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104TH CONGRESS

2D SESSION H. R. 3971

To assist in the conservation and stabilization of water quantity and quality

for fish habitat and recreation in the Walker River Basin consistent

with Decree C–125, issued by the United States District Court for

the District of Nevada.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mrs. VUCANOVICH introduced the following bill; which was referred to the

Committee on Resources

A BILL

To assist in the conservation and stabilization of water quantity and quality for fish habitat and recreation in the

Walker River Basin consistent with Decree C–125, issued

by the United States District Court for the District

of Nevada.

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 ‘‘Walker River Basin

5 Conservation and Stabilization Act of 1996’’.
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1 SEC. 2. PARTICIPATION IN WATER BANKING AND LAKE

2 PROTECTION AND ENHANCEMENT.

3 (a) PURPOSE.—The Secretary of the Interior (in this

4 Act referred to as the ‘‘Secretary’’) shall participate in ef5 forts by the Walker River Basin Water Users Association,

6 the Walker River Irrigation District, and the Walker River

7 Paiute Tribe (in this Act referred to as the ‘‘locally af8 fected interests’’) to conduct studies relating to, and to

9 implement, the projects described in subsection (e), to as10 sist in the stabilization of water quantity and quality at

11 Walker Lake for the purposes of conserving fish habitat

12 and recreation in the Walker River Basin.

13 (b) PARTICIPATION.—The Secretary, subject to the

14 availability of appropriations, shall provide funds and

15 technical assistance to the locally affected interests

16 through grants or cooperative agreements pursuant to

17 memoranda of understanding under subsection (d).

18 (c) COST SHARING.—The Secretary’s share of costs

19 associated with the projects described in subsection (e)

20 shall not exceed 75 percent of the total thereof. The non21 Federal share of the costs of operation and maintenance

22 of the projects shall be 100 percent.

23 (d) MEMORANDA OF UNDERSTANDING.—The Sec24 retary may enter into one or more memoranda of under25 standing with the locally affected interests to facilitate the

26 disposition of funds authorized by this Act.
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1 (e) PROJECT DESCRIPTIONS.—The projects referred

2 to in subsection (a) are the following:

3 (1) WALKER RIVER WATER BANKING DEM4 ONSTRATION PROJECT.—A project to establish, in

5 accordance with Nevada State law and other appli6 cable law, a locally managed Walker River Water

7 Bank to facilitate voluntary water transfers, includ8 ing any water conserved under the project described

9 in paragraph (2), within the Walker River Basin in

10 Nevada and California.

11 (2) WATER CONSERVATION PROJECT.—A

12 project designed to encourage the locally affected in13 terests to voluntarily conserve water in the Walker

14 River Basin, in addition to voluntary water transfers

15 for banking described in paragraph (1).

16 (3) IN GENERAL.—Such other water manage17 ment projects the Secretary considers appropriate,

18 including projects such as stream protection,

19 phreatophyte control, debris control and removal in

20 Walker Lake and its tributaries, other small flood

21 control projects, water quality analysis, fish biology

22 analysis, salt management, cloud seeding, and

23 ground water modeling and management.

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to the Secretary to carry
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1 out this section $7,500,000. Funds appropriated under

2 this section shall be made available to the locally affected

3 interests to carry out the projects specified in subsection

4 (e), in accordance with memoranda of understanding en5 tered into under subsection (d). Of the amount authorized

6 by this Act to be appropriated, $5,000,000 is authorized

7 to be made available for the project described in subsection

8 (e)(1), and the remainder is authorized to be made avail9 able for the projects described in paragraphs (2) and (3)

10 of subsection (e). Funds appropriated under this Act shall

11 remain available until expended.

12 SEC. 3. COMPLIANCE WITH STATE WATER LAWS.

13 The Secretary shall not take any action that would

14 undermine, contradict, or diminish the water rights con15 firmed in Decree C–125, United States of America, et al.

16 v. Walker River Irrigation District, et al., United States

17 District Court for the District of Nevada, in Equity, No.

18 C–125, April 14, 1936, as amended on April 24, 1940,

19 other than action which the Secretary determines is nec20 essary and within the Secretary’s authority as trustee for

21 the Walker River Paiute Tribe.
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1 SEC. 4. EXISTING AUTHORITY UNCHANGED.

2 Nothing in this Act shall be construed as affecting

3 the existing authority of the Secretary, the State of Ne4 vada, or the State of California.

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