H. R. 2640 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Crooked River Collaborative 

Water Security and Jobs Act of 2014’’. 

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

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

1274(a)) is amended by striking paragraph (72) and inserting the 

following: 

‘‘(72) CROOKED, OREGON.— 

‘‘(A) IN GENERAL.—The 14.75-mile segment from the 

National Grassland boundary to Dry Creek, to be administered by the Secretary of the Interior in the following 

classes: 

‘‘(i) The 7-mile segment from the National Grassland boundary to River Mile 8 south of Opal Spring, 

as a recreational river. 

‘‘(ii) The 7.75-mile segment from a point 1⁄4-mile 

downstream from the center crest of Bowman Dam, 

as a recreational river. 

‘‘(B) HYDROPOWER.—In any license or lease of power 

privilege application relating to non-Federal hydropower 

development (including turbines and appurtenant facilities) 

at Bowman Dam, the applicant, in consultation with the 

Director of the Bureau of Land Management, shall— 

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

and fishery resource values of the Crooked River from 

the center crest of Bowman Dam to a point 1⁄4-mile 

downstream that may be caused by the proposed hydropower development, including the future need to undertake routine and emergency repairs; 

‘‘(ii) propose measures to minimize and mitigate 

any impacts analyzed under clause (i); and 

‘‘(iii) propose designs and measures to ensure that 

any access facilities associated with hydropower 

development at Bowman Dam shall not impede the 

free-flowing nature of the Crooked River below Bowman Dam.’’. 
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SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. 

Section 4 of the Act of August 6, 1956 (70 Stat. 1058; 73 

Stat. 554; 78 Stat. 954) is amended— 

(1) by striking ‘‘SEC. 4. In order’’ and inserting the following: 

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

‘‘(a) IN GENERAL.—In order’’; 

(2) in subsection (a) (as so designated), by striking ‘‘during 

those months’’ and all that follows through ‘‘purpose of the 

project’’; and 

(3) by adding at the end the following: 

‘‘(b) ANNUAL RELEASE.— ‘‘(1) IN GENERAL.—Without further action by the Secretary 

of the Interior, beginning on the date of enactment of the 

Crooked River Collaborative Water Security and Jobs Act of 

2014, 5,100 acre-feet of water shall be annually released from 

the project to serve as mitigation for City of Prineville groundwater pumping, pursuant to and in a manner consistent with 

Oregon State law, including any shaping of the release of 

the water. 

‘‘(2) PAYMENTS.—The City of Prineville shall make payments to the Secretary of the Interior for the water released 

under paragraph (1), in accordance with applicable Bureau 

of Reclamation policies, directives, and standards. 

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

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 

other applicable Federal laws, the Secretary of the Interior may 

contract exclusively with the City of Prineville for additional quantities of water, at the request of the City of Prineville.’’. 

SEC. 4. ADDITIONAL PROVISIONS. 

The Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 

Stat. 954), is amended by adding at the end the following: 

‘‘SEC. 6. FIRST FILL STORAGE AND RELEASE. 

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

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

the flood curve requirements of the Corps of Engineers, the Secretary shall, on a ‘first fill’ priority basis, store in and when called 

for in any year release from Prineville Reservoir, whether from 

carryover, infill, or a combination of both, the following: 

‘‘(1) Not more than 68,273 acre-feet of water annually to 

fulfill all 16 Bureau of Reclamation contracts existing as of 

January 1, 2011. 

‘‘(2) Not more than 2,740 acre-feet of water annually to 

supply the McKay Creek land, in accordance with section 5 

of the Crooked River Collaborative Water Security and Jobs 

Act of 2014. 

‘‘(3) Not more than 10,000 acre-feet of water annually, 

to be made available first to the North Unit Irrigation District, 

and subsequently to any other holders of Reclamation contracts 

existing as of January 1, 2011 (in that order) pursuant to 

Temporary Water Service Contracts, on the request of the 

North Unit Irrigation District or the contract holders, consistent 

with the same terms and conditions as prior such contracts 

between the Bureau of Reclamation and District or contract 

holders, as applicable. 
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‘‘(4) Not more than 5,100 acre-feet of water annually to 

mitigate the City of Prineville groundwater pumping under 

section 4, with the release of this water to occur not based 

on an annual call, but instead pursuant to section 4 and the 

release schedule developed pursuant to section 7(b). 

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

released after the end of the irrigation season (either as City of 

Prineville groundwater pumping mitigation or as a voluntary 

release, in accordance with section 4 of this Act and section 6(c) 

of the Crooked River Collaborative Water Security and Jobs Act 

of 2014, respectively), any water stored under this section that 

is not called for and released by the end of the irrigation season 

in a given year shall be— 

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

for accounting purposes, shall be considered to be the 1-year 

period beginning October 1 and ending September 30, consistent 

with Oregon State law; and 

‘‘(2) accounted for as part of the ‘first fill’ storage quantities 

of the subsequent water year, but not to exceed the maximum 

‘first fill’ storage quantities described in subsection (a). 

‘‘SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER 

QUANTITIES. 

‘‘(a) AUTHORIZATION.— 

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

from Prineville Reservoir sufficient quantities of remaining 

stored quantities to be released pursuant to the annual release 

schedule under subsection (b) and to provide instream flows 

consistent, to the maximum extent practicable, with the recommendations for in-channel strategies in the plan prepared 

by the Northwest Power and Conservation Council entitled 

‘Deschutes Subbasin Plan’ and dated March 24, 2005, for flow 

between Bowman Dam and Lake Billy Chinook. 

‘‘(2) REQUIREMENTS.—In calculating the quantity of 

released water under paragraph (1), the Secretary shall— 

‘‘(A) comply with the flood curve requirements of the 

Corps of Engineers; and 

‘‘(B) credit toward the requirements of paragraph (1) 

the instream flow benefits provided by— 

‘‘(i) the quantities released under section 4; 

‘‘(ii) the ‘first fill’ quantities released under section 

6; and 

‘‘(iii) any quantities released to comply with the 

flood curve requirements of the Corps of Engineers. 

‘‘(3) USE OF UNCONTRACTED WATER.—If a consultation conducted under the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.) or an order of a court in a proceeding under 

that Act requires releases of stored water from Prineville Reservoir for fish and wildlife downstream of Bowman Dam, the 

Secretary shall use uncontracted water under paragraph (1). 

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

authorized under paragraph (1) shall be in accordance with 

Oregon State water law. 

‘‘(b) ANNUAL RELEASE SCHEDULE.—The Commissioner of Reclamation, in consultation with the Assistant Administrator of Fisheries of the National Marine Fisheries Service and the Director 

of the United States Fish and Wildlife Service, shall develop annual 
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release schedules for the remaining stored water quantities 

(including the quantities described in subsection (a) and the water 

serving as mitigation for City of Prineville groundwater pumping 

pursuant to section 4) that maximizes, to the maximum extent 

practicable, benefits to downstream fish and wildlife. 

‘‘(c) CARRYOVER.—Any water stored under subsection (a) in 

1 water year that is not released during the water year— 

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

and 

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

resources, consistent with subsection (b), until the reservoir 

reaches maximum capacity in the subsequent water year; and 

‘‘(B) once the reservoir reaches maximum capacity under 

subparagraph (A), shall be credited to the ‘first fill’ storage 

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

quantities described in section 6(a). 

‘‘(d) EFFECT.—Nothing in this section affects the authority of 

the Commissioner of Reclamation to perform all other traditional 

and routine activities associated with the Crooked River Project. 

‘‘SEC. 8. RESERVOIR LEVELS. 

‘‘The Commissioner of Reclamation shall— 

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

year; and 

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

to— 

‘‘(A) the public (including fisheries groups, recreation 

interests, and municipal and irrigation stakeholders); 

‘‘(B) the Assistant Administrator of Fisheries of the 

National Marine Fisheries Service; and 

‘‘(C) the Director of the United States Fish and Wildlife 

Service. 

‘‘SEC. 9. EFFECT. 

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

Act— 

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

contractors and the United States under Reclamation contracts; 

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

(1); or 

‘‘(3) modifies any rights, obligations, or requirements that 

may be provided or governed by Federal or Oregon State law.’’. 

SEC. 5. OCHOCO IRRIGATION DISTRICT. 

(a) EARLY REPAYMENT.— 

(1) IN GENERAL.—Notwithstanding section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner 

within Ochoco Irrigation District, Oregon (referred to in this 

section as the ‘‘district’’), may repay, at any time, the construction costs of the project facilities allocated to the land of the 

landowner within the district. 

(2) EXEMPTION FROM LIMITATIONS.—Upon discharge, in full, 

of the obligation for repayment of the construction costs allocated to all land of the landowner in the district, the land 

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

limitations of Federal reclamation law (the Act of June 17, 

1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 

and amendatory of that Act (43 U.S.C. 371 et seq.)). 
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(b) CERTIFICATION.—Upon the request of a landowner who has 

repaid, in full, the construction costs of the project facilities allocated to the land of the landowner within the district, the Secretary 

of the Interior shall provide the certification described in section 

213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C. 

390mm(b)(1)). 

(c) CONTRACT AMENDMENT.—On approval of the district directors and notwithstanding project authorizing authority to the contrary, the Reclamation contracts of the district are modified, without 

further action by the Secretary of the Interior— 

(1) to authorize the use of water for instream purposes, 

including fish or wildlife purposes, in order for the district 

to engage in, or take advantage of, conserved water projects 

and temporary instream leasing as authorized by Oregon State 

law; 

(2) to include within the district boundary approximately 

2,742 acres in the vicinity of McKay Creek, resulting in a 

total of approximately 44,937 acres within the district 

boundary; 

(3) to classify as irrigable approximately 685 acres within 

the approximately 2,742 acres of included land in the vicinity 

of McKay Creek, with those approximately 685 acres authorized 

to receive irrigation water pursuant to water rights issued 

by the State of Oregon if the acres have in the past received 

water pursuant to State water rights; and 

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

Reservoir for purposes of supplying up to the approximately 

685 acres of land added within the district boundary and classified as irrigable under paragraphs (2) and (3), with the stored 

water to be supplied on an acre-per-acre basis contingent on 

the transfer of existing appurtenant McKay Creek water rights 

to instream use and the issuance of water rights by the State 

of Oregon for the use of stored water. 

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

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

(1) modifies contractual rights that may exist between the 

district and the United States under the Reclamation contracts 

of the district; 

(2) amends or reopens the contracts referred to in paragraph (1); or 

(3) modifies any rights, obligations, or relationships that 

may exist between the district and any owner of land within 

the district, as may be provided or governed by Federal or 

Oregon State law. 

SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOLUNTARY 

RELEASES. 

(a) PARTICIPATION IN DRY-YEAR MANAGEMENT PLANNING

MEETINGS.—The Bureau of Reclamation shall participate in dryyear management planning meetings with the State of Oregon, 

the Confederated Tribes of the Warm Springs Reservation of 

Oregon, municipal, agricultural, conservation, recreation, and other 

interested stakeholders to plan for dry-year conditions. 

(b) DRY-YEAR MANAGEMENT PLAN.— 

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

of enactment of this Act, the Bureau of Reclamation shall 
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develop a dry-year management plan in coordination with the 

participants referred to in subsection (a). 

(2) REQUIREMENTS.—The plan developed under paragraph 

(1) shall only recommend strategies, measures, and actions 

that the irrigation districts and other Bureau of Reclamation 

contract holders voluntarily agree to implement. 

(3) LIMITATIONS.—Nothing in the plan developed under 

paragraph (1) shall be mandatory or self-implementing. 

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

District or other eligible Bureau of Reclamation contract holders 

have not initiated contracting with the Bureau of Reclamation 

for any quantity of the 10,000 acre feet of water described in 

subsection (a)(3) of section 6 of the Act of August 6, 1956 (70 

Stat. 1058) (as added by section 4), by June 1 of any calendar 

year, with the voluntary agreement of North Unit Irrigation District 

and other Bureau of Reclamation contract holders referred to in 

that paragraph, the Secretary may release that quantity of water 

for the benefit of downstream fish and wildlife as described in 

section 7 of that Act. 

SEC. 7. HYDROPOWER DECISION. 

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

Act, the Commissioner of Reclamation shall determine the applicability of the jurisdiction of the Commissioner of Reclamation to 

non-Federal hydropower development pursuant to— 

(1) the Memorandum of Understanding between the Federal Energy Regulatory Commission and the Bureau of Reclamation, Department of the Interior, entitled ‘‘Establishment 

of Processes for the Early Resolution of Issues Related to the 

Timely Development of Non-Federal Hydroelectric power at 

the Bureau of Reclamation Facilities’’ and signed November 

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

(2) any memorandum of understanding that is subsequent 

or related to the memorandum of understanding described in 

paragraph (1). 

SEC. 8. RELATION TO EXISTING LAWS AND STATUTORY OBLIGATIONS. 

Nothing in this Act (or an amendment made by this Act)— 

(1) provides to the Secretary the authority to store and 

release the ‘‘first fill’’ quantities provided for in section 6 of 

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

4) for any purposes other than the purposes provided for in 

that section, except for— 

(A) the potential instream use resulting from conserved 

water projects and temporary instream leasing as provided 

for in section 5(c)(1); 

(B) the potential release of additional amounts that 

may result from voluntary actions agreed to through the 

dry-year management plan developed under section 6(b); 

and 

(C) the potential release of the 10,000 acre feet for 

downstream fish and wildlife as provided for in section 

6(c); or 
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(2) alters any responsibilities under Oregon State law or 

Federal law, including section 7 of the Endangered Species 

Act (16 U.S.C. 1536). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.