II 

114TH CONGRESS 

1ST SESSION S. 1694 

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 

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, 

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.— 


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

2 103–434 (108 Stat. 4550) is amended— 

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

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

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

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

7 (2) HEADING AMENDMENTS.—Section 1204 of 

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

9 (A) in the section heading by striking ‘‘IN10 DIAN’’; and 

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

12 heading, by striking ‘‘YAKAMA INDIAN NA13 TION’’ and inserting ‘‘YAKAMA NATION’’. 

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

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

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

17 following: 

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

19 wildlife and the recovery and maintenance of self20 sustaining harvestable populations of fish and other 

21 aquatic life, both anadromous and resident species, 

22 throughout their historic distribution range in the 

23 Yakima Basin through— 

24 ‘‘(A) improved water management and the 

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1 version dams, as authorized under the Hoover 

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

3 seq.); 

4 ‘‘(B) improved instream flows and water 

5 supplies; 

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

7 and ecosystem function; 

8 ‘‘(D) protection, creation, and enhance9 ment of wetlands; and 

10 ‘‘(E) other appropriate means of habitat 

11 improvement;’’; 

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

13 industrial, and domestic water supply and use pur14 poses, especially during drought years, including re15 ducing the frequency and severity of water supply 

16 shortages for pro-ratable irrigation entities’’ before 

17 the semicolon at the end; 

18 (3) by striking paragraph (4); 

19 (4) by redesignating paragraph (3) as para20 graph (4); 

21 (5) by inserting after paragraph (2) the fol22 lowing: 

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

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1 ipal, industrial, and domestic water supply pur2 poses;’’; 

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

4 end; 

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

6 the end and inserting a semicolon; and 

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

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

9 economies, and communities in the Basin as they 

10 faced drought, climate variability, and climate 

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

12 fish and wildlife of the region; and 

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

14 River Basin Integrated Water Resources Manage15 ment Plan as Phase III of the Yakima River Basin 

16 Water Enhancement Project, in a balanced approach 

17 to maximize benefits to the communities and envi18 ronment in the Basin.’’. 

19 (c) MODIFICATION OF DEFINITIONS.—Section 1202 

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

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

22 (9), (10), (11), (12), (13), and (14) as paragraphs 

23 (7), (10), (11), (12), (13), (14), (15), (17), and 

24 (19), respectively; 


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

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

4 term ‘designated Federal official’ means the Com5 missioner of Reclamation (or a designee), acting 

6 pursuant to the charter of the Conservation Advisory 

7 Group.’’; 

8 (3) by inserting after paragraph (7) (as redesig9 nated by paragraph (1)) the following: 

10 ‘‘(8) MANAGEMENT PLAN.—The term ‘Manage11 ment Plan’ means the plan described in the docu12 ment entitled ‘Final Programmatic Environmental 

13 Impact Statement and Integrated Water Resource 

14 Management Plan, Yakima River Basin, Water En15 hancement Project, Benton, Kittitas, Klickitat, and 

16 Yakima Counties, WA’ (77 Fed. Reg. 12076 (Feb17 ruary 28, 2012)). 

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

19 WATER SUPPLY AND USE.—The term ‘municipal, in20 dustrial, and domestic water supply and use’ means 

21 the supply and use of water for— 

22 ‘‘(A) domestic consumption (whether urban 

23 or rural); 

24 ‘‘(B) maintenance and protection of public 

25 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) any conservation activity relating to a 

7 use described in any of subparagraphs (A) 

8 through (E).’’; 

9 (4) by inserting after paragraph (15) (as redes10 ignated by paragraph (1)) the following: 

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

12 means the work group that— 

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

14 of the Revised Code of Washington as respon15 sible for development of the Management Plan; 

16 ‘‘(B) includes representatives of— 

17 ‘‘(i) the Yakama Nation; 

18 ‘‘(ii) Federal and State governments; 

19 ‘‘(iii) participating county and city 

20 governments; 

21 ‘‘(iv) environmental organizations; and 

22 ‘‘(v) irrigation districts; and 

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

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


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1 (5) by inserting after paragraph (17) (as redes2 ignated by paragraph (1)) the following: 

3 ‘‘(18) YAKIMA ENHANCEMENT PROJECT; YAK4 IMA RIVER BASIN WATER ENHANCEMENT

5 PROJECT.—The terms ‘Yakima Enhancement 

6 Project’ and ‘Yakima River Basin Water Enhance7 ment Project’ mean the Yakima River basin water 

8 enhancement project authorized by Congress pursu9 ant to this Act and other Acts (including Public Law 

10 96–162 (93 Stat. 1241), section 109 of Public Law 

11 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub12 lic Law 105–62 (111 Stat. 1320), and Public Law 

13 106–372 (114 Stat. 1425)) to promote water con14 servation, water supply, habitat, and stream en15 hancement improvements in the Yakima River 

16 basin.’’. 

17 SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO18 GRAM. 

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

20 4551) is amended— 

21 (1) in subsection (a)— 

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

23 and inserting ‘‘section’’; and 


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1 (B) in paragraph (2), by striking ‘‘irriga2 tion’’ and inserting ‘‘the number of irrigated 

3 acres’’; 

4 (2) in subsection (c)— 

5 (A) in paragraph (2)— 

6 (i) in each of subparagraphs (A) 

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

8 end and inserting a semicolon; 

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

10 the comma at the end and inserting ‘‘; 

11 and’’; 

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

13 ‘‘Department of Wildlife of the State of 

14 Washington, and’’ and inserting ‘‘Depart15 ment of Fish and Wildlife of the State of 

16 Washington.’’; and 

17 (iv) by striking subparagraph (G); 

18 (B) in paragraph (3)— 

19 (i) in each of subparagraphs (A) 

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

21 end and inserting a semicolon; 

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

23 ‘‘, 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 

24 project will not otherwise impair any water supVerDate Sep 11 2014 23:13 Jun 30, 2015 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1694.IS S1694

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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 

25 storage to enhance applicable existing irriVerDate Sep 11 2014 23:13 Jun 30, 2015 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1694.IS S1694

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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.’’. 

Æ 


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