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Union Calendar No. 305 

112TH CONGRESS 

2D SESSION H. R. 2060 

[Report No. 112–438] 

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 

APRIL 16, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on May 31, 2011] 


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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. 


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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: 

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

10 mile’’. 

11 (2) In subparagraph (B)— 

12 (A) by striking ‘‘8-mile’’ and all that fol13 lows through ‘‘Bowman Dam’’ and inserting 

14 ‘‘7.75-mile segment from a point one-quarter 

15 mile downstream from the toe of Bowman Dam’’; 

16 and 

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

18 ‘‘The developer for any hydropower development, 

19 including turbines and appurtenant facilities, at 

20 Bowman Dam, in consultation with the Bureau 

21 of Land Management, shall analyze any impacts 

22 to the Outstandingly Remarkable Values of the 

23 Wild and Scenic River that may be caused by 

24 such development, including the future need to 

25 undertake routine and emergency repairs, and 


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1 shall propose mitigation for any impacts as part 

2 of any license application submitted to the Fed3 eral Energy Regulatory Commission.’’. 

4 SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. 

5 Section 4 of the Act of August 6, 1956 (70 Stat. 1058), 

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

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

8 amended as follows: 

9 (1) By striking ‘‘ten cubic feet’’ the first place it 

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

11 (2) By striking ‘‘during those months when there 

12 is no other discharge therefrom, but this release may 

13 be reduced for brief temporary periods by the Sec14 retary whenever he may find that release of the full 

15 ten cubic feet per second is harmful to the primary 

16 purpose of the project’’. 

17 (3) By adding at the end the following: ‘‘Without 

18 further action by the Secretary, and as determined 

19 necessary for any given year by the City of Prineville, 

20 up to seven of the 17 cubic feet per second minimum 

21 release shall also serve as mitigation for City of 

22 Prineville groundwater pumping, pursuant to and in 

23 a manner consistent with Oregon State law, includ24 ing any shaping of the release of the up to seven cubic 

25 feet per second to coincide with City of Prineville 


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1 groundwater pumping as may be required by the 

2 State of Oregon. As such, the Secretary is authorized 

3 to make applications to the State of Oregon in con4 junction with the City to protect these supplies 

5 instream. The City shall make payment to the Sec6 retary for that portion of the minimum release that 

7 actually serves as mitigation pursuant to Oregon 

8 State law for the City in any given year, with the 

9 payment for any given year equal to the amount of 

10 mitigation in acre feet required to offset actual City 

11 groundwater pumping for that year in accordance 

12 with Reclamation ‘Water and Related Contract and 

13 Repayment Principles and Requirements’, Reclama14 tion Manual Directives and Standards PEC 05–01, 

15 dated 09/12/2006, and guided by ‘Economic and En16 vironmental Principles and Guidelines for Water and 

17 Related Land Resources Implementation Studies’, 

18 dated March 10, 1983. The Secretary is authorized to 

19 contract exclusively with the City for additional 

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

21 SEC. 4. FIRST FILL PROTECTION. 

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

23 by the Acts of September 14, 1959 (73 Stat. 554), and Sep24 tember 18, 1964 (78 Stat. 954), is further amended by add25 ing at the end the following: 


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1 ‘‘SEC. 6. Other than the 17 cubic feet per second release 

2 provided for in section 4, and subject to compliance with 

3 the Army Corps of Engineers’ flood curve requirements, the 

4 Secretary shall, on a ‘first fill’ priority basis, store in and 

5 release from Prineville Reservoir, whether from carryover, 

6 infill, or a combination thereof, the following: 

7 ‘‘(1) 68,273 acre feet of water annually to fulfill 

8 all 16 Bureau of Reclamation contracts existing as of 

9 January 1, 2011, and up to 2,740 acre feet of water 

10 annually to supply the McKay Creek lands as pro11 vided for in section 5 of this Act. 

12 ‘‘(2) Not more than 10,000 acre feet of water an13 nually, to be made available to the North Unit Irriga14 tion District pursuant to a Temporary Water Service 

15 Contract, upon the request of the North Unit Irriga16 tion District, consistent with the same terms and con17 ditions as prior such contracts between the District 

18 and the Bureau of Reclamation. 

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

20 nothing in this Act— 

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

22 between contractors and the United States under Rec23 lamation contracts; 

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

25 paragraph (1); or 


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1 ‘‘(3) modifies any rights, obligations, or require2 ments that may be provided or governed by Oregon 

3 State law.’’. 

4 SEC. 5. OCHOCO IRRIGATION DISTRICT. 

5 (a) EARLY REPAYMENT.—Notwithstanding section 213 

6 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm), 

7 any landowner within Ochoco Irrigation District in Or8 egon, may repay, at any time, the construction costs of the 

9 project facilities allocated to that landowner’s lands within 

10 the district. Upon discharge, in full, of the obligation for 

11 repayment of the construction costs allocated to all lands 

12 the landowner owns in the district, those lands shall not 

13 be subject to the ownership and full-cost pricing limitations 

14 of the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and 

15 Acts supplemental to and amendatory of that Act, including 

16 the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et 

17 seq.). 

18 (b) CERTIFICATION.—Upon the request of a landowner 

19 who has repaid, in full, the construction costs of the project 

20 facilities allocated to that landowner’s lands owned within 

21 the district, the Secretary of the Interior shall provide the 

22 certification provided for in subsection (b)(1) of section 213 

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

24 390mm(b)(1)). 


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1 (c) CONTRACT AMENDMENT.—On approval of the dis2 trict directors and notwithstanding project authorizing leg3 islation to the contrary, the district’s reclamation contracts 

4 are modified, without further action by the Secretary of the 

5 Interior, to— 

6 (1) authorize the use of water for instream pur7 poses, including fish or wildlife purposes, in order for 

8 the district to engage in, or take advantage of, con9 served water projects and temporary instream leasing 

10 as authorized by Oregon State law; 

11 (2) include within the district boundary ap12 proximately 2,742 acres in the vicinity of McKay 

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

14 acres within the district boundary; 

15 (3) classify as irrigable approximately 685 acres 

16 within the approximately 2,742 acres of included 

17 lands in the vicinity of McKay Creek, where the ap18 proximately 685 acres are authorized to receive irri19 gation water pursuant to water rights issued by the 

20 State of Oregon and have in the past received water 

21 pursuant to such State water rights; and 

22 (4) provide the district with stored water from 

23 Prineville Reservoir for purposes of supplying up to 

24 the approximately 685 acres of lands added within 

25 the district boundary and classified as irrigable under 


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1 paragraphs (2) and (3), with such stored water to be 

2 supplied on an acre-per-acre basis contingent on the 

3 transfer of existing appurtenant McKay Creek water 

4 rights to instream use and the State’s issuance of 

5 water rights for the use of stored water. 

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

7 subsections (a) and (c), nothing in this section shall be con8 strued to— 

9 (1) modify contractual rights that may exist be10 tween the district and the United States under the 

11 district’s Reclamation contracts; 

12 (2) amend or reopen the contracts referred to in 

13 paragraph (1); or 

14 (3) modify any rights, obligations or relation15 ships that may exist between the district and its land16 owners as may be provided or governed by Oregon 

17 State law. 


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Union Calendar No. 305 

112TH CONGRESS 

2D SESSION H. R. 2060 

[Report No. 112–438] 

A BILL 

To amend the Wild and Scenic Rivers Act to adjust 

for other purposes. certainty for the City of Prineville, Oregon, and the Crooked River boundary, to provide water 

APRIL 16, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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