II

104TH CONGRESS

2D SESSION S. 1986

To provide for the completion of the Umatilla Basin Project, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 24, 1996

Mr. HATFIELD introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To provide for the completion of the Umatilla Basin Project,

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. This Act may be referred to as the

4 ‘‘Umatilla Basin Project Completion Act’’.

5 SEC. 2. Title II of Public Law 100–557 is amended

6 by adding at the end thereof:

7 ‘‘AUTHORIZATION OF PROJECT COMPLETION

8 ‘‘SEC. 214. For purposes of completing the Columbia

9 River water exchanges and other mitigation efforts nec10 essary to restore the Umatilla River basin fishery, and to
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1 provide for the expansion of Umatilla basin project district

2 boundaries, the Secretary of the Interior (hereinafter re3 ferred to as the Secretary), acting pursuant to the Federal

4 reclamation laws (Act of June 17, 1902, and Acts amend5 atory thereof and supplementary thereto), is authorized to

6 complete construction and to operate and maintain the in7 tegrated Umatilla River basin project, including pump ex8 change projects known as phases I, II, and III.

9 ‘‘UMATILLA RIVER PHASE III EXCHANGE

10 ‘‘SEC. 215. (a)(1) The Secretary is hereby authorized

11 to construct a third and final phase of the Umatilla River

12 basin project to provide additional flows in the Umatilla

13 River for anadromous fish through a water exchange with

14 Westland Irrigation District.

15 ‘‘(2) Prior to construction, the Secretary shall com16 plete a feasibility study to identify alternatives within the

17 authorized ceiling to provide Westland Irrigation District

18 exchange flows of approximately 220 cubic feet per second,

19 or greater.

20 ‘‘(3) The feasibility study for the phase III exchange

21 facilities shall include an analysis of inclusion of other

22 irrigators in the exchange, appropriate backup systems,

23 water conservation opportunities, and such other analyses

24 as the Secretary may deem appropriate to improve the ex25 change project for fishery restoration purposes.
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1 ‘‘(4) Prior to completion of phase III facilities, the

2 Secretary shall negotiate and execute an exchange agree3 ment with the Westland Irrigation District and any other

4 participating irrigators to allow the use of Columbia River

5 water in exchange for an equal amount of Umatilla River

6 or McKay Reservoir water: Provided, That the irrigation

7 districts shall continue to be eligible to receive the same

8 volume of water as they received under their respective

9 contracts with the Bureau of Reclamation dated July 6,

10 1954 for Hermiston Irrigation District, November 18,

11 1949 for Stanfield Irrigation District, July 6, 1954 for

12 West Extension Irrigation District, and November 18,

13 1949 for Westland Irrigation District.

14 ‘‘(5) Phase III facilities may pump Columbia River

15 water for exchange purposes only, and not for conjunctive

16 use.

17 ‘‘(b) OPERATION OF MCKAY RESERVOIR.— The Sec18 retary shall operate McKay Reservoir in accordance with

19 Federal and State law and water rights filed pursuant to

20 State law. The Secretary is authorized to continue to des21 ignate and deliver McKay Reservoir water for Umatilla

22 River fishery purposes. This title shall not alter any par23 ty’s rights or obligations under existing contracts for

24 McKay Reservoir water.
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1 ‘‘(c) 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 responsibil5 ity of the Federal Government and shall be nonreimburs6 able.

7 ‘‘(d) POWER FOR PROJECT PUMPING.—The Adminis8 trator of the Bonneville Power Administration, consistent

9 with provisions of the Columbia River Basin Fish and

10 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

13 to effect the phase III water exchange for purposes of

14 mitigating anadromous fishery resources. The cost of

15 power shall be credited to fishery restoration goals of the

16 Columbia River Basin Fish and Wildlife Program.

17 ‘‘UMATILLA BASIN PROJECT BOUNDARY ADJUSTMENT

18 ‘‘SEC. 216. (a) Upon enactment of the Umatilla

19 Basin Project Completion Act, the boundaries of the three

20 irrigation districts with functioning Columbia River water

21 exchange facilities are adjusted by operation of law as fol22 lows:

23 ‘‘(1) Hermiston Irrigation District’s boundaries

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

25 its 1993 request to the Bureau of Reclamation.
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1 ‘‘(2) Stanfield Irrigation District’s boundaries

2 are adjusted to include the 230.99 acres receiving

3 water under 1995 and 1996 temporary contracts

4 with the Bureau of Reclamation.

5 ‘‘(3) West Extension Irrigation District’s

6 boundaries are adjusted to include the 2,436.8 acres

7 identified in its 1993 request to the Bureau of Rec8 lamation and are classified as irrigable in the Bu9 reau of Reclamation’s Land Classification Report.

10 ‘‘(b)(1) When the Umatilla basin project’s phase III

11 exchange is completed and fully functional, the Westland

12 Irrigation District’s boundaries shall be adjusted to in13 clude the 7,023 acres receiving water under 1995 and

14 1996 temporary contracts with the Bureau of Reclama15 tion: Provided, That any analysis required by the National

16 Environmental Policy Act of 1969 on the boundary expan17 sion request shall be accomplished in conjunction with

18 similar analysis on the phase III exchange facilities. The

19 Westland Irrigation District shall pay analysis costs asso20 ciated with boundary adjustment, not to exceed $300,000,

21 and any additional costs shall be nonreimbursable.

22 ‘‘(2) The Westland Irrigation District’s temporary

23 contract with the Bureau of Reclamation is hereby ex24 tended for an additional ten-year period. All other terms

25 of the temporary contract, including the payment, water
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1 delivery, and mitigation provisions, shall remain the same.

2 A riparian project, as described in the 1996 temporary

3 contract, will be designed and completed by the Westland

4 Irrigation District. If phase III is not fully functional

5 when this temporary contract, as extended, expires, the

6 Secretary is authorized to enter into additional extensions

7 on such terms and conditions as may be mutually agree8 able.

9 ‘‘(c) Notwithstanding any other provision of this title,

10 no parcel may receive project water unless it has a valid

11 existing State water right and is classified as irrigable in

12 the Bureau of Reclamation’s Land Classification Report.

13 ‘‘(d) Upon approval of each irrigation district’s

14 boundary adjustment request and adjustment of the

15 boundary, a legal description of the new district bound16 aries, including land classification and project boundary

17 maps, shall be provided as an attachment to all four irri18 gation districts’ existing contracts.

19 ‘‘(e) No alteration in the ability to pay determination

20 for the Umatilla River basin project districts may be made

21 as a result of the project boundary expansions authorized

22 by this title.

23 ‘‘TREATY OBLIGATIONS

24 ‘‘SEC. 217. The Federal Government and the Confed25 erated Tribes of the Umatilla Indian Reservation jointly

26 recognize that completion of phase III and perpetual oper-
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1 ation of the integrated project, including phases I, II, and

2 III, meets all obligations of the Federal Government to

3 provide the Confederated Tribes of the Umatilla Indian

4 Reservation with water for fishery needs in the Umatilla

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

6 their 1855 treaty with the United States.

7 ‘‘WATER PROTECTION AND MANAGEMENT

8 ‘‘SEC. 218. (a) The Secretary shall continue working

9 in cooperation with the State of Oregon, the Confederated

10 Tribes of the Umatilla Indian Reservation, the irrigation

11 districts, and the affected public toward developing a com12 prehensive water management plan to assist in restoring

13 the Umatilla River basin’s anadromous fishery. The Sec14 retary shall develop an integrated groundwater/surface

15 water model of the upper Umatilla River basin for use in

16 developing the comprehensive water management plan.

17 ‘‘(b) Project facilities and features authorized by this

18 title shall be integrated and coordinated, from an oper19 ational standpoint, into existing features of the Umatilla

20 basin project.

21 ‘‘(c) The Secretary shall enter into appropriate agree22 ments with the State of Oregon, the relevant irrigation

23 districts, and the Confederated Tribes of the Umatilla In24 dian Reservation, as appropriate, to provide funding for

25 monitoring and administration, including regulation, of
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1 project-related water supplies for the purposes herein

2 identified.

3 ‘‘AUTHORIZATION FOR APPROPRIATION

4 ‘‘SEC. 219. (a) There is authorized to be appropriated

5 to the Secretary, plus or minus such amounts as may be

6 justified by reason of ordinary fluctuations of applicable

7 cost indexes, the following sums, without fiscal year limita8 tion:

9 ‘‘(1) Not to exceed $71,000,000 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 au15 thorized in section 215 of this Act, shall be non16 reimbursable: Provided, further, That not less than

17 80 per centum of such funds shall be used for actual

18 construction.

19 ‘‘(2) Not to exceed $500,000 for the develop20 ment of a comprehensive water management plan

21 and integrated groundwater/surface water model, as

22 provided for in section 218(a) of this title.

23 ‘‘(3) Not to exceed $400,000 annually for en24 forcement and protection of phases I, II, and III of

25 exchange water for instream uses, as provided for in

26 section 218(c) of this title.’’.
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1 WATER RIGHTS

2 SEC. 3. Nothing in this Act shall—

3 (a) impair the validity of or preempt any provi4 sion of State law with respect to water or water

5 rights, or of any interstate compact governing water

6 or water rights;

7 (b) create a right to the diversion or use of

8 water other than as established pursuant to the sub9 stantive and procedural requirements of State law

10 and as recognized under State law;

11 (c) impair or affect any valid water right; or

12 (d) establish or create any water rights for any

13 party, nor may any provision be construed to create

14 directly or indirectly an express or implied Federal

15 reserved water right for any purpose.

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