Calendar No. 610

104TH CONGRESS

2D SESSION S. 1986

A BILL

To provide for the completion of the Umatilla

Basin Project, and for other purposes.

SEPTEMBER 16, 1996

Reported with an amendment
II

Calendar No. 610

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

SEPTEMBER 16, 1996

Reported by Mr. MURKOWSKI, with an amendment

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

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:
2

S 1986 RS

1 ‘‘AUTHORIZATION OF PROJECT COMPLETION

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

3 River water exchanges and other mitigation efforts nec4 essary to restore the Umatilla River basin fishery, and to

5 provide for the expansion of Umatilla basin project district

6 boundaries, the Secretary of the Interior (hereinafter re7 ferred to as the Secretary), acting pursuant to the Federal

8 reclamation laws (Act of June 17, 1902, and Acts amend9 atory thereof and supplementary thereto), is authorized to

10 complete construction and to operate and maintain the in11 tegrated Umatilla River basin project, including pump ex12 change projects known as phases I, II, and III.

13 ‘‘UMATILLA RIVER PHASE III EXCHANGE

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

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

16 basin project to provide additional flows in the Umatilla

17 River for anadromous fish through a water exchange with

18 Westland Irrigation District.

19 ‘‘(2) Prior to construction, the Secretary shall com20 plete a feasibility study to identify alternatives within the

21 authorized ceiling to provide Westland Irrigation District

22 exchange flows of approximately 220 cubic feet per second,

23 or greater.

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

25 facilities shall include an analysis of inclusion of other

26 irrigators in the exchange, appropriate backup systems,
3

S 1986 RS

1 water conservation opportunities, and such other analyses

2 as the Secretary may deem appropriate to improve the ex3 change project for fishery restoration purposes.

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

5 Secretary shall negotiate and execute an exchange agree6 ment with the Westland Irrigation District and any other

7 participating irrigators to allow the use of Columbia River

8 water in exchange for an equal amount of Umatilla River

9 or McKay Reservoir water: Provided, That the irrigation

10 districts shall continue to be eligible to receive the same

11 volume of water as they received under their respective

12 contracts with the Bureau of Reclamation dated July 6,

13 1954 for Hermiston Irrigation District, November 18,

14 1949 for Stanfield Irrigation District, July 6, 1954 for

15 West Extension Irrigation District, and November 18,

16 1949 for Westland Irrigation District.

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

18 water for exchange purposes only, and not for conjunctive

19 use.

20 ‘‘(b) OPERATION OF MCKAY RESERVOIR.— The Sec21 retary shall operate McKay Reservoir in accordance with

22 Federal and State law and water rights filed pursuant to

23 State law. The Secretary is authorized to continue to des24 ignate and deliver McKay Reservoir water for Umatilla

25 River fishery purposes. This title shall not alter any par-
4

S 1986 RS

1 ty’s rights or obligations under existing contracts for

2 McKay Reservoir water.

3 ‘‘(c) OPERATION AND MAINTENANCE COSTS.—All ex4 change system operation and maintenance costs and any

5 increased operation and maintenance costs to the project

6 caused by the phase III exchange shall be the responsibil7 ity of the Federal Government and shall be nonreimburs8 able.

9 ‘‘(d) POWER FOR PROJECT PUMPING.—The Adminis10 trator of the Bonneville Power Administration, consistent

11 with provisions of the Columbia River Basin Fish and

12 Wildlife Program established pursuant to the Pacific

13 Northwest Electric Power Planning and Conservation Act

14 (94 Stat. 2697), shall provide for project power needed

15 to effect the phase III water exchange for purposes of

16 mitigating anadromous fishery resources. The cost of

17 power shall be credited to fishery restoration goals of the

18 Columbia River Basin Fish and Wildlife Program.

19 ‘‘UMATILLA BASIN PROJECT BOUNDARY ADJUSTMENT

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

21 Basin Project Completion Act, the boundaries of the three

22 irrigation districts with functioning Columbia River water

23 exchange facilities are adjusted by operation of law as fol24 lows:
5

S 1986 RS

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

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

3 its 1993 request to the Bureau of Reclamation.

4 ‘‘(2) Stanfield Irrigation District’s boundaries

5 are adjusted to include the 230.99 acres receiving

6 water under 1995 and 1996 temporary contracts

7 with the Bureau of Reclamation.

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

9 boundaries are adjusted to include the 2,436.8 acres

10 identified in its 1993 request to the Bureau of Rec11 lamation and are classified as irrigable in the Bu12 reau of Reclamation’s Land Classification Report.

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

14 exchange is completed and fully functional, the Westland

15 Irrigation District’s boundaries shall be adjusted to in16 clude the 7,023 acres receiving water under 1995 and

17 1996 temporary contracts with the Bureau of Reclama18 tion: Provided, That any analysis required by the National

19 Environmental Policy Act of 1969 on the boundary expan20 sion request shall be accomplished in conjunction with

21 similar analysis on the phase III exchange facilities. The

22 Westland Irrigation District shall pay analysis costs asso23 ciated with boundary adjustment, not to exceed $300,000,

24 and any additional costs shall be nonreimbursable.
6

S 1986 RS

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

2 contract with the Bureau of Reclamation is hereby ex3 tended for an additional ten-year period. All other terms

4 of the temporary contract, including the payment, water

5 delivery, and mitigation provisions, shall remain the same.

6 A riparian project, as described in the 1996 temporary

7 contract, will be designed and completed by the Westland

8 Irrigation District. If phase III is not fully functional

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

10 Secretary is authorized to enter into additional extensions

11 on such terms and conditions as may be mutually agree12 able.

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

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

15 existing State water right and is classified as irrigable in

16 the Bureau of Reclamation’s Land Classification Report.

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

18 boundary adjustment request and adjustment of the

19 boundary, a legal description of the new district bound20 aries, including land classification and project boundary

21 maps, shall be provided as an attachment to all four irri22 gation districts’ existing contracts.

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

24 for the Umatilla River basin project districts may be made
7

S 1986 RS

1 as a result of the project boundary expansions authorized

2 by this title.

3 ‘‘TREATY OBLIGATIONS

4 ‘‘SEC. 217. The Federal Government and the Confed5 erated Tribes of the Umatilla Indian Reservation jointly

6 recognize that completion of phase III and perpetual oper7 ation of the integrated project, including phases I, II, and

8 III, meets all obligations of the Federal Government to

9 provide the Confederated Tribes of the Umatilla Indian

10 Reservation with water for fishery needs in the Umatilla

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

12 their 1855 treaty with the United States.

13 ‘‘WATER PROTECTION AND MANAGEMENT

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

15 in cooperation with the State of Oregon, the Confederated

16 Tribes of the Umatilla Indian Reservation, the irrigation

17 districts, and the affected public toward developing a com18 prehensive water management plan to assist in restoring

19 the Umatilla River basin’s anadromous fishery. The Sec20 retary shall develop an integrated groundwater/surface

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

22 developing the comprehensive water management plan.

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

24 title shall be integrated and coordinated, from an oper25 ational standpoint, into existing features of the Umatilla

26 basin project.
8

S 1986 RS

1 ‘‘(c) The Secretary shall enter into appropriate agree2 ments with the State of Oregon, the relevant irrigation

3 districts, and the Confederated Tribes of the Umatilla In4 dian Reservation, as appropriate, to provide funding for

5 monitoring and administration, including regulation, of

6 project-related water supplies for the purposes herein

7 identified.

8 ‘‘AUTHORIZATION FOR APPROPRIATION

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

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

11 justified by reason of ordinary fluctuations of applicable

12 cost indexes, the following sums, without fiscal year limita13 tion:

14 ‘‘(1) Not to exceed $71,000,000 for feasibility

15 studies, environmental studies, and construction of

16 the phase III exchange: Provided, That all costs of

17 phase III planning and construction, including oper18 ation and maintenance costs allocated to the mitiga19 tion of anadromous fish species and the study au20 thorized in section 215 of this Act, shall be non21 reimbursable: Provided, further, That not less than

22 80 per centum of such funds shall be used for actual

23 construction.

24 ‘‘(2) Not to exceed $500,000 for the develop25 ment of a comprehensive water management plan
9

S 1986 RS

1 and integrated groundwater/surface water model, as

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

3 ‘‘(3) Not to exceed $400,000 annually for en4 forcement and protection of phases I, II, and III of

5 exchange water for instream uses, as provided for in

6 section 218(c) of this title.’’.

7 WATER RIGHTS

8 SEC. 3. Nothing in this Act shall—

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

14 water other than as established pursuant to the sub15 stantive and procedural requirements of State law

16 and as recognized under State law;

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

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

19 party, nor may any provision be construed to create

20 directly or indirectly an express or implied Federal

21 reserved water right for any purpose.

22 SECTION 1. SHORT TITLE.—This Act may be referred

23 to as the ‘‘Umatilla Basin Project Completion Act.’’

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

25 by adding at the end thereof:
10

S 1986 RS

1 ‘‘SEC. 214. AUTHORIZATION OF PROJECT COMPLE2 TION.—The Secretary of the Interior (hereinafter referred

3 to as the Secretary), acting pursuant to the Federal rec4 lamation laws (Act of June 17, 1902, and Acts amendatory

5 thereof and supplementary thereto), is authorized to com6 plete construction and to operate and maintain the inte7 grated Umatilla Basin project, including pump exchange

8 projects known as phases I, II, and III, for the purposes

9 of completing the Columbia River water exchanges and

10 other mitigation efforts necessary to restore the Umatilla

11 River Basin fishery, and providing for the expansion of

12 Umatilla Basin Irrigation Districts’ boundaries.

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

14 ‘‘(a)(1) AUTHORIZATION OF PROJECT CONSTRUC15 TION.—The Secretary is hereby authorized to construct a

16 third and final phase of the Umatilla Basin project to pro17 vide additional flows in the Umatilla River for anadromous

18 fish through a water exchange with Westland Irrigation

19 District.

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

21 a feasibility study to identify alternatives to provide

22 Westland Irrigation District and other Umatilla River

23 Basin water users with exchange flows of approximately

24 220 cubic feet per second to restore the Umatilla River fish-
11

S 1986 RS

1 ery, as determined through analysis of options in a feasibil2 ity study described in section 215(a)(3).

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

4 facilities shall examine engineering, environmental, and

5 economic factors associated with project alternatives, in6 cluding but not limited to: technical engineering and hydro7 logic analyses pertinent to the identification and design of

8 alternatives; biological analyses of instream flow levels to

9 optimize anadromous fish restoration; and an assessment

10 of the cost effectiveness of the alternatives for restoring the

11 Umatilla Basin fishery. The study shall also include an

12 analysis of inclusion of other irrigators in the exchange;

13 consolidation of irrigation delivery facilities; potential for

14 voluntary water transfers; optimization of water delivery

15 scheduling for all four irrigation districts; appropriate

16 backup systems; water conservation opportunities; and such

17 other analyses as the Secretary may deem appropriate to

18 improve the exchange project for fishery restoration pur19 poses.

20 ‘‘(4) Prior to completion of phase III facilities, the Sec21 retary shall negotiate and execute an exchange agreement

22 with the Westland Irrigation District to allow the use of

23 Columbia River water in exchange for an equivalent

24 amount of Umatilla River or McKay Reservoir water: Pro25 vided, That the irrigation districts shall continue to be eli-
12

S 1986 RS

1 gible to receive the same volume of water as they received

2 from their Umatilla River water rights and under their re3 spective contracts with the Bureau of Reclamation dated

4 July 6, 1954 for Hermiston Irrigation District, November

5 18, 1949 for Stanfield Irrigation District, July 6, 1954 for

6 West Extension Irrigation District, and November 18, 1949

7 for Westland Irrigation District. Additional exchange

8 agreements with other water users may be executed prior

9 to delivery of water to those entities. The exchange agree10 ments shall incorporate water delivery scheduling

11 optimation, conservation, water transfer, and other tech12 nical operational measures recommended in the feasibility

13 study.

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

15 water for exchange purposes only, and not for conjunctive

16 use.

17 ‘‘(b) OPERATION AND MAINTENANCE COSTS.—All ex18 change system operation and maintenance costs and any

19 increased operation and maintenance costs to the project

20 caused by the phase III exchange shall be the responsibility

21 of the Federal Government and shall be nonreimbursable.

22 ‘‘(c) POWER FOR PROJECT PUMPING.—The Adminis23 trator of the Bonneville Power Administration (hereinafter

24 referred to as the Administrator), consistent with provisions

25 of the Columbia River Basin Fish and Wildlife Program
13

S 1986 RS

1 adopted by the Northwest Power Planning Council pursu2 ant to the Pacific Northwest Electric Power Planning and

3 Conservation Act (94 Stat. 2697), shall provide power need4 ed to effect the phase III water exchange for purposes of

5 mitigating anadromous fishery impacts. Beginning with

6 the fiscal year that such power is provided, and continuing

7 for so long as it is provided, the Administrator shall apply

8 against amounts otherwise payable by the Administrator

9 to the United States Treasury a credit that reduces the Ad10 ministrator’s payment by the amount equal to the cost of

11 power provided in that year. For purposes of calculating

12 that credit, the Administrator shall determine the cost of

13 the power so provided by multiplying the amount of the

14 power provided by the prevailing priority firm rate, or the

15 rate which is then the equivalent of the priority firm rate

16 if that designation is no longer used by the Administrator,

17 plus applicable transmission charges for priority firm

18 power.

19 ‘‘(d) Project facilities authorized by this title shall be

20 integrated and coordinated into the existing Umatilla

21 Basin Project.
14

S 1986 RS

1 ‘‘SEC. 216. UMATILLA BASIN IRRIGATION DISTRICTS

2 BOUNDARY ADJUSTMENT.

3 ‘‘(a) Upon enactment of the Umatilla Basin Project

4 Completion Act, the boundaries of the four irrigation dis5 tricts are adjusted by operation of law as follows:

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

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

8 its 1993 request to the Bureau of Reclamation;

9 ‘‘(2) Stanfield Irrigation District’s boundaries

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

11 its 1993 request to the Bureau of Reclamation. Stan12 field Irrigation District shall design and complete a

13 riparian project, as described in their temporary con14 tract with the Bureau of Reclamation;

15 ‘‘(3) West Extension Irrigation District’s bound16 aries are adjusted to include the 2,436.8 acres identi17 fied in the June, 1993 Bureau of Reclamation Land

18 Classification Report as irrigable; and

19 ‘‘(4) Westland Irrigation District’s boundaries

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

21 its 1993 request to the Bureau of Reclamation: Pro22 vided, That the mitigation provisions included in

23 Westland’s 1996 temporary contract with the Bureau

24 of Reclamation shall remain in force until phase III

25 of the Umatilla Basin Project is constructed, oper26 ationally tested, and ready for turnover to operations
15

S 1986 RS

1 and maintenance status. A riparian project, as de2 scribed in the temporary contract, will be designed

3 and completed by the Westland Irrigation District.

4 ‘‘(b) Notwithstanding any other provision of this Title,

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

6 State water right and is classified as irrigable in the Bu7 reau of Reclamation’s Land Classification Report.

8 ‘‘(c) Upon approval of each irrigation district’s bound9 ary adjustment request and adjustment of the boundary, a

10 legal description of the new district boundaries, including

11 land classification and project boundary maps, shall be pro12 vided as an attachment to all four Irrigation Districts’ ex13 isting contracts.

14 ‘‘(d) No alteration in the ability to pay determination

15 for the Umatilla Basin Project districts may be made as

16 a result of the project boundary expansions authorized by

17 this Title.

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

19 ‘‘(a) The Secretary, in cooperation with the Confed20 erated Tribes of the Umatilla Indian Reservation (herein21 after referred to as the Tribes), shall participate in any dis22 cussions with the State of Oregon (hereinafter referred to

23 as the State) regarding the Tribes’ water claims and other

24 water needs in the Umatilla River Basin. To facilitate these

25 discussions of water claims:
16

S 1986 RS

1 ‘‘(1) The Secretary, taking into account the fa2 cilities and analyses authorized by the Act, shall par3 ticipate in any efforts undertaken by the State, tribes,

4 irrigation districts, Bonneville Power Administration

5 and the affected public to develop a water manage6 ment plan for the Umatilla River Basin. The plan

7 shall address restoration of the Umatilla River Basin

8 anadromous fishery. The Secretary shall also develop

9 an integrated groundwater/surface water model of the

10 Upper Umatilla River Basin.

11 ‘‘(2) Within two years after the date of enact12 ment of this Act, the Secretary shall report to the

13 Committee on Energy and Natural Resources of the

14 Senate and the Committee on Resources of the House

15 of Representatives on the progress of:

16 ‘‘(A) the facilities authorized by this Act;

17 ‘‘(B) the water management plan;

18 ‘‘(C) the groundwater/surface water model;

19 and

20 ‘‘(D) the status of discussions of Tribal

21 water claims in the Umatilla River Basin.

22 ‘‘(b) The Secretary shall enter into appropriate agree23 ments with the State, the relevant irrigation districts, and

24 the Tribes, as appropriate, to provide funding for monitor-
17

S 1986 RS

1 ing and administration, including regulation, of project2 related water supplies for the purposes herein identified.

3 ‘‘SEC. 218. JOINT WATER SUPPLY SYSTEM.—The Sec4 retary is authorized to provide by grant or contract, any

5 funds appropriated pursuant to Section 219(a)(4) of this

6 Act, to the tribes for the construction of an offstream storage

7 reservoir of approximately 10,000 acre-feet capacity, with

8 associated works. Such authorization shall not include the

9 purpose of constructing water treatment facilities. Such res10 ervoir is to be located on or adjacent to the Tribes’ Reserva11 tion in Oregon: Provided, that:

12 ‘‘(a) the City of Pendleton, Oregon (hereinafter

13 referred to as the City) agrees to provide up to

14 $16,000,000 (in addition to the $6,500,000 authorized

15 by this Act for the tribal share of the project) for fea16 sibility level planning and environmental studies and

17 construction of the reservoir and associated works

18 provided for by this Section. Any cost overruns be19 yond the $22,500,000 estimated for the reservoir and

20 associated works authorized by this Act shall be allo21 cated 70 percent to the city and 30 percent to the

22 tribes, unless they mutually agree otherwise. In the

23 event that actual construction of the reservoir and as24 sociated works is not initiated within 24 months of

25 funds being appropriated pursuant to section
18

S 1986 RS

1 219(a)(4), such funds will be returned to the Treas2 ury;

3 ‘‘(b) the Secretary determines, pursuant to ap4 propriate feasibility level planning and environ5 mental studies, that the facility can be built and op6 erated in a manner which conforms to all applicable

7 Federal, State, and tribal laws and that the project

8 siting and construction minimizes adverse effects on

9 the Umatilla River fishery;

10 ‘‘(c) the Secretary, in cooperation with the State

11 and the Tribes, determines that diversions for storage

12 will not reduce Umatilla River flows below the levels

13 necessary to restore and support the Umatilla River

14 anadromous fishery. In diverting water for storage

15 and operation of the reservoir, the tribes and the City

16 may agree to higher levels of protection of instream

17 flows, as may be permitted by State and Federal law.

18 The reservoir shall be filled only during periods of

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

20 ecological value of high flow events in the Umatilla

21 River, as determined by Federal, State, and Tribal

22 fishery experts;

23 ‘‘(d) the city, subject to applicable Federal, State,

24 and tribal laws, shall use all of its water rights to the

25 Umatilla River and its tributaries with priority dates
19

S 1986 RS

1 after January 1, 1910, including those rights identi2 fied in Oregon Revised Statutes 538.450, for instream

3 flow purposes to improve the Umatilla River anad4 romous fishery, provided that adequate water from

5 the reservoir project is available for municipal use;

6 ‘‘(e) the city and the tribes shall be responsible

7 for operation and maintenance of the reservoir and

8 associated works and shall share all operation and

9 maintenance costs on a pro rata basis, determined by

10 the amount of water in the reservoir set aside for each

11 Government’s use, unless the city and the tribes mutu12 ally agree to an alternative cost allocation; and

13 ‘‘(f) the Secretary may direct that funds author14 ized under Section 219(a)(4) be contracted to the

15 tribes, under the provision of the Indian Self-Deter16 mination and Education Assistance Act, 25 U.S.C.

17 § 450 et seq., as amended.

18 ‘‘SEC. 219. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘(a) There are authorized to be appropriated to

20 the Secretary, plus or minus such amounts as may be

21 justified by reason of ordinary fluctuations of appli22 cable cost indexes, the following sums, without fiscal

23 year limitation:

24 ‘‘(1) not to exceed $64,000,000 for feasibility

25 studies, environmental studies, and construction of
20

S 1986 RS

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

2 phase III planning and construction, including oper3 ation and maintenance costs allocated to the mitiga4 tion of anadromous fish species and the study author5 ized in Section 215 of this Act, shall be nonreimburs6 able; Provided further, That not more than 25 percent

7 of the amount appropriated under this paragraph

8 may be expended for administrative overhead costs;

9 ‘‘(2) not to exceed $500,000 for a water manage10 ment plan and an integrated groundwater/surface

11 water model, as provided for in section 217(a) of this

12 title;

13 ‘‘(3) not to exceed $400,000 annually for enforce14 ment and protection of phases I, II, and III exchange

15 water for instream uses, as provided for in Section

16 217(b) of this title; and

17 ‘‘(4) not to exceed $6,500,000 for feasibility stud18 ies, environmental studies, and construction of the

19 tribes’ portion of an off stream storage reservoir and

20 associated works, as authorized in section 218 of this

21 title.’’.

22 SEC. 3. WATER RIGHTS.—Nothing in this Act shall—

23 ‘‘(a) impair the validity of or preempt any provision

24 of State law with respect to water or water rights, or of

25 any interstate compact governing water or water rights;
21

S 1986 RS

1 ‘‘(b) create a right to the diversion or use of water other

2 than as established pursuant to the substantive and proce3 dural requirements of State law and as recognized under

4 State law;

5 ‘‘(c) impair any valid water right; or

6 ‘‘(d) establish or create any water rights for any party,

7 nor may any provision be construed to create directly or

8 indirectly an express or implied Federal reserved water

9 right for any purpose.

10 SEC. 4. SENSE OF THE CONGRESS.—It is the sense and

11 expectation of the Congress that construction and operation

12 of phase III, the perpetual operation of the integrated

13 Umatilla Basin project, and the construction and operation

14 of the Joint Water Supply System, as authorized in section

15 218 of this Act, will fulfill obligations of the Federal Gov16 ernment to provide the Confederated Tribes of the Umatilla

17 Indian Reservation with water for fishery purposes in the

18 Umatilla River below the mouth of McKay Creek, as recog19 nized by their 1855 treaty with the United States: Provided,

20 That fulfillment of obligations is contingent upon an agree21 ment between the United States, the tribes, and the State

22 as to the instream flow levels necessary for fishery restora23 tion, and that the design and operation of the integrated

24 Umatilla Basin project, as determined by the feasibility
22

S 1986 RS

1 study required in section 215(a)(3) of this Act, will allow

2 such instream flow levels to be achieved.