In the Senate of the United States, 

December 11, 2014. 

Resolved, That the bill from the House of Representatives (H.R. 2640) entitled ‘‘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.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Crooked River Collabo3 rative Water Security and Jobs Act of 2014’’. 

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

5 Section 3(a) of the Wild and Scenic Rivers Act (16 

6 U.S.C. 1274(a)) is amended by striking paragraph (72) and 

7 inserting the following: 

8 ‘‘(72) CROOKED, OREGON.— 
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1 ‘‘(A) IN GENERAL.—The 14.75-mile segment 

2 from the National Grassland boundary to Dry 

3 Creek, to be administered by the Secretary of the 

4 Interior in the following classes: 

5 ‘‘(i) The 7-mile segment from the Na6 tional Grassland boundary to River Mile 8 

7 south of Opal Spring, as a recreational 

8 river. 

9 ‘‘(ii) The 7.75-mile segment from a 

point 1 10 ⁄4-mile downstream from the center 

11 crest of Bowman Dam, as a recreational 

12 river. 

13 ‘‘(B) HYDROPOWER.—In any license or 

14 lease of power privilege application relating to 

15 non-Federal hydropower development (including 

16 turbines and appurtenant facilities) at Bowman 

17 Dam, the applicant, in consultation with the Di18 rector of the Bureau of Land Management, 

19 shall— 

20 ‘‘(i) analyze any impacts to the scenic, 

21 recreational, and fishery resource values of 

22 the Crooked River from the center crest of 

Bowman Dam to a point 1 23 ⁄4-mile down24 stream that may be caused by the proposed 

25 hydropower development, including the fu-
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1 ture need to undertake routine and emer2 gency repairs; 

3 ‘‘(ii) propose measures to minimize 

4 and mitigate any impacts analyzed under 

5 clause (i); and 

6 ‘‘(iii) propose designs and measures to 

7 ensure that any access facilities associated 

8 with hydropower development at Bowman 

9 Dam shall not impede the free-flowing na10 ture of the Crooked River below Bowman 

11 Dam.’’. 

12 SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. 

13 Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 

14 73 Stat. 554; 78 Stat. 954) is amended— 

15 (1) by striking ‘‘SEC. 4. In order’’ and inserting 

16 the following: 

17 ‘‘SEC. 4. CITY OF PRINEVILLE WATER SUPPLY. 

18 ‘‘(a) IN GENERAL.—In order’’; 

19 (2) in subsection (a) (as so designated), by strik20 ing ‘‘during those months’’ and all that follows 

21 through ‘‘purpose of the project’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(b) ANNUAL RELEASE.— 

24 ‘‘(1) IN GENERAL.—Without further action by 

25 the Secretary of the Interior, beginning on the date of 
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1 enactment of the Crooked River Collaborative Water 

2 Security and Jobs Act of 2014, 5,100 acre-feet of 

3 water shall be annually released from the project to 

4 serve as mitigation for City of Prineville groundwater 

5 pumping, pursuant to and in a manner consistent 

6 with Oregon State law, including any shaping of the 

7 release of the water. 

8 ‘‘(2) PAYMENTS.—The City of Prineville shall 

9 make payments to the Secretary of the Interior for the 

10 water released under paragraph (1), in accordance 

11 with applicable Bureau of Reclamation policies, di12 rectives, and standards. 

13 ‘‘(c) ADDITIONAL QUANTITIES.—Consistent with the 

14 National Environmental Policy Act of 1969 (42 U.S.C. 

15 4321 et seq.), the Endangered Species Act of 1973 (16 

16 U.S.C. 1531 et seq.), and other applicable Federal laws, the 

17 Secretary of the Interior may contract exclusively with the 

18 City of Prineville for additional quantities of water, at the 

19 request of the City of Prineville.’’. 

20 SEC. 4. ADDITIONAL PROVISIONS. 

21 The Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 

22 554; 78 Stat. 954), is amended by adding at the end the 

23 following: 
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1 ‘‘SEC. 6. FIRST FILL STORAGE AND RELEASE. 

2 ‘‘(a) IN GENERAL.—Other than the 10 cubic feet per 

3 second release provided for in section 4, and subject to com4 pliance with the flood curve requirements of the Corps of 

5 Engineers, the Secretary shall, on a ‘first fill’ priority basis, 

6 store in and when called for in any year release from 

7 Prineville Reservoir, whether from carryover, infill, or a 

8 combination of both, the following: 

9 ‘‘(1) Not more than 68,273 acre-feet of water an10 nually to fulfill all 16 Bureau of Reclamation con11 tracts existing as of January 1, 2011. 

12 ‘‘(2) Not more than 2,740 acre-feet of water an13 nually to supply the McKay Creek land, in accord14 ance with section 5 of the Crooked River Collaborative 

15 Water Security and Jobs Act of 2014. 

16 ‘‘(3) Not more than 10,000 acre-feet of water an17 nually, to be made available first to the North Unit 

18 Irrigation District, and subsequently to any other 

19 holders of Reclamation contracts existing as of Janu20 ary 1, 2011 (in that order) pursuant to Temporary 

21 Water Service Contracts, on the request of the North 

22 Unit Irrigation District or the contract holders, con23 sistent with the same terms and conditions as prior 

24 such contracts between the Bureau of Reclamation 

25 and District or contract holders, as applicable. 
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1 ‘‘(4) Not more than 5,100 acre-feet of water an2 nually to mitigate the City of Prineville groundwater 

3 pumping under section 4, with the release of this 

4 water to occur not based on an annual call, but in5 stead pursuant to section 4 and the release schedule 

6 developed pursuant to section 7(b). 

7 ‘‘(b) CARRYOVER.—Except for water that may be 

8 called for and released after the end of the irrigation season 

9 (either as City of Prineville groundwater pumping mitiga10 tion or as a voluntary release, in accordance with section 

11 4 of this Act and section 6(c) of the Crooked River Collabo12 rative Water Security and Jobs Act of 2014, respectively), 

13 any water stored under this section that is not called for 

14 and released by the end of the irrigation season in a given 

15 year shall be— 

16 ‘‘(1) carried over to the subsequent water year, 

17 which, for accounting purposes, shall be considered to 

18 be the 1-year period beginning October 1 and ending 

19 September 30, consistent with Oregon State law; and 

20 ‘‘(2) accounted for as part of the ‘first fill’ stor21 age quantities of the subsequent water year, but not 

22 to exceed the maximum ‘first fill’ storage quantities 

23 described in subsection (a). 
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1 ‘‘SEC. 7. STORAGE AND RELEASE OF REMAINING STORED 

2 WATER QUANTITIES. 

3 ‘‘(a) AUTHORIZATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall store in 

5 and release from Prineville Reservoir sufficient quan6 tities of remaining stored quantities to be released 

7 pursuant to the annual release schedule under sub8 section (b) and to provide instream flows consistent, 

9 to the maximum extent practicable, with the rec10 ommendations for in-channel strategies in the plan 

11 prepared by the Northwest Power and Conservation 

12 Council entitled ‘Deschutes Subbasin Plan’ and dated 

13 March 24, 2005, for flow between Bowman Dam and 

14 Lake Billy Chinook. 

15 ‘‘(2) REQUIREMENTS.—In calculating the quan16 tity of released water under paragraph (1), the Sec17 retary shall— 

18 ‘‘(A) comply with the flood curve require19 ments of the Corps of Engineers; and 

20 ‘‘(B) credit toward the requirements of 

21 paragraph (1) the instream flow benefits pro22 vided by— 

23 ‘‘(i) the quantities released under sec24 tion 4; 

25 ‘‘(ii) the ‘first fill’ quantities released 

26 under section 6; and 
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1 ‘‘(iii) any quantities released to com2 ply with the flood curve requirements of the 

3 Corps of Engineers. 

4 ‘‘(3) USE OF UNCONTRACTED WATER.—If a con5 sultation conducted under the Endangered Species 

6 Act of 1973 (16 U.S.C. 1531 et seq.) or an order of 

7 a court in a proceeding under that Act requires re8 leases of stored water from Prineville Reservoir for 

9 fish and wildlife downstream of Bowman Dam, the 

10 Secretary shall use uncontracted water under para11 graph (1). 

12 ‘‘(4) STATE WATER LAW.—All releases and 

13 downstream uses authorized under paragraph (1) 

14 shall be in accordance with Oregon State water law. 

15 ‘‘(b) ANNUAL RELEASE SCHEDULE.—The Commis16 sioner of Reclamation, in consultation with the Assistant 

17 Administrator of Fisheries of the National Marine Fisheries 

18 Service and the Director of the United States Fish and 

19 Wildlife Service, shall develop annual release schedules for 

20 the remaining stored water quantities (including the quan21 tities described in subsection (a) and the water serving as 

22 mitigation for City of Prineville groundwater pumping 

23 pursuant to section 4) that maximizes, to the maximum ex24 tent practicable, benefits to downstream fish and wildlife. 
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1 ‘‘(c) CARRYOVER.—Any water stored under subsection 

2 (a) in 1 water year that is not released during the water 

3 year— 

4 ‘‘(1) shall be carried over to the subsequent water 

5 year; and 

6 ‘‘(2)(A) may be released for downstream fish and 

7 wildlife resources, consistent with subsection (b), until 

8 the reservoir reaches maximum capacity in the subse9 quent water year; and 

10 ‘‘(B) once the reservoir reaches maximum capac11 ity under subparagraph (A), shall be credited to the 

12 ‘first fill’ storage quantities, but not to exceed the 

13 maximum ‘first fill’ storage quantities described in 

14 section 6(a). 

15 ‘‘(d) EFFECT.—Nothing in this section affects the au16 thority of the Commissioner of Reclamation to perform all 

17 other traditional and routine activities associated with the 

18 Crooked River Project. 

19 ‘‘SEC. 8. RESERVOIR LEVELS. 

20 ‘‘The Commissioner of Reclamation shall— 

21 ‘‘(1) project reservoir water levels over the course 

22 of the year; and 

23 ‘‘(2) make the projections under paragraph (1) 

24 available to— 
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1 ‘‘(A) the public (including fisheries groups, 

2 recreation interests, and municipal and irriga3 tion stakeholders); 

4 ‘‘(B) the Assistant Administrator of Fish5 eries of the National Marine Fisheries Service; 

6 and 

7 ‘‘(C) the Director of the United States Fish 

8 and Wildlife Service. 

9 ‘‘SEC. 9. EFFECT. 

10 ‘‘Except as otherwise provided in this Act, nothing in 

11 this Act— 

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

13 between contractors and the United States under Rec14 lamation contracts; 

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

16 paragraph (1); or 

17 ‘‘(3) modifies any rights, obligations, or require18 ments that may be provided or governed by Federal 

19 or Oregon State law.’’. 

20 SEC. 5. OCHOCO IRRIGATION DISTRICT. 

21 (a) EARLY REPAYMENT.— 

22 (1) IN GENERAL.—Notwithstanding section 213 

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

24 390mm), any landowner within Ochoco Irrigation 

25 District, Oregon (referred to in this section as the 
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1 ‘‘district’’), may repay, at any time, the construction 

2 costs of the project facilities allocated to the land of 

3 the landowner within the district. 

4 (2) EXEMPTION FROM LIMITATIONS.—Upon dis5 charge, in full, of the obligation for repayment of the 

6 construction costs allocated to all land of the land7 owner in the district, the land shall not be subject to 

8 the ownership and full-cost pricing limitations of 

9 Federal reclamation law (the Act of June 17, 1902 

10 (32 Stat. 388, chapter 1093), and Acts supplemental 

11 to and amendatory of that Act (43 U.S.C. 371 et 

12 seq.)). 

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

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

15 facilities allocated to the land of the landowner within the 

16 district, the Secretary of the Interior shall provide the cer17 tification described in section 213(b)(1) of the Reclamation 

18 Reform Act of 1982 (43 U.S.C. 390mm(b)(1)). 

19 (c) CONTRACT AMENDMENT.—On approval of the dis20 trict directors and notwithstanding project authorizing au21 thority to the contrary, the Reclamation contracts of the 

22 district are modified, without further action by the Sec23 retary of the Interior— 

24 (1) to authorize the use of water for instream 

25 purposes, including fish or wildlife purposes, in order 
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1 for the district to engage in, or take advantage of, 

2 conserved water projects and temporary instream 

3 leasing as authorized by Oregon State law; 

4 (2) to include within the district boundary ap5 proximately 2,742 acres in the vicinity of McKay 

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

7 acres within the district boundary; 

8 (3) to classify as irrigable approximately 685 

9 acres within the approximately 2,742 acres of in10 cluded land in the vicinity of McKay Creek, with 

11 those approximately 685 acres authorized to receive 

12 irrigation water pursuant to water rights issued by 

13 the State of Oregon if the acres have in the past re14 ceived water pursuant to State water rights; and 

15 (4) to provide the district with stored water from 

16 Prineville Reservoir for purposes of supplying up to 

17 the approximately 685 acres of land added within the 

18 district boundary and classified as irrigable under 

19 paragraphs (2) and (3), with the stored water to be 

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

21 transfer of existing appurtenant McKay Creek water 

22 rights to instream use and the issuance of water 

23 rights by the State of Oregon for the use of stored 

24 water. 
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1 (d) LIMITATION.—Except as otherwise provided in 

2 subsections (a) and (c), nothing in this section— 

3 (1) modifies contractual rights that may exist be4 tween the district and the United States under the 

5 Reclamation contracts of the district; 

6 (2) amends or reopens the contracts referred to 

7 in paragraph (1); or 

8 (3) modifies any rights, obligations, or relation9 ships that may exist between the district and any 

10 owner of land within the district, as may be provided 

11 or governed by Federal or Oregon State law. 

12 SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOL13 UNTARY RELEASES. 

14 (a) PARTICIPATION IN DRY-YEAR MANAGEMENT PLAN15 NING MEETINGS.—The Bureau of Reclamation shall par16 ticipate in dry-year management planning meetings with 

17 the State of Oregon, the Confederated Tribes of the Warm 

18 Springs Reservation of Oregon, municipal, agricultural, 

19 conservation, recreation, and other interested stakeholders 

20 to plan for dry-year conditions. 

21 (b) DRY-YEAR MANAGEMENT PLAN.— 

22 (1) IN GENERAL.—Not later than 3 years after 

23 the date of enactment of this Act, the Bureau of Rec24 lamation shall develop a dry-year management plan 
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1 in coordination with the participants referred to in 

2 subsection (a). 

3 (2) REQUIREMENTS.—The plan developed under 

4 paragraph (1) shall only recommend strategies, meas5 ures, and actions that the irrigation districts and 

6 other Bureau of Reclamation contract holders volun7 tarily agree to implement. 

8 (3) LIMITATIONS.—Nothing in the plan devel9 oped under paragraph (1) shall be mandatory or self10 implementing. 

11 (c) VOLUNTARY RELEASE.—In any year, if North 

12 Unit Irrigation District or other eligible Bureau of Rec13 lamation contract holders have not initiated contracting 

14 with the Bureau of Reclamation for any quantity of the 

15 10,000 acre feet of water described in subsection (a)(3) of 

16 section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as 

17 added by section 4), by June 1 of any calendar year, with 

18 the voluntary agreement of North Unit Irrigation District 

19 and other Bureau of Reclamation contract holders referred 

20 to in that paragraph, the Secretary may release that quan21 tity of water for the benefit of downstream fish and wildlife 

22 as described in section 7 of that Act. 

23 SEC. 7. HYDROPOWER DECISION. 

24 Not later than 3 years after the date of enactment of 

25 this Act, the Commissioner of Reclamation shall determine 
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1 the applicability of the jurisdiction of the Commissioner of 

2 Reclamation to non-Federal hydropower development pur3 suant to— 

4 (1) the Memorandum of Understanding between 

5 the Federal Energy Regulatory Commission and the 

6 Bureau of Reclamation, Department of the Interior, 

7 entitled ‘‘Establishment of Processes for the Early 

8 Resolution of Issues Related to the Timely Develop9 ment of Non-Federal Hydroelectric power at the Bu10 reau of Reclamation Facilities’’ and signed November 

11 6, 1992 (58 Fed. Reg. 3269); or 

12 (2) any memorandum of understanding that is 

13 subsequent or related to the memorandum of under14 standing described in paragraph (1). 

15 SEC. 8. RELATION TO EXISTING LAWS AND STATUTORY OB16 LIGATIONS. 

17 Nothing in this Act (or an amendment made by this 

18 Act)— 

19 (1) provides to the Secretary the authority to 

20 store and release the ‘‘first fill’’ quantities provided 

21 for in section 6 of the Act of August 6, 1956 (70 Stat. 

22 1058) (as added by section 4) for any purposes other 

23 than the purposes provided for in that section, except 

24 for— 
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1 (A) the potential instream use resulting 

2 from conserved water projects and temporary 

3 instream leasing as provided for in section 

4 5(c)(1); 

5 (B) the potential release of additional 

6 amounts that may result from voluntary actions 

7 agreed to through the dry-year management plan 

8 developed under section 6(b); and 

9 (C) the potential release of the 10,000 acre 

10 feet for downstream fish and wildlife as provided 

11 for in section 6(c); or 

12 (2) alters any responsibilities under Oregon 

13 State law or Federal law, including section 7 of the 

14 Endangered Species Act (16 U.S.C. 1536). 

Attest: 

Secretary. 

113TH CONGRESS 

2D SESSION H.R. 2640 

AMENDMENT