I 

113TH CONGRESS 

1ST SESSION H. R. 2640 

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 

JULY 10, 2013 

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 any 

19 impacts as part of any license application sub20 mitted to the Federal Energy Regulatory Com21 mission.’’. 

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’’ the first place 

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

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

6 there is no other discharge therefrom, but this re7 lease may be reduced for brief temporary periods by 

8 the Secretary whenever he may find that release of 

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

10 primary purpose of the project’’. 

11 (3) By adding at the end the following: ‘‘With12 out further action by the Secretary, and as deter13 mined necessary for any given year by the City of 

14 Prineville, up to seven of the 17 cubic feet per sec15 ond minimum release shall also serve as mitigation 

16 for City of Prineville groundwater pumping, pursu17 ant to and in a manner consistent with Oregon State 

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

19 to seven cubic feet per second to coincide with City 

20 of Prineville groundwater pumping as may be re21 quired by the State of Oregon. As such, the Sec22 retary is authorized to make applications to the 

23 State of Oregon in conjunction with the City to pro24 tect these supplies instream. The City shall make 

25 payment to the Secretary for that portion of the 


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1 minimum release that actually serves as mitigation 

2 pursuant to Oregon State law for the City in any 

3 given year, with the payment for any given year 

4 equal to the amount of mitigation in acre feet re5 quired to offset actual City groundwater pumping 

6 for that year in accordance with Reclamation ‘Water 

7 and Related Contract and Repayment Principles and 

8 Requirements’, Reclamation Manual Directives and 

9 Standards PEC 05–01, dated 09/12/2006, and guid10 ed by ‘Economic and Environmental Principles and 

11 Guidelines for Water and Related Land Resources 

12 Implementation Studies’, dated March 10, 1983. 

13 The Secretary is authorized to contract exclusively 

14 with the City for additional amounts in the future 

15 at the request of the City.’’. 

16 SEC. 4. FIRST FILL PROTECTION. 

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

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

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

20 amended by adding at the end the following: 

21 ‘‘SEC. 6. Other than the 17 cubic feet per second re22 lease provided for in section 4, and subject to compliance 

23 with the Army Corps of Engineers’ flood curve require24 ments, the Secretary shall, on a ‘first fill’ priority basis, 

25 store in and release from Prineville Reservoir, whether 


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1 from carryover, infill, or a combination thereof, the fol2 lowing: 

3 ‘‘(1) 68,273 acre feet of water annually to fulfill 

4 all 16 Bureau of Reclamation contracts existing as 

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

6 water annually to supply the McKay Creek lands as 

7 provided for in section 5 of this Act. 

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

9 annually, to be made available to the North Unit Ir10 rigation District pursuant to a Temporary Water 

11 Service Contract, upon the request of the North 

12 Unit Irrigation District, consistent with the same 

13 terms and conditions as prior such contracts be14 tween the District and the Bureau of Reclamation. 

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

16 nothing in this Act— 

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

18 between contractors and the United States under 

19 Reclamation contracts; 

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

21 paragraph (1); or 

22 ‘‘(3) modifies any rights, obligations, or require23 ments that may be provided or governed by Oregon 

24 State law.’’. 


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1 SEC. 5. OCHOCO IRRIGATION DISTRICT. 

2 (a) EARLY REPAYMENT.—Notwithstanding section 

3 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 

4 390mm), any landowner within Ochoco Irrigation District 

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

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

7 within the district. Upon discharge, in full, of the obliga8 tion for repayment of the construction costs allocated to 

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

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

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

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

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

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

15 (b) CERTIFICATION.—Upon the request of a land16 owner who has repaid, in full, the construction costs of 

17 the project facilities allocated to that landowner’s lands 

18 owned within the district, the Secretary of the Interior 

19 shall provide the certification provided for in subsection 

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

21 1982 (43 U.S.C. 390mm(b)(1)). 

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

23 district directors and notwithstanding project authorizing 

24 legislation to the contrary, the district’s reclamation con25 tracts are modified, without further action by the Sec26 retary of the Interior, to— 


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1 (1) authorize the use of water for instream pur2 poses, including fish or wildlife purposes, in order 

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

4 conserved water projects and temporary instream 

5 leasing as authorized by Oregon State law; 

6 (2) include within the district boundary ap7 proximately 2,742 acres in the vicinity of McKay 

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

9 acres within the district boundary; 

10 (3) classify as irrigable approximately 685 acres 

11 within the approximately 2,742 acres of included 

12 lands in the vicinity of McKay Creek, where the ap13 proximately 685 acres are authorized to receive irri14 gation water pursuant to water rights issued by the 

15 State of Oregon and have in the past received water 

16 pursuant to such State water rights; and 

17 (4) provide the district with stored water from 

18 Prineville Reservoir for purposes of supplying up to 

19 the approximately 685 acres of lands added within 

20 the district boundary and classified as irrigable 

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

22 water to be supplied on an acre-per-acre basis con23 tingent on the transfer of existing appurtenant 

24 McKay Creek water rights to instream use and the 


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

2 water. 

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

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

5 construed to— 

6 (1) modify contractual rights that may exist be7 tween the district and the United States under the 

8 district’s Reclamation contracts; 

9 (2) amend or reopen the contracts referred to 

10 in paragraph (1); or 

11 (3) modify any rights, obligations or relation12 ships that may exist between the district and its 

13 landowners as may be provided or governed by Or14 egon State law. 

Æ 


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