I 

112TH CONGRESS 

1ST SESSION H. R. 2060 

To amend the Wild and Scenic Rivers Act to adjust the Crooked River 

boundary, to provide water certainty for the City of Prineville, Oregon, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 31, 2011 

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

Committee on Natural Resources 

A BILL 

To amend the Wild and Scenic Rivers Act to adjust the 

Crooked River boundary, to provide water certainty for 

the City of Prineville, Oregon, 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 ‘‘Central Oregon Jobs 

5 and Water Security Act’’. 

6 SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON. 

7 Section 3(a)(72) of the Wild and Scenic Rivers Act 

8 (16 U.S.C. 1274(a)(72)) is amended as follows: 


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1 (1) By striking ‘‘15-mile’’ and inserting ‘‘14.75- 

2 mile’’. 

3 (2) In subparagraph (B)— 

4 (A) by striking ‘‘8-mile’’ and all that fol5 lows through ‘‘Bowman Dam’’ and inserting 

6 ‘‘7.75-mile segment from a point one-quarter 

7 mile downstream from the toe of Bowman 

8 Dam’’; and 

9 (B) by adding at the end the following: 

10 ‘‘The developer for any hydropower develop11 ment, including turbines and appurtenant facili12 ties, at Bowman Dam, in consultation with the 

13 Bureau of Land Management, shall analyze any 

14 impacts to the Outstandingly Remarkable Val15 ues of the Wild and Scenic River that may be 

16 caused by such development, including the fu17 ture need to undertake routine and emergency 

18 repairs, and shall propose mitigation for these 

19 any impacts as part of any license application 

20 submitted to the Federal Energy Regulatory 

21 Commission.’’. 

22 SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. 

23 Section 4 of the Act of August 6, 1956 (70 Stat. 

24 1058), (as amended by the Acts of September 14, 1959 


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1 (73 Stat. 554), and September 18, 1964 (78 Stat. 954)) 

2 is further amended as follows: 

3 (1) By striking ‘‘ten cubic feet’’ both places it 

4 appears and inserting ‘‘17 cubic feet’’. 

5 (2) By adding at the end the following: ‘‘The 

6 cost of facilities, and the costs of operating and 

7 maintaining the same, as properly allocable to this 

8 minimum release shall be nonreturnable and nonre9 imbursable under Federal reclamation laws. Without 

10 further action by the Secretary, seven of the 17 

11 cubic feet per second minimum release shall also 

12 serve as mitigation for City of Prineville ground13 water pumping, pursuant to and in a manner con14 sistent with Oregon State law. As such, the Sec15 retary is authorized to make applications to the 

16 State of Oregon in conjunction with the City to pro17 tect these supplies instream. If the State of Oregon 

18 does not allow for use of the released water to serve 

19 as mitigation, then at the request of the City, the 

20 Secretary shall provide the City up to seven cubic 

21 feet per second of the minimum release for munic22 ipal purposes. The Secretary is authorized to con23 tract exclusively with the City for additional 

24 amounts in the future at the request of the City.’’. 


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1 SEC. 4. FIRST FILL PROTECTION. 

2 The Act of August 6, 1956 (70 Stat. 1058), as 

3 amended by the Acts of September 14, 1959 (73 Stat. 

4 554), and September 18, 1964 (78 Stat. 954), is further 

5 amended by adding at the end the following: 

6 ‘‘SEC. 6. Other than the 17 cubic feet per second re7 lease provided for in section 4, and subject to compliance 

8 with the Army Corps of Engineers’ flood curve require9 ments, the Secretary shall, on a ‘‘first fill’’ priority basis, 

10 store in and release from Prineville Reservoir, whether 

11 from carryover, infill, or a combination thereof, the fol12 lowing: 

13 ‘‘(1) 68,273 acre feet of water annually to fulfill 

14 all 16 Bureau of Reclamation contracts existing as 

15 of January 1, 2011. 

16 ‘‘(2) Not more than 10,000 acre feet of water 

17 annually, to be made available to the North Unit Ir18 rigation District pursuant to a Temporary Water 

19 Service Contract, upon the request of the North 

20 Unit Irrigation District, consistent with the same 

21 terms and conditions as prior such contracts be22 tween the District and the Bureau of Reclamation. 

23 ‘‘SEC. 7. Except as otherwise provided in this Act, 

24 nothing in this Act— 


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1 ‘‘(1) modifies contractual rights that may exist 

2 between contractors and the United States under 

3 Reclamation contracts; 

4 ‘‘(2) amends or reopens contracts referred to in 

5 paragraph (1); or 

6 ‘‘(3) modify any rights, obligations, or require7 ments that may be provided or governed by Oregon 

8 State law.’’. 

9 SEC. 5. OCHOCO IRRIGATION DISTRICT. 

10 (a) EARLY REPAYMENT.—Notwithstanding section 

11 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 

12 390mm), any landowner within Ochoco Irrigation District 

13 in Oregon, may repay, at any time, the construction costs 

14 of the project facilities allocated to that landowner’s lands 

15 within the district. Upon discharge, in full, of the obliga16 tion for repayment of the construction costs allocated to 

17 all lands the landowner owns in the district, those lands 

18 shall not be subject to the ownership and full-cost pricing 

19 limitations of the Act of June 17, 1902 (43 U.S.C. 371 

20 et seq.), and Acts supplemental to and amendatory of that 

21 Act, including the Reclamation Reform Act of 1982 (43 

22 U.S.C. 390aa et seq.). 

23 (b) CERTIFICATION.—Upon the request of a land24 owner who has repaid, in full, the construction costs of 

25 the project facilities allocated to that landowner’s lands 


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1 owned within the district, the Secretary of the Interior 

2 shall provide the certification provided for in subsection 

3 (b)(1) of section 213 of the Reclamation Reform Act of 

4 1982 (43 U.S.C. 390mm(b)(1)). 

5 (c) CONTRACT AMENDMENT.—On approval of the 

6 district directors and notwithstanding project authorizing 

7 legislation to the contrary, the district’s reclamation con8 tracts are modified, without further action by the Sec9 retary of the Interior, to— 

10 (1) authorize the use of water for instream pur11 poses, including fish or wildlife purposes, in order 

12 for the district to engage in, or take advantage of, 

13 conserved water projects and temporary instream 

14 leasing as authorized by Oregon State law; 

15 (2) include within the district boundary ap16 proximately 2,742 acres in the vicinity of McKay 

17 Creek, resulting in a total of approximately 44,937 

18 acres within the district boundary; 

19 (3) classify as irrigable approximately 685 acres 

20 within the approximately 2,742 acres of included 

21 lands in the vicinity of McKay Creek, where the ap22 proximately 685 acres are authorized to receive irri23 gation water pursuant to water rights issued by the 

24 State of Oregon and have in the past received water 

25 pursuant to such State water rights; and 


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1 (4) provide the district with stored water from 

2 Prineville Reservoir for purposes of supplying the 

3 approximately 685 acres of lands added within the 

4 district boundary under paragraph (2). 

5 (d) LIMITATION.—Except as otherwise provided in 

6 subsections (a) and (c), nothing in this section shall be 

7 construed to— 

8 (1) modify contractual rights that may exist be9 tween the District and the United States under the 

10 District’s Reclamation contracts; 

11 (2) amend or reopen the contracts referred to 

12 in paragraph (1); or 

13 (3) modify any rights, obligations or relation14 ships that may exist between the District and its 

15 landowners as may be provided or governed by Or16 egon State law. 

Æ 


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