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Union Calendar No. 164 

113TH CONGRESS 

1ST SESSION H. R. 2640 

[Report No. 113–224] 

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 

SEPTEMBER 20, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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 

16 Dam’’; and 

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

18 ‘‘The developer for any hydropower develop19 ment, including turbines and appurtenant facili20 ties, at Bowman Dam, in consultation with the 

21 Bureau of Land Management, shall analyze any 

22 impacts to the Outstandingly Remarkable Val23 ues of the Wild and Scenic River that may be 

24 caused by such development, including the fu25 ture need to undertake routine and emergency 


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1 repairs, and shall propose mitigation for any 

2 impacts as part of any license application sub3 mitted to the Federal Energy Regulatory Com4 mission.’’. 

5 SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. 

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

7 1058), (as amended by the Acts of September 14, 1959 

8 (73 Stat. 554), and September 18, 1964 (78 Stat. 954)) 

9 is further amended as follows: 

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

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

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

13 there is no other discharge therefrom, but this re14 lease may be reduced for brief temporary periods by 

15 the Secretary whenever he may find that release of 

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

17 primary purpose of the project’’. 

18 (3) By adding at the end the following: ‘‘With19 out further action by the Secretary, and as deter20 mined necessary for any given year by the City of 

21 Prineville, up to seven of the 17 cubic feet per sec22 ond minimum release shall also serve as mitigation 

23 for City of Prineville groundwater pumping, pursu24 ant to and in a manner consistent with Oregon State 

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


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1 to seven cubic feet per second to coincide with City 

2 of Prineville groundwater pumping as may be re3 quired by the State of Oregon. As such, the Sec4 retary is authorized to make applications to the 

5 State of Oregon in conjunction with the City to pro6 tect these supplies instream. The City shall make 

7 payment to the Secretary for that portion of the 

8 minimum release that actually serves as mitigation 

9 pursuant to Oregon State law for the City in any 

10 given year, with the payment for any given year 

11 equal to the amount of mitigation in acre feet re12 quired to offset actual City groundwater pumping 

13 for that year in accordance with Reclamation ‘Water 

14 and Related Contract and Repayment Principles and 

15 Requirements’, Reclamation Manual Directives and 

16 Standards PEC 05–01, dated 09/12/2006, and guid17 ed by ‘Economic and Environmental Principles and 

18 Guidelines for Water and Related Land Resources 

19 Implementation Studies’, dated March 10, 1983. 

20 The Secretary is authorized to contract exclusively 

21 with the City for additional amounts in the future 

22 at the request of the City.’’. 

23 SEC. 4. FIRST FILL PROTECTION. 

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

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


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

2 amended by adding at the end the following: 

3 ‘‘SEC. 6. Other than the 17 cubic feet per second re4 lease provided for in section 4, and subject to compliance 

5 with the Army Corps of Engineers’ flood curve require6 ments, the Secretary shall, on a ‘first fill’ priority basis, 

7 store in and release from Prineville Reservoir, whether 

8 from carryover, infill, or a combination thereof, the fol9 lowing: 

10 ‘‘(1) 68,273 acre feet of water annually to fulfill 

11 all 16 Bureau of Reclamation contracts existing as 

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

13 water annually to supply the McKay Creek lands as 

14 provided for in section 5 of this Act. 

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

16 annually, to be made available to the North Unit Ir17 rigation District pursuant to a Temporary Water 

18 Service Contract, upon the request of the North 

19 Unit Irrigation District, consistent with the same 

20 terms and conditions as prior such contracts be21 tween the District and the Bureau of Reclamation. 

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

23 nothing in this Act— 


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

2 between contractors and the United States under 

3 Reclamation contracts; 

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

5 paragraph (1); or 

6 ‘‘(3) modifies any rights, obligations, or require7 ments that may be provided or governed by Oregon 

8 State law.’’. 

9 SEC. 5. OCHOCO IRRIGATION DISTRICT. 

10 (a) EARLY REPAYMENT.—Notwithstanding section 

11 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 

12 390mm), any landowner within Ochoco Irrigation District 

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

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

15 within the district. Upon discharge, in full, of the obliga16 tion for repayment of the construction costs allocated to 

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

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

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

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

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

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

23 (b) CERTIFICATION.—Upon the request of a land24 owner who has repaid, in full, the construction costs of 

25 the project facilities allocated to that landowner’s lands 


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1 owned within the district, the Secretary of the Interior 

2 shall provide the certification provided for in subsection 

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

4 1982 (43 U.S.C. 390mm(b)(1)). 

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

6 district directors and notwithstanding project authorizing 

7 legislation to the contrary, the district’s reclamation con8 tracts are modified, without further action by the Sec9 retary of the Interior, to— 

10 (1) authorize the use of water for instream pur11 poses, including fish or wildlife purposes, in order 

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

13 conserved water projects and temporary instream 

14 leasing as authorized by Oregon State law; 

15 (2) include within the district boundary ap16 proximately 2,742 acres in the vicinity of McKay 

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

18 acres within the district boundary; 

19 (3) classify as irrigable approximately 685 acres 

20 within the approximately 2,742 acres of included 

21 lands in the vicinity of McKay Creek, where the ap22 proximately 685 acres are authorized to receive irri23 gation water pursuant to water rights issued by the 

24 State of Oregon and have in the past received water 

25 pursuant to such State water rights; and 


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1 (4) provide the district with stored water from 

2 Prineville Reservoir for purposes of supplying up to 

3 the approximately 685 acres of lands added within 

4 the district boundary and classified as irrigable 

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

6 water to be supplied on an acre-per-acre basis con7 tingent on the transfer of existing appurtenant 

8 McKay Creek water rights to instream use and the 

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

10 water. 

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

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

13 construed to— 

14 (1) modify contractual rights that may exist be15 tween the district and the United States under the 

16 district’s Reclamation contracts; 

17 (2) amend or reopen the contracts referred to 

18 in paragraph (1); or 

19 (3) modify any rights, obligations or relation20 ships that may exist between the district and its 

21 landowners as may be provided or governed by Or22 egon State law. 


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Union Calendar No. 164 

113TH CONGRESS 

1ST SESSION H. R. 2640 

[Report No. 113–224] 

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 

SEPTEMBER 20, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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