II

103D CONGRESS

1ST SESSION S. 1411

To authorize certain elements of the Yakima River Basin Water Enhancement

Project, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. GORTON introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To authorize certain elements of the Yakima River Basin

Water Enhancement Project, 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 Basin Water

5 Enhancement Act of 1993’’.

6 SEC. 2. PURPOSES.

7 The purposes of this Act are—

8 (1) to protect, mitigate, and enhance fish and

9 wildlife through improved water management, im10 proved instream flows, improved water quality, pro-
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1 tection, creation and enhancement of wetlands, and

2 by other appropriate means of habitat improvement;

3 (2) to improve the reliability of water supply for

4 irrigation;

5 (3) to authorize a Yakima basin water con6 servation program that will improve the efficiency of

7 water delivery and use, and to enhance basin water

8 supplies, improve water quality, protect, create and

9 enhance wetlands, and determine the quantity of

10 basin water needs that can be met by water con11 servation measures;

12 (4) to encourage voluntary transactions among

13 public and private entities that result in the imple14 mentation of water conservation measures, practices,

15 and facilities; and

16 (5) to provide for the discretionary implementa17 tion by the Yakima Indian Nation of—

18 (A) an irrigation demonstration project on

19 the Yakima Indian Reservation using water sav20 ings from system improvements to the Wapato

21 Irrigation Project; and

22 (B) a Toppenish Creek corridor enhance23 ment project integrating agricultural, fish, wild24 life, and cultural resources.
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1 SEC. 3. DEFINITIONS.

2 As used in this Act:

3 (1) BASIN CONSERVATION PROGRAM.—The

4 term ‘‘Basin Conservation Program’’ means the

5 Yakima River Basin Water Conservation Program

6 established under section 4(a).

7 (2) CONSERVATION ADVISORY GROUP.—The

8 term ‘‘Conservation Advisory Group’’ means the

9 Yakima River Basin Conservation Advisory Group

10 established under section 4(c).

11 (3) IRRIGATION DEMONSTRATION PROJECT.—

12 The term ‘‘Irrigation Demonstration Project’’ means

13 the Yakima Indian Reservation Irrigation Dem14 onstration Project authorized in section 5(b).

15 (4) ON-DISTRICT STORAGE.—The term ‘‘on-dis16 trict storage’’ means small water storage facilities lo17 cated within the boundaries of an irrigation entity,

18 including reregulating reservoirs, holding ponds, or

19 other new storage methods that allow for efficient

20 water use.

21 (5) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of the Interior.

23 (6) TOPPENISH ENHANCEMENT PROJECT.—The

24 term ‘‘Toppenish Enhancement Project’’ means the

25 Toppenish Creek Corridor Enhancement Project au26 thorized by section 5(c).
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1 (7) YAKIMA PROJECT SUPERINTENDENT.—The

2 term ‘‘Yakima Project Superintendent’’ means the

3 individual designated by the Regional Director, Pa4 cific Northwest Region, Bureau of Reclamation, to

5 be responsible for the operation and management of

6 the Yakima Federal Reclamation Project, Washing7 ton.

8 SEC. 4. YAKIMA RIVER BASIN WATER CONSERVATION PRO9 GRAM.

10 (a) ESTABLISHMENT.—

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with the Governor of the State of Washington,

13 representatives of the Yakima Indian Nation, Yak14 ima River Basin irrigators, and other interested par15 ties, shall establish and administer a Yakima River

16 Basin Water Conservation Program.

17 (2) PURPOSE.—The purpose of the Basin Con18 servation Program shall be to evaluate and carry out

19 measures to improve the availability of water sup20 plies for irrigation and the protection and enhance21 ment of fish and wildlife resources, including wet22 lands, while improving the quality of water in the

23 Yakima Basin.

24 (3) YAKIMA INDIAN NATION.—This section shall

25 not apply to the Yakima Indian Nation except to the
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1 extent that the Yakima Indian Nation specifically

2 applies for funds from the Basin Conservation Pro3 gram.

4 (4) GRANTS.—The Secretary may make grants

5 to eligible entities to carry out this Act under such

6 terms and conditions as the Secretary may require.

7 (b) PHASES OF PROGRAM.—The Basin Conservation

8 Program shall encourage and provide funding assistance

9 for the following 4 phases of water conservation:

10 (1) FIRST PHASE.—The first phase shall con11 sist of the development of water conservation plans,

12 consistent with guidelines developed pursuant to

13 subsection (d), by—

14 (A) irrigation districts;

15 (B) conservation districts;

16 (C) water purveyors;

17 (D) other areawide entities; and

18 (E) individuals not included within an

19 areawide entity.

20 (2) SECOND PHASE.—The second phase shall

21 consist of the investigation of the feasibility of spe22 cific potential water conservation measures identified

23 in conservation plans.

24 (3) THIRD PHASE.—The third phase shall con25 sist of the implementation of measures that have
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1 been identified in conservation plans and have been

2 investigated for feasibility.

3 (4) FOURTH PHASE.—The fourth phase shall

4 consist of post-implementation monitoring and eval5 uation of implemented measures.

6 (c) CONSERVATION ADVISORY GROUP.—

7 (1) ESTABLISHMENT.—Not later than 1 year

8 after the date of enactment of this Act, the Sec9 retary, in consultation with the Governor of the

10 State of Washington, representatives of the Yakima

11 Indian Nation, Yakima River basin irrigators, and

12 other interested and related parties, shall establish

13 the Yakima River Basin Conservation Advisory

14 Group.

15 (2) MEMBERS.—Members of the Conservation

16 Advisory Group shall be appointed by the Secretary

17 and shall be comprised of—

18 (A) 2 representatives of the Yakima River

19 basin irrigators;

20 (B) 1 representative of the Yakima Indian

21 Nation;

22 (C) 1 representative of counties and cities

23 in the Yakima River basin; and

24 (D) 1 representative of environmental in25 terests.
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1 (3) DUTIES.—The Conservation Advisory

2 Group shall—

3 (A) provide recommendations to the Sec4 retary regarding the structure and implementa5 tion of the Basin Conservation Program;

6 (B) assist in the preparation of guidelines

7 for the Basin Conservation Program, as pro8 vided for in subsection (d);

9 (C) structure a process to integrate spe10 cific water conservation measures into a basin

11 conservation plan;

12 (D) provide for an annual review of the

13 implementation of the guidelines; and

14 (E) provide recommendations consistent

15 with State laws, on rules, regulations, and ad16 ministration of a process to facilitate the vol17 untary sale or lease of water.

18 (4) DECISIONMAKING.—The Conservation Advi19 sory Group shall make decisions based on consensus

20 whenever possible. If disagreement occurs, any mem21 ber may submit independent comments to the Sec22 retary.

23 (5) TERMINATION.—The Conservation Advisory

24 Group shall terminate 5 years after the date of the
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1 establishment of the Advisory Group, unless ex2 tended by the Secretary.

3 (d) GUIDELINES.—

4 (1) IN GENERAL.—The Secretary, in coopera5 tion with the Governor of the State of Washington,

6 representatives of the Yakima Indian Nation, Yak7 ima River basin irrigators, and interested agencies,

8 and in consultation with the Conservation Advisory

9 Group, shall, not later than 1 year after all of the

10 members of the Conservation Advisory Group are

11 appointed, adopt guidelines to be used in the admin12 istration of the Basin Conservation Program.

13 (2) REPORT.—

14 (A) IN GENERAL.—The Secretary shall

15 submit a detailed report on the guidelines to—

16 (i) the Committee on Energy and

17 Natural Resources of the Senate;

18 (ii) the Committee on Natural Re19 sources of the House of Representatives;

20 and

21 (iii) the Governor of the State of

22 Washington.

23 (B) DRAFT REPORT.—Not later than 60

24 days prior to the submission of the report under
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1 subparagraph (A), the Secretary shall make a

2 draft of the report available to—

3 (i) the Governor of the State of Wash4 ington;

5 (ii) representatives of the Yakima In6 dian Nation;

7 (iii) Yakima River basin irrigators;

8 (iv) representatives of related agen9 cies; and

10 (v) the public.

11 (C) COMMENT.—

12 (i) PROCEDURES.—The Secretary

13 shall establish procedures for timely com14 ments on the draft report.

15 (ii) INCLUSION OF COMMENTS.—The

16 Secretary shall include a summary of the

17 comments on the draft report as an appen18 dix to the final report.

19 (3) CONTENTS OF GUIDELINES.—The guide20 lines shall, to the extent possible, be consistent with

21 State law funding processes, regulations, and guide22 lines and shall include the following:

23 (A) Standards for the scope and content of

24 water conservation plans and for feasibility

25 studies of specific measures.
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1 (B) Eligibility requirements for funding of

2 proposals for conservation plan development, in3 vestigation of measures, and implementation.

4 (C) Criteria for evaluating and prioritizing

5 proposals for the development of conservation

6 plans and the investigation of potential meas7 ures and implementation, including—

8 (i) the availability of information on

9 water diversions and use in the area for

10 which the measures are proposed;

11 (ii) information to be gained, and ap12 plicability to other areas and programs in

13 the Yakima River basin;

14 (iii) cost-effectiveness and availability

15 of non-Federal funding;

16 (iv) the quantity of reduced diversions

17 and timing in relation to present diver18 sions;

19 (v) the extent to which each measure

20 will contribute to the improved use of the

21 available water and the reliability of the

22 water supply of the Yakima River basin;

23 (vi) post-implementation monitoring

24 and evaluation;
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1 (vii) a plan to mitigate adverse envi2 ronmental effects;

3 (viii) the extent to which proposed

4 measures incorporate the testing of innova5 tive water management techniques and

6 technology;

7 (ix) the extent to which proposed

8 measures contribute to the maintenance of

9 the economic viability of agriculture in the

10 area;

11 (x) consistency with applicable laws

12 and Federal, State, tribal, and Yakima

13 River basin water resource policies, goals,

14 and objectives;

15 (xi) the existence or willingness of ir16 rigation entities and other Basin Conserva17 tion Program participants to adopt proce18 dures providing for incremental water pric19 ing; and

20 (xii) the willingness to permanently

21 restrict annual water diversions to a mutu22 ally agreed quantity in recognition of se23 curing funding from and accomplishments

24 of the Basin Conservation Program.
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1 (D) Institutional and economic incentives

2 to increase conservation and to promote more

3 efficient use of water, including the specifica4 tion of procedures for the voluntary transfer of

5 water within the Yakima River basin.

6 (E) Procedures for administration and al7 location of funds from the Basin Conservation

8 Program.

9 (F) Oversight of the Basin Conservation

10 Program and consultation requirements.

11 (e) COST SHARING.—

12 (1) IN GENERAL.—Costs incurred in the 4

13 phases of the Basin Conservation Program shall be

14 shared as follows:

Program phase

Non-Federal Federal

share State share Local

1. Development of water conservation

plans

50% but

not more

than

$200,000

per recipient

Residual

amount if

any

50%

2. Investigation of specific water conservation measures50% but

sum of 1

and 2 not

greater

than

$200,000

per recipient

20% after

deducting

State

funds for

Item 2

Residual

amount

after deducting

State and

local

funds for

Item 2

3 and 4. Implementation and post-implementation monitoring and evaluation35% 30% 35%
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1 (2) SPECIFIC WATER RELATED IMPROVE2 MENTS.—

3 (A) NON-FEDERAL EXPENDITURES.—

4 Water and water related resource improvements

5 implemented in the Yakima River basin subse6 quent to and independent of this Act that uti7 lize funding from the Bonneville Power Admin8 istration under the Pacific Northwest Electric

9 Power Planning and Conservation Act of 1980

10 (16 U.S.C. 839 et seq.) to enhance fishery re11 sources, and independent water related im12 provements of the State of Washington and

13 other public and private entities to improve irri14 gation water use, water supply, and water qual15 ity shall be treated as non-Federal cost-share

16 expenditures under this Act for purposes of the

17 implementation and post-implementation mon18 itoring and evaluation phases of the Basin Con19 servation Program.

20 (B) LIMITATION ON AMOUNT OF NON-FED21 ERAL SHARE.—Expenditures described in sub22 paragraph (A) shall be limited to 50 percent of

23 the non-Federal share of the total costs in24 curred in the implementation and post-imple25 mentation monitoring and evaluation phases of
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1 the Basin Conservation Program, and shall re2 duce the total amount of the non-Federal cost

3 share required for the phases.

4 (3) BASIN CONSERVATION PROGRAM.—Costs of

5 the Basin Conservation Program related to projects

6 on the Yakima Indian Reservation shall be a Federal

7 responsibility, shall be nonreimbursable, and shall

8 not be subject to the cost-sharing requirements of

9 this subsection.

10 (f) PUBLIC REVIEW.—A water conservation plan rec11 ommended for funding through the Basin Conservation

12 Program shall be made available to the public for a period

13 of not less than 30 days for review and comment prior

14 to submission to the Secretary. A summary of the com15 ments shall be included with the recommendation of the

16 Conservation Advisory Group upon transmittal to the Sec17 retary.

18 (g) CONSERVATION MEASURES.—

19 (1) IN GENERAL.—Measures considered for im20 plementation in the Basin Conservation Program

21 may include—

22 (A) conveyance and distribution system

23 monitoring;

24 (B) automation of water conveyance sys25 tems;
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1 (C) lining and piping of water conveyance

2 and distribution systems;

3 (D) on-district storage;

4 (E) electrification of hydraulic turbines;

5 (F) tailwater recycling;

6 (G) consolidation of irrigation systems;

7 (H) irrigation scheduling; and

8 (I) improvement of on-farm water applica9 tion systems.

10 (2) FUNDING.—Basin Conservation Program

11 funds may be used throughout all 4 phases of the

12 Conservation Program to mitigate adverse effects of

13 program measures.

14 (3) OTHER MEASURES.—

15 (A) TESTING.—In addition to implement16 ing technologies existing on the date of enact17 ment of this Act, the Secretary shall encourage

18 the testing of innovative water conservation

19 measures.

20 (B) INNOVATIVE ALLOCATION TOOLS.—

21 The Secretary shall, to the maximum extent

22 possible under Federal and State law, cooperate

23 with the State of Washington to facilitate—

24 (i) water and water right transfers;

25 (ii) water banking;
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1 (iii) dry year options;

2 (iv) the sale and leasing of water; and

3 (v) other innovative allocation tools

4 used to maximize the utility of Yakima

5 River basin water supplies.

6 (4) ACQUISITION OF WATER RIGHTS.—The Sec7 retary may use funds made available to carry out

8 this section for the purchase or lease of land, water,

9 or water rights from any entity or individual willing

10 to limit or forego water use on a temporary or per11 manent basis.

12 (5) ON-FARM WATER MANAGEMENT.—On-farm

13 water management improvements shall be coordi14 nated with programs administered by the Secretary

15 of Agriculture and State conservation districts.

16 (h) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to the Secretary the fol18 lowing amounts for the Basin Conservation Program:

19 (1) $1,000,000 for the development of water

20 conservation plans.

21 (2) $4,000,000 for investigation of specific po22 tential water conservation measures identified in

23 conservation plans for consideration for implement24 ing through the Basin Conservation Program.
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1 (3) $67,500,000 for implementation, post-im2 plementation monitoring and evaluation of measures,

3 and addressing environmental impacts.

4 (4) $6,000,000 for the initial acquisition of

5 water from willing sellers or lessors specifically to

6 provide instream flows for interim periods to facili7 tate the outward migration of anadromous fish. The

8 funds shall not be subject to the cost-sharing re9 quirements of subsection (e).

10 (5) $100,000 for each fiscal year for the estab11 lishment and support of the Conservation Advisory

12 Group during duration of the Group. Funds made

13 available under this paragraph shall be made avail14 able for travel and per diem expenses, rental of

15 meeting rooms, typing, printing and mailing, and as16 sociated administrative needs. The Secretary and the

17 Governor of the State of Washington shall provide

18 appropriate staff support to the Conservation Advi19 sory Group.

20 SEC. 5. YAKIMA INDIAN NATION.

21 (a) WAPATO IRRIGATION PROJECT IMPROVE22 MENTS.—

23 (1) COORDINATION.—The system improvements

24 of the Yakima Indian Nation to the Wapato Irriga-
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1 tion Project proposed pursuant to this Act shall be

2 coordinated with the Bureau of Indian Affairs.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 (A) IN GENERAL.—There are authorized to

5 be appropriated to the Secretary $10,000,000

6 for the preparation of plans, investigation of

7 measures, and, following the certification by the

8 Secretary that the measures are consistent with

9 the water conservation objectives of this Act,

10 the implementation of system improvements to

11 the Wapato Irrigation Project.

12 (B) FURTHER IMPROVEMENTS.—Funding

13 for further improvements within the Wapato Ir14 rigation Project may be acquired under the

15 Basin Conservation Program or other sources

16 identified by the Yakima Indian Nation.

17 (3) USE OF SAVINGS.—Water savings resulting

18 from irrigation system improvements shall be avail19 able for the use of the Yakima Indian Nation for ir20 rigation and other purposes on the reservation and

21 for protection and enhancement of fish and wildlife

22 within the Yakima River basin. The conveyance of

23 the water through irrigation facilities, other than the

24 Wapato Irrigation Project, shall be on a voluntary

25 basis.
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1 (b) IRRIGATION DEMONSTRATION PROJECT.—

2 (1) IN GENERAL.—Subject to paragraph (3),

3 there are authorized to be appropriated to the Sec4 retary $8,500,000 for the design and construction of

5 the Yakima Indian Reservation Irrigation Dem6 onstration Project.

7 (2) OPERATION AND MAINTENANCE.—In addi8 tion to amounts made available under paragraph

9 (1), and subject to paragraph (3), there are author10 ized to be appropriated to the Secretary such sums

11 as are necessary for the operation and maintenance

12 of the Irrigation Demonstration Project, including

13 funds for administration, training, equipment, mate14 rials, and supplies for a period specified by the

15 Secretary.

16 (3) CONCURRENCE OF SECRETARY.—Funds

17 may not be made available under this subsection

18 until the Yakima Indian Nation obtains the concur19 rence of the Secretary in the construction, manage20 ment, and administration of the Irrigation Dem21 onstration Project.

22 (4) CONSTRUCTION OF FACILITIES.—The Irri23 gation Demonstration Project shall provide for the

24 construction of distribution and on-farm irrigation

25 facilities to use water savings resulting from the
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1 Wapato Irrigation Project system improvements

2 for—

3 (A) demonstrating cost-effective, state-of4 the-art irrigation water management and con5 servation;

6 (B) training tribal members in irrigation

7 methods, operation, and management; and

8 (C) upgrading existing hydroelectric facili9 ties and constructing additional hydroelectric

10 facilities on the reservation to meet irrigation

11 pumping power needs.

12 (c) TOPPENISH CREEK CORRIDOR ENHANCEMENT

13 PROJECT APPROPRIATIONS.—There are authorized to be

14 appropriated to the Secretary—

15 (1) $1,500,000 for the investigation by the

16 Yakima Indian Nation of measures to develop a

17 Toppenish Creek Corridor Enhancement Project to

18 demonstrate integration of management of agricul19 tural, fish, wildlife, and cultural resources to meet

20 tribal objectives; and

21 (2) such sums as the Secretary determines are

22 necessary for the implementation and maintenance

23 of a Toppenish Creek Corridor Enhancement

24 Project.
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1 (d) REPORT.—Not later than 5 years after the imple2 mentation of the Irrigation Demonstration Project and the

3 Toppenish Enhancement Project, the Secretary, in con4 sultation with the Yakima Indian Nation, shall report to

5 the Committee on Energy and Natural Resources of the

6 Senate, the Committee on Natural Resources of the House

7 of Representatives, and the Governor of the State of

8 Washington on the effectiveness of the conservation, train9 ing, mitigation, and other measures implemented.

10 (e) STATUS OF IMPROVEMENTS AND FACILITIES.—

11 The Wapato Irrigation Project system improvements and

12 any specific irrigation facility of the Irrigation Demonstra13 tion Project and the Toppenish Enhancement Project shall

14 be considered part of the Wapato Irrigation Project.

15 (f) TREATMENT OF CERTAIN COSTS.—Costs related

16 to Wapato Irrigation Project improvements, the Irrigation

17 Demonstration Project, and the Toppenish Enhancement

18 Project shall be a Federal responsibility and shall be

19 nonreimbursable.

20 SEC. 6. OPERATION OF YAKIMA BASIN PROJECTS.

21 (a) WATER SAVINGS FROM BASIN CONSERVATION

22 PROGRAM.—

23 (1) INTENTION OF CONGRESS.—It is the inten24 tion of Congress that the Basin Conservation Pro25 gram shall result in reductions in water diversions
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1 allowing for changes in the operation of the Yakima

2 Project, as in existence on the date of enactment of

3 this Act, to improve streamflow conditions in the

4 Yakima River basin.

5 (2) ESTIMATION OF WATER SUPPLY; FLOWS.—

6 (A) IN GENERAL.—The Secretary shall,

7 acting through the Yakima Project Super8 intendent—

9 (i) continue to estimate the water sup10 ply that is anticipated to be available to

11 meet water entitlements; and

12 (ii) provide instream flows in accord13 ance with the following criteria:

Water supply estimate for period (million acre feet): Target flow from

date of estimate thru

October downstream

of (cubic feet per second): April

through

September

May

through

September

June

through

September

July

through

September Sunnyside Diversion

Dam

Prosser Diversion

Dam

(1) 3.2 2.9 2.4 1.9 600 600

(2) 2.9 2.65 2.2 1.7 500 500

(3) 2.65 2.4 2.0 1.5 400 400

Less than line 3 water supply 300 300.

14 (B) TARGET FLOWS.—The instream flows

15 referred to in subparagraph (A)(ii) shall, with

16 represent target flows at the respective points,

17 with reasonable fluctuations from the targets
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1 flows anticipated in the operation of the Yak2 ima Project.

3 (C) DEFINITION OF FULL SUPPLY.—As

4 used in this section, the term ‘‘full supply’’

5 means the figures in the water supply columns

6 referred to in subparagraph (A)(ii).

7 (3) INCREASE IN INSTREAM FLOWS.—The

8 instream flows shall be increased for interim periods

9 during April through October to facilitate, when nec10 essary, the outward migration of anadromous fish.

11 Increased instream flows for the interim periods

12 shall be obtained through voluntary sale and leasing

13 of water or water rights.

14 (4) REVIEW OF FALL SUPPLY.—

15 (A) IN GENERAL.—The Secretary, in co16 operation with the Governor of the State of

17 Washington, representatives of the Yakima In18 dian Nation, and Yakima River basin irrigators

19 shall, not less often than once every 5 years

20 after the completion of the first measure of the

21 Basin Conservation Program, review the compo22 nents that comprise the full supply.

23 (B) ADJUSTMENTS.—If the actual supply

24 reflects an increase in relation to the quantity

25 required to meet irrigation water entitlements
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1 and a reduction in water diversions that are at2 tributed to the Basin Conservation Program,

3 the full supply may be adjusted downward and

4 the Yakima Project shall be operated by the

5 Yakima Project Superintendent in accordance

6 with the adjusted criteria.

7 (C) USE OF WATER SAVINGS.—Water sav8 ings resulting from improvements to the

9 Wapato Irrigation Project shall be available for

10 use by the Yakima Indian Nation for irrigation

11 and other purposes on the reservation and for

12 the protection and enhancement of fish and

13 wildlife within the Yakima River basin.

14 (5) EFFECT OF JUDICIAL ACTIONS.—Oper15 ational procedures and processes in the Yakima

16 River basin that have been or may be implemented

17 through judicial actions shall not be affected by this

18 Act.

19 (b) WATER FROM LAKE CLE ELUM.—Water accru20 ing from the development of additional storage capacity

21 at Lake Cle Elum, made available as a result of the modi22 fications authorized in section 6(a), shall be considered a

23 part of the water supply of the basin as provided in sub24 section (a). Releases may be made from other Yakima

25 Project storage facilities to most effectively utilize water
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1 surpluses, except that water deliveries to holders of exist2 ing water rights shall not be impaired.

3 (c) STATUS OF BASIN CONSERVATION PROGRAM FA4 CILITIES.—

5 (1) INTEGRATION AND COORDINATION.—Meas6 ures of the Basin Conservation Program that are

7 implemented in connection with facilities under the

8 administrative jurisdiction of the Secretary, except

9 as provided in section 5, shall be considered part of

10 the Yakima River Basin Water Enhancement

11 Project, and the operation and maintenance of the

12 Basin Conservation Program shall be integrated and

13 coordinated with other features of the Yakima

14 Project.

15 (2) OPERATION AND MAINTENANCE.—The re16 sponsibility for operation and maintenance and the

17 related costs of the facilities described in paragraph

18 (1) shall remain with the operating entity. As appro19 priate, the Secretary shall incorporate the operation

20 and maintenance of the facilities into agreements.

21 (3) OPERATION.—The Secretary shall ensure

22 that the facilities are operated in a manner consist23 ent with Federal and State laws and in accordance

24 with water rights recognized under Federal and

25 State law.
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1 (d) WATER ACQUIRED BY PURCHASE AND LEASE.—

2 Water acquired from voluntary sellers and lessors shall be

3 administered in accordance with the laws of the State of

4 Washington, including chapter 90.38 of the Revised Code

5 of Washington.

6 (e) APPROPRIATION FOR CHANDLER POWER CANAL

7 OPERATIONS.—There are authorized to be appropriated

8 to the Secretary $480,000 for facilities to automate the

9 headgate, wasteways, and trashrack of the Chandler

10 Power Canal to maintain operating controls for the deliv11 ery of water to the Kennewick Division as the require12 ments of subsection (a) are implemented.

13 SEC. 7. LAKE CLE ELUM AUTHORIZATION OF APPROPRIA14 TIONS.

15 (a) MODIFICATIONS AND IMPROVEMENTS.—There

16 are authorized to be appropriated to the Secretary—

17 (1) $2,934,000 to—

18 (A) modify the radial gates at Cle Elum

19 Dam to provide an additional 14,600 acre-feet

20 of storage capacity in Lake Cle Elum;

21 (B) provide for shoreline protection of

22 Lake Cle Elum; and

23 (C) construct juvenile fish passage facili24 ties at Cle Elum Dam; and
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1 (2) such sums as are necessary for environ2 mental mitigation.

3 (b) OPERATION AND MAINTENANCE APPROPRIA4 TIONS.—There are authorized to be appropriated to the

5 Secretary such sums as are necessary for the share of the

6 operation and maintenance of Cle Elum Dam determined

7 by the Secretary to be a Federal responsibility.

8 SEC. 8. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA

9 BASIN TRIBUTARIES.

10 (a) GENERAL PROVISIONS.—The following shall

11 apply to the investigation and implementation of measures

12 to enhance water supplies for fish and wildlife and irriga13 tion purposes on tributaries of the Yakima River basin:

14 (1) AGREEMENT OF WATER RIGHT OWNERS.—

15 An enhancement program undertaken in any tribu16 tary shall be contingent upon the agreement of ap17 propriate water rights owners to participate.

18 (2) WATER RIGHTS.—The enhancement pro19 gram shall not impair—

20 (A) the water rights of any water rights

21 owners in the tributary;

22 (B) the capability of tributary water users

23 to divert, convey, and apply water; and

24 (C) existing water and land uses within the

25 tributary area.
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1 (3) LAWS OF WASHINGTON APPLICABLE.—The

2 water supply for tributary enhancement shall be ad3 ministered in accordance with the laws of the State

4 of Washington.

5 (4) AVAILABILITY OF WATER SUPPLY.—Any en6 hancement program shall be predicated upon the

7 availability of a dependable water supply.

8 (b) STUDY.—

9 (1) MEASURES STUDIED.—The Secretary, after

10 consultation with Governor of the State of Washing11 ton, the tributary water rights owners, and rep12 resentatives of the Yakima Indian Nation, and the

13 agreement of appropriate water rights owners to

14 participate, shall conduct a study concerning the

15 measures that can be implemented to enhance water

16 supplies for fish and wildlife and irrigation purposes

17 on Taneum Creek, including—

18 (A) water use efficiency improvements;

19 (B) the conveyance of water from the Yak20 ima Project through the facilities of any irriga21 tion entity willing to contract with the Sec22 retary without adverse impact to water users;

23 (C) the construction, operation, and main24 tenance of ground water withdrawal facilities;
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1 (D) contracting with any entity that is

2 willing to voluntarily limit or forego present

3 water use through lease or sale of water or

4 water rights on a temporary or permanent

5 basis;

6 (E) the purchase of water rights from will7 ing sellers; and

8 (F) other measures compatible with the

9 purposes of this Act, including restoration of

10 stream habitats.

11 (2) CONSIDERATION.—In conducting the

12 Taneum Creek study, the Secretary shall consider—

13 (A) the hydrologic and environmental char14 acteristics;

15 (B) the engineering and economic factors

16 relating to each measure; and

17 (C) the potential effects on the operations

18 of present water users in the tributary and

19 measures to alleviate the effects.

20 (3) PUBLIC COMMENT.—

21 (A) IN GENERAL.—The Secretary shall

22 make available to the public for a 45-day com23 ment period a draft report describing in detail

24 the findings, conclusions, and recommendations

25 of the study.
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1 (B) INCLUSION IN FINAL REPORT.—The

2 Secretary shall consider and include any com3 ment made in developing a final report.

4 (C) SUBMISSION OF FINAL REPORT.—The

5 final report shall be submitted to the Commit6 tee on Energy and Natural Resources of the

7 Senate, the Committee on Natural Resources of

8 the House of Representatives, and the Governor

9 of the State of Washington, and shall be made

10 available to the public.

11 (c) IMPLEMENTATION OF NONSTORAGE MEAS12 URES.—After securing the necessary permits, the Sec13 retary may, in cooperation with the head of the Depart14 ment of Ecology of the State of Washington and in accord15 ance with the laws of the State of Washington, implement

16 nonstorage measures identified in the final report under

17 subsection (b) upon fulfillment of the following conditions:

18 (1) The Secretary enters into an agreement

19 with the appropriate water rights owners who are

20 willing to participate, the Governor of the State of

21 Washington, and representatives of the Yakima In22 dian Nation, for the use and management of the

23 water supply to be provided by proposed tributary

24 measures pursuant to this section.
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1 (2) The Secretary and the State of Washington

2 finds that the implementation of the proposed tribu3 tary measures will not impair the water rights of

4 any person or entity in the affected tributary.

5 (d) OTHER YAKIMA RIVER BASIN TRIBUTARIES.—

6 An enhancement program similar to the program de7 scribed in this section may be investigated and imple8 mented by the Secretary in other tributaries contingent

9 upon the agreement of the appropriate tributary water

10 right owners to participate. The requirements of this sec11 tion shall be applicable to such other programs.

12 (e) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) IN GENERAL.—Subject to paragraph (2),

14 there are authorized to be appropriated to the Sec15 retary—

16 (A) $500,000 for the study of the Taneum

17 Creek Project;

18 (B) such additional amounts as the Sec19 retary subsequently determines are necessary

20 for the implementation of tributary measures

21 pursuant to this section; and

22 (C) such sums as the Secretary determines

23 are necessary for the investigation of similar

24 enhancement programs in other Yakima River

25 basin tributaries contingent upon the agreement
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1 of the appropriate water right owners to partici2 pate.

3 (2) INVESTIGATION REPORT.—Funds for the

4 implementation of any enhancement program, other

5 than the program described in this section, shall be

6 appropriated to the Secretary following the submit7 tal of an investigation report to the appropriate con8 gressional committees.

9 SEC. 9. ENVIRONMENTAL COMPLIANCE.

10 (a) COMPLIANCE WITH THE NATIONAL ENVIRON11 MENTAL POLICY ACT OF 1969.—Implementation of this

12 Act is contingent upon compliance by the Secretary with

13 the provisions of the National Environmental Policy Act

14 of 1969 (42 U.S.C. 4321 et seq.).

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to the Secretary

17 $2,000,000 for—

18 (1) environmental compliance activities, includ19 ing the conduct, in cooperation with the Governor of

20 the State of Washington, of an inventory of wildlife

21 and wetland resources in the Yakima River basin;

22 and

23 (2) an investigation of measures including wet24 land banking, that may be implemented to address

25 potential effects of actions taken under this Act.
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1 SEC. 10. SAVINGS PROVISIONS.

2 Nothing in this Act shall be construed to—

3 (1) affect or modify any treaty or other right of

4 the Yakima Indian Nation;

5 (2) authorize the appropriation or use of water

6 by any Federal, State, or local agency, the Yakima

7 Indian Nation, or any other entity or individual;

8 (3) impair the rights or jurisdictions of the

9 Federal Government, the States, the Yakima Indian

10 Nation, or other entities over waters of any river or

11 stream or over any ground water resource;

12 (4) alter, amend, repeal, interpret, modify, or

13 be in conflict with any interstate compact entered

14 into by the States;

15 (5) alter, establish, or impair the respective

16 rights of States, the United States, the Yakima In17 dian Nation, or any other entity or individual with

18 respect to any water or water-related right;

19 (6) alter, diminish, or abridge the rights and

20 obligations of any Federal, State, or local agency,

21 the Yakima Indian Nation, or other entity, public or

22 private;

23 (7) affect or modify the rights of the Yakima

24 Indian Nation or successors in interest to, and man25 agement and regulation of, water resources arising
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1 or used within the external boundaries of the Yak2 ima Indian Reservation;

3 (8) affect or modify the settlement agreement

4 between the United States and the State of Wash5 ington filed in Yakima County Superior Court with

6 regard to Federal reserved water rights other than

7 rights reserved by the United States for the benefit

8 of the Yakima Indian Nation and the members of

9 the Nation; or

10 (9) affect or modify the rights of any Federal,

11 State, or local agency, the Yakima Indian Nation, or

12 any other entity, with respect to any unresolved and

13 unsettled claim in any water right adjudication, or

14 court decision, including State against Acquavella,

15 or constitute evidence in any proceeding in which

16 any water or water-related right is adjudicated.

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