II 

Calendar No. 332 

114TH CONGRESS 

1ST SESSION S. 1694 

[Report No. 114–187] 

To amend Public Law 103–434 to authorize Phase III of the Yakima River 

Basin Water Enhancement Project for the purposes of improving water 

management in the Yakima River basin, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2015 

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

DECEMBER 16, 2015 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend Public Law 103–434 to authorize Phase III of 

the Yakima River Basin Water Enhancement Project 

for the purposes of improving water management in the 

Yakima River basin, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Yakima River Basin 

3 Water Enhancement Project Phase III Act of 2015’’. 

4 SEC. 2. MODIFICATION OF TERMS, PURPOSES, AND DEFINI5 TIONS. 

6 (a) MODIFICATION OF TERMS.— 

7 (1) IN GENERAL.—Title XII of Public Law 

8 103–434 (108 Stat. 4550) is amended— 

9 (A) by striking ‘‘Yakama Indian’’ each 

10 place it appears and inserting ‘‘Yakama’’; and 

11 (B) by striking ‘‘Superintendent’’ each 

12 place it appears and inserting ‘‘Manager’’. 

13 (2) HEADING AMENDMENTS.—Section 1204 of 

14 Public Law 103–434 (108 Stat. 4555) is amended— 

15 (A) in the section heading by striking ‘‘IN16 DIAN’’; and 

17 (B) in subsection (g), in the subsection 

18 heading, by striking ‘‘YAKAMA INDIAN NA19 TION’’ and inserting ‘‘YAKAMA NATION’’. 

20 (b) MODIFICATION OF PURPOSES.—Section 1201 of 

21 Public Law 103–434 (108 Stat. 4550) is amended— 

22 (1) by striking paragraph (1) and inserting the 

23 following: 

24 ‘‘(1) to protect, mitigate, and enhance fish and 

25 wildlife and the recovery and maintenance of self26 sustaining harvestable populations of fish and other 


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1 aquatic life, both anadromous and resident species, 

2 throughout their historic distribution range in the 

3 Yakima Basin through— 

4 ‘‘(A) improved water management and the 

5 constructions of fish passage at storage and di6 version dams, as authorized under the Hoover 

7 Power Plant Act of 1984 (43 U.S.C. 619 et 

8 seq.); 

9 ‘‘(B) improved instream flows and water 

10 supplies; 

11 ‘‘(C) improved water quality, watershed, 

12 and ecosystem function; 

13 ‘‘(D) protection, creation, and enhance14 ment of wetlands; and 

15 ‘‘(E) other appropriate means of habitat 

16 improvement;’’; 

17 (2) in paragraph (2), by inserting ‘‘, municipal, 

18 industrial, and domestic water supply and use pur19 poses, especially during drought years, including re20 ducing the frequency and severity of water supply 

21 shortages for pro-ratable irrigation entities’’ before 

22 the semicolon at the end; 

23 (3) by striking paragraph (4); 

24 (4) by redesignating paragraph (3) as para25 graph (4); 


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1 (5) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) to authorize the Secretary to make water 

4 available for purchase or lease for meeting munic5 ipal, industrial, and domestic water supply pur6 poses;’’; 

7 (6) in paragraph (5), by striking ‘‘and’’ at the 

8 end; 

9 (7) in paragraph (6), by striking the period at 

10 the end and inserting a semicolon; and 

11 (8) by adding at the end the following: 

12 ‘‘(7) to improve the resilience of the ecosystems, 

13 economies, and communities in the Basin as they 

14 faced drought, climate variability, and climate 

15 change, for the benefit of both the people and the 

16 fish and wildlife of the region; and 

17 ‘‘(8) to authorize and implement the Yakima 

18 River Basin Integrated Water Resources Manage19 ment Plan as Phase III of the Yakima River Basin 

20 Water Enhancement Project, in a balanced approach 

21 to maximize benefits to the communities and envi22 ronment in the Basin.’’. 

23 (c) MODIFICATION OF DEFINITIONS.—Section 1202 

24 of Public Law 103–434 (108 Stat. 4550) is amended— 


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1 (1) by redesignating paragraphs (6), (7), (8), 

2 (9), (10), (11), (12), (13), and (14) as paragraphs 

3 (7), (10), (11), (12), (13), (14), (15), (17), and 

4 (19), respectively; 

5 (2) by inserting after paragraph (5) the fol6 lowing: 

7 ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The 

8 term ‘designated Federal official’ means the Com9 missioner of Reclamation (or a designee), acting 

10 pursuant to the charter of the Conservation Advisory 

11 Group.’’; 

12 (3) by inserting after paragraph (7) (as redesig13 nated by paragraph (1)) the following: 

14 ‘‘(8) MANAGEMENT PLAN.—The term ‘Manage15 ment Plan’ means the plan described in the docu16 ment entitled ‘Final Programmatic Environmental 

17 Impact Statement and Integrated Water Resource 

18 Management Plan, Yakima River Basin, Water En19 hancement Project, Benton, Kittitas, Klickitat, and 

20 Yakima Counties, WA’ (77 Fed. Reg. 12076 (Feb21 ruary 28, 2012)). 

22 ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC

23 WATER SUPPLY AND USE.—The term ‘municipal, in24 dustrial, and domestic water supply and use’ means 

25 the supply and use of water for— 


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1 ‘‘(A) domestic consumption (whether urban 

2 or rural); 

3 ‘‘(B) maintenance and protection of public 

4 health and safety; 

5 ‘‘(C) manufacture, fabrication, processing, 

6 assembly, or other production of a good or com7 modity; 

8 ‘‘(D) production of energy; 

9 ‘‘(E) fish hatcheries; or 

10 ‘‘(F) any conservation activity relating to a 

11 use described in any of subparagraphs (A) 

12 through (E).’’; 

13 (4) by inserting after paragraph (15) (as redes14 ignated by paragraph (1)) the following: 

15 ‘‘(16) WORK GROUP.—The term ‘Work Group’ 

16 means the work group that— 

17 ‘‘(A) is identified in section 90.38.010(2) 

18 of the Revised Code of Washington as respon19 sible for development of the Management Plan; 

20 ‘‘(B) includes representatives of— 

21 ‘‘(i) the Yakama Nation; 

22 ‘‘(ii) Federal and State governments; 

23 ‘‘(iii) participating county and city 

24 governments; 

25 ‘‘(iv) environmental organizations; and 


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1 ‘‘(v) irrigation districts; and 

2 ‘‘(C) is not subject to the Federal Advisory 

3 Committee Act (5 U.S.C. App.).’’; and 

4 (5) by inserting after paragraph (17) (as redes5 ignated by paragraph (1)) the following: 

6 ‘‘(18) YAKIMA ENHANCEMENT PROJECT; YAK7 IMA RIVER BASIN WATER ENHANCEMENT

8 PROJECT.—The terms ‘Yakima Enhancement 

9 Project’ and ‘Yakima River Basin Water Enhance10 ment Project’ mean the Yakima River basin water 

11 enhancement project authorized by Congress pursu12 ant to this Act and other Acts (including Public Law 

13 96–162 (93 Stat. 1241), section 109 of Public Law 

14 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub15 lic Law 105–62 (111 Stat. 1320), and Public Law 

16 106–372 (114 Stat. 1425)) to promote water con17 servation, water supply, habitat, and stream en18 hancement improvements in the Yakima River 

19 basin.’’. 

20 SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO21 GRAM. 

22 Section 1203 of Public Law 103–434 (108 Stat. 

23 4551) is amended— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (1), by striking ‘‘title’’ 

2 and inserting ‘‘section’’; and 

3 (B) in paragraph (2), by striking ‘‘irriga4 tion’’ and inserting ‘‘the number of irrigated 

5 acres’’; 

6 (2) in subsection (c)— 

7 (A) in paragraph (2)— 

8 (i) in each of subparagraphs (A) 

9 through (D), by striking the comma at the 

10 end and inserting a semicolon; 

11 (ii) in subparagraph (E), by striking 

12 the comma at the end and inserting ‘‘; 

13 and’’; 

14 (iii) in subparagraph (F), by striking 

15 ‘‘Department of Wildlife of the State of 

16 Washington, and’’ and inserting ‘‘Depart17 ment of Fish and Wildlife of the State of 

18 Washington.’’; and 

19 (iv) by striking subparagraph (G); 

20 (B) in paragraph (3)— 

21 (i) in each of subparagraphs (A) 

22 through (C), by striking the comma at the 

23 end and inserting a semicolon; 

24 (ii) in subparagraph (D), by striking 

25 ‘‘, and’’ and inserting a semicolon; 


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1 (iii) in subparagraph (E), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(F) provide recommendations to advance 

7 the purposes and programs of the Yakima En8 hancement Project.’’; and 

9 (C) by striking paragraph (4) and insert10 ing the following: 

11 ‘‘(4) DESIGNATED FEDERAL OFFICIAL.—The 

12 designated Federal official— 

13 ‘‘(A) shall arrange and provide logistical 

14 support for meetings of the Conservation Advi15 sory Group; 

16 ‘‘(B) may use a facilitator to serve as a 

17 moderator for meetings of the Conservation Ad18 visory Group or provide additional logistical 

19 support; and 

20 ‘‘(C) shall grant any request for a 

21 facilitator by any member of the Conservation 

22 Advisory Group.’’; 

23 (3) in subsection (d), by adding at the end the 

24 following: 


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1 ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR

2 FEDERAL GOVERNMENT.—The State or the Federal 

3 Government may fund not more than the 17.5 per4 cent local share of the costs of the Basin Conserva5 tion Program in exchange for the long-term use of 

6 conserved water.’’; 

7 (4) in subsection (e), by striking the first sen8 tence and inserting the following: ‘‘To participate in 

9 the Basin Conservation Program, as described in 

10 subsection (b), an entity shall submit to the Sec11 retary a proposed water conservation plan.’’; 

12 (5) in subsection (i)(3)— 

13 (A) by striking ‘‘purchase or lease’’ each 

14 place it appears and inserting ‘‘purchase, lease, 

15 or management’’; and 

16 (B) in the third sentence, by striking 

17 ‘‘made immediately upon availability’’ and all 

18 that follows through ‘‘Committee’’ and inserting 

19 ‘‘continued as needed to provide water to be 

20 used by the Yakima Project Manager as rec21 ommended by the System Operations Advisory 

22 Committee and the Conservation Advisory 

23 Group’’; and 

24 (6) in subsection (j)(4), in the first sentence, by 

25 striking ‘‘initial acquisition’’ and all that follows 


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1 through ‘‘flushing flows’’ and inserting ‘‘acquisition 

2 of water from willing sellers or lessors specifically to 

3 provide improved instream flows for anadromous 

4 and resident fish and other aquatic life, including 

5 pulse flows to facilitate outward migration of anad6 romous fish’’. 

7 SEC. 4. YAKIMA BASIN WATER PROJECTS, OPERATIONS, 

8 AND AUTHORIZATIONS. 

9 (a) YAKIMA NATION PROJECTS.—Section 1204(a)(2) 

10 of Public Law 103–434 (108 Stat. 4556) is amended in 

11 the first sentence by striking ‘‘not more than 

12 $23,000,000’’ and inserting ‘‘not more than $49,000,000, 

13 at September 2000 prices, plus or minus such amounts 

14 as may be justified by reason of ordinary fluctuations of 

15 applicable cost indexes,’’. 

16 (b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec17 tion 1205 of Public Law 103–434 (108 Stat. 4557) is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (4)— 

21 (i) in subparagraph (A)— 

22 (I) in clause (i)— 

23 (aa) by inserting ‘‘addi24 tional’’ after ‘‘secure’’; 


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1 (bb) by striking ‘‘flushing’’ 

2 and inserting ‘‘pulse’’; and 

3 (cc) by striking ‘‘uses’’ and 

4 inserting ‘‘uses, in addition to the 

5 quantity of water provided under 

6 the treaty between the Yakama 

7 Nation and the United States’’; 

8 (II) by striking clause (ii); 

9 (III) by redesignating clause (iii) 

10 as clause (ii); and 

11 (IV) in clause (ii) (as so redesig12 nated) by inserting ‘‘and water rights 

13 mandated’’ after ‘‘goals’’; 

14 (ii) in subparagraph (B)— 

15 (I) in clause (i), in the first sen16 tence, by inserting ‘‘in proportion to 

17 the funding received’’ after ‘‘Pro18 gram’’; and 

19 (II) by adding at the end the fol20 lowing: 

21 ‘‘(iii) CALCULATIONS AND DETER22 MINATIONS.—The Yakima Project Man23 ager shall— 

24 ‘‘(I) calculate the total amount of 

25 water conserved and acquired; 


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1 ‘‘(II) determine the amount of 

2 water available each year for the pur3 pose of delivering or storing Project 

4 water for instream flows at variable 

5 rates (shaping), considering Yakima 

6 Project operational constraints; and 

7 ‘‘(III) in consultation with the 

8 System Operations Advisory Com9 mittee, determine how and when the 

10 available water will be delivered or 

11 stored. 

12 ‘‘(iv) USE OF CERTAIN PORTION.— 

13 The Yakima Project Manager, in consulta14 tion with the Systems Operations Advisory 

15 Committee, irrigation districts, and the 

16 Conservation Advisory Group, may acquire, 

17 manage, and use all or a portion of the irrigation district’s 1 18 ⁄3 portion of the saved 

19 water resulting from conservation meas20 ures taken under this title to increase tar21 get flows or otherwise deliver Yakima 

22 Project water for instream flows. The right 

23 to use that water must be acquired by the 

24 Bureau of Reclamation or the State of 

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1 reau of Reclamation, from any willing irri2 gation district seller through purchase, do3 nation, or lease. During drought years, 

4 when the Yakima Project proration level is 

5 set at 70 percent or less of full entitlement, the 1 6 ⁄3 portion of the saved water ac7 quired under this title may be used to sup8 plement the irrigation districts’ and other 

9 entities’ water supply under the total water 

10 supply available only if the saved water is 

11 in priority during that time, unless provi12 sions are made to the contrary as a condi13 tion of purchase.’’; and 

14 (iii) by striking subparagraph (D); 

15 and 

16 (B) by striking paragraph (6); 

17 (2) in subsection (b) (as amended by section 

18 2(a)(1)(B)), in the second sentence, by striking 

19 ‘‘instream flows for use by the Yakima Project Man20 ager as flushing flows or as otherwise’’ and inserting 

21 ‘‘fishery purposes, as’’; and 

22 (3) in subsection (e), by striking paragraph (1) 

23 and inserting the following: 

24 ‘‘(1) IN GENERAL.—Additional purposes of the 

25 Yakima Project shall be any of the following: 


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1 ‘‘(A) To recover and maintain self-sus2 taining harvestable populations of native fish, 

3 both anadromous and resident species, through4 out their historic distribution range in the Yak5 ima Basin. 

6 ‘‘(B) To protect, mitigate, and enhance 

7 aquatic life and wildlife. 

8 ‘‘(C) Recreation. 

9 ‘‘(D) Municipal, industrial, and domestic 

10 use.’’. 

11 (c) LAKE CLE ELUM AUTHORIZATION OF APPRO12 PRIATIONS.—Section 1206(a) of Public Law 103–434 

13 (108 Stat. 4560) is amended— 

14 (1) in paragraph (1)— 

15 (A) in the matter preceding subparagraph 

16 (A), by striking ‘‘at September’’ through ‘‘to— 

17 ’’ and inserting ‘‘such sums as are necessary 

18 to—’’; 

19 (B) by redesignating subparagraphs (A) 

20 through (C) as clauses (i) through (iii), respec21 tively, and indenting the clauses appropriately; 

22 and 

23 (C) by striking clause (iii) (as so redesig24 nated) and inserting the following: 


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1 ‘‘(iii) to conduct feasibility studies and 

2 to design, construct, operate, and maintain 

3 fish passage facilities, in addition to any 

4 fish passage facilities authorized by section 

5 109 of the Hoover Power Plant Act of 

6 1984 (16 U.S.C. 839b note; Public Law 

7 98–381), as determined to be feasible and 

8 appropriate within the Yakima River basin; 

9 plus’’; 

10 (2) by redesignating paragraphs (1) and (2) as 

11 subparagraphs (A) and (B), respectively, and indent12 ing the subparagraphs appropriately; 

13 (3) in the matter preceding subparagraph (A) 

14 (as so redesignated), by striking ‘‘There is hereby’’ 

15 and inserting the following: 

16 ‘‘(1) IN GENERAL.—There is’’; and 

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

18 ‘‘(2) COST SHARING.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 accept as part of the non-Federal cost-share, 

21 and expend as if appropriated, any contribution 

22 by the State of Washington or others, including 

23 in-kind services, that the Secretary determines 

24 will contribute toward the conduct and comple25 tion of the work. 


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1 ‘‘(B) FEDERAL SHARE.—The Federal cost2 share for the project shall not exceed 50 per3 cent of the total cost of the projects described 

4 in paragraph (1).’’. 

5 (d) ENHANCEMENT OF WATER SUPPLIES FOR YAK6 IMA BASIN TRIBUTARIES.—Section 1207 of Public Law 

7 103–434 (108 Stat. 4560) is amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘supplies’’ and inserting ‘‘manage11 ment’’; 

12 (B) in paragraph (1), by inserting ‘‘and 

13 water supply entities’’ after ‘‘owners’’; and 

14 (C) in paragraph (2)— 

15 (i) in subparagraph (A), by inserting 

16 ‘‘that choose not to participate or opt out 

17 of tributary enhancement projects pursu18 ant to this section’’ after ‘‘water right own19 ers’’; and 

20 (ii) in subparagraph (B), by inserting 

21 ‘‘nonparticipating’’ before ‘‘tributary water 

22 users’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (1)— 


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1 (i) by striking the paragraph designa2 tion and all that follows through ‘‘(but not 

3 limited to)—’’ and inserting the following: 

4 ‘‘(1) IN GENERAL.—The Secretary, following 

5 consultation with the State of Washington, the 

6 Yakama Nation, and on agreement of appropriate 

7 water supply entities, is authorized to conduct stud8 ies to evaluate measures to further Yakima Project 

9 purposes on tributaries to the Yakima River. En10 hancement programs that use measures authorized 

11 by this section may be investigated and implemented 

12 by the Secretary in tributaries, including Taneum 

13 Creek, other areas, or tributary basins that currently 

14 or could potentially be provided supplemental or 

15 transfer water by entities, such as the Kittitas Rec16 lamation District or the Yakima-Tieton Irrigation 

17 District. Measures to evaluate include—’’; 

18 (ii) by indenting subparagraphs (A) 

19 through (F) appropriately; 

20 (iii) in subparagraph (A), by inserting 

21 before the semicolon at the end the fol22 lowing: ‘‘, including irrigation efficiency 

23 improvements (in coordination with pro24 grams of the Department of Agriculture), 

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1 tion, and diversion scheduling or coordina2 tion’’; 

3 (iv) by redesignating subparagraphs 

4 (C) through (F) as subparagraphs (E) 

5 through (H), respectively; 

6 (v) by inserting after subparagraph 

7 (B) the following: 

8 ‘‘(C) improvements in irrigation system 

9 management or delivery facilities within the 

10 Yakima River basin when those improvements 

11 allow for increased irrigation system conveyance 

12 and corresponding reduction in diversion from 

13 tributaries or flow enhancements to tributaries 

14 through direct flow supplementation or ground15 water recharge; 

16 ‘‘(D) improvements of irrigation system 

17 management or delivery facilities to reduce or 

18 eliminate excessively high flows caused by the 

19 use of natural streams for conveyance or irriga20 tion water or return water;’’; 

21 (vi) in subparagraph (E) (as redesig22 nated by clause (iv)), by striking ‘‘ground 

23 water’’ and inserting ‘‘groundwater re24 charge and’’; 


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1 (vii) in subparagraph (G) (as redesig2 nated by clause (iv)), by inserting ‘‘or 

3 transfer’’ after ‘‘purchase’’; and 

4 (viii) in subparagraph (H) (as redesig5 nated by clause (iv)), by inserting ‘‘stream 

6 processes and’’ before ‘‘stream habitats’’; 

7 (B) in paragraph (2)— 

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘the Taneum Creek 

10 study’’ and inserting ‘‘studies under this 

11 subsection’’; 

12 (ii) in subparagraph (B)— 

13 (I) by striking ‘‘and economic’’ 

14 and inserting ‘‘, infrastructure, eco15 nomic, and land use’’; and 

16 (II) by striking ‘‘and’’ at the end; 

17 (iii) in subparagraph (C), by striking 

18 the period at the end and inserting ‘‘; 

19 and’’; and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(D) any related studies already underway 

23 or undertaken.’’; and 


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1 (C) in paragraph (3), in the first sentence, 

2 by inserting ‘‘of each tributary or group of trib3 utaries’’ after ‘‘study’’; 

4 (3) in subsection (c), in the matter preceding 

5 paragraph (1), by inserting ‘‘nonsurface storage 

6 and’’ after ‘‘implement’’; 

7 (4) by striking subsection (d); 

8 (5) by redesignating subsection (e) as sub9 section (d); and 

10 (6) in paragraph (2) of subsection (d) (as so re11 designated)— 

12 (A) in the first sentence— 

13 (i) by inserting ‘‘and implementation’’ 

14 after ‘‘investigation’’; 

15 (ii) by striking ‘‘other’’ before ‘‘Yak16 ima River’’; and 

17 (iii) by inserting ‘‘and other water 

18 supply entities’’ after ‘‘owners’’; and 

19 (B) by striking the second sentence. 

20 (e) CHANDLER PUMPING PLANT AND POWERPLANT

21 OPERATIONS AT PROSSER DIVERSION DAM.—Section 

22 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 

23 Stat. 1425) is amended by inserting ‘‘negatively’’ before 

24 ‘‘affected’’. 


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1 (f) INTERIM COMPREHENSIVE BASIN OPERATING

2 PLAN.—Section 1210(c) of Public Law 103–434 (108 

3 Stat. 4564) is amended by striking ‘‘$100,000’’ and in4 serting ‘‘$200,000, at September 2014 prices,’’. 

5 (g) ENVIRONMENTAL COMPLIANCE.—Section 1211 

6 of Public Law 103–434 (108 Stat. 4564) is amended by 

7 inserting ‘‘, at September 2014 prices,’’ after 

8 ‘‘$2,000,000’’. 

9 SEC. 5. AUTHORIZATION OF PHASE III OF YAKIMA RIVER 

10 BASIN WATER ENHANCEMENT PROJECT. 

11 Title XII of Public Law 103–434 (108 Stat. 4550) 

12 is amended by adding at the end the following: 

13 ‘‘SEC. 1213. PHASE III GRANTS AND COOPERATIVE AGREE14 MENTS. 

15 ‘‘The Secretary may make grants or enter into coop16 erative agreements with the Yakama Nation, the State of 

17 Washington, Yakima River basin irrigation districts, water 

18 districts, conservation districts, other local governmental 

19 entities, nonprofit organizations, and land owners to carry 

20 out this title under such terms and conditions as the Sec21 retary may require, including the following purposes: 

22 ‘‘(1) Land and water transfers, leases, and ac23 quisitions from willing participants, so long as the 

24 acquiring entity shall hold title and be responsible 


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1 for any and all required operations, maintenance, 

2 and management of that land and water. 

3 ‘‘(2) Operation and maintenance or manage4 ment of Federal land acquired under this title, in 

5 partnership with the Secretary. 

6 ‘‘(3) To combine or relocate diversion points, 

7 remove fish barriers, or for other activities that in8 crease flows or improve habitat in the Yakima River 

9 and its tributaries in furtherance of this title. 

10 ‘‘(4) To implement, in partnership with Federal 

11 and non-Federal entities, projects to enhance the 

12 health and resilience of the watershed, subject to the 

13 condition that if such a grant or cooperative agree14 ment results in a direct benefit to a project bene15 ficiary, the Secretary may determine that the costs 

16 are reimbursable. 

17 ‘‘SEC. 1214. AUTHORIZATION OF PHASE III OF YAKIMA 

18 RIVER BASIN WATER ENHANCEMENT 

19 PROJECT. 

20 ‘‘(a) MANAGEMENT PLAN IMPLEMENTATION.— 

21 ‘‘(1) IN GENERAL.—It is the intent of Congress 

22 that the Management Plan shall be implemented in 

23 its entirety, in accordance with applicable laws. 

24 ‘‘(2) INITIAL DEVELOPMENT PHASE.— 


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1 ‘‘(A) IN GENERAL.—During the Initial De2 velopment Phase of the Management Plan, the 

3 Secretary, in conjunction with the State of 

4 Washington and in consultation with the Work 

5 Group, shall— 

6 ‘‘(i) complete the planning, design, 

7 and construction or development of up8 stream and downstream fish passage facili9 ties at a Yakima Project reservoir, in addi10 tion to the Cle Elum Reservoir project de11 scribed in section 1206, pursuant to the 

12 Hoover Power Plant Act of 1984 (43 

13 U.S.C. 619 et seq.), to be identified by the 

14 Work Group and consistent with the Man15 agement Plan, as set forth in the applica16 ble feasibility study or report; 

17 ‘‘(ii) negotiate long-term agreements 

18 with participating proratable irrigation en19 tities in the Yakima Basin for the non20 Federal financing, construction, operation, 

21 and maintenance of— 

22 ‘‘(I) new facilities needed to ac23 cess and deliver inactive storage in 

24 Lake Kachess for the purpose of pro25 viding drought relief for irrigation 


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1 (known as the ‘Kachess Drought Re2 lief Pumping Plant’), as set forth in 

3 the applicable feasibility study or re4 port; and 

5 ‘‘(II) a conveyance system to 

6 allow transfer of water between 

7 Keechelus Reservoir to Kachess Res8 ervoir for purposes of improving oper9 ational flexibility for the benefit of 

10 both fish and irrigation (known as the 

11 ‘K to K Pipeline’), as set forth in the 

12 applicable feasibility study or report; 

13 and 

14 ‘‘(iii) participate in, provide funding 

15 for, and accept non-Federal financing 

16 for— 

17 ‘‘(I) water conservation projects, 

18 not subject to the provisions of the 

19 Basin Conservation Program de20 scribed in section 1203, that are in21 tended to partially implement the 

22 Management Plan by providing 

23 85,000 acre-feet of conserved water to 

24 improve tributary and mainstem 

25 stream flow; and 


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1 ‘‘(II) aquifer storage and recov2 ery projects benefitting all beneficial 

3 uses. 

4 ‘‘(B) COMMENCEMENT DATE.—The Initial 

5 Development Phase under this paragraph shall 

6 commence on the date of enactment of this sec7 tion. 

8 ‘‘(3) INTERMEDIATE AND FINAL PHASES.— 

9 ‘‘(A) IN GENERAL.—During the Inter10 mediate and Final Development Phases of the 

11 Management Plan, any project that is deter12 mined by Secretary, in consultation with the 

13 State of Washington and Work Group, to be 

14 appropriate to meet the objectives of the Man15 agement Plan shall be designed and con16 structed, subject to authorization and appro17 priation. 

18 ‘‘(B) INTERMEDIATE PHASE.—It is the in19 tent of Congress that the Intermediate Develop20 ment Phase of the Management Plan shall com21 mence not later than 10 years after the date of 

22 enactment of this section. 

23 ‘‘(C) FINAL PHASE.—It is the intent of 

24 Congress that the Final Development Phase of 

25 the Management Plan shall commence not later 


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1 than 20 years after the date of enactment of 

2 this section. 

3 ‘‘(D) FEASIBILITY CONTINGENCY.—The 

4 Intermediate and Final Development Phases of 

5 the Management Plan shall be contingent on 

6 feasibility, as determined by the Secretary, in 

7 consultation with the Work Group, and in com8 pliance with applicable laws. 

9 ‘‘(4) PROGRESS REPORT.— 

10 ‘‘(A) IN GENERAL.—Not later than 5 years 

11 after the date of enactment of this section, the 

12 Secretary, in conjunction with the State of 

13 Washington and in consultation with the Work 

14 Group, shall submit to the Committee on En15 ergy and Natural Resources of the Senate and 

16 the Committee on Natural Resources of the 

17 House of Representatives a progress report that 

18 shall serve as a supplement to the Management 

19 Plan. 

20 ‘‘(B) REQUIREMENTS.—The progress re21 port under this paragraph shall— 

22 ‘‘(i) provide a review and reassess23 ment, if needed, of the objectives of the 

24 Management Plan, as applied to all ele25 ments of the Management Plan; 


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1 ‘‘(ii) assess, through performance 

2 metrics measured throughout implementa3 tion of the Management Plan, the degree 

4 to which the Initial Phase addresses the 

5 objectives and all elements of the Manage6 ment Plan; 

7 ‘‘(iii) identify additional projects and 

8 activities proposed for inclusion in any fu9 ture phase of the Management Plan to ad10 dress the objectives of the Management 

11 Plan, as applied to all elements of the 

12 Management Plan; and 

13 ‘‘(iv) for water supply projects— 

14 ‘‘(I) provide a preliminary discus15 sion of the means by which— 

16 ‘‘(aa) water and costs asso17 ciated with each recommended 

18 project would be allocated among 

19 authorized uses; and 

20 ‘‘(bb) those allocations 

21 would be consistent with the ob22 jectives of the Management Plan; 

23 and 

24 ‘‘(II) establish a plan for solic25 iting and formalizing subscriptions 


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1 among individuals and entities for 

2 participation in any of the rec3 ommended water supply projects that 

4 will establish the terms for participa5 tion, including fiscal obligations asso6 ciated with subscription. 

7 ‘‘(b) OPERATION AND MAINTENANCE OF KACHESS

8 DROUGHT RELIEF PUMPING PLANT AND K TO K PIPE9 LINE.— 

10 ‘‘(1) USE OF LAKE KACHESS STORED WATER.— 

11 The additional stored water made available by the 

12 construction of facilities to access and deliver inac13 tive storage in Lake Kachess under subsection 

14 (a)(2)(A)(ii)(I) shall— 

15 ‘‘(A) be considered to be Yakima Project 

16 water; 

17 ‘‘(B) not be part of the total water supply 

18 available, as that term is defined in various 

19 court rulings; and 

20 ‘‘(C) be used exclusively by the Sec21 retary— 

22 ‘‘(i) to enhance the water supply in 

23 years when the total water supply available 

24 is not sufficient to provide 70 percent of 

25 proratable entitlements in order to make 


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1 that additional water available up to 70 

2 percent of proratable entitlements to the 

3 Kittitas Reclamation District, the Roza Ir4 rigation District, or other proratable irri5 gation entities participating in the con6 struction, operation, and maintenance 

7 costs of the facilities under this title under 

8 such terms and conditions to which the 

9 districts may agree, subject to the condi10 tions that— 

11 ‘‘(I) the Bureau of Indian Af12 fairs, the Wapato Irrigation Project, 

13 and the Yakama Nation, on an elec14 tion to participate, may also obtain 

15 water from Lake Kachess inactive 

16 storage to enhance applicable existing 

17 irrigation water supply in accordance 

18 with such terms and conditions to 

19 which the Bureau of Indian Affairs 

20 and the Yakama Nation may agree; 

21 and 

22 ‘‘(II) the additional supply made 

23 available under this subparagraph 

24 shall be available to participating indi25 viduals and entities in proportion to 


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1 the proratable entitlements of the par2 ticipating individuals and entities; and 

3 ‘‘(ii) to facilitate reservoir operations 

4 in the reach of the Yakima River between 

5 Keechelus Dam and Easton Dam for the 

6 propagation of anadromous fish. 

7 ‘‘(2) ELECTRICAL POWER ASSOCIATED WITH

8 KACHESS DROUGHT RELIEF PUMPING PLANT.—The 

9 Administrator of the Bonneville Power Administra10 tion, pursuant to the Pacific Northwest Electric 

11 Power Planning and Conservation Act (16 U.S.C. 

12 839 et seq.), shall provide to the Secretary project 

13 power to operate the Kachess Pumping Plant con14 structed under this title whenever inactive storage in 

15 Lake Kachess is needed to provide drought relief for 

16 irrigation. The Administrator shall provide the 

17 power at the then-applicable lowest Bonneville Power 

18 Administration rate for public body, cooperative, and 

19 Federal agency customers firm obligations, which as 

20 of the date of enactment of this section is the pri21 ority firm Tier 1 rate, and shall not include any irri22 gation discount. At all other times, power needed to 

23 operate the Kachess Pumping Plant shall be ob24 tained by the Secretary from a local provider. The 

25 cost of power for such pumping, station service 


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1 power, and all costs of transmitting power from the 

2 Federal Columbia River Power System to the Yak3 ima Enhancement Project pumping facilities shall be 

4 borne by irrigation districts receiving the benefits of 

5 that water. The Commissioner of Reclamation shall 

6 be responsible for arranging transmission for deliv7 eries of Federal power over the Bonneville system 

8 through applicable tariff and business practice proc9 esses of the Bonneville system and for arranging 

10 transmission for deliveries of power obtained from a 

11 local provider. The cost of the power shall be cred12 ited to fishery restoration goals of the Columbia 

13 River fish and wildlife program. 

14 ‘‘(c) DESIGN AND USE OF GROUNDWATER RE15 CHARGE PROJECTS.— 

16 ‘‘(1) IN GENERAL.—Any water supply that re17 sults from an aquifer storage and recovery project 

18 shall not be considered to be a part of the total 

19 water supply available if— 

20 ‘‘(A) the water for the aquifer storage and 

21 recovery project would not be available for use, 

22 but instead for the development of the project; 

23 ‘‘(B) the aquifer storage and recovery 

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1 ply available for any individual or entity entitled 

2 to use the total water supply available; 

3 ‘‘(C) the development of the aquifer stor4 age and recovery project will not impair fish or 

5 other aquatic life in any localized stream reach; 

6 and 

7 ‘‘(D) the aquifer storage and recovery 

8 project is approved by the Work Group. 

9 ‘‘(2) PROJECT TYPES.—The Secretary may de10 sign, implement, and otherwise participate in 

11 groundwater recharge projects of any of the fol12 lowing 3 types: 

13 ‘‘(A) Aquifer recharge projects designed to 

14 redistribute Yakima Project water within a 

15 water year for the purposes of supplementing 

16 stream flow during the irrigation season, par17 ticularly during storage control, subject to the 

18 condition that if such a project is designed to 

19 supplement a mainstem reach, the water supply 

20 that results from the project shall be credited to 

21 instream flow targets, in lieu of using the total 

22 water supply available to meet those targets. 

23 ‘‘(B) Aquifer storage and recovery projects 

24 that are designed, within a given water year or 

25 over multiple water years— 


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1 ‘‘(i) to supplement or mitigate for mu2 nicipal uses; 

3 ‘‘(ii) to supplement municipal supply 

4 in a subsurface aquifer; or 

5 ‘‘(iii) to mitigate the effect of ground6 water use on instream flow or senior water 

7 rights. 

8 ‘‘(C) Aquifer storage and recovery projects 

9 designed to supplement existing irrigation water 

10 supply, or to store water in subsurface aquifers, 

11 for use by the Kittitas Reclamation District, 

12 the Roza Irrigation District, or any other pro13 ratable irrigation entity participating in the re14 payment of the construction, operation, and 

15 maintenance costs of the facilities under this 

16 section during years in which the total water 

17 supply available is insufficient to provide to 

18 those proratable irrigation entities all water to 

19 which the entities are entitled, subject to the 

20 conditions that— 

21 ‘‘(i) the Bureau of Indian Affairs, the 

22 Wapato Irrigation Project, and the 

23 Yakama Nation, on an election to partici24 pate, may also obtain water from aquifer 

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1 gation water supply in accordance with 

2 such terms and conditions to which the 

3 Bureau of Indian Affairs and the Yakama 

4 Nation may agree; and 

5 ‘‘(ii) nothing in this subparagraph af6 fects any existing contract, law (including 

7 regulations) relating to repayment costs, or 

8 water rights. 

9 ‘‘(d) FEDERAL COST-SHARE.— 

10 ‘‘(1) IN GENERAL.—The Federal cost-share of a 

11 project carried out under this section shall be deter12 mined in accordance with the applicable laws (in13 cluding regulations) and policies of the Bureau of 

14 Reclamation. 

15 ‘‘(2) INITIAL PHASE.—The Federal cost-share 

16 for the Initial Development Phase of the Manage17 ment Plan under subsection (a)(2), including the re18 imbursable share to be repaid by non-Federal project 

19 contractors, shall not exceed 50 percent of the total 

20 cost of the initial development phase. 

21 ‘‘(3) STATE AND OTHER CONTRIBUTIONS.—The 

22 Secretary may accept as part of the non-Federal 

23 cost-share of a project carried out under this section, 

24 and expend as if appropriated, any contribution (in25 cluding in-kind services) by the State of Washington 


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1 or any other individual or entity that the Secretary 

2 determines will enhance the conduct and completion 

3 of the project. 

4 ‘‘(e) SAVINGS AND CONTINGENCIES.—Nothing in this 

5 section shall— 

6 ‘‘(1) be a new or supplemental benefit for pur7 poses of the Reclamation Reform Act of 1982 (43 

8 U.S.C. 390aa et seq.); 

9 ‘‘(2) affect any contract in existence on the date 

10 of enactment of the Yakima River Basin Water En11 hancement Project Phase III Act of 2015 that was 

12 executed pursuant to the reclamation laws; 

13 ‘‘(3) affect any contract or agreement between 

14 the Bureau of Indian Affairs and the Bureau of 

15 Reclamation; or 

16 ‘‘(4) affect, waive, abrogate, diminish, define, or 

17 interpret the treaty between the Yakama Nation and 

18 the United States. 

19 ‘‘SEC. 1215. OPERATIONAL CONTROL OF WATER SUPPLIES. 

20 ‘‘The Secretary shall retain authority and discretion 

21 over the management of project supplies to obtain max22 imum operational use and flexibility to meet all appro23 priated and adjudicated water rights. That authority and 

24 discretion includes the ability of the United States to 


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1 store, deliver, conserve, and reuse water supplies deriving 

2 from projects authorized under this title.’’. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Yakima River Basin 

5 Water Enhancement Project Phase III Act of 2015’’. 

6 SEC. 2. MODIFICATION OF TERMS, PURPOSES, AND DEFINI7 TIONS. 

8 (a) MODIFICATION OF TERMS.—Title XII of Public 

9 Law 103–434 (108 Stat. 4550) is amended— 

10 (1) by striking ‘‘Yakama Indian’’ each place it 

11 appears (except section 1204(g)) and inserting 

12 ‘‘Yakama’’; and 

13 (2) by striking ‘‘Superintendent’’ each place it 

14 appears and inserting ‘‘Manager’’. 

15 (b) MODIFICATION OF PURPOSES.—Section 1201 of 

16 Public Law 103–434 (108 Stat. 4550) is amended— 

17 (1) by striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) to protect, mitigate, and enhance fish and 

20 wildlife and the recovery and maintenance of self-sus21 taining harvestable populations of fish and other 

22 aquatic life, both anadromous and resident species, 

23 throughout their historic distribution range in the 

24 Yakima Basin through— 


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1 ‘‘(A) improved water management and the 

2 constructions of fish passage at storage and di3 version dams, as authorized under the Hoover 

4 Power Plant Act of 1984 (43 U.S.C. 619 et seq.); 

5 ‘‘(B) improved instream flows and water 

6 supplies; 

7 ‘‘(C) improved water quality, watershed, 

8 and ecosystem function; 

9 ‘‘(D) protection, creation, and enhancement 

10 of wetlands; and 

11 ‘‘(E) other appropriate means of habitat 

12 improvement;’’; 

13 (2) in paragraph (2), by inserting ‘‘, municipal, 

14 industrial, and domestic water supply and use pur15 poses, especially during drought years, including re16 ducing the frequency and severity of water supply 

17 shortages for pro-ratable irrigation entities’’ before the 

18 semicolon at the end; 

19 (3) by striking paragraph (4); 

20 (4) by redesignating paragraph (3) as para21 graph (4); 

22 (5) by inserting after paragraph (2) the fol23 lowing: 


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1 ‘‘(3) to authorize the Secretary to make water 

2 available for purchase or lease for meeting municipal, 

3 industrial, and domestic water supply purposes;’’; 

4 (6) by redesignating paragraphs (5) and (6) as 

5 paragraphs (6) and (8), respectively; 

6 (7) by inserting after paragraph (4) (as so redes7 ignated) the following: 

8 ‘‘(5) to realize sufficient water savings from im9 plementing the Yakima River Basin Integrated Water 

10 Resource Management Plan, so that not less than 

11 85,000 acre feet of water savings are achieved by im12 plementing the first phase of the Integrated Plan pur13 suant to section 1213(a);’’; 

14 (8) in paragraph (6) (as so redesignated)— 

15 (A) by inserting ‘‘an increase in’’ before 

16 ‘‘voluntary’’; and 

17 (B) by striking ‘‘and’’ at the end; 

18 (9) by inserting after paragraph (6) (as so redes19 ignated) the following: 

20 ‘‘(7) to encourage an increase in the use of, and 

21 reduce the barriers to, water transfers, leasing, mar22 kets, and other voluntary transactions among public 

23 and private entities to enhance water management in 

24 the Yakima River basin;’’; 


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1 (10) in paragraph (8) (as redesignated by para2 graph (6)), by striking the period at the end and in3 serting a semicolon; and 

4 (11) by adding at the end the following: 

5 ‘‘(9) to improve the resilience of the ecosystems, 

6 economies, and communities in the Basin as they face 

7 drought, hydrologic changes, and other related 

8 changes and variability in natural and human sys9 tems, for the benefit of both the people and the fish 

10 and wildlife of the region; and 

11 ‘‘(10) to authorize and implement the Yakima 

12 River Basin Integrated Water Resource Management 

13 Plan as Phase III of the Yakima River Basin Water 

14 Enhancement Project, as a balanced and cost-effective 

15 approach to maximize benefits to the communities 

16 and environment in the Basin.’’. 

17 (c) MODIFICATION OF DEFINITIONS.—Section 1202 of 

18 Public Law 103–434 (108 Stat. 4550) is amended— 

19 (1) by redesignating paragraphs (6), (7), (8), 

20 (9), (10), (11), (12), (13), and (14) as paragraphs 

21 (8), (10), (11), (13), (14), (15), (16), (18), and (19), 

22 respectively; 

23 (2) by inserting after paragraph (5) the fol24 lowing: 


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1 ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The 

2 term ‘designated Federal official’ means the Commis3 sioner of Reclamation (or a designee), acting pursu4 ant to the charter of the Conservation Advisory 

5 Group. 

6 ‘‘(7) INTEGRATED PLAN.—The terms ‘Integrated 

7 Plan’ and ‘Yakima River Basin Integrated Water Re8 source Plan’ mean the plan and activities authorized 

9 by the Yakima River Basin Enhancement Project 

10 Phase III Act of 2015 and the amendments made by 

11 that Act, to be carried out in cooperation with and 

12 in addition to activities of the State of Washington 

13 and Yakama Nation.’’; 

14 (3) by inserting after paragraph (8) (as redesig15 nated by paragraph (1)) the following: 

16 ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC

17 WATER SUPPLY AND USE.—The term ‘municipal, in18 dustrial, and domestic water supply and use’ means 

19 the supply and use of water for— 

20 ‘‘(A) domestic consumption (whether urban 

21 or rural); 

22 ‘‘(B) maintenance and protection of public 

23 health and safety; 


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1 ‘‘(C) manufacture, fabrication, processing, 

2 assembly, or other production of a good or com3 modity; 

4 ‘‘(D) production of energy; 

5 ‘‘(E) fish hatcheries; or 

6 ‘‘(F) water conservation activities relating 

7 to a use described in subparagraphs (A) through 

8 (E).’’; 

9 (4) by inserting after paragraph (11) (as redes10 ignated by paragraph (1)) the following: 

11 ‘‘(12) PRORATABLE IRRIGATION ENTITY.—The 

12 term ‘proratable irrigation entity’ means a district, 

13 project, or State-recognized authority, board of con14 trol, agency, or entity located in the Yakima River 

15 basin that— 

16 ‘‘(A) manages and delivers irrigation water 

17 to farms in the basin; and 

18 ‘‘(B) possesses, or the members of which pos19 sess, water rights that are proratable during pe20 riods of water shortage.’’; and 

21 (5) by inserting after paragraph (16) (as redes22 ignated by paragraph (1)) the following: 

23 ‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAKIMA

24 RIVER BASIN WATER ENHANCEMENT PROJECT.—The 

25 terms ‘Yakima Enhancement Project’ and ‘Yakima 


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1 River Basin Water Enhancement Project’ mean the 

2 Yakima River basin water enhancement project au3 thorized by Congress pursuant to this Act and other 

4 Acts (including Public Law 96–162 (93 Stat. 1241), 

5 section 109 of Public Law 98–381 (16 U.S.C. 839b 

6 note; 98 Stat. 1340), Public Law 105–62 (111 Stat. 

7 1320), and Public Law 106–372 (114 Stat. 1425)) to 

8 promote water conservation, water supply, habitat, 

9 and stream enhancement improvements in the Yak10 ima River basin.’’. 

11 SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO12 GRAM. 

13 Section 1203 of Public Law 103–434 (108 Stat. 4551) 

14 is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) in the second sentence, by striking 

18 ‘‘title’’ and inserting ‘‘section’’; and 

19 (ii) in the third sentence, by striking 

20 ‘‘within 5 years of the date of enactment of 

21 this Act’’; and 

22 (B) in paragraph (2), by striking ‘‘irriga23 tion’’ and inserting ‘‘the number of irrigated 

24 acres’’; 

25 (2) in subsection (c)— 


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1 (A) in paragraph (2)— 

2 (i) in each of subparagraphs (A) 

3 through (D), by striking the comma at the 

4 end and inserting a semicolon; 

5 (ii) in subparagraph (E), by striking 

6 the comma at the end and inserting ‘‘; 

7 and’’; 

8 (iii) in subparagraph (F), by striking 

9 ‘‘Department of Wildlife of the State of 

10 Washington, and’’ and inserting ‘‘Depart11 ment of Fish and Wildlife of the State of 

12 Washington.’’; and 

13 (iv) by striking subparagraph (G); 

14 (B) in paragraph (3)— 

15 (i) in each of subparagraphs (A) 

16 through (C), by striking the comma at the 

17 end and inserting a semicolon; 

18 (ii) in subparagraph (D), by striking 

19 ‘‘, and’’ and inserting a semicolon; 

20 (iii) in subparagraph (E), by striking 

21 the period at the end and inserting ‘‘; and’’; 

22 and 

23 (iv) by adding at the end the following: 

24 ‘‘(F) provide recommendations to advance 

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1 hancement Project, including the Integrated 

2 Plan.’’; and 

3 (C) by striking paragraph (4) and inserting 

4 the following: 

5 ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OFFI6 CIAL.—The designated Federal official may— 

7 ‘‘(A) arrange and provide logistical support 

8 for meetings of the Conservation Advisory Group; 

9 ‘‘(B) use a facilitator to serve as a moder10 ator for meetings of the Conservation Advisory 

11 Group or provide additional logistical support; 

12 and 

13 ‘‘(C) grant any request for a facilitator by 

14 any member of the Conservation Advisory 

15 Group.’’; 

16 (3) in subsection (d), by adding at the end the 

17 following: 

18 ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR

19 FEDERAL GOVERNMENT.— 

20 ‘‘(A) IN GENERAL.—The State or the Fed21 eral Government may fund not more than the 

22 17.5 percent local share of the costs of the Basin 

23 Conservation Program in exchange for the long24 term use of conserved water, subject to the re25 quirement that the funding by the Federal GovVerDate Sep 11 2014 23:43 Dec 18, 2015 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\S1694.RS S1694

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1 ernment of the local share of the costs shall pro2 vide a quantifiable public benefit in meeting 

3 Federal responsibilities in the Basin and the 

4 purposes of this title. 

5 ‘‘(B) USE OF CONSERVED WATER.—The 

6 Yakima Project Manager may use water result7 ing from conservation measures taken under this 

8 title, in addition to water that the Bureau of 

9 Reclamation may acquire from any willing sell10 er through purchase, donation, or lease, for water 

11 management uses pursuant to this title.’’; 

12 (4) in subsection (e), by striking the first sen13 tence and inserting the following: ‘‘To participate in 

14 the Basin Conservation Program, as described in sub15 section (b), an entity shall submit to the Secretary a 

16 proposed water conservation plan.’’; 

17 (5) in subsection (i)(3)— 

18 (A) by striking ‘‘purchase or lease’’ each 

19 place it appears and inserting ‘‘purchase, lease, 

20 or management’’; and 

21 (B) in the third sentence, by striking ‘‘made 

22 immediately upon availability’’ and all that fol23 lows through ‘‘Committee’’ and inserting ‘‘con24 tinued as needed to provide water to be used by 

25 the Yakima Project Manager as recommended by 


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1 the System Operations Advisory Committee and 

2 the Conservation Advisory Group’’; and 

3 (6) in subsection (j)(4), in the first sentence, by 

4 striking ‘‘initial acquisition’’ and all that follows 

5 through ‘‘flushing flows’’ and inserting ‘‘acquisition of 

6 water from willing sellers or lessors specifically to 

7 provide improved instream flows for anadromous and 

8 resident fish and other aquatic life, including pulse 

9 flows to facilitate outward migration of anadromous 

10 fish’’. 

11 SEC. 4. YAKIMA BASIN WATER PROJECTS, OPERATIONS, 

12 AND AUTHORIZATIONS. 

13 (a) YAKAMA NATION PROJECTS.—Section 1204 of 

14 Public Law 103–434 (108 Stat. 4555) is amended— 

15 (1) in subsection (a)(2), in the first sentence, by 

16 striking ‘‘not more than $23,000,000’’ and inserting 

17 ‘‘not more than $100,000,000’’; and 

18 (2) in subsection (g)— 

19 (A) by striking the subsection heading and 

20 inserting ‘‘REDESIGNATION OF YAKAMA INDIAN

21 NATION TO YAKAMA NATION.—’’; 

22 (B) by striking paragraph (1) and inserting 

23 the following: 

24 ‘‘(1) REDESIGNATION.—The Confederated Tribes 

25 and Bands of the Yakama Indian Nation shall be 


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1 known and designated as the ‘Confederated Tribes 

2 and Bands of the Yakama Nation’.’’; and 

3 (C) in paragraph (2), by striking ‘‘deemed 

4 to be a reference to the ‘Confederated Tribes and 

5 Bands of the Yakama Indian Nation’.’’ and in6 serting ‘‘deemed to be a reference to the ‘Confed7 erated Tribes and Bands of the Yakama Na8 tion’.’’. 

9 (b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec10 tion 1205 of Public Law 103–434 (108 Stat. 4557) is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (4)— 

14 (i) in subparagraph (A)— 

15 (I) in clause (i)— 

16 (aa) by inserting ‘‘addi17 tional’’ after ‘‘secure’’; 

18 (bb) by striking ‘‘flushing’’ 

19 and inserting ‘‘pulse’’; and 

20 (cc) by striking ‘‘uses’’ and 

21 inserting ‘‘uses, in addition to the 

22 quantity of water provided under 

23 the treaty between the Yakama 

24 Nation and the United States’’; 

25 (II) by striking clause (ii); 


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1 (III) by redesignating clause (iii) 

2 as clause (ii); and 

3 (IV) in clause (ii) (as so redesig4 nated) by inserting ‘‘and water rights 

5 mandated’’ after ‘‘goals’’; and 

6 (ii) in subparagraph (B)(i), in the 

7 first sentence, by inserting ‘‘in proportion 

8 to the funding received’’ after ‘‘Program’’; 

9 (2) in subsection (b) (as amended by section 

10 2(a)(2)), in the second sentence, by striking ‘‘instream 

11 flows for use by the Yakima Project Manager as flush12 ing flows or as otherwise’’ and inserting ‘‘fishery pur13 poses, as’’; and 

14 (3) in subsection (e), by striking paragraph (1) 

15 and inserting the following: 

16 ‘‘(1) IN GENERAL.—Additional purposes of the 

17 Yakima Project shall be any of the following: 

18 ‘‘(A) To recover and maintain self-sus19 taining harvestable populations of native fish, 

20 both anadromous and resident species, through21 out their historic distribution range in the Yak22 ima Basin. 

23 ‘‘(B) To protect, mitigate, and enhance 

24 aquatic life and wildlife. 

25 ‘‘(C) Recreation. 


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1 ‘‘(D) Municipal, industrial, and domestic 

2 use.’’. 

3 (c) LAKE CLE ELUM AUTHORIZATION OF APPROPRIA4 TIONS.—Section 1206(a)(1) of Public Law 103–434 (108 

5 Stat. 4560), is amended, in the matter preceding subpara6 graph (A), by striking ‘‘at September’’ and all that follows 

7 through ‘‘to—’’ and inserting ‘‘not more than $12,000,000 

8 to—’’. 

9 (d) ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA

10 BASIN TRIBUTARIES.—Section 1207 of Public Law 103– 

11 434 (108 Stat. 4560) is amended— 

12 (1) in the heading, by striking ‘‘SUPPLIES’’ and 

13 inserting ‘‘MANAGEMENT’’; 

14 (2) in subsection (a)— 

15 (A) in the matter preceding paragraph (1), 

16 by striking ‘‘supplies’’ and inserting ‘‘manage17 ment’’; 

18 (B) in paragraph (1), by inserting ‘‘and 

19 water supply entities’’ after ‘‘owners’’; and 

20 (C) in paragraph (2)— 

21 (i) in subparagraph (A), by inserting 

22 ‘‘that choose not to participate or opt out of 

23 tributary enhancement projects pursuant to 

24 this section’’ after ‘‘water right owners’’; 

25 and 


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1 (ii) in subparagraph (B), by inserting 

2 ‘‘nonparticipating’’ before ‘‘tributary water 

3 users’’; 

4 (3) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) by striking the paragraph designa7 tion and all that follows through ‘‘(but not 

8 limited to)—’’ and inserting the following: 

9 ‘‘(1) IN GENERAL.—The Secretary, following con10 sultation with the State of Washington, tributary 

11 water right owners, and the Yakama Nation, and on 

12 agreement of appropriate water right owners, is au13 thorized to conduct studies to evaluate measures to 

14 further Yakima Project purposes on tributaries to the 

15 Yakima River. Enhancement programs that use meas16 ures authorized by this subsection may be investigated 

17 and implemented by the Secretary in tributaries to 

18 the Yakima River, including Taneum Creek, other 

19 areas, or tributary basins that currently or could po20 tentially be provided supplemental or transfer water 

21 by entities, such as the Kittitas Reclamation District 

22 or the Yakima-Tieton Irrigation District, subject to 

23 the condition that activities may commence on com24 pletion of applicable and required feasibility studies, 

25 environmental reviews, and cost-benefit analyses that 


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1 include favorable recommendations for further project 

2 development, as appropriate. Measures to evaluate in3 clude—’’; 

4 (ii) by indenting subparagraphs (A) 

5 through (F) appropriately; 

6 (iii) in subparagraph (A), by inserting 

7 before the semicolon at the end the fol8 lowing: ‘‘, including irrigation efficiency 

9 improvements (in coordination with pro10 grams of the Department of Agriculture), 

11 consolidation of diversions or administra12 tion, and diversion scheduling or coordina13 tion’’; 

14 (iv) by redesignating subparagraphs 

15 (C) through (F) as subparagraphs (E) 

16 through (H), respectively; 

17 (v) by inserting after subparagraph 

18 (B) the following: 

19 ‘‘(C) improvements in irrigation system 

20 management or delivery facilities within the 

21 Yakima River basin when those improvements 

22 allow for increased irrigation system conveyance 

23 and corresponding reduction in diversion from 

24 tributaries or flow enhancements to tributaries 


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1 through direct flow supplementation or ground2 water recharge; 

3 ‘‘(D) improvements of irrigation system 

4 management or delivery facilities to reduce or 

5 eliminate excessively high flows caused by the use 

6 of natural streams for conveyance or irrigation 

7 water or return water;’’; 

8 (vi) in subparagraph (E) (as redesig9 nated by clause (iv)), by striking ‘‘ground 

10 water’’ and inserting ‘‘groundwater re11 charge and’’; 

12 (vii) in subparagraph (G) (as redesig13 nated by clause (iv)), by inserting ‘‘or 

14 transfer’’ after ‘‘purchase’’; and 

15 (viii) in subparagraph (H) (as redesig16 nated by clause (iv)), by inserting ‘‘stream 

17 processes and’’ before ‘‘stream habitats’’; 

18 (B) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘the Taneum Creek 

21 study’’ and inserting ‘‘studies under this 

22 subsection’’; 

23 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘and economic’’ 

2 and inserting ‘‘, infrastructure, eco3 nomic, and land use’’; and 

4 (II) by striking ‘‘and’’ at the end; 

5 (iii) in subparagraph (C), by striking 

6 the period at the end and inserting ‘‘; and’’; 

7 and 

8 (iv) by adding at the end the following: 

9 ‘‘(D) any related studies already underway 

10 or undertaken.’’; and 

11 (C) in paragraph (3), in the first sentence, 

12 by inserting ‘‘of each tributary or group of tribu13 taries’’ after ‘‘study’’; 

14 (4) in subsection (c)— 

15 (A) in the heading, by inserting ‘‘AND

16 NONSURFACE STORAGE’’ after ‘‘NONSTOR17 AGE’’; and 

18 (B) in the matter preceding paragraph (1), 

19 by inserting ‘‘and nonsurface storage’’ after 

20 ‘‘nonstorage’’; 

21 (5) by striking subsection (d); 

22 (6) by redesignating subsection (e) as subsection 

23 (d); and 

24 (7) in paragraph (2) of subsection (d) (as so re25 designated)— 


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1 (A) in the first sentence— 

2 (i) by inserting ‘‘and implementation’’ 

3 after ‘‘investigation’’; 

4 (ii) by striking ‘‘other’’ before ‘‘Yakima 

5 River’’; and 

6 (iii) by inserting ‘‘and other water 

7 supply entities’’ after ‘‘owners’’; and 

8 (B) by striking the second sentence. 

9 (e) CHANDLER PUMPING PLANT AND POWERPLANT-OP10 ERATIONS AT PROSSER DIVERSION DAM.—Section 1208(d) 

11 of Public Law 103–434 (108 Stat. 4562; 114 Stat. 1425) 

12 is amended by inserting ‘‘negatively’’ before ‘‘affected’’. 

13 (f) INTERIM COMPREHENSIVE BASIN OPERATING

14 PLAN.—Section 1210(c) of Public Law 103–434 (108 Stat. 

15 4564) is amended by striking ‘‘$100,000’’ and inserting 

16 ‘‘$200,000’’. 

17 (g) ENVIRONMENTAL COMPLIANCE.—Section 1211 of 

18 Public Law 103–434 (108 Stat. 4564) is amended by strik19 ing ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’. 

20 SEC. 5. AUTHORIZATION OF PHASE III OF YAKIMA RIVER 

21 BASIN WATER ENHANCEMENT PROJECT. 

22 Title XII of Public Law 103–434 (108 Stat. 4550) is 

23 amended by adding at the end the following: 


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1 ‘‘SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS 

2 PHASE III OF YAKIMA RIVER BASIN WATER 

3 ENHANCEMENT PROJECT. 

4 ‘‘(a) INTEGRATED PLAN.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall imple6 ment the Integrated Plan as Phase III of the Yakima 

7 River Basin Water Enhancement Project in accord8 ance with this section and applicable laws. 

9 ‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN10 TEGRATED PLAN.— 

11 ‘‘(A) IN GENERAL.—The Secretary, in co12 ordination with the State of Washington and 

13 Yakama Nation and subject to feasibility studies, 

14 environmental reviews, and the availability of 

15 appropriations, shall implement an initial devel16 opment phase of the Integrated Plan, to— 

17 ‘‘(i) complete the planning, design, and 

18 construction or development of upstream 

19 and downstream fish passage facilities, as 

20 previously authorized by the Hoover Power 

21 Plant Act of 1984 (43 U.S.C. 619 et seq.) at 

22 Cle Elum Reservoir and another Yakima 

23 Project reservoir identified by the Secretary 

24 as consistent with the Integrated Plan, sub25 ject to the condition that, if the Yakima 

26 Project reservoir identified by the Secretary 


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1 contains a hydropower project licensed by 

2 the Federal Energy Regulatory Commission, 

3 the Secretary shall cooperate with the Fed4 eral Energy Regulatory Commission in a 

5 timely manner to ensure that actions taken 

6 by the Secretary are consistent with the ap7 plicable hydropower project license; 

8 ‘‘(ii) negotiate long-term agreements 

9 with participating proratable irrigation en10 tities in the Yakima Basin and, acting 

11 through the Bureau of Reclamation, coordi12 nate between Bureaus of the Department of 

13 the Interior and with the heads of other 

14 Federal agencies to negotiate agreements 

15 concerning leases, easements, and rights-of16 way on Federal land, and other terms and 

17 conditions determined to be necessary to 

18 allow for the non-Federal financing, con19 struction, operation, and maintenance of— 

20 ‘‘(I) new facilities needed to access 

21 and deliver inactive storage in Lake 

22 Kachess for the purpose of providing 

23 drought relief for irrigation (known as 

24 the ‘Kachess Drought Relief Pumping 

25 Plant’); and 


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1 ‘‘(II) a conveyance system to 

2 allow transfer of water between 

3 Keechelus Reservoir to Kachess Res4 ervoir for purposes of improving oper5 ational flexibility for the benefit of both 

6 fish and irrigation (known as the ‘K to 

7 K Pipeline’); 

8 ‘‘(iii) participate in, provide funding 

9 for, and accept non-Federal financing for— 

10 ‘‘(I) water conservation projects, 

11 not subject to the provisions of the 

12 Basin Conservation Program described 

13 in section 1203, that are intended to 

14 partially implement the Integrated 

15 Plan by providing 85,000 acre-feet of 

16 conserved water to improve tributary 

17 and mainstem stream flow; and 

18 ‘‘(II) aquifer storage and recovery 

19 projects; 

20 ‘‘(iv) study, evaluate, and conduct fea21 sibility analyses and environmental reviews 

22 of fish passage, water supply (including 

23 groundwater and surface water storage), 

24 conservation, habitat restoration projects, 

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1 sistent with the purposes of this Act, for the 

2 initial and future phases of the Integrated 

3 Plan; 

4 ‘‘(v) coordinate with and assist the 

5 State of Washington in implementing a ro6 bust water market to enhance water man7 agement in the Yakima River basin, includ8 ing— 

9 ‘‘(I) assisting in identifying ways 

10 to encourage and increase the use of, 

11 and reduce the barriers to, water 

12 transfers, leasing, markets, and other 

13 voluntary transactions among public 

14 and private entities in the Yakima 

15 River basin; 

16 ‘‘(II) providing technical assist17 ance, including scientific data and 

18 market information; and 

19 ‘‘(III) negotiating agreements that 

20 would facilitate voluntary water trans21 fers between entities, including as ap22 propriate, the use of federally managed 

23 infrastructure; and 

24 ‘‘(vi) enter into cooperative agreements 

25 with, or, subject to a minimum non-Federal 


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1 cost-sharing requirement of 50 percent, 

2 make grants to, the Yakama Nation, the 

3 State of Washington, Yakima River basin 

4 irrigation districts, water districts, con5 servation districts, other local governmental 

6 entities, nonprofit organizations, and land 

7 owners to carry out this title under such 

8 terms and conditions as the Secretary may 

9 require, including the following purposes: 

10 ‘‘(I) Land and water transfers, 

11 leases, and acquisitions from willing 

12 participants, so long as the acquiring 

13 entity shall hold title and be respon14 sible for any and all required oper15 ations, maintenance, and management 

16 of that land and water. 

17 ‘‘(II) To combine or relocate di18 version points, remove fish barriers, or 

19 for other activities that increase flows 

20 or improve habitat in the Yakima 

21 River and its tributaries in further22 ance of this title. 

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1 tities, projects to enhance the health 

2 and resilience of the watershed. 

3 ‘‘(B) COMMENCEMENT DATE.—The Sec4 retary shall commence implementation of the ac5 tivities included under the initial development 

6 phase pursuant to this paragraph— 

7 ‘‘(i) on the date of enactment of this 

8 section; and 

9 ‘‘(ii) on completion of applicable feasi10 bility studies, environmental reviews, and 

11 cost-benefit analyses that include favorable 

12 recommendations for further project devel13 opment. 

14 ‘‘(3) INTERMEDIATE AND FINAL PHASES.— 

15 ‘‘(A) IN GENERAL.—The Secretary, in co16 ordination with the State of Washington and in 

17 consultation with the Yakama Nation, shall de18 velop plans for intermediate and final develop19 ment phases of the Integrated Plan to achieve the 

20 purposes of this Act, including conducting appli21 cable feasibility studies, environmental reviews, 

22 and other relevant studies needed to develop the 

23 plans. 

24 ‘‘(B) INTERMEDIATE PHASE.—The Sec25 retary shall develop an intermediate development 


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1 phase to implement the Integrated Plan that, 

2 subject to authorization and appropriation, 

3 would commence not later than 10 years after 

4 the date of enactment of this section. 

5 ‘‘(C) FINAL PHASE.—The Secretary shall 

6 develop a final development phase to implement 

7 the Integrated Plan that, subject to authorization 

8 and appropriation, would commence not later 

9 than 20 years after the date of enactment of this 

10 section. 

11 ‘‘(4) CONTINGENCIES.—The implementation by 

12 the Secretary of projects and activities identified for 

13 implementation under the Integrated Plan shall be— 

14 ‘‘(A) subject to authorization and appro15 priation; 

16 ‘‘(B) contingent on the completion of appli17 cable feasibility studies, environmental reviews, 

18 and cost-benefit analyses that include favorable 

19 recommendations for further project development; 

20 ‘‘(C) implemented on public review and a 

21 determination by the Secretary that design, con22 struction, and operation of a proposed project or 

23 activity is in the best interest of the public; and 

24 ‘‘(D) in compliance with all applicable 

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1 icy Act of 1969 (42 U.S.C. 4321 et seq.) and the 

2 Endangered Species Act of 1973 (16 U.S.C. 1531 

3 et seq). 

4 ‘‘(5) PROGRESS REPORT.— 

5 ‘‘(A) IN GENERAL.—Not later than 5 years 

6 after the date of enactment of this section, the 

7 Secretary, in conjunction with the State of 

8 Washington and in consultation with the 

9 Yakama Nation, shall submit to the Committee 

10 on Energy and Natural Resources of the Senate 

11 and the Committee on Natural Resources of the 

12 House of Representatives a progress report on the 

13 development and implementation of the Inte14 grated Plan. 

15 ‘‘(B) REQUIREMENTS.—The progress report 

16 under this paragraph shall— 

17 ‘‘(i) provide a review and reassessment, 

18 if needed, of the objectives of the Integrated 

19 Plan, as applied to all elements of the Inte20 grated Plan; 

21 ‘‘(ii) assess, through performance 

22 metrics developed at the initiation of, and 

23 measured throughout the implementation of, 

24 the Integrated Plan, the degree to which the 

25 implementation of the initial development 


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1 phase addresses the objectives and all ele2 ments of the Integrated Plan; 

3 ‘‘(iii) identify the amount of Federal 

4 funding and non-Federal contributions re5 ceived and expended during the period cov6 ered by the report; 

7 ‘‘(iv) describe the pace of project devel8 opment during the period covered by the re9 port; 

10 ‘‘(v) identify additional projects and 

11 activities proposed for inclusion in any fu12 ture phase of the Integrated Plan to address 

13 the objectives of the Integrated Plan, as ap14 plied to all elements of the Integrated Plan; 

15 and 

16 ‘‘(vi) for water supply projects— 

17 ‘‘(I) provide a preliminary dis18 cussion of the means by which— 

19 ‘‘(aa) water and costs associ20 ated with each recommended 

21 project would be allocated among 

22 authorized uses; and 

23 ‘‘(bb) those allocations would 

24 be consistent with the objectives of 

25 the Integrated Plan; and 


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1 ‘‘(II) establish a plan for solic2 iting and formalizing subscriptions 

3 among individuals and entities for 

4 participation in any of the rec5 ommended water supply projects that 

6 will establish the terms for participa7 tion, including fiscal obligations asso8 ciated with subscription. 

9 ‘‘(b) FINANCING, CONSTRUCTION, OPERATION, AND

10 MAINTENANCE OF KACHESS DROUGHT RELIEF PUMPING

11 PLANT AND K TO K PIPELINE.— 

12 ‘‘(1) AGREEMENTS.—Long-term agreements ne13 gotiated between the Secretary and participating pro14 ratable irrigation entities in the Yakima Basin for 

15 the non-Federal financing, construction, operation, 

16 and maintenance of the Drought Relief Pumping 

17 Plant and K to K Pipeline shall include provisions 

18 regarding— 

19 ‘‘(A) responsibilities of the participating 

20 proratable irrigation entities for the planning, 

21 design, and construction of infrastructure in 

22 consultation and coordination with the Sec23 retary; 

24 ‘‘(B) property titles and responsibilities of 

25 the participating proratable irrigation entities 


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1 for the maintenance of and liability for all infra2 structure constructed under this title; 

3 ‘‘(C) operation and integration of the 

4 projects by the Secretary in the operation of the 

5 Yakima Project; 

6 ‘‘(D) costs associated with the design, fi7 nancing, construction, operation, maintenance, 

8 and mitigation of projects, with the costs of Fed9 eral oversight and review to be nonreimbursable 

10 to the participating proratable irrigation entities 

11 and the Yakima Project; and 

12 ‘‘(E) responsibilities for the pumping and 

13 operational costs necessary to provide the total 

14 water supply available made inaccessible due to 

15 drought pumping during the preceding 1 or 

16 more calendar years, in the event that the 

17 Kachess Reservoir fails to refill as a result of 

18 pumping drought storage water during the pre19 ceding 1 or more calendar years, which shall re20 main the responsibility of the participating pro21 ratable irrigation entities. 

22 ‘‘(2) USE OF KACHESS RESERVOIR STORED

23 WATER.— 

24 ‘‘(A) IN GENERAL.—The additional stored 

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1 cilities to access and deliver inactive storage in 

2 Kachess Reservoir under subsection 

3 (a)(2)(A)(ii)(I) shall— 

4 ‘‘(i) be considered to be Yakima Project 

5 water; 

6 ‘‘(ii) not be part of the total water sup7 ply available, as that term is defined in 

8 various court rulings; and 

9 ‘‘(iii) be used exclusively by the Sec10 retary— 

11 ‘‘(I) to enhance the water supply 

12 in years when the total water supply 

13 available is not sufficient to provide 70 

14 percent of proratable entitlements in 

15 order to make that additional water 

16 available up to 70 percent of prorat17 able entitlements to the Kittitas Rec18 lamation District, the Roza Irrigation 

19 District, or other proratable irrigation 

20 entities participating in the construc21 tion, operation, and maintenance costs 

22 of the facilities under this title under 

23 such terms and conditions to which the 

24 districts may agree, subject to the con25 ditions that— 


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1 ‘‘(aa) the Bureau of Indian 

2 Affairs, the Wapato Irrigation 

3 Project, and the Yakama Nation, 

4 on an election to participate, may 

5 also obtain water from Kachess 

6 Reservoir inactive storage to en7 hance applicable existing irriga8 tion water supply in accordance 

9 with such terms and conditions to 

10 which the Bureau of Indian Af11 fairs and the Yakama Nation may 

12 agree; and 

13 ‘‘(bb) the additional supply 

14 made available under this clause 

15 shall be available to participating 

16 individuals and entities in pro17 portion to the proratable entitle18 ments of the participating indi19 viduals and entities, or in such 

20 other proportion as the partici21 pating entities may agree; and 

22 ‘‘(II) to facilitate reservoir oper23 ations in the reach of the Yakima 

24 River between Keechelus Dam and 


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1 Easton Dam for the propagation of 

2 anadromous fish. 

3 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing in 

4 this paragraph affects (as in existence on the 

5 date of enactment of this section) any contract, 

6 law (including regulations) relating to repay7 ment costs, water right, or Yakama Nation trea8 ty right. 

9 ‘‘(3) COMMENCEMENT.—The Secretary shall not 

10 commence entering into agreements pursuant to sub11 section (a)(2)(A)(ii) or subsection (b)(1) or imple12 menting any activities pursuant to the agreements be13 fore the date on which— 

14 ‘‘(A) all applicable and required feasibility 

15 studies, environmental reviews, and cost-benefit 

16 analyses have been completed and include favor17 able recommendations for further project develop18 ment, including an analysis of— 

19 ‘‘(i) the impacts of the agreements and 

20 activities conducted pursuant to subsection 

21 (a)(2)(A)(ii) on adjacent communities, in22 cluding potential fire hazards, water access 

23 for fire districts, community and home24 owner wells, future water levels based on 


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1 projected usage, recreational values, and 

2 property values; and 

3 ‘‘(ii) specific options and measures for 

4 mitigating the impacts, as appropriate; 

5 ‘‘(B) the Secretary has made the agreements 

6 and any applicable project designs, operations 

7 plans, and other documents available for public 

8 review and comment in the Federal Register for 

9 a period of not less than 60 days; and 

10 ‘‘(C) the Secretary has made a determina11 tion, consistent with applicable law, that the 

12 agreements and activities to which the agree13 ments relate— 

14 ‘‘(i) are in the public interest; and 

15 ‘‘(ii) could be implemented without sig16 nificant adverse impacts to the environ17 ment. 

18 ‘‘(4) ELECTRICAL POWER ASSOCIATED WITH

19 KACHESS DROUGHT RELIEF PUMPING PLANT.— 

20 ‘‘(A) IN GENERAL.—The Administrator of 

21 the Bonneville Power Administration, pursuant 

22 to the Pacific Northwest Electric Power Plan23 ning and Conservation Act (16 U.S.C. 839 et 

24 seq.), shall provide to the Secretary project power 

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1 structed under this title if inactive storage in 

2 Kachess Reservoir is needed to provide drought 

3 relief for irrigation, subject to the requirements 

4 of subparagraphs (B) and (C). 

5 ‘‘(B) DETERMINATION.—Power may be pro6 vided under subparagraph (A) only if— 

7 ‘‘(i) there is in effect a drought dec8 laration issued by the State of Washington; 

9 ‘‘(ii) there are conditions that have led 

10 to 70 percent or less water delivery to pro11 ratable irrigation districts, as determined 

12 by the Secretary; and 

13 ‘‘(iii) the Secretary determines that it 

14 is appropriate to provide power under that 

15 subparagraph. 

16 ‘‘(C) PERIOD OF AVAILABILITY.—Power 

17 under subparagraph (A) shall be provided until 

18 the date on which the Secretary determines that 

19 power should no longer be provided under that 

20 subparagraph, but for not more than a 1-year 

21 period or the period during which the Secretary 

22 determines that drought mitigation measures are 

23 necessary in the Yakima River basin. 

24 ‘‘(D) RATE.—The Administrator of the 

25 Bonneville Power Administration shall provide 


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1 power under subparagraph (A) at the then-ap2 plicable lowest Bonneville Power Administration 

3 rate for public body, cooperative, and Federal 

4 agency customers firm obligations, which as of 

5 the date of enactment of this section is the pri6 ority firm Tier 1 rate, and shall not include any 

7 irrigation discount. 

8 ‘‘(E) LOCAL PROVIDER.—During any pe9 riod in which power is not being provided under 

10 subparagraph (A), the power needed to operate 

11 the Kachess Pumping Plant shall be obtained by 

12 the Secretary from a local provider. 

13 ‘‘(F) COSTS.—The cost of power for such 

14 pumping, station service power, and all costs of 

15 transmitting power from the Federal Columbia 

16 River Power System to the Yakima Enhance17 ment Project pumping facilities shall be borne by 

18 irrigation districts receiving the benefits of that 

19 water. 

20 ‘‘(G) DUTIES OF COMMISSIONER.—The 

21 Commissioner of Reclamation shall be respon22 sible for arranging transmission for deliveries of 

23 Federal power over the Bonneville system 

24 through applicable tariff and business practice 

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1 ranging transmission for deliveries of power ob2 tained from a local provider. 

3 ‘‘(c) DESIGN AND USE OF GROUNDWATER RECHARGE

4 PROJECTS.— 

5 ‘‘(1) IN GENERAL.—Any water supply that re6 sults from an aquifer storage and recovery project 

7 shall not be considered to be a part of the total water 

8 supply available if— 

9 ‘‘(A) the water for the aquifer storage and 

10 recovery project would not be available for use, 

11 but instead for the development of the project; 

12 ‘‘(B) the aquifer storage and recovery 

13 project will not otherwise impair any water sup14 ply available for any individual or entity enti15 tled to use the total water supply available; and 

16 ‘‘(C) the development of the aquifer storage 

17 and recovery project will not impair fish or 

18 other aquatic life in any localized stream reach. 

19 ‘‘(2) PROJECT TYPES.—The Secretary may pro20 vide technical assistance for, and participate in, any 

21 of the following 3 types of groundwater recharge 

22 projects (including the incorporation of groundwater 

23 recharge projects into Yakima Project operations, as 

24 appropriate): 


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1 ‘‘(A) Aquifer recharge projects designed to 

2 redistribute Yakima Project water within a 

3 water year for the purposes of supplementing 

4 stream flow during the irrigation season, par5 ticularly during storage control, subject to the 

6 condition that if such a project is designed to 

7 supplement a mainstem reach, the water supply 

8 that results from the project shall be credited to 

9 instream flow targets, in lieu of using the total 

10 water supply available to meet those targets. 

11 ‘‘(B) Aquifer storage and recovery projects 

12 that are designed, within a given water year or 

13 over multiple water years— 

14 ‘‘(i) to supplement or mitigate for mu15 nicipal uses; 

16 ‘‘(ii) to supplement municipal supply 

17 in a subsurface aquifer; or 

18 ‘‘(iii) to mitigate the effect of ground19 water use on instream flow or senior water 

20 rights. 

21 ‘‘(C) Aquifer storage and recovery projects 

22 designed to supplement existing irrigation water 

23 supply, or to store water in subsurface aquifers, 

24 for use by the Kittitas Reclamation District, the 

25 Roza Irrigation District, or any other proratable 


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1 irrigation entity participating in the repayment 

2 of the construction, operation, and maintenance 

3 costs of the facilities under this section during 

4 years in which the total water supply available 

5 is insufficient to provide to those proratable irri6 gation entities all water to which the entities are 

7 entitled, subject to the conditions that— 

8 ‘‘(i) the Bureau of Indian Affairs, the 

9 Wapato Irrigation Project, and the Yakama 

10 Nation, on an election to participate, may 

11 also obtain water from aquifer storage to 

12 enhance applicable existing irrigation water 

13 supply in accordance with such terms and 

14 conditions to which the Bureau of Indian 

15 Affairs and the Yakama Nation may agree; 

16 and 

17 ‘‘(ii) nothing in this subparagraph af18 fects (as in existence on the date of enact19 ment of this section) any contract, law (in20 cluding regulations) relating to repayment 

21 costs, water right, or Yakama Nation treaty 

22 right. 

23 ‘‘(d) FEDERAL COST-SHARE.— 

24 ‘‘(1) IN GENERAL.—The Federal cost-share of a 

25 project carried out under this section shall be deterVerDate Sep 11 2014 23:43 Dec 18, 2015 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\S1694.RS S1694

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1 mined in accordance with the applicable laws (in2 cluding regulations) and policies of the Bureau of 

3 Reclamation. 

4 ‘‘(2) INITIAL PHASE.—The Federal cost-share for 

5 the initial development phase of the Integrated Plan 

6 shall not exceed 50 percent of the total cost of the ini7 tial development phase. 

8 ‘‘(3) STATE AND OTHER CONTRIBUTIONS.—The 

9 Secretary may accept as part of the non-Federal cost10 share of a project carried out under this section, and 

11 expend as if appropriated, any contribution (includ12 ing in-kind services) by the State of Washington or 

13 any other individual or entity that the Secretary de14 termines will enhance the conduct and completion of 

15 the project. 

16 ‘‘(4) LIMITATION ON USE OF OTHER FEDERAL

17 FUNDS.—Except as otherwise provided in this title, 

18 other Federal funds may not be used to provide the 

19 non-Federal cost-share of a project carried out under 

20 this section. 

21 ‘‘(e) SAVINGS AND CONTINGENCIES.—Nothing in this 

22 section shall— 

23 ‘‘(1) be a new or supplemental benefit for pur24 poses of the Reclamation Reform Act of 1982 (43 

25 U.S.C. 390aa et seq.); 


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1 ‘‘(2) affect any contract in existence on the date 

2 of enactment of the Yakima River Basin Water En3 hancement Project Phase III Act of 2015 that was ex4 ecuted pursuant to the reclamation laws; 

5 ‘‘(3) affect any contract or agreement between the 

6 Bureau of Indian Affairs and the Bureau of Reclama7 tion; 

8 ‘‘(4) affect, waive, abrogate, diminish, define, or 

9 interpret the treaty between the Yakama Nation and 

10 the United States; or 

11 ‘‘(5) constrain the continued authority of the 

12 Secretary to provide fish passage in the Yakima 

13 Basin in accordance with the Hoover Power Plant 

14 Act of 1984 (43 U.S.C 619 et seq.). 

15 ‘‘SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES. 

16 ‘‘The Secretary shall retain authority and discretion 

17 over the management of project supplies to optimize oper18 ational use and flexibility to ensure compliance with all 

19 applicable Federal and State laws, treaty rights of the 

20 Yakama Nation, and legal obligations, including those con21 tained in this Act. That authority and discretion includes 

22 the ability of the United States to store, deliver, conserve, 

23 and reuse water supplies deriving from projects authorized 

24 under this title.’’. 


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Calendar No. 332 

114TH CONGRESS 

1ST SESSION S. 1694 

[Report No. 114–187] 

A BILL 

To amend Public Law 103–434 to authorize Phase 

other purposes. management in the Yakima River basin, and for ment Project for the purposes of improving water III of the Yakima River Basin Water EnhanceDECEMBER 16, 2015 

Reported with an amendment 


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