 

4 ‘‘(A) IN GENERAL.—The term ‘Klamath 

5 Project’ means the Bureau of Reclamation 

6 project in the States of California and Oregon. 

7 ‘‘(B) INCLUSIONS.—The term ‘Klamath 

8 Project’ includes any dams, canals, and other 

9 works and interests for water diversion, storage, 

10 delivery, and drainage, flood control, and simi11 lar functions that are part of the project de12 scribed in subparagraph (A). 

13 ‘‘(3) LAND ASSOCIATED WITH THE KLAMATH

14 PROJECT.—The term ‘land associated with the 

15 Klamath Project’ means any land that receives or 

16 has received water diverted or stored by Klamath 

17 Project facilities for all or part of its water supply. 

18 ‘‘(4) POWER COST BENCHMARK.—The term 

19 ‘power cost benchmark’ means the average net deliv20 ered cost of power for irrigation and drainage at 

21 Reclamation projects in the area surrounding the 

22 Klamath Project that are similarly situated to the 

23 Klamath Project, including Reclamation projects 

24 that— 


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1 ‘‘(A) are located in the Pacific Northwest; 

2 and 

3 ‘‘(B) receive project-use power. 

4 ‘‘(b) WATER, ENVIRONMENTAL, AND POWER ACTIVI5 TIES.— 

6 ‘‘(1) IN GENERAL.—Pursuant to the reclama7 tion laws and subject to appropriations and required 

8 environmental reviews, the Secretary may carry out 

9 activities, including entering into contracts or mak10 ing financial assistance available through cooperative 

11 agreements or otherwise— 

12 ‘‘(A) to plan, implement, and administer 

13 programs to align water supplies and demand 

14 for irrigation water users associated with the 

15 Klamath Project, with a primary emphasis on 

16 programs developed or endorsed by local enti17 ties comprised of representatives of those water 

18 users; 

19 ‘‘(B) to plan and implement activities and 

20 projects that— 

21 ‘‘(i) avoid or mitigate environmental 

22 effects of irrigation activities; or 

23 ‘‘(ii) restore habitats in the Klamath 

24 Basin watershed, including restoring tribal 

25 fishery resources held in trust; and 


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1 ‘‘(C) to limit the net delivered cost of 

2 power for covered power uses. 

3 ‘‘(2) EFFECT.—Nothing in subparagraph (A) 

4 or (B) of paragraph (1) authorizes the Secretary— 

5 ‘‘(A) to develop or construct new facilities 

6 for the Klamath Project without appropriate 

7 approval from Congress under section 9 of the 

8 Reclamation Projects Act of 1939 (43 U.S.C. 

9 485h); or 

10 ‘‘(B) to carry out activities that have not 

11 otherwise been authorized. 

12 ‘‘(c) REDUCING POWER COSTS.— 

13 ‘‘(1) IN GENERAL.—Not later than 180 days 

14 after the date of the enactment of the Klamath In15 frastructure Improvement Act, the Secretary, in con16 sultation with interested irrigation interests that are 

17 eligible for covered power use and representative or18 ganizations of those interests, shall submit to the 

19 Committee on Energy and Natural Resources of the 

20 Senate and the Committee on Natural Resources of 

21 the House of Representatives a report that— 

22 ‘‘(A) identifies the power cost benchmark; 

23 and 

24 ‘‘(B) recommends actions, excluding direct 

25 payments to persons making covered power uses 


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1 or to other entities for purposes of subsidizing 

2 power rates that, in the judgment of the Sec3 retary, are necessary and appropriate to ensure 

4 that the net delivered power cost for covered 

5 power use is equal to or less than the power 

6 cost benchmark, including a description of— 

7 ‘‘(i) actions to immediately reduce 

8 power costs and to have the net delivered 

9 power cost for covered power use be equal 

10 to or less than the power cost benchmark 

11 in the near term, while longer-term actions 

12 are being implemented; 

13 ‘‘(ii) to the extent actions involving 

14 the development or acquisition of power 

15 generation are included, actions that 

16 prioritize renewable energy technologies 

17 (including hydropower) and regional eco18 nomic development; 

19 ‘‘(iii) the potential costs and timeline 

20 for the actions recommended under this 

21 subparagraph; 

22 ‘‘(iv) provisions for modifying the ac23 tions and timeline to adapt to new infor24 mation or circumstances; and 


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1 ‘‘(v) a description of public input re2 garding the proposed actions, including 

3 input from water users that have covered 

4 power use and the degree to which those 

5 water users concur with the recommenda6 tions. 

7 ‘‘(2) IMPLEMENTATION.—Not later than 180 

8 days after the date of submission of the report 

9 under paragraph (1), the Secretary shall implement 

10 those recommendations described in the report that 

11 the Secretary determines will ensure that the net de12 livered power cost for covered power use is equal to 

13 or less than the power cost benchmark, subject to 

14 availability of appropriations, on the fastest prac15 ticable timeline both as to near-term actions and 

16 longer term actions. Implementation shall continue 

17 consistent with the report and any updates to the re18 port developed under paragraph (3). 

19 ‘‘(3) SUBSEQUENT REPORTS.—The Secretary 

20 shall submit to each Committee described in para21 graph (1) reports describing progress achieved in 

22 meeting the requirements of this subsection, and any 

23 modifications or updates to the actions developed 

24 under subsection (c)(1)(B). The reports shall be sub25 mitted annually in each of the four years following 


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1 submission of the report under paragraph (1) and 

2 triennially thereafter. 

3 ‘‘(d) TREATMENT OF POWER PURCHASES.— 

4 ‘‘(1) IN GENERAL.—Any purchase of power by 

5 the Secretary from the Bonneville Power Adminis6 tration under this section shall be considered to be 

7 an authorized sale for purposes of section 5(b)(3) of 

8 the Pacific Northwest Electric Power Planning and 

9 Conservation Act (16 U.S.C. 839c(b)(3)). 

10 ‘‘(2) EFFECT.—Nothing in this section author11 izes a sale of power from the Federal Columbia 

12 River Power System at rates, terms, or conditions 

13 better than those afforded preference customers of 

14 the Bonneville Power Administration. 

15 ‘‘(e) GOALS.—The goals of activities under sub16 sections (b) and (c) shall include, as applicable— 

17 ‘‘(1) the short-term and long-term reduction 

18 and resolution of conflicts relating to water in the 

19 Klamath Basin watershed; and 

20 ‘‘(2) compatibility and utility for protecting nat21 ural resources throughout the Klamath Basin water22 shed, including the protection, preservation, and res23 toration of Klamath River tribal fishery resources, 

24 particularly through collaboratively developed agree25 ments. 


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1 ‘‘(f) PUMPING PLANT D.—The Secretary may enter 

2 into one or more agreements with the Tulelake Irrigation 

3 District to reimburse the Tulelake Irrigation District for 

4 not more than 69 percent of the cost incurred by the 

5 Tulelake Irrigation District for the operation and mainte6 nance of Pumping Plant D, on the condition that the cost 

7 benefits the United States. 

8 ‘‘(g) KENO AND LINK RIVER DAMS.—The Secretary 

9 is authorized and directed to comply with, and adhere to 

10 the terms of, Attachment A to the 2016 Klamath Power 

11 and Facilities Agreement.’’. 

12 (b) CONVEYANCE OF NON-PROJECT WATER; RE13 PLACEMENT OF C CANAL.— 

14 (1) DEFINITION OF KLAMATH PROJECT.—In 

15 this subsection: 

16 (A) IN GENERAL.—The term ‘‘Klamath 

17 Project’’ means the Bureau of Reclamation 

18 project in the States of California and Oregon. 

19 (B) INCLUSIONS.—The term ‘‘Klamath 

20 Project’’ includes any dams, canals, and other 

21 works and interests for water diversion, storage, 

22 delivery, and drainage, flood control, and simi23 lar functions that are part of the project de24 scribed in subparagraph (A). 

25 (2) CONVEYANCE OF NON-PROJECT WATER.— 


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1 (A) IN GENERAL.—An entity operating 

2 under a contract entered into with the United 

3 States for the operation and maintenance of 

4 Klamath Project works or facilities, and an en5 tity operating any work or facility not owned by 

6 the United States that receives Klamath Project 

7 water, may without further Federal contract, 

8 permit, or other authorization, use any of the 

9 Klamath Project works or facilities to convey 

10 non-Klamath Project water for any authorized 

11 purpose of the Klamath Project, subject to sub12 paragraphs (B) and (C). 

13 (B) PERMITS; MEASUREMENT.—An addi14 tion, conveyance, and use of water pursuant to 

15 subparagraph (A) shall be subject to the re16 quirements that— 

17 (i) the applicable entity shall secure 

18 all permits required under State or local 

19 laws; and 

20 (ii) all water delivered into, or taken 

21 out of, a Klamath Project facility pursuant 

22 to that subparagraph shall be measured. 

23 (C) EFFECT.—A use of non-Klamath 

24 Project water under this paragraph shall not— 


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1 (i) adversely affect the delivery of 

2 water to any water user or land served by 

3 the Klamath Project; or 

4 (ii) result in any additional cost to the 

5 United States. 

6 (3) REPLACEMENT OF C CANAL FLUME.—The 

7 replacement of the C Canal flume within the Klam8 ath Project shall be considered to be, and shall re9 ceive the treatment authorized for, qualified emer10 gency extraordinary operation and maintenance 

11 work in accordance with Federal reclamation law 

12 (the Act of June 17, 1902 (32 Stat. 388, chapter 

13 1093), and Acts supplemental to and amendatory of 

14 that Act (43 U.S.C. 371 et seq.)). Accordingly, upon 

15 request from Klamath Irrigation District, the Sec16 retary of the Interior shall, within 180 days of such 

17 request, enter into a contract with Klamath Irriga18 tion District, amendatory of contract No. 16–WC– 

19 20–4838, providing that 35 percent of the total Re20 payment Obligation is non-reimbursable and the re21 maining 65 percent of the total Repayment Obliga22 tion shall be repaid over a period of 50 years. Al23 though the Secretary of the Interior shall not condi24 tion its agreement to the amendatory contract upon 

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1 clude, but is not required to include, other terms 

2 that are no less favorable to the contractor than 16– 

3 WC–20–4838. 

4 (c) ADMINISTRATION.— 

5 (1) COMPLIANCE.—In implementing this sec6 tion and the amendments made by this section, the 

7 Secretary shall comply with— 

8 (A) the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.); 

10 (B) the Endangered Species Act of 1973 

11 (16 U.S.C. 1531 et seq.); and 

12 (C) all other applicable laws. 

13 (2) EFFECT.—Nothing in this section— 

14 (A) modifies the authorities or obligations 

15 of the United States with respect to the tribal 

16 trust and treaty obligations of the United 

17 States; 

18 (B) creates or determines water rights or 

19 affects water rights or water right claims in ex20 istence on the date of the enactment of this 

21 Act; or 

22 (C) authorizes the use of Federal funds for 

23 the physical deconstruction of the Iron Gate, 

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1 cated on the Klamath River in California and 

2 Oregon. 

Æ 


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