Union Calendar No. 350

103D CONGRESS

2D SESSION H. R. 1690

[Report No. 103–644]

A BILL

To authorize certain elements of the Yakima River

purposes.Basin Water Enhancement Project, and for other

AUGUST 1, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 350

103D CONGRESS

2D SESSION H. R. 1690

[Report No. 103–644]

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

AUGUST 1, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on April 5, 1993]

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

2 wildlife through improved water management; im3 proved instream flows; improved water quality; pro4 tection, creation and enhancement of wetlands; and

5 by other appropriate means of habitat improvement;

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

7 irrigation;

8 (3) to authorize a Yakima River basin water

9 conservation program that will improve the efficiency

10 of water delivery and use; enhance basin water sup11 plies; improve water quality; protect, create and en12 hance wetlands; and determine the amount of basin

13 water needs that can be met by water conservation

14 measures;

15 (4) to realize sufficient water savings from the

16 Yakima River Basin Water Conservation Program so

17 that not less than 40,000 acre-feet of water savings

18 per year are achieved by the end of the fourth year

19 of the Basin Conservation Program, and not less than

20 110,000 acre-feet of water savings per year are

21 achieved by the end of the eighth year of the program,

22 to protect and enhance fish and wildlife resources;

23 and not less than 55,000 acre feet of water savings

24 per year are achieved by the end of the eighth year

25 of the program for availability for irrigation;
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1 (5) to encourage voluntary transactions among

2 public and private entities which result in the imple3 mentation of water conservation measures, practices,

4 and facilities; and

5 (6) to provide for the implementation by the

6 Yakama Indian Nation at its sole discretion of (A) an

7 irrigation demonstration project on the Yakama In8 dian Reservation using water savings from system

9 improvements to the Wapato Irrigation Project, and

10 (B) a Toppenish Creek corridor enhancement project

11 integrating agricultural, fish, wildlife, and cultural

12 resources.

13 SEC. 2. DEFINITIONS.

14 As used in this Act:

15 (1) The term ‘‘Basin Conservation Plan’’ means

16 a plan for implementing water conservation measures

17 found in the various water conservation plans devel18 oped under the Basin Conservation Program.

19 (2) The term ‘‘Basin Conservation Program’’

20 means the Yakima River Basin Water Conservation

21 Program established under section 3(a).

22 (3) The term ‘‘comprehensive basin operating

23 plan’’ means a plan that will provide guidance to the

24 Yakima Project Superintendent for operation of the
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1 existing Yakima Project as modified by actions taken

2 pursuant to this Act.

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

4 means the Yakima River Basin Conservation Advi5 sory Group established under section 3(c).

6 (5) The term ‘‘conserved water’’ means water

7 saved and attributable to the program established

8 under the Basin Conservation Program.

9 (6) The term ‘‘Irrigation Demonstration Project’’

10 means the Yakama Indian Reservation Irrigation

11 Demonstration Project authorized in section 4(b).

12 (7) The term ‘‘nonproratable water’’ means that

13 portion of the total water supply available under pro14 visions of sections 18 and 19 of Civil Action No. 21

15 (Federal District Court Judgment of January 31,

16 1945) that is not subject to proration in times of

17 water shortage.

18 (8) The term ‘‘on-district storage’’ means small

19 water storage facilities located within the boundaries

20 of an irrigation entity, including reregulating res21 ervoirs, holding ponds, or other new storage methods

22 which allow for efficient water use.

23 (9) The term ‘‘proratable water’’ means that por24 tion of the total water supply available under provi25 sions of sections 18 and 19 of Civil Action No. 21
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1 (Federal District Court Judgment of January 31,

2 1945) that is subject to proration in times of water

3 shortage.

4 (10) The term ‘‘Secretary’’ means the Secretary

5 of the Interior.

6 (11) The term ‘‘System Operations Advisory

7 Committee’’ means a group of fishery biologists—

8 (A) created by the Yakima Project Super9 intendent in response to the supplemental in10 structions entitled ‘‘Supplementary Instructions

11 to the Water Master’’, and dated November 28,

12 1980, in the case of Kittitass Reclamation Dis13 trict, et al. vs. the Sunnyside Valley Irrigation

14 District, et al. (E.D. Wash., Civil No. 21.);

15 (B) who advise the Yakima Project Super16 intendent on operations of the Yakima Project

17 for fish and wildlife purposes; and

18 (C) who, together with others, were identi19 fied for consultation on November 29, 1990, in

20 the amended partial summary judgment entered

21 in the basin adjudication (Yakima County Supe22 rior Court No. 77–2–01484–5).

23 (12) The term ‘‘Toppenish Enhancement Project’’

24 means the Toppenish Creek corridor enhancement

25 project authorized by section 4(c).
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1 (13) The term ‘‘Yakama Indian Nation’’ means

2 the Confederated Tribes and Bands of the Yakama In3 dian Nation as redesignated under section 4(g).

4 (14) The term ‘‘Yakima Project Superintendent’’

5 means the individual designated by the Regional Di6 rector, Pacific Northwest Region, Bureau of Reclama7 tion, to be responsible for the operation and manage8 ment of the Yakima Federal Reclamation Project,

9 Washington.

10 SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO11 GRAM.

12 (a) ESTABLISHMENT.—(1) The Secretary, in consulta13 tion with the State of Washington, the Yakama Indian Na14 tion, Yakima River basin irrigators, and other interested

15 parties, shall establish and administer a Yakima River

16 Basin Water Conservation Program for the purpose of eval17 uating and implementing measures to improve the avail18 ability of water supplies for irrigation and the protection

19 and enhancement of fish and wildlife resources, including

20 wetlands, while improving the quality of water in the Yak21 ima Basin. The Secretary may make grants to eligible enti22 ties for the purposes of carrying out this Act under such

23 terms and conditions as the Secretary may require. Such

24 terms and conditions shall include a requirement that all

25 water districts, irrigation districts, individuals, or other en-
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1 tities eligible to participate in the Basin Conservation Pro2 gram must equip all surface water delivery systems within

3 their boundaries with volumetric water meters or equally

4 effective water measuring methods within 5 years of the

5 date of enactment of this Act.

6 (2) Conserved water resulting in whole or in part from

7 the expenditure of Federal funds shall not be used to expand

8 irrigation in the Yakima Basin, except as specifically pro9 vided in section 4(a)(3) on the Yakama Indian Reservation.

10 (3) The provisions of this section shall not apply to

11 the Yakama Indian Nation except as to any funds specifi12 cally applied for from the Basin Conservation Program.

13 (b) FOUR PHASES OF PROGRAM.—The Basin Con14 servation Program shall encourage and provide funding as15 sistance for four phases of water conservation, which shall

16 consist of the following:

17 (1) The development of water conservation plans,

18 consistent with applicable water conservation guide19 lines of the Secretary, by irrigation districts, con20 servation districts, water purveyors, other areawide

21 entities, and individuals not included within an

22 areawide entity.

23 (2) The investigation of the feasibility of specific

24 potential water conservation measures identified in

25 conservation plans.
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1 (3) The implementation of measures that have

2 been identified in conservation plans and have been

3 determined to be feasible.

4 (4) Post implementation monitoring and evalua5 tion of implemented measures.

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

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

8 Secretary, in consultation with the State of Washington,

9 the Yakama Indian Nation, Yakima River basin irrigators,

10 and other interested and related parties, shall establish the

11 Yakima River Basin Conservation Advisory Group.

12 (2) Members of the Conservation Advisory Group shall

13 be appointed by the Secretary and shall be comprised of—

14 (A) one representative of the Yakima River basin

15 nonproratable irrigators,

16 (B) one representative of the Yakima River basin

17 proratable irrigators,

18 (C) one representative of the Yakama Indian Na19 tion,

20 (D) one representative of environmental inter21 ests,

22 (E) one representative of the Washington State

23 University Agricultural Extension Service,

24 (F) one representative of the Department of

25 Wildlife of the State of Washington, and
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1 (G) one individual who shall serve as the

2 facilitator.

3 (3) The Conservation Advisory Group shall—

4 (A) provide recommendations to the Secretary

5 and to the State of Washington regarding the struc6 ture and implementation of the Basin Conservation

7 Program,

8 (B) provide recommendations to the Secretary

9 and to the State of Washington regarding the estab10 lishment of a permanent program for the measure11 ment and reporting of all natural flow and contract

12 diversions within the basin,

13 (C) structure a process to prepare a basin con14 servation plan as specified in subsection (f),

15 (D) provide annual review of the implementa16 tion of the applicable water conservation guidelines of

17 the Secretary, and

18 (E) provide recommendations consistent with

19 statutes of the State of Washington on rules, regula20 tions, and administration of a process to facilitate the

21 voluntary sale or lease of water.

22 (4) The facilitator shall arrange for meetings of the

23 Conservation Advisory Group, provide logistical support,

24 and serve as moderator for the meetings.
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1 (5) The Conservation Advisory Group shall consult an

2 irrigation district when considering actions specifically af3 fecting that district. For the purposes of this paragraph,

4 an irrigation district includes the Yakima Reservation Irri5 gation District.

6 (6) The Conservation Advisory Group shall be

7 nonvoting, seeking consensus whenever possible. If disagree8 ment occurs, any member may submit independent com9 ments to the Secretary. The Conservation Advisory Group

10 shall terminate 5 years after the date of its establishment

11 unless extended by the Secretary.

12 (d) COST SHARING.—(1) Except as otherwise provided

13 by this Act, costs incurred in the four phases of the Basin

14 Conservation Program shall be shared 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 evaluation17.5% 17.5% 65.0%
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1 (2) The Yakima River Basin Water Enhancement

2 Project is a Federal action to improve streamflow and fish

3 passage conditions and shall be considered part of a com4 prehensive program to restore the Yakima River basin

5 anadromous fishery resource. Related fishery resource im6 provement facilities which utilize funding sources under the

7 Pacific Northwest Electric Power Planning and Conserva8 tion Act of 1989 (94 Stat. 2697) and independent water9 related improvements of the State of Washington and other

10 public and private entities to improve irrigation water use,

11 water supply, and water quality, shall be treated as non12 Federal cost share expenditures and shall be consolidated

13 in any final calculation of required cost sharing. Within

14 one year of the date of enactment of this Act, the Secretary

15 shall enter into a binding cost sharing agreement with the

16 State of Washington. The agreement shall describe the terms

17 and conditions of specific contributions and other activities

18 that may, subject to approval by the Secretary, qualify as

19 non-Federal cost share expenditures.

20 (3) Costs of the Basin Conservation Program related

21 to projects on the Yakama Indian Reservation are a Federal

22 responsibility and shall be nonreimbursable and not subject

23 to the cost-sharing provisions of this subsection.

24 (e) ENTITY WATER CONSERVATION PLANS.—To par25 ticipate in the Conservation Basin Program an entity must
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1 submit a proposed water conservation plan to the Secretary.

2 The Secretary shall approve a water conservation plan sub3 mitted under this subsection if the Secretary determines

4 that the plan meets the applicable water conservation guide5 lines of the Secretary.

6 (f) BASIN CONSERVATION PLAN.—The Conservation

Advisory Group shall, within 21 7 ⁄2 years after the date of

8 enactment of this Act, submit a draft basin conservation

9 plan to the Secretary.

10 (g) PUBLIC COMMENT.—The Secretary shall distribute

11 the draft basin conservation plan and the entity water con12 servation plans submitted under subsections (e) and (f), re13 spectively, for public comment for a 60-day period.

14 (h) PUBLICATION OF BASIN CONSERVATION PLAN.—

15 Within 60 days after the close of the comment period under

16 subsection (g), the Secretary shall publish the Basin Con17 servation Plan which plan will provide the basis—

18 (1) for prioritizing and allocating funds to im19 plement conservation measures under this Act; and

20 (2) for preparing an interim comprehensive

21 basin operating plan under section 10 of this Act as

22 provided for in Public Law 96–162 (93 Stat. 1241).

23 (i) CONSERVATION MEASURES.—(1) Measures consid24 ered for implementation in the Basin Conservation Pro25 gram may include, among others, conveyance and distribu-
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1 tion system monitoring, automation of water conveyance

2 systems, water measuring or metering devices and equip3 ment, lining and piping of water conveyance and distribu4 tion systems, on-district storage, electrification of hydraulic

5 turbines, tail-water recycling, consolidation of irrigation

6 systems, irrigation scheduling, and improvement of on-farm

7 water application systems. Basin Conservation Program

8 funds may also be used throughout all four phases of the

9 Basin Conservation Program to mitigate for adverse im10 pacts of program measures.

11 (2) In addition to implementing existing technologies,

12 the Secretary shall encourage the testing of innovative water

13 conservation measures. The Secretary shall, to the maxi14 mum extent possible under applicable Federal, State, and

15 tribal law, cooperate with the State of Washington to facili16 tate water and water right transfers, water banking, dry

17 year options, the sale and leasing of water, and other inno18 vative allocation tools used to maximize the utility of exist19 ing Yakima River basin water supplies.

20 (3) The Secretary may, consistent with applicable law,

21 use funds appropriated to carry out this section for the pur22 chase or lease of land, water, or water rights from any en23 tity or individual willing to limit or forego water use on

24 a temporary or permanent basis. Funds used for purchase

25 or lease under this paragraph are not subject to the cost
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1 sharing provisions of subsection (d). Efforts to acquire

2 water should be made immediately upon availability of

3 funds to meet the three-year goal specified in section 5(a)(4)

4 to provide water to be used by the Yakima Project Super5 intendent under the advisement of the System Operations

6 Advisory Committee for instream flow purposes. The use of

7 Basin Conservation Program funds under this paragraph

8 are in addition to those specifically authorized to be appro9 priated by subsection (j)(4).

10 (4) On-farm water management improvements shall be

11 coordinated with programs administered by the Secretary

12 of Agriculture and State conservation districts.

13 (j) AUTHORIZATION OF APPROPRIATIONS.—There is

14 hereby authorized to be appropriated to the Secretary, at

15 September 1990 prices, plus or minus such amounts as may

16 be justified by reason of ordinary fluctuations of applicable

17 cost indexes, the following amounts for the Basin Conserva18 tion Program:

19 (1) $1,000,000 for the development of water con20 servation plans.

21 (2) $4,000,000 for investigation of specific poten22 tial water conservation measures identified in con23 servation plans for consideration for implementing

24 through the Basin Conservation Program.
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1 (3) Up to $67,500,000 for design, implementa2 tion, post-implementation monitoring and evaluation

3 of measures, and addressing environmental impacts.

4 (4) Up to $10,000,000 for the initial acquisition

5 of water from willing sellers or lessors specifically to

6 provide instream flows for interim periods to facili7 tate the outward migration of anadromous fish flush8 ing flows. Such funds shall not be subject to the cost

9 sharing provisions of subsection (d).

10 (5) $100,000 annually for the establishment and

11 support of the Conservation Advisory Group during

12 its duration. Such funds shall be available for travel

13 and per diem, rental of meeting rooms, typing, print14 ing and mailing, and associated administrative

15 needs. The Secretary and the State of Washington

16 shall provide appropriate staff support to the Con17 servation Advisory Group.

18 SEC. 4. YAKAMA INDIAN NATION.

19 (a) WAPATO IRRIGATION PROJECT IMPROVEMENTS

20 AND APPROPRIATIONS.—(1) The Yakama Indian Nation’s

21 proposed system improvements to the Wapato Irrigation

22 Project, as well as the design, construction, operation, and

23 maintenance of the Irrigation Demonstration Project and

24 the Toppenish Creek corridor enhancement project, pursu-
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1 ant to this Act shall be coordinated with the Bureau of In2 dian Affairs.

3 (2) There is authorized to be appropriated to the Sec4 retary not more than $23,000,000 for the preparation of

5 plans, investigation of measures, and following the Sec6 retary’s certification that such measures are consistent with

7 the water conservation objectives of this Act, the implemen8 tation of system improvements to the Wapato Irrigation

9 Project. Funding for further improvements within the

10 Wapato Irrigation Project may be acquired under the Basin

11 Conservation Program or other sources identified by the

12 Yakama Indian Nation.

13 (3) Water savings resulting from irrigation system im14 provements shall be available for the use of the Yakama In15 dian Nation for irrigation and other purposes on the res16 ervation and for protection and enhancement of fish and

17 wildlife within the Yakima River basin. The conveyance of

18 such water through irrigation facilities other than the

19 Wapato Irrigation Project shall be on a voluntary basis and

20 shall not further diminish the amount of water that other21 wise would have been delivered by an entity to its water

22 users in years of water proration.

23 (b) IRRIGATION DEMONSTRATION PROJECT APPRO24 PRIATIONS.—(1)(A) There is hereby authorized to be appro25 priated to the Secretary—
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1 (i) at September 1990 prices, plus or minus such

2 amounts as may be justified by reason of ordinary

3 fluctuations of applicable cost indexes, $8,500,000 for

4 the design and construction of the Yakama Indian

5 Reservation Irrigation Demonstration Project; and

6 (ii) such sums as may be necessary for the oper7 ation and maintenance of the Irrigation Demonstra8 tion Project, including funds for administration,

9 training, equipment, materials, and supplies for the

10 period specified by the Secretary, which sums are in

11 addition to operation and maintenance funds for

12 wildlife and cultural purposes appropriated to the

13 Secretary under other authorization.

14 (B) Funds may not be made available under this sub15 section until the Yakama Indian Nation obtains the concur16 rence of the Secretary in the construction, management, and

17 administrative aspects of the Irrigation Demonstration

18 Project.

19 (C) After the end of the period specified under subpara20 graph (A)(ii), costs for the operation and maintenance of

21 the Irrigation Demonstration Project, including funds for

22 administration, training, equipment, materials, and sup23 plies referred to in that subparagraph, shall be borne exclu24 sively by the lands directly benefitting from the Irrigation

25 Demonstration Project.
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1 (2) The Irrigation Demonstration Project shall provide

2 for the construction of distribution and on-farm irrigation

3 facilities to use all or a portion of the water savings, as

4 determined by the Yakama Indian Nation, resulting from

5 the Wapato Irrigation Project system improvements for—

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

7 irrigation water management and conservation,

8 (B) the training of tribal members in irrigation

9 methods, operation, and management, and

10 (C) upgrading existing hydroelectric facilities

11 and construction of additional hydroelectric facilities

12 on the reservation to meet irrigation pumping power

13 needs.

14 (c) TOPPENISH CREEK CORRIDOR ENHANCEMENT

15 PROJECT APPROPRIATIONS.—There is hereby authorized to

16 be appropriated to the Secretary $1,500,000 for the further

17 investigation by the Yakama Indian Nation of measures to

18 develop a Toppenish Creek corridor enhancement project to

19 demonstrate integration of management of agricultural,

20 fish, wildlife, and cultural resources to meet tribal objectives

21 and such amount as the Secretary subsequently determines

22 is necessary for implementation. There is also authorized

23 to be appropriated to the Secretary such sums as may be

24 necessary for the operation and maintenance of the

25 Toppenish Enhancement Project.
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1 (d) REPORT.—Within 5 years of the implementation

2 of the Irrigation Demonstration Project and the Toppenish

3 Enhancement Project, the Secretary, in consultation with

4 the Yakama Indian Nation, shall report to the Committee

5 on Energy and Natural Resources of the Senate, the Com6 mittee on Natural Resources of the House of Representa7 tives, and the Governor of the State of Washington on the

8 effectiveness of the conservation, training, mitigation, and

9 other measures implemented.

10 (e) STATUS OF IMPROVEMENTS AND FACILITIES.—The

11 Wapato Irrigation Project system improvements and any

12 specific irrigation facility of the Irrigation Demonstration

13 Project (excluding on-farm irrigation facilities) and the

14 Toppenish Enhancement Project shall become features of the

15 Wapato Irrigation Project.

16 (f) TREATMENT OF CERTAIN COSTS.—Costs related to

17 Wapato Irrigation Project improvements, the Irrigation

18 Demonstration Project, and the Toppenish Enhancement

19 Project shall be a Federal responsibility and are

20 nonreimbursable and nonreturnable.

21 (g) REDESIGNATION OF YAKIMA INDIAN NATION TO

22 YAKAMA INDIAN NATION.—

23 (1) REDESIGNATION.—The Confederated Tribes

24 and Bands of the Yakima Indian Nation shall be
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1 known and designated as the ‘‘Confederated Tribes

2 and Bands of the Yakama Indian Nation’’.

3 (2) REFERENCES.—Any reference in a law, map,

4 regulation, document, paper, or other record of the

5 United States to the Confederated Tribes and Bands

6 of the Yakima Indian Nation referred to in subsection

7 (a) shall be deemed to be a reference to the ‘‘Confed8 erated Tribes and Bands of the Yakama Indian Na9 tion’’.

10 SEC. 5. OPERATION OF YAKIMA BASIN PROJECTS.

11 (a) WATER SAVINGS FROM BASIN CONSERVATION

12 PROGRAM.—(1) The Basin Conservation Program is in13 tended to result in reductions in water diversions allowing

14 for changes in the present operation of the Yakima Project

15 to improve stream flow conditions in the Yakima River

16 basin. Except as provided by paragraph (5) of this sub17 section and section 9, commencing with the enactment of

18 this Act, and notwithstanding that anticipated water sav19 ings are yet to be realized, the Secretary, upon the enact20 ment of this Act and acting through the Yakima Project

21 Superintendent, shall (A) continue to estimate the water

22 supply which is anticipated to be available to meet water

23 entitlements; and (B) provide instream flows in accordance

24 with the following criteria:
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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

1 (2) The initial target flows represent target flows at

2 the respective points. Reasonable fluctuations from these

3 target flows are anticipated in the operation of the Yakima

4 Project, except that for any period exceeding 24 hours—

5 (A) actual flows at the Sunnyside Diversion

6 Dam may not decrease to less than 65 percent of the

7 target flow at the Sunnyside Diversion Dam; and

8 (B) actual flows at the Prosser Diversion Dam

9 may not decrease by more than 50 cubic feet per sec10 ond from the target flow.

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

12 periods during any month of April through October to fa13 cilitate when necessary the outward migration of anad14 romous fish. Increased instream flows for such interim peri15 ods shall be obtained through voluntary sale and leasing

16 of water or water rights or from conservation measures

17 taken under this Act.

18 (4)(A)(i) Within the three-year period beginning when

19 appropriations are first provided to carry out the Basin
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1 Conservation Program, the instream flow goal in the Yak2 ima River is as follows: to secure water which is to be used

3 for instream flows to facilitate meeting recommendations

4 of the System Operations Advisory Committee for flushing

5 flows or other instream uses.

6 (ii) In addition to any other authority of the Secretary

7 to provide water for flushing flows, the water required to

8 meet the goal specified in clause (i) shall be acquired

9 through the voluntary purchase or lease of land, water, or

10 water rights and from the development of additional storage

11 capability at Lake Cle Elum provided for in section 6(a).

12 (iii) In addition to water required to meet the

13 instream flow goal specified in clause (i), the System Oper14 ations Advisory Committee may recommend additional

15 water to meet instream flow goals pursuant to judicial ac16 tions.

17 (B) After the period referred to in subparagraph (A),

18 such instream flow goal is modified as follows:

19 (i) The goal increases so that the instream target

20 flows specified in the table in paragraph (1) increase

21 by 50 cubic feet per second for each 27,000 acre-feet

22 of reduced annual water diversions achieved through

23 implementation of measures under the Basin Con24 servation Program. Such increases do not apply to

25 actions taken pursuant to section 4. Such increases
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1 shall not further diminish the amount of water that

2 otherwise would have been delivered by an entity to

3 its water users in years of water proration.

4 (ii) The goal changes directly with the availabil5 ity of water resulting from Federal expenditures

6 under this Act for purchase or lease of water under

7 this Act.

8 (C) The Yakima Project Superintendent shall main9 tain an account of funded and completed conservation

10 measures taken under the Basin Conservation Program.

11 (D) No later than March 31 of each calendar year, the

12 Yakima Project Superintendent shall meet with the State

13 of Washington, Yakama Indian Nation, and Yakima River

14 basin irrigators to mutually determine total diversion re15 ductions and respective adjustments to the target flows re16 ferred to in this subsection. The Yakima Project Super17 intendent shall announce such adjustments with the an18 nouncements of Total Water Supply Available. For the pur19 poses of this subparagraph, conserved water will be consid20 ered available for adjusting target flows in the first year

21 following completion of a measure or following a result from

22 the post implementation monitoring and evaluation pro23 gram, as the case may be.
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1 (5) Operational procedures and processes in the Yak2 ima River basin which have or may be implemented

3 through judicial actions shall not be impacted by this Act.

4 (6)(A) Within three years after the date of enactment

5 of this Act, the Secretary shall conduct a study and submit

6 a report with recommendations to the appropriate commit7 tees of the Congress on whether the water supply available

8 for irrigation is adequate to sustain the agricultural econ9 omy of the Yakima River basin.

10 (B) The target flows provided for under this subsection

11 shall be evaluated within three years after the date of enact12 ment of this Act by the Systems Operations Advisory Com13 mittee for the purpose of making a report with rec14 ommendations to the Secretary and the Congress evaluating

15 what is necessary to have biologically-based target flows.

16 (C) The recommendations and reports under subpara17 graphs (A) and (B) shall provide a basis for the third phase

18 of the Yakima River Basin Water Enhancement Project.

19 (b) WATER FROM LAKE CLE ELUM.—Water accruing

20 from the development of additional storage capacity at Lake

21 Cle Elum, made available pursuant to the modifications

22 authorized in section 6(a), shall not be part of the Yakima

23 River basin’s water supply as provided in subsection (a)(1).

24 Water obtained from such development is exclusively dedi25 cated to instream flows for use by the Yakima Project Su-
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1 perintendent as flushing flows or as otherwise advised by

2 the System Operations Advisory Committee. Water may be

3 carried over from year-to-year in the additional capacity

4 to the extent that there is space available. Releases may be

5 made from other Yakima Project storage facilities to most

6 effectively utilize this additional water, except that water

7 deliveries to holders of existing water rights shall not be

8 impaired.

9 (c) STATUS OF BASIN CONSERVATION PROGRAM FA10 CILITIES.—Measures of the Basin Conservation Program

11 which are implemented on facilities currently under the ad12 ministrative jurisdiction of the Secretary, except as pro13 vided in section 4, shall be considered features of the Yak14 ima River Basin Water Enhancement Project, and their op15 eration and maintenance shall be integrated and coordi16 nated with other features of the existing Yakima Project.

17 The responsibility for operation and maintenance and the

18 related costs shall remain with the current operating entity.

19 As appropriate, the Secretary shall incorporate the oper20 ation and maintenance of such facilities into existing agree21 ments. The Secretary shall assure that such facilities are

22 operated in a manner consistent with Federal and State

23 law and in accordance with water rights recognized pursu24 ant 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 as a block of water separate from the Total

4 Water Supply Available, in accordance with applicable

5 Federal and State law.

6 (e) YAKIMA PROJECT PURPOSE.—(1) An additional

7 purpose of the Yakima Project shall be for fish, wildlife, and

8 recreation.

9 (2) The existing storage rights of the Yakima Project

10 shall include storage for the purposes of fish, wildlife, and

11 recreation.

12 (3) The purposes specified in paragraphs (1) and (2)

13 shall not impair the operation of the Yakima Project to pro14 vide water for irrigation purposes nor impact existing con15 tracts.

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 of

3 storage capacity in Lake Cle Elum,

4 (B) provide for shoreline protection of Lake

5 Cle Elum, and

6 (C) construct juvenile fish passage facilities

7 at Cle Elum Dam, plus

8 (2) such additional amounts as may be necessary

9 which may be required for environmental mitigation.

10 (b) OPERATION AND MAINTENANCE APPROPRIA11 TIONS.—There is hereby authorized to be appropriated to

12 the Secretary such sums as may be necessary for that por13 tion of the operation and maintenance of Cle Elum Dam

14 determined by the Secretary to be a Federal responsibility.

15 SEC. 7. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA

16 BASIN TRIBUTARIES.

17 (a) GENERAL PROVISIONS.—The following shall be ap18 plicable to the investigation and implementation of meas19 ures to enhance water supplies for fish and wildlife and

20 irrigation purposes on tributaries of the Yakima River

21 basin:

22 (1) An enhancement program authorized by this

23 section undertaken in any tributary shall be contin24 gent upon the agreement of appropriate water right

25 owners to participate.
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1 (2) The enhancement program authorized by this

2 section shall not be construed to affect (A) the water

3 rights of any water right owners in the tributary or

4 other water delivering entities; (B) the capability of

5 tributary water users to divert, convey, and apply

6 water; and (C) existing water and land uses within

7 the tributary area.

8 (3) The water supply for tributary enhancement

9 shall be administered in accordance with applicable

10 State and Federal laws.

11 (4) Any enhancement program authorized by

12 this section shall be predicated upon the availability

13 of a dependable water supply.

14 (b) STUDY.—(1) The Secretary, following consultation

15 with the State of Washington, the tributary water right

16 owners, and the Yakama Indian Nation, and agreement of

17 appropriate water right owners to participate, shall con18 duct a study concerning the measures that can be imple19 mented to enhance water supplies for fish and wildlife and

20 irrigation purposes on Taneum Creek, including (but not

21 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 adverse

2 impact to water users;

3 (C) the construction, operation, and maintenance

4 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 sellers;

10 and

11 (F) other measures compatible with the purposes

12 of this Act, including restoration of stream habitats.

13 (2) In conducting the Taneum Creek study, the Sec14 retary shall consider—

15 (A) the hydrologic and environmental character16 istics;

17 (B) the engineering and economic factors relat18 ing to each measure; and

19 (C) the potential impacts upon the operations of

20 present water users in the tributary and measures to

21 alleviate such impacts.

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

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

24 detail the findings, conclusions, and recommendations of the

25 study. The Secretary shall consider and include any com-
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1 ment made in developing a final report. The Secretary’s

2 final report shall be submitted to the Committee on Energy

3 and Natural Resources of the Senate, the Committee on Nat4 ural Resources of the House of Representatives, and the

5 Governor of the State of Washington, and made available

6 to the public.

7 (c) IMPLEMENTATION OF NONSTORAGE MEASURES.—

8 After securing the necessary permits the Secretary may, in

9 cooperation with the Department of Ecology of the State

10 of Washington and in accordance with the laws of the State

11 of Washington, implement nonstorage measures identified

12 in the final report under subsection (b) upon fulfillment of

13 the following conditions:

14 (1) The Secretary shall enter into an agreement

15 with the appropriate water right owners who are

16 willing to participate, the State of Washington, and

17 the Yakama Indian Nation, for the use and manage18 ment of the water supply to be provided by proposed

19 tributary measures pursuant to this section.

20 (2) The Secretary and the State of Washington

21 find that the implementation of the proposed tribu22 tary measures will not impair the water rights of any

23 person or entity in the affected tributary.

24 (d) OTHER YAKIMA RIVER BASIN TRIBUTARIES.—En25 hancement programs similar to the enhancement program
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1 authorized by this section may be investigated and imple2 mented by the Secretary in other tributaries contingent

3 upon the agreement of the appropriate tributary water

4 right owners to participate. The provisions set forth in this

5 section shall be applicable to such programs.

6 (e) AUTHORIZATION OF APPROPRIATIONS.—(1) There

7 is hereby authorized to be appropriated to the Secretary

8 $500,000 for the study of the Taneum Creek Project and

9 such amount as the Secretary subsequently determines is

10 necessary for implementation of tributary measures pursu11 ant to this section.

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

13 Secretary such funds as are necessary for the investigation

14 of enhancement programs similar to the enhancement pro15 gram authorized by this section in other Yakima River

16 basin tributaries contingent upon the agreement of the ap17 propriate water right owners to participate. Funds for the

18 implementation of any such similar enhancement program

19 may not be appropriated until after the Secretary submits

20 an investigation report to the appropriate congressional

21 committees.

22 SEC. 8. CHANDLER PUMPING PLANT AND POWERPLANT-OP23 ERATIONS AT PROSSER DIVERSION DAM.

24 (a) AUTHORIZATION OF APPROPRIATIONS FOR ELEC25 TRIFICATION.—In order to provide for electrification to en-
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1 hance instream flows by eliminating the need to divert

2 water to operate the hydraulic turbines which pump water

3 to the Kennewick Irrigation District, there is authorized to

4 be appropriated—

5 (1) $50,000 to conduct an assessment of opportu6 nities for alternative pumping plant locations;

7 (2) $4,000,000 for construction; and

8 (3) such sums as may be necessary for the

9 prorata share of the operation and maintenance allo10 cated to fish and wildlife as determined by the Sec11 retary.

12 (b) POWER FOR PROJECT PUMPING.—The Adminis13 trator of the Bonneville Power Administration, consistent

14 with provisions of the Columbia River Basin Fish and

15 Wildlife Program established pursuant to the Pacific North16 west Electric Power Planning and Conservation Act (94

17 Stat. 2697), shall provide for project power needed to effect

18 the electrification as provided in subsection (a). The cost

19 of power shall be credited to fishery restoration goals of the

20 Columbia River Basin Fish and Wildlife Program.

21 (c) SUBORDINATION.—Any diversions for hydropower

22 generation at the Chandler Powerplant shall be subordi23 nated to meet the flow targets determined under subsection

24 (f).
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1 (d) WATER SUPPLY FOR KENNEWICK IRRIGATION DIS2 TRICT.—The Secretary shall ensure that the irrigation

3 water supply for the Kennewick Irrigation District shall

4 not be affected by conservation, electrification, or subordi5 nation pursuant to this Act and any reduction in its irriga6 tion water supply resulting from conservation measures

7 adopted or implemented by other entities pursuant to this

8 Act shall be replaced by water developed through subordina9 tion, electrification, or a combination of the two.

10 (e) TREATMENT OF CERTAIN FUNDS.—Funds appro11 priated and project power provided pursuant to this section

12 shall be nonreimbursable since such funds are used for fish

13 and wildlife purposes and such funds are not subject to cost

14 share under section 3(d).

15 (f) TARGET FLOWS.—Target flows measured at appro16 priate biological and hydrological location or locations shall

17 be determined by the Yakima Project Superintendent in

18 consultation with the System Operations Advisory Commit19 tee.

20 SEC. 9. AUGMENTATION OF KACHESS RESERVOIR STORED

21 WATER.

22 (a) AUTHORIZATION OF APPROPRIATIONS.—In order

23 to augment Kachess Reservoir stored water supplies from

24 flows of Cabin Creek and Silver Creek which are excess to

25 system demands, there is authorized to be appropriated—
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1 (1) such sums as may be necessary to carry out

2 a feasibility study, including the benefits, costs, and

3 environmental aspects, of the facility described in

4 paragraph (2);

5 (2) for the construction of facilities to convey

6 such flows to Kachess Reservoir, $20,000,000; and

7 (3) such sums as may be necessary for the pro

8 rata share of the operation and maintenance allocated

9 to fish and wildlife determined by the Secretary.

10 (b) LIMITATION.—Construction of the facilities de11 scribed in subsection (a)(2) is contingent on the completion

12 of the feasibility study referred to in subsection (a)(1).

13 (c) USE OF ADDITIONAL WATER.—The stored water

14 supply resulting from the construction of facilities under

15 this section shall be used by the Secretary to—

16 (1) enhance the water supply available to the

17 Kittitas Reclamation District and the Roza Irriga18 tion District in years of proration; and

19 (2) facilitate reservoir operations in the Easton

20 Dam to Keechelus Dam reach of the Yakima River for

21 the propagation of anadromous fish.

22 (d) TREATMENT OF COSTS.—The construction and op23 eration and maintenance costs of the facilities under this

24 section shall be allocated to irrigation and fishery enhance25 ment, as follows:
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1 (1) The portion of such costs allocated to irriga2 tion is reimbursable, with the construction costs to be

3 paid prior to initiation of construction by the

4 Kittitas Reclamation District and the Roza Irriga5 tion District.

6 (2) The portion of such costs allocated to fishery

7 enhancement is nonreimbursable.

8 (e) KACHESS DAM MODIFICATIONS.—There is author9 ized to be appropriated $2,000,000 for the modification of

10 the discharge facilities of Kachess Dam to improve reservoir

11 operations for anadromous fish enhancement. Amounts ap12 propriated under this subsection are nonreimbursable.

13 SEC. 10. INTERIM COMPREHENSIVE BASIN OPERATING

14 PLAN.

15 (a) DEVELOPMENT.—The Secretary shall, in consulta16 tion with the State of Washington, Yakama Indian Nation,

17 Yakima River Basin irrigation districts, Bonneville Power

18 Administration, and other entities as determined by the

19 Secretary, develop an interim comprehensive operating

20 plan for providing a general framework within which the

21 Yakima Project Superintendent operates the Yakima

22 Project, including measures implemented under the Yakima

23 River Basin Water Enhancement Project, including (but

24 not limited to)—
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1 (1) operating capability and constraints of the

2 system;

3 (2) information on water supply calculations

4 and water needs;

5 (3) system operations and stream flow objectives;

6 and

7 (4) the System Operations Advisory Committee

8 activities.

9 (b) PROCESS REQUIREMENTS.—A draft of the interim

10 comprehensive basin operating plan shall be completed

11 within 18 months after the completion of the Basin Con12 servation Plan under section 3(f) and, upon completion,

13 published for a 90-day public review period. The Secretary

14 shall complete and publish the final interim comprehensive

15 operating plan within 90 days after the close of the public

16 review period. The Secretary shall update the plan as need17 ed to respond to decisions from water adjudications relating

18 to the Yakima River basin.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated $100,000 to carry out this

21 section.

22 SEC. 11. ENVIRONMENTAL COMPLIANCE.

23 There are hereby authorized to be appropriated to the

24 Secretary $2,000,000 for environmental compliance activi25 ties including the conduct, in cooperation with the State
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1 of Washington, of an inventory of wildlife and wetland re2 sources in the Yakima River basin and an investigation

3 of measures, including ‘‘wetland banking’’, which could be

4 implemented to address potential impacts which could re5 sult from the activities taken under this Act.

6 SEC. 12. SAVINGS AND CONTINGENCIES.

7 (a) IN GENERAL.—Nothing in this Act shall be con8 strued to—

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

10 the Yakama Indian Nation;

11 (2) authorize the appropriation or use of water

12 by any Federal, State, or local agency, the Yakama

13 Indian Nation, or any other entity or individual;

14 (3) impair the rights or jurisdictions of the

15 United States, the States, the Yakama Indian Nation,

16 or other entities over waters of any river or stream

17 or over any ground water resource;

18 (4) alter, amend, repeal, interpret, modify, or be

19 in conflict with any interstate compact made by the

20 States;

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

22 rights of States, the United States, the Yakama In23 dian Nation, or any other entity or individual with

24 respect to any water or water-related right;
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1 (6) alter, diminish, or abridge the rights and ob2 ligations of any Federal, State, or local agency, the

3 Yakama Indian Nation, or other entity, public or pri4 vate;

5 (7) affect or modify the rights of the Yakama In6 dian Nation or its successors in interest to, and man7 agement and regulation of, those water resources aris8 ing or used, within the external boundaries of the

9 Yakama Indian Reservation;

10 (8) affect or modify the settlement agreement be11 tween the United States and the State of Washington

12 filed in Yakima County Superior Court with regard

13 to Federal reserved water rights other than those

14 rights reserved by the United States for the benefit of

15 the Yakama Indian Nation and its members;

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

17 State, or local agency, the Yakama Indian Nation, or

18 any other entity, public or private with respect to

19 any unresolved and unsettled claims in any water

20 right adjudications, or court decisions, including

21 State against Acquavella, or constitute evidence in

22 any such proceeding in which any water or water re23 lated right is adjudicated; or

24 (10) preclude other planning studies and projects

25 to accomplish the purposes of this Act by other means:
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1 funded publicly, privately, or by a combination of

2 public and private funding.

3 (b) CONTINGENCY BASED ON APPROPRIATIONS.—The

4 performance of any activity under this Act which requires

5 accomplishment within a specified period that may require

6 appropriation of money by Congress or the allotment of

7 funds shall be contingent upon such appropriation or allot8 ment being made.

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