II

106TH CONGRESS

2D SESSION S. 2882

To authorize the Bureau of Reclamation to conduct certain feasibility studies

to augment water supplies for the Klamath Project, Oregon and California, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 17, 2000

Mr. SMITH of Oregon (for himself and Mr. WYDEN) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

A BILL

To authorize the Bureau of Reclamation to conduct certain

feasibility studies to augment water supplies for the

Klamath Project, Oregon and California, 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 ‘‘Klamath Basin Water

5 Supply Enhancement Act of 2000’’.
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1 SEC. 2. AUTHORIZATION TO CONDUCT FEASIBILITY STUD2 IES.

3 In order to help meet the growing water supply and

4 water quality needs of the Klamath River basin, to facili5 tate the efforts of the State of Oregon to resolve water

6 rights claims in the Upper Klamath River Basin including

7 facilitation of Klamath tribal water rights claims, and to

8 reduce conflicts over water between the Upper and Lower

9 Klamath Basins, the Secretary of the Interior (hereafter

10 referred to as the ‘‘Secretary’’) is authorized and directed,

11 in consultation with affected state, local and tribal inter12 ests, to engage in feasibility studies of the following pro13 posals related to the Upper Klamath Basin and the Klam14 ath Project, a federal reclamation project in Oregon and

15 California:

16 (1) increasing the storage capacity and/or the

17 yield of the Klamath Project, including, but not lim18 ited to, the facilities of Gerber Reservoir, Upper

19 Klamath Lake, and Clear Lake;

20 (2) the potential for development of additional

21 Klamath Basin groundwater supplies to improve

22 water quantity and quality, including the effect of

23 such groundwater development on both groundwater

24 and surface water supplies.
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1 (3) various alternatives for the use or disposi2 tion of water made available by the activities author3 ized by this Act.

4 SEC. 3. LIMITATION ON CONSTRUCTION AUTHORITY.

5 (a) IN GENERAL.—Upon completion of the applicable

6 feasibility study, the Secretary is authorized to plan, de7 sign and construct modifications to existing facilities, and

8 to develop groundwater supplies. The Secretary shall bal9 ance construction and funding between project and non10 project lands, and activities for the non-project lands shall

11 be coordinated through the Oregon State Department of

12 Water Resources. Implementation of such projects shall

13 be in accordance with applicable state and local laws and

14 regulations. The Secretary may not obligate funds for

15 such projects until—

16 (1) the requirements of applicable federal laws,

17 including the National Environmental Policy Act,

18 have been met; and

19 (2) the applicable feasibility study has been pre20 pared and submitted to the Congress for a period of

21 not less than ninety calendar days.

22 (b) PROJECTS NOT AUTHORIZED FOR CONSTRUC23 TION.—Nothing in this Act authorizes the construction of

24 any new projects other than the modifications of existing

25 facilities and the development of groundwater supplies
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1 meeting the criteria of subsection (a), or that are other2 wise authorized under the Act of June 17, 1902 (82 Stat.

3 388) and all Acts amendatory thereof or supplementary

4 thereto.

5 (c) LIMITATION.—Activities funded under this Act

6 shall not be considered a supplemental or additional ben7 efit under the Act of June 17, 1902 (82 Stat. 388) and

8 all Acts amendatory thereof or supplementary thereto.

9 SEC. 4. SURVEYS.

10 To further the purposes of this Act, the Secretary

11 is authorized to compile information on native fish species

12 in the Upper Klamath River Basin upstream of Upper

13 Klamath Lake, including surveys already completed by

14 Federal agencies and other stakeholders in the Basin, and

15 is directed to complete ongoing hydrologic surveys in the

16 Klamath River Basin currently being conducted by the

17 U.S. Geological Survey.

18 SEC. 5. WATER RIGHTS

19 Nothing in this Act shall be construed to—

20 (1) create, by implication or otherwise, any re21 served water right or other right to the use of water;

22 (2) invalidate, preempt, or create any exception

23 to State water law or an interstate compact gov24 erning water;
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1 (3) alter the rights of any State to any appro2 priated share of the waters of any body or surface

3 or groundwater, whether determined by past or fu4 ture interstate compacts or by past or future legisla5 tive or final judicial allocations;

6 (4) preempt or modify any State or Federal law

7 or interstate compact dealing with water quality or

8 disposal; or

9 (5) confer upon any non-Federal entity the abil10 ity to exercise any Federal right to the waters of any

11 stream or to any groundwater resources.

12 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized such sums as necessary to carry

14 out the purposes of this Act. Activities conducted under

15 this Act shall be non-reimbursable and non-returnable.

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