I

103D CONGRESS

1ST SESSION H. R. 1690

To authorize certain elements of the Yakima River Basin Water Enhancement

Project, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 5, 1993

Mr. INSLEE introduced the following bill; which was referred to the Committee

on 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. PURPOSES.

4 The purposes of this Act are—

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

6 wildlife through improved water management, im7 proved instream flows, improved water quality, pro8 tection, creation and enhancement of wetlands, and

9 by other appropriate means of habitat improvement;
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1 (2) to improve the reliability of water supply for

2 irrigation;

3 (3) to authorize a Yakima basin water con4 servation program that will improve the efficiency of

5 water delivery and use; enhance basin water sup6 plies; improve water quality; protect, create and en7 hance wetlands; and determine the amount of basin

8 water needs that can be met by water conservation

9 measures;

10 (4) to encourage voluntary transactions among

11 public and private entities which result in the imple12 mentation of water conservation measures, practices,

13 and facilities; and

14 (5) to provide for the implementation by the

15 Yakima Indian Nation at its sole discretion of (A)

16 an irrigation demonstration project on the Yakima

17 Indian Reservation using water savings from system

18 improvements to the Wapato Irrigation Project, and

19 (B) a Toppenish Creek corridor enhancement project

20 integrating agricultural, fish, wildlife, and cultural

21 resources.

22 SEC. 2. DEFINITIONS.

23 As used in this Act:
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1 (1) The term ‘‘Basin Conservation Program’’

2 means the Yakima River Basin Water Conservation

3 Program established under section 3(a).

4 (2) The term ‘‘Conservation Advisory Group’’

5 means the Yakima River Basin Conservation Advi6 sory Group established under section 3(c).

7 (3) The term ‘‘Irrigation Demonstration

8 Project’’ means the Yakima Indian Reservation Irri9 gation Demonstration Project authorized in section

10 4(b).

11 (4) The term ‘‘on-district storage’’ means small

12 water storage facilities located within the boundaries

13 of an irrigation entity, including reregulating res14 ervoirs, holding ponds, or other new storage methods

15 which allow for efficient water use.

16 (5) The term ‘‘Secretary’’ means the Secretary

17 of the Interior.

18 (6) The term ‘‘Toppenish Enhancement

19 Project’’ means the Toppenish Creek corridor en20 hancement project authorized by section 4(c).

21 (7) The term ‘‘Yakima Project Superintendent’’

22 means the individual designated by the Regional Di23 rector, Pacific Northwest Region, Bureau of Rec24 lamation, to be responsible for the operation and
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1 management of the Yakima Federal Reclamation

2 Project, Washington.

3 SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO4 GRAM.

5 (a) ESTABLISHMENT.—The Secretary, in consulta6 tion with the State of Washington, the Yakima Indian Na7 tion, Yakima River Basin irrigators, and other interested

8 parties, shall establish and administer a Yakima River

9 Basin Water Conservation Program for the purpose of

10 evaluating and implementing measures to improve the

11 availability of water supplies for irrigation and the protec12 tion and enhancement of fish and wildlife resources, in13 cluding wetlands, while improving the quality of water in

14 the Yakima Basin. The provisions of this section shall not

15 be applicable to the Yakima Indian Nation except as to

16 any funds specifically applied for from the Basin Con17 servation Program. The Secretary may make grants to eli18 gible entities for the purposes of carrying out this Act

19 under such terms and conditions as the Secretary may

20 require.

21 (b) FOUR PHASES OF PROGRAM.—The Basin Con22 servation Program shall encourage and provide funding

23 assistance for four phases of water conservation, which

24 shall consist of the following:
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1 (1) The development of water conservation

2 plans, consistent with guidelines developed pursuant

3 to subsection (d), by irrigation districts, conservation

4 districts, water purveyors, other areawide entities,

5 and individuals not included within an areawide

6 entity.

7 (2) The investigation of the feasibility of spe8 cific potential water conservation measures identified

9 in conservation plans.

10 (3) The implementation of measures that have

11 been identified in conservation plans and have been

12 investigated for feasibility.

13 (4) Post implementation monitoring and evalua14 tion of implemented measures.

15 (c) CONSERVATION ADVISORY GROUP.—(1) Not later

16 than 12 months after the date of enactment of this Act,

17 the Secretary, in consultation with the State of Washing18 ton, the Yakima Indian Nation, Yakima River basin

19 irrigators, and other interested and related parties, shall

20 establish the Yakima River Basin Conservation Advisory

21 Group.

22 (2) Members of the Conservation Advisory Group

23 shall be appointed by the Secretary and shall be comprised

24 of—
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1 (A) two representatives of the Yakima River

2 basin irrigators,

3 (B) one representative of the Yakima Indian

4 Nation,

5 (C) one representative of counties and cities in

6 the Yakima River basin, and

7 (D) one representative of environmental inter8 ests.

9 (3) The Conservation Advisory Group shall—

10 (A) provide recommendations to the Secretary

11 regarding the structure and implementation of the

12 Basin Conservation Program,

13 (B) assist in the preparation of guidelines for

14 the Basin Conservation Program, as provided for in

15 subsection (d),

16 (C) structure a process to integrate specific

17 water conservation measures into a basin conserva18 tion plan,

19 (D) provide annual review of the implementa20 tion of the guidelines, and

21 (E) provide recommendations consistent with

22 State statutes on rules, regulations, and administra23 tion of a process to facilitate the voluntary sale or

24 lease of water.
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1 The Conservation Advisory Group shall be nonvoting,

2 seeking consensus whenever possible. If disagreement oc3 curs, any member may submit independent comments to

4 the Secretary. The Conservation Advisory Group shall ter5 minate 5 years after the date of its establishment unless

6 extended by the Secretary.

7 (d) GUIDELINES.—The Secretary, in cooperation

8 with the State of Washington, the Yakima Indian Nation,

9 Yakima River basin irrigators, and interested agencies,

10 shall, within 12 months after the Conservation Advisory

11 Group is appointed, adopt guidelines to be used in the ad12 ministration of the Basin Conservation Program. The Sec13 retary shall establish the guidelines in consultation with

14 the Conservation Advisory Group. The Secretary shall

15 submit a detailed report to the Committee on Energy and

16 Natural Resources of the Senate, the Committee on Inte17 rior and Insular Affairs of the House of Representatives,

18 and the Governor of the State of Washington on the guide19 lines. At least 60 days prior to the submission of the re20 port on guidelines, the Secretary shall make a draft of

21 such report available to the State of Washington, the Yak22 ima Indian Nation, Yakima River basin irrigators, related

23 agencies, and the public, and establish procedures for

24 timely comments thereon. The Secretary shall include a

25 summary of such comments as an appendix to such report.
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1 The guidelines shall to the extent possible be consistent

2 with State funding processes, regulations, and guidelines

3 and shall contain, at a minimum, the following:

4 (1) Standards for the scope and content of

5 water conservation plans and for feasibility studies

6 of specific measures.

7 (2) Eligibility requirements for funding of pro8 posals for conservation plan development, investiga9 tion of measures, and implementation.

10 (3) Criteria for evaluating and prioritizing pro11 posals for development of conservation plans and

12 investigation of potential measures and implementa13 tion, including—

14 (A) the availability of information on water

15 diversions and use in the area for which the

16 measures are proposed;

17 (B) information to be gained and applica18 bility to other areas and programs in the Yak19 ima basin;

20 (C) cost-effectiveness and availability of

21 non-Federal funding;

22 (D) the amount of reduced diversions and

23 timing in relation to present diversions;

24 (E) the extent to which each measure will

25 contribute to the improved use of the available
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1 water and the reliability of the water supply of

2 the Yakima River basin;

3 (F) post implementation monitoring and

4 evaluation;

5 (G) a plan to mitigate adverse environ6 mental effects;

7 (H) the extent to which proposed measures

8 incorporate the testing of innovative water man9 agement techniques and technology;

10 (I) the extent to which proposed measures

11 contribute to the maintenance of the economic

12 viability of agriculture;

13 (J) consistency with applicable laws and

14 Federal, State, tribal, and Yakima River basin

15 water resource policies, goals, and objectives;

16 (K) the existence of or willingness of irri17 gation entities and other Basin Conservation

18 Program participants to adopt procedures pro19 viding for incremental water pricing; and

20 (L) willingness to permanently restrict an21 nual water diversions to a mutually agreed

22 quantity in recognition of securing funding

23 from and accomplishments of the Basin Con24 servation Program.
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1 (4) Institutional and economic incentives to in2 crease conservation and to promote more efficient

3 use of water, which shall include the specification of

4 procedures for the voluntary transfer of water within

5 the Yakima River basin.

6 (5) Procedures for administration and alloca7 tion of funds from the Basin Conservation Program.

8 (6) Oversight of the Basin Conservation Pro9 gram and consultation requirements.

10 (e) COST SHARING.—(1) Costs incurred in the four

11 phases of the Basin Conservation Program shall be shared

12 as follows:

Program Phase

Non-Federal Federal

Grant State Grant 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%

13 (2) Water and water related resource improvements

14 implemented in the Yakima River basin subsequent to and

15 independent of this Act which utilize funding from the
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1 Bonneville Power Administration under the Pacific North2 west Electric Power Planning and Conservation Act of

3 1980 (94 Stat. 2697) to enhance fishery resources, and

4 independent water related improvements of the State of

5 Washington and other public and private entities to im6 prove irrigation water use, water supply, and water qual7 ity, shall be treated as non-Federal cost share expendi8 tures under this Act for purposes of the implementation

9 and post-implementation monitoring and evaluation

10 phases of the Basin Conservation Program. Such expendi11 tures shall be limited to 50 percent of the non-Federal

12 portion of the total costs incurred in the implementation

13 and post-implementation monitoring and evaluation

14 phases of the Basin Conservation Program, and such ex15 penditures shall reduce the total amount of the non-Fed16 eral cost share required for such phases.

17 (3) Costs of the Basin Conservation Program related

18 to projects on the Yakima Indian Reservation are a Fed19 eral responsibility and shall be nonreimbursable and not

20 subject to the cost-sharing provisions of this subsection.

21 (f) PUBLIC REVIEW.—Water conservation plans rec22 ommended for funding through the Basin Conservation

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

24 of at least 30 days for review and comment prior to sub25 mission to the Secretary. A summary of such comments
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1 shall be included with the recommendation of the Con2 servation Advisory Group upon transmittal to the Sec3 retary.

4 (g) CONSERVATION MEASURES.—(1) Measures con5 sidered for implementation in the Basin Conservation Pro6 gram may include, among others, conveyance and distribu7 tion system monitoring, automation of water conveyance

8 systems, lining and piping of water conveyance and dis9 tribution systems, on-district storage, electrification of hy10 draulic turbines, tail-water recycling, consolidation of irri11 gation systems, irrigation scheduling, and improvement of

12 on-farm water application systems. Basin Conservation

13 Program funds may also be used throughout all four

14 phases of the Conservation Program to mitigate for ad15 verse impacts of program measures.

16 (2) In addition to implementing existing technologies,

17 the Secretary shall encourage the testing of innovative

18 water conservation measures. The Secretary shall, to the

19 maximum extent possible under Federal and State law,

20 cooperate with the State of Washington to facilitate water

21 and water right transfers, water banking, dry year op22 tions, the sale and leasing of water, and other innovative

23 allocation tools used to maximize the utility of existing

24 Yakima River basin water supplies.
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1 (3) The Secretary may, consistent with applicable

2 law, use funds appropriated to carry out this section for

3 the purchase or lease of land, water, or water rights from

4 any entity or individual willing to limit or forego water

5 use on a temporary or permanent basis.

6 (4) On-farm water management improvements shall

7 be coordinated with programs administered by the Sec8 retary of Agriculture and State conservation districts.

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

10 hereby authorized to be appropriated to the Secretary, at

11 September 1990 prices, plus or minus such amounts as

12 may be justified by reason of ordinary fluctuations of ap13 plicable cost indexes, the following amounts for the Basin

14 Conservation Program:

15 (1) $1,000,000 for the development of water

16 conservation plans.

17 (2) $4,000,000 for investigation of specific po18 tential water conservation measures identified in

19 conservation plans for consideration for implement20 ing through the Basin Conservation Program.

21 (3) Up to $67,500,000 for implementation,

22 post-implementation monitoring and evaluation of

23 measures, and addressing environmental impacts.

24 (4) Up to $6,000,000 for the initial acquisition

25 of water from willing sellers or lessors specifically to
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1 provide instream flows for interim periods to facili2 tate the outward migration of anadromous fish.

3 Such funds shall not be subject to the cost sharing

4 provisions of subsection (e).

5 (5) $100,000 annually for the establishment

6 and support of the Conservation Advisory Group

7 during its duration. Such funds shall be available for

8 travel and per diem, rental of meeting rooms, typ9 ing, printing and mailing, and associated adminis10 trative needs. The Secretary and the State of Wash11 ington shall provide appropriate staff support to the

12 Conservation Advisory Group.

13 SEC. 4. YAKIMA INDIAN NATION.

14 (a) WAPATO IRRIGATION PROJECT IMPROVEMENTS

15 AND APPROPRIATIONS.—(1) The Yakima Indian Nation’s

16 proposed system improvements to the Wapato Irrigation

17 Project pursuant to this Act shall be coordinated with the

18 Bureau of Indian Affairs.

19 (2) There is authorized to be appropriated to the Sec20 retary not more than $10,000,000 for the preparation of

21 plans, investigation of measures, and following the Sec22 retary’s certification that such measures are consistent

23 with the water conservation objectives of this Act, the im24 plementation of system improvements to the Wapato Irri25 gation Project. Funding for further improvements within
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1 the Wapato Irrigation Project may be acquired under the

2 Basin Conservation Program or other sources identified

3 by the Yakima Indian Nation.

4 (3) Water savings resulting from irrigation system

5 improvements shall be available for the use of the Yakima

6 Indian Nation for irrigation and other purposes on the

7 reservation and for protection and enhancement of fish

8 and wildlife within the Yakima River basin. The convey9 ance of such water through irrigation facilities other than

10 the Wapato Irrigation Project shall be on a voluntary

11 basis.

12 (b) IRRIGATION DEMONSTRATION PROJECT APPRO13 PRIATIONS.—(1) There is hereby authorized to be appro14 priated to the Secretary at September 1990 prices, plus

15 or minus such amounts as may be justified by reason of

16 ordinary fluctuations of applicable cost indexes,

17 $8,500,000 for the design and construction of the Yakima

18 Indian Reservation Irrigation Demonstration Project.

19 There is also authorized to be appropriated to the Sec20 retary such sums as may be necessary for the operation

21 and maintenance of the Irrigation Demonstration Project

22 including funds for administration, training, equipment,

23 materials, and supplies for the period specified by the

24 Secretary. Funds may not be made available under this

25 subsection until the Yakima Indian Nation obtains the
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1 concurrence of the Secretary in the construction, manage2 ment, and administrative aspects of the Irrigation Dem3 onstration Project.

4 (2) The Irrigation Demonstration Project shall pro5 vide for the construction of distribution and on-farm irri6 gation facilities to use water savings resulting from the

7 Wapato Irrigation Project system improvements for—

8 (A) demonstrating cost-effective state of the art

9 irrigation water management and conservation,

10 (B) the training of tribal members in irrigation

11 methods, operation, and management, and

12 (C) upgrading existing hydroelectric facilities

13 and construction of additional hydroelectric facilities

14 on the reservation to meet irrigation pumping power

15 needs.

16 (c) TOPPENISH CREEK CORRIDOR ENHANCEMENT

17 PROJECT APPROPRIATIONS.—There is hereby authorized

18 to be appropriated to the Secretary $1,500,000 for the

19 further investigation by the Yakima Indian Nation of

20 measures to develop a Toppenish Creek corridor enhance21 ment project to demonstrate integration of management

22 of agricultural, fish, wildlife, and cultural resources to

23 meet tribal objectives and such amount as the Secretary

24 subsequently determines is necessary for implementation.

25 There is also authorized to be appropriated to the Sec-
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1 retary such sums as may be necessary for the operation

2 and maintenance of the Toppenish Enhancement Project.

3 (d) REPORT.—Within 5 years of the implementation

4 of the Irrigation Demonstration Project and the

5 Toppenish Enhancement Project, the Secretary, in con6 sultation with the Yakima Indian Nation, shall report to

7 the Committee on Energy and Natural Resources of the

8 Senate, the Committee on Interior and Insular Affairs of

9 the House of Representatives, and the Governor of the

10 State of Washington on the effectiveness of the conserva11 tion, training, mitigation, and other measures imple12 mented.

13 (e) STATUS OF IMPROVEMENTS AND FACILITIES.—

14 The Wapato Irrigation Project system improvements and

15 any specific irrigation facility of the Irrigation Demonstra16 tion Project and the Toppenish Enhancement Project shall

17 become features of the Wapato Irrigation Project.

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

19 to Wapato Irrigation Project improvements, the Irrigation

20 Demonstration Project, and the Toppenish Enhancement

21 Project shall be a Federal responsibility and are

22 nonreimbursable and nonreturnable.

23 SEC. 5. OPERATION OF YAKIMA BASIN PROJECTS.

24 (a) WATER SAVINGS FROM BASIN CONSERVATION

25 PROGRAM.—(1) The Basin Conservation Program is in-
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1 tended to result in reductions in water diversions allowing

2 for changes in the present operation of the Yakima Project

3 to improve streamflow conditions in the Yakima River

4 basin. Commencing with the enactment of this Act, and

5 notwithstanding that anticipated water savings are yet to

6 be realized, the Secretary shall, through the Yakima

7 Project Superintendent, (A) continue to estimate the

8 water supply which is anticipated to be available to meet

9 water entitlements; and (B) provide instream flows in ac10 cordance 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 thru

September

May thru

September

June thru

September

July thru

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

11 The figures in the water supply columns shall hereafter

12 in this section be referred to as ‘‘full supply’’.

13 (2) The instream flows represent target flows at the

14 respective points. Reasonable fluctuations from these tar15 get flows are anticipated in the operation of the Yakima

16 Project.

17 (3) The instream flows shall be increased for interim

18 periods during any month of April through October to fa19 cilitate when necessary the outward migration of anad-
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1 romous fish. Increased instream flows for such interim pe2 riods shall be obtained through voluntary sale and leasing

3 of water or water rights.

4 (4) The Secretary, in cooperation with the State of

5 Washington, the Yakima Indian Nation, and Yakima

6 River basin irrigators, shall not less than every fifth year

7 after the completion of the first measure of the Basin Con8 servation Program, review the components which comprise

9 the full supply. If the actual supply reflects an increase

10 in relation to the quantity required to meet irrigation

11 water entitlements and a reduction in water diversions

12 which is attributed to the Basin Conservation Program,

13 the full supply figures shown in the criteria tabulation may

14 be adjusted downward as mutually determined and the

15 Yakima Project shall be operated by the Yakima Project

16 Superintendent in accordance with such adjusted criteria.

17 Water savings resulting from improvements to the Wapato

18 Irrigation Project shall be available for use of the Yakima

19 Indian Nation for irrigation and other purposes on the

20 reservation and for protection and enhancement of fish

21 and wildlife within the Yakima River Basin.

22 (5) Operational procedures and processes in the Yak23 ima River basin which have or may be implemented

24 through judicial actions shall not be impacted by this Act.
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1 (b) WATER FROM LAKE CLE ELUM.—Water accru2 ing from the development of additional storage capacity

3 at Lake Cle Elum, made available pursuant to the modi4 fications authorized in section 6(a), shall be considered a

5 part of the basin’s water supply as provided in subsection

6 (a)(1). Releases may be made from other Yakima Project

7 storage facilities to most effectively utilize this additional

8 water, except that water deliveries to holders of existing

9 water rights shall not be impaired.

10 (c) STATUS OF BASIN CONSERVATION PROGRAM FA11 CILITIES.—Measures of the Basin Conservation Program

12 which are implemented on facilities currently under the

13 administrative jurisdiction of the Secretary, except as pro14 vided in section 4, shall be considered features of the Yak15 ima River Basin Water Enhancement Project, and their

16 operation and maintenance shall be integrated and coordi17 nated with other features of the existing Yakima Project.

18 The responsibility for operation and maintenance and the

19 related costs shall remain with the current operating en20 tity. As appropriate, the Secretary shall incorporate the

21 operation and maintenance of such facilities into existing

22 agreements. The Secretary shall assure that such facilities

23 are operated in a manner consistent with Federal and

24 State law and in accordance with water rights recognized

25 pursuant to State and Federal 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 Revised Code of

5 Washington.

6 (e) APPROPRIATION FOR CHANDLER POWER CANAL

7 OPERATIONS.—There is hereby authorized to be appro8 priated to the Secretary $480,000 at September 1990

9 prices, plus or minus such amounts as may be justified

10 by reason of ordinary fluctuations of applicable cost in11 dexes, for facilities to automate the headgate, wasteways,

12 and trashrack of the Chandler Power Canal to maintain

13 operating controls for the delivery of water to the

14 Kennewick Division as the provisions of subsection (a) are

15 implemented.

16 SEC. 6. LAKE CLE ELUM AUTHORIZATION OF APPROPRIA17 TIONS.

18 (a) MODIFICATIONS AND IMPROVEMENTS.—There is

19 hereby authorized to be appropriated to the Secretary—

20 (1) at September 1990 prices, plus or minus

21 such amounts as may be justified by reason of ordi22 nary fluctuation of applicable indexes, $2,934,000

23 to—
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1 (A) modify the radial gates at Cle Elum

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

3 of storage capacity in Lake Cle Elum,

4 (B) provide for shoreline protection of

5 Lake Cle Elum, and

6 (C) construct juvenile fish passage facili7 ties at Cle Elum Dam, plus

8 (2) such additional amounts as may be nec9 essary which may be required for environmental

10 mitigation.

11 (b) OPERATION AND MAINTENANCE APPROPRIA12 TIONS.—There is hereby authorized to be appropriated to

13 the Secretary such sums as may be necessary for that por14 tion of the operation and maintenance of Cle Elum Dam

15 determined by the Secretary to be a Federal responsibility.

16 SEC. 7. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA

17 BASIN TRIBUTARIES.

18 (a) GENERAL PROVISIONS.—The following shall be

19 applicable to the investigation and implementation of

20 measures to enhance water supplies for fish and wildlife

21 and irrigation purposes on tributaries of the Yakima River

22 basin:

23 (1) An enhancement program undertaken in

24 any tributary shall be contingent upon the agree-
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1 ment of appropriate water right owners to partici2 pate.

3 (2) The enhancement program shall not impair

4 (A) the water rights of any water right owners in

5 the tributary; (B) the capability of tributary water

6 users to divert, convey, and apply water; and (C) ex7 isting water and land uses within the tributary area.

8 (3) The water supply for tributary enhancement

9 shall be administered in accordance with the laws of

10 the State of Washington.

11 (4) Any enhancement program shall be predi12 cated upon the availability of a dependable water

13 supply.

14 (b) STUDY.—(1) The Secretary, following consulta15 tion with the State of Washington, the tributary water

16 right owners, and the Yakima Indian Nation, and agree17 ment of appropriate water right owners to participate,

18 shall conduct a study concerning the measures that can

19 be implemented to enhance water supplies for fish and

20 wildlife and irrigation purposes on Taneum Creek, includ21 ing (but not limited to)—

22 (A) water use efficiency improvements;

23 (B) the conveyance of water from the Yakima

24 Project through the facilities of any irrigation entity
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1 willing to contract with the Secretary without ad2 verse impact to water users;

3 (C) the construction, operation, and mainte4 nance of ground water withdrawal facilities;

5 (D) contracting with any entity that is willing

6 to voluntarily limit or forego present water use

7 through lease or sale of water or water rights on a

8 temporary or permanent basis;

9 (E) purchase of water rights from willing

10 sellers; and

11 (F) other measures compatible with the pur12 poses of this Act, including restoration of stream

13 habitats.

14 (2) In conducting the Taneum Creek study, the Sec15 retary shall consider—

16 (A) the hydrologic and environmental character17 istics;

18 (B) the engineering and economic factors relat19 ing to each measure; and

20 (C) the potential impacts upon the operations

21 of present water users in the tributary and measures

22 to alleviate such impacts.

23 (3) The Secretary shall make available to the public

24 for a 45-day comment period a draft report describing in

25 detail the findings, conclusions, and recommendations of
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1 the study. The Secretary shall consider and include any

2 comment made in developing a final report. The Sec3 retary’s final report shall be submitted to the Committee

4 on Energy and Natural Resources of the Senate, the Com5 mittee on Interior and Insular Affairs of the House of

6 Representatives, and the Governor of the State, and made

7 available to the public.

8 (c) IMPLEMENTATION OF NONSTORAGE MEAS9 URES.—After securing the necessary permits the Sec10 retary may, in cooperation with the Department of Ecol11 ogy of the State of Washington and in accordance with

12 the laws of the State of Washington, implement

13 nonstorage measures identified in the final report under

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

15 (1) The Secretary shall enter into an agreement

16 with the appropriate water right owners who are

17 willing to participate, the State of Washington, and

18 the Yakima Indian Nation, for the use and manage19 ment of the water supply to be provided by proposed

20 tributary measures pursuant to this section.

21 (2) The Secretary and the State of Washington

22 find that the implementation of the proposed tribu23 tary measures will not impair the water rights of

24 any person or entity in the affected tributary.
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1 (d) OTHER YAKIMA RIVER BASIN TRIBUTARIES.—

2 Similar enhancement programs may be investigated and

3 implemented by the Secretary in other tributaries contin4 gent upon the agreement of the appropriate tributary

5 water right owners to participate. The provisions set forth

6 in this section shall be applicable to such programs.

7 (e) AUTHORIZATION OF APPROPRIATIONS.—(1)

8 There is hereby authorized to be appropriated to the Sec9 retary $500,000 for the study of the Taneum Creek

10 Project and such amount as the Secretary subsequently

11 determines is necessary for implementation of tributary

12 measures pursuant to this section.

13 (2) There is also authorized to be appropriated to the

14 Secretary such funds as the Secretary determines are nec15 essary for the investigation of similar enhancement pro16 grams in other Yakima River basin tributaries contingent

17 upon the agreement of the appropriate water right owners

18 to participate. Funds for the implementation of any simi19 lar enhancement program shall be appropriated to the

20 Secretary following the submittal of an investigation re21 port to the appropriate congressional committees.

22 SEC. 8. ENVIRONMENTAL COMPLIANCE.

23 (a) NEPA.—Implementation of the provisions of this

24 Act is contingent upon compliance by the Secretary with
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1 the provisions of the National Environmental Policy Act

2 of 1969.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There

4 are hereby authorized to be appropriated to the Secretary

5 $2,000,000 for environmental compliance activities includ6 ing the conduct, in cooperation with the State of Washing7 ton, of an inventory of wildlife and wetland resources in

8 the Yakima River basin and an investigation of measures

9 including ‘‘wetland banking’’, which could be implemented

10 to address potential impacts which could result from the

11 activities taken under this Act.

12 SEC. 9. SAVINGS PROVISIONS.

13 Nothing in this Act shall be construed to—

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

15 the Yakima Indian Nation;

16 (2) authorize the appropriation or use of water

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

18 Indian Nation, or any other entity or individual;

19 (3) impair the rights or jurisdictions of the

20 United States, the States, the Yakima Indian Na21 tion, or other entities over waters of any river or

22 stream or over any ground water resource;

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

24 be in conflict with any interstate compact made by

25 the States;
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1 (5) alter, establish, or impair the respective

2 rights of States, the United States, the Yakima In3 dian Nation, or any other entity or individual with

4 respect to any water or water-related right;

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

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

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

8 private;

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

10 Indian Nation or its successors in interest to, and

11 management and regulation of, those water re12 sources arising or used, within the external bound13 aries of the Yakima Indian Reservation;

14 (8) affect or modify the settlement agreement

15 between the United States and the State of Wash16 ington filed in Yakima County Superior Court with

17 regard to Federal reserved water rights other than

18 those rights reserved by the United States for the

19 benefit of the Yakima Indian Nation and its mem20 bers; or

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

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

23 any other entity, public or private with respect to

24 any unresolved and unsettled claims in any water

25 right adjudications, or court decisions, including
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1 State against Acquavella, or constitute evidence in

2 any such proceeding in which any water or water re3 lated right is adjudicated.

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