IIB 

112TH CONGRESS 

2D SESSION H. R. 2060 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2012 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Central Oregon Jobs 

3 and Water Security Act’’. 

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

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

6 (16 U.S.C. 1274(a)(72)) is amended as follows: 

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

8 mile’’. 

9 (2) In subparagraph (B)— 

10 (A) by striking ‘‘8-mile’’ and all that fol11 lows through ‘‘Bowman Dam’’ and inserting 

12 ‘‘7.75-mile segment from a point one-quarter 

13 mile downstream from the toe of Bowman 

14 Dam’’; and 

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

16 ‘‘The developer for any hydropower develop17 ment, including turbines and appurtenant facili18 ties, at Bowman Dam, in consultation with the 

19 Bureau of Land Management, shall analyze any 

20 impacts to the Outstandingly Remarkable Val21 ues of the Wild and Scenic River that may be 

22 caused by such development, including the fu23 ture need to undertake routine and emergency 

24 repairs, and shall propose mitigation for any 

25 impacts as part of any license application subVerDate Mar 15 2010 00:03 Jun 07, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2060.RFS H2060

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1 mitted to the Federal Energy Regulatory Com2 mission.’’. 

3 SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. 

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

5 1058), (as amended by the Acts of September 14, 1959 

6 (73 Stat. 554), and September 18, 1964 (78 Stat. 954)) 

7 is further amended as follows: 

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

9 it appears and inserting ‘‘17 cubic feet’’. 

10 (2) By striking ‘‘during those months when 

11 there is no other discharge therefrom, but this re12 lease may be reduced for brief temporary periods by 

13 the Secretary whenever he may find that release of 

14 the full ten cubic feet per second is harmful to the 

15 primary purpose of the project’’. 

16 (3) By adding at the end the following: ‘‘With17 out further action by the Secretary, and as deter18 mined necessary for any given year by the City of 

19 Prineville, up to seven of the 17 cubic feet per sec20 ond minimum release shall also serve as mitigation 

21 for City of Prineville groundwater pumping, pursu22 ant to and in a manner consistent with Oregon State 

23 law, including any shaping of the release of the up 

24 to seven cubic feet per second to coincide with City 

25 of Prineville groundwater pumping as may be reVerDate Mar 15 2010 00:03 Jun 07, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2060.RFS H2060

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1 quired by the State of Oregon. As such, the Sec2 retary is authorized to make applications to the 

3 State of Oregon in conjunction with the City to pro4 tect these supplies instream. The City shall make 

5 payment to the Secretary for that portion of the 

6 minimum release that actually serves as mitigation 

7 pursuant to Oregon State law for the City in any 

8 given year, with the payment for any given year 

9 equal to the amount of mitigation in acre feet re10 quired to offset actual City groundwater pumping 

11 for that year in accordance with Reclamation ‘Water 

12 and Related Contract and Repayment Principles and 

13 Requirements’, Reclamation Manual Directives and 

14 Standards PEC 05–01, dated 09/12/2006, and guid15 ed by ‘Economic and Environmental Principles and 

16 Guidelines for Water and Related Land Resources 

17 Implementation Studies’, dated March 10, 1983. 

18 The Secretary is authorized to contract exclusively 

19 with the City for additional amounts in the future 

20 at the request of the City.’’. 

21 SEC. 4. FIRST FILL PROTECTION. 

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

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

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

25 amended by adding at the end the following: 


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1 ‘‘SEC. 6. Other than the 17 cubic feet per second re2 lease provided for in section 4, and subject to compliance 

3 with the Army Corps of Engineers’ flood curve require4 ments, the Secretary shall, on a ‘first fill’ priority basis, 

5 store in and release from Prineville Reservoir, whether 

6 from carryover, infill, or a combination thereof, the fol7 lowing: 

8 ‘‘(1) 68,273 acre feet of water annually to fulfill 

9 all 16 Bureau of Reclamation contracts existing as 

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

11 water annually to supply the McKay Creek lands as 

12 provided for in section 5 of this Act. 

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

14 annually, to be made available to the North Unit Ir15 rigation District pursuant to a Temporary Water 

16 Service Contract, upon the request of the North 

17 Unit Irrigation District, consistent with the same 

18 terms and conditions as prior such contracts be19 tween the District and the Bureau of Reclamation. 

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

21 nothing in this Act— 

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

23 between contractors and the United States under 

24 Reclamation contracts; 


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

2 paragraph (1); or 

3 ‘‘(3) modifies any rights, obligations, or require4 ments that may be provided or governed by Oregon 

5 State law.’’. 

6 SEC. 5. OCHOCO IRRIGATION DISTRICT. 

7 (a) EARLY REPAYMENT.—Notwithstanding section 

8 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 

9 390mm), any landowner within Ochoco Irrigation District 

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

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

12 within the district. Upon discharge, in full, of the obliga13 tion for repayment of the construction costs allocated to 

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

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

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

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

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

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

20 (b) CERTIFICATION.—Upon the request of a land21 owner who has repaid, in full, the construction costs of 

22 the project facilities allocated to that landowner’s lands 

23 owned within the district, the Secretary of the Interior 

24 shall provide the certification provided for in subsection 


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

2 1982 (43 U.S.C. 390mm(b)(1)). 

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

4 district directors and notwithstanding project authorizing 

5 legislation to the contrary, the district’s reclamation con6 tracts are modified, without further action by the Sec7 retary of the Interior, to— 

8 (1) authorize the use of water for instream pur9 poses, including fish or wildlife purposes, in order 

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

11 conserved water projects and temporary instream 

12 leasing as authorized by Oregon State law; 

13 (2) include within the district boundary ap14 proximately 2,742 acres in the vicinity of McKay 

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

16 acres within the district boundary; 

17 (3) classify as irrigable approximately 685 acres 

18 within the approximately 2,742 acres of included 

19 lands in the vicinity of McKay Creek, where the ap20 proximately 685 acres are authorized to receive irri21 gation water pursuant to water rights issued by the 

22 State of Oregon and have in the past received water 

23 pursuant to such State water rights; and 

24 (4) provide the district with stored water from 

25 Prineville Reservoir for purposes of supplying up to 


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1 the approximately 685 acres of lands added within 

2 the district boundary and classified as irrigable 

3 under paragraphs (2) and (3), with such stored 

4 water to be supplied on an acre-per-acre basis con5 tingent on the transfer of existing appurtenant 

6 McKay Creek water rights to instream use and the 

7 State’s issuance of water rights for the use of stored 

8 water. 

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

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

11 construed to— 

12 (1) modify contractual rights that may exist be13 tween the district and the United States under the 

14 district’s Reclamation contracts; 

15 (2) amend or reopen the contracts referred to 

16 in paragraph (1); or 

17 (3) modify any rights, obligations or relation18 ships that may exist between the district and its 

19 landowners as may be provided or governed by Or20 egon State law. 

Passed the House of Representatives June 5, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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