IIA
103D CONGRESS
2D SESSION
H. R. 5148
IN THE SENATE OF THE UNITED STATES
OCTOBER 4 (legislative day, SEPTEMBER 12), 1994
Received
OCTOBER 8 (legislative day, SEPTEMBER 12), 1994
Read twice and referred to the Committee on Energy and Natural Resources
AN ACT
To authorize certain elements of the Yakima River Basin
Water Enhancement Project, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PURPOSES.
The purposes of this Act are—
(1) to protect, mitigate, and enhance fish and
wildlife through improved water management; im-
proved instream flows; improved water quality; pro-
tection, creation and enhancement of wetlands; and
by other appropriate means of habitat improvement;
(2) to improve the reliability of water supply for
irrigation;
(3) to authorize a Yakima River basin water
conservation program that will improve the efficiency
of water delivery and use; enhance basin water sup-
plies; improve water quality; protect, create and en-
hance wetlands; and determine the amount of basin
water needs that can be met by water conservation
measures;
(4) to realize sufficient water savings from the
Yakima River Basin Water Conservation Program
so that not less than 40,000 acre-feet of water sav-
ings per year are achieved by the end of the fourth
year of the Basin Conservation Program, and not
less than 110,000 acre-feet of water savings per year
are achieved by the end of the eighth year of the
program, to protect and enhance fish and wildlife re-
sources; and not less than 55,000 acre feet of water
savings per year are achieved by the end of the
eighth year of the program for availability for irriga-
tion;
(5) to encourage voluntary transactions among
public and private entities which result in the imple-
mentation of water conservation measures, practices,
and facilities; and
(6) to provide for the implementation by the
Yakama Indian Nation at its sole discretion of (A)
an irrigation demonstration project on the Yakama
Indian Reservation using water savings from system
improvements to the Wapato Irrigation Project, and
(B) a Toppenish Creek corridor enhancement project
integrating agricultural, fish, wildlife, and cultural
resources.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ‘‘Basin Conservation Plan’’ means
a plan for implementing water conservation meas-
ures found in the various water conservation plans
developed under the Basin Conservation Program.
(2) The term ‘‘Basin Conservation Program’’
means the Yakima River Basin Water Conservation
Program established under section 3(a).
(3) The term ‘‘comprehensive basin operating
plan’’ means a plan that will provide guidance to the
Yakima Project Superintendent for operation of the
existing Yakima Project as modified by actions
taken pursuant to this Act.
(4) The term ‘‘Conservation Advisory Group’’
means the Yakima River Basin Conservation Advi-
sory Group established under section 3(c).
(5) The term ‘‘conserved water’’ means water
saved and attributable to the program established
under the Basin Conservation Program.
(6) 
The 
term 
‘‘Irrigation 
Demonstration
Project’’ means the Yakama Indian Reservation Irri-
gation Demonstration Project authorized in section
4(b).
(7) The term ‘‘nonproratable water’’ means
that portion of the total water supply available
under provisions of sections 18 and 19 of Civil Ac-
tion No. 21 (Federal District Court Judgment of
January 31, 1945) that is not subject to proration
in times of water shortage.
(8) The term ‘‘on-district storage’’ means small
water storage facilities located within the boundaries
of an irrigation entity, including reregulating res-
ervoirs, holding ponds, or other new storage methods
which allow for efficient water use.
(9) The term ‘‘proratable water’’ means that
portion of the total water supply available under
provisions of sections 18 and 19 of Civil Action No.
21 (Federal District Court Judgment of January 31,
1945) that is subject to proration in times of water
shortage.
(10) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(11) The term ‘‘System Operations Advisory
Committee’’ means a group of fishery biologists—
(A) created by the Yakima Project Super-
intendent in response to the supplemental in-
structions entitled ‘‘Supplementary Instructions
to the Water Master’’, and dated November 28,
1980, in the case of Kittitass Reclamation Dis-
trict, et al. vs. the Sunnyside Valley Irrigation
District, et al. (E.D. Wash., Civil No. 21.);
(B) who advise the Yakima Project Super-
intendent on operations of the Yakima Project
for fish and wildlife purposes; and
(C) who, together with others, were identi-
fied for consultation on November 29, 1990, in
the amended partial summary judgment entered
in the basin adjudication (Yakima County Su-
perior Court No. 77–2–01484–5).
(12) 
The 
term 
‘‘Toppenish 
Enhancement
Project’’ means the Toppenish Creek corridor en-
hancement project authorized by section 4(c).
(13) The term ‘‘Yakama Indian Nation’’ means
the Confederated Tribes and Bands of the Yakama
Indian Nation as redesignated under section 4(g).
(14) The term ‘‘Yakima Project Superintend-
ent’’ means the individual designated by the Re-
gional Director, Pacific Northwest Region, Bureau
of Reclamation, to be responsible for the operation
and management of the Yakima Federal Reclama-
tion Project, Washington.
SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO-
GRAM.
(a) ESTABLISHMENT.—(1) The Secretary, in con-
sultation with the State of Washington, the Yakama In-
dian Nation, Yakima River basin irrigators, and other in-
terested parties, shall establish and administer a Yakima
River Basin Water Conservation Program for the purpose
of evaluating and implementing measures to improve the
availability of water supplies for irrigation and the protec-
tion and enhancement of fish and wildlife resources, in-
cluding wetlands, while improving the quality of water in
the Yakima Basin. The Secretary may make grants to eli-
gible entities for the purposes of carrying out this Act
under such terms and conditions as the Secretary may re-
quire. Such terms and conditions shall include a require-
ment that all water districts, irrigation districts, individ-
uals, or other entities eligible to participate in the Basin
Conservation Program must equip all surface water deliv-
ery systems within their boundaries with volumetric water
meters or equally effective water measuring methods with-
in 5 years of the date of enactment of this Act.
(2) Conserved water resulting in whole or in part
from the expenditure of Federal funds shall not be used
to expand irrigation in the Yakima Basin, except as spe-
cifically provided in section 4(a)(3) on the Yakama Indian
Reservation.
(3) The provisions of this section shall not apply to
the Yakama Indian Nation except as to any funds specifi-
cally applied for from the Basin Conservation Program.
(b) FOUR PHASES OF PROGRAM.—The Basin Con-
servation Program shall encourage and provide funding
assistance for four phases of water conservation, which
shall consist of the following:
(1) The development of water conservation
plans, consistent with applicable water conservation
guidelines of the Secretary, by irrigation districts,
conservation 
districts, 
water 
purveyors, 
other
areawide entities, and individuals not included with-
in an areawide entity.
(2) The investigation of the feasibility of spe-
cific potential water conservation measures identified
in conservation plans.
(3) The implementation of measures that have
been identified in conservation plans and have been
determined to be feasible.
(4) Post implementation monitoring and evalua-
tion of implemented measures.
(c) CONSERVATION ADVISORY GROUP.—(1) Not later
than 12 months after the date of enactment of this Act,
the Secretary, in consultation with the State of Washing-
ton, the Yakama Indian Nation, Yakima River basin
irrigators, and other interested and related parties, shall
establish the Yakima River Basin Conservation Advisory
Group.
(2) Members of the Conservation Advisory Group
shall be appointed by the Secretary and shall be comprised
of—
(A) one representative of the Yakima River
basin nonproratable irrigators,
(B) one representative of the Yakima River
basin proratable irrigators,
(C) one representative of the Yakama Indian
Nation,
(D) one representative of environmental inter-
ests,
(E) one representative of the Washington State
University Agricultural Extension Service,
(F) one representative of the Department of
Wildlife of the State of Washington, and
(G) one individual who shall serve as the
facilitator.
(3) The Conservation Advisory Group shall—
(A) provide recommendations to the Secretary
and to the State of Washington regarding the struc-
ture and implementation of the Basin Conservation
Program,
(B) provide recommendations to the Secretary
and to the State of Washington regarding the estab-
lishment of a permanent program for the measure-
ment and reporting of all natural flow and contract
diversions within the basin.
(C) structure a process to prepare a basin con-
servation plan as specified in subsection (f),
(D) provide annual review of the implementa-
tion of the applicable water conservation guidelines
of the Secretary, and
(E) provide recommendations consistent with
statutes of the State of Washington on rules, regula-
tions, and administration of a process to facilitate
the voluntary sale or lease of water.
(4) The facilitator shall arrange for meetings of the
Conservation Advisory Group, provide logistical support,
and serve as moderator for the meetings.
(5) The Conservation Advisory Group shall consult
an irrigation district when considering actions specifically
affecting that district. For the purposes of this paragraph,
an irrigation district includes the Yakima Reservation Irri-
gation District.
(6) The Conservation Advisory Group shall be
nonvoting, seeking consensus whenever possible. If dis-
agreement occurs, any member may submit independent
comments to the Secretary. The Conservation Advisory
Group shall terminate 5 years after the date of its estab-
lishment unless extended by the Secretary.
(d) COST SHARING.—(1) Except as otherwise pro-
vided by this Act, costs incurred in the four phases of the
Basin 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 recip-
ient
(Residual
amount if
any)
50%
Program Phase
Non-Federal
Federal
Grant
State Grant
Local
2. Investigation of specific water con-
servation measures
50% but
sum of 1
and 2 not
greater
than
$200,000
per recip-
ient
20% after
deducting
State
funds for
Item 2
Residual
amount
after de-
ducting
State and
local
funds for
Item 2
3 and 4. Implementation and post im-
plementation monitoring and eval-
uation
17.5%
17.5%
65.0%
(2) The Yakima River Basin Water Enhancement
Project is a Federal action to improve streamflow and fish
passage conditions and shall be considered part of a com-
prehensive program to restore the Yakima River basin
anadromous fishery resource. Related fishery resource im-
provement facilities which utilize funding sources under
the Pacific Northwest Electric Power Planning and Con-
servation Act of 1989 (94 Stat. 2697) and independent
water-related improvements of the State of Washington
and other public and private entities to improve irrigation
water use, water supply, and water quality, shall be treat-
ed as non-Federal cost share expenditures and shall be
consolidated in any final calculation of required cost shar-
ing. Within one year of the date of enactment of this Act,
the Secretary shall enter into a binding cost sharing agree-
ment with the State of Washington. The agreement shall
describe the terms and conditions of specific contributions
and other activities that may, subject to approval by the
Secretary, qualify as non-Federal cost share expenditures.
(3) Costs of the Basin Conservation Program related
to projects on the Yakama Indian Reservation are a Fed-
eral responsibility and shall be nonreimbursable and not
subject to the cost-sharing provisions of this subsection.
(e) ENTITY WATER CONSERVATION PLANS.—To par-
ticipate in the Conservation Basin Program an entity
must submit a proposed water conservation plan to the
Secretary. The Secretary shall approve a water conserva-
tion plan submitted under this subsection if the Secretary
determines that the plan meets the applicable water con-
servation guidelines of the Secretary.
(f) BASIN CONSERVATION PLAN.—The Conservation
Advisory Group shall, within 21⁄2 years after the date of
enactment of this Act, submit a draft basin conservation
plan to the Secretary.
(g) PUBLIC COMMENT.—The Secretary shall distrib-
ute the draft basin conservation plan and the entity water
conservation plans submitted under subsections (e) and
(f), respectively, for public comment for a 60-day period.
(h) PUBLICATION OF BASIN CONSERVATION PLAN.—
Within 60 days after the close of the comment period
under subsection (g), the Secretary shall publish the Basin
Conservation Plan which plan will provide the basis—
(1) for prioritizing and allocating funds to im-
plement conservation measures under this Act; and
(2) for preparing an interim comprehensive
basin operating plan under section 10 of this Act as
provided for in Public Law 96–162 (93 Stat. 1241).
(i) CONSERVATION MEASURES.—(1) Measures con-
sidered for implementation in the Basin Conservation Pro-
gram may include, among others, conveyance and distribu-
tion system monitoring, automation of water conveyance
systems, water measuring or metering devices and equip-
ment, lining and piping of water conveyance and distribu-
tion systems, on-district storage, electrification of hydrau-
lic turbines, tail-water recycling, consolidation of irrigation
systems, irrigation scheduling, and improvement of on-
farm water application systems. Basin Conservation Pro-
gram funds may also be used throughout all four phases
of the Basin Conservation Program to mitigate for adverse
impacts of program measures.
(2) In addition to implementing existing technologies,
the Secretary shall encourage the testing of innovative
water conservation measures. The Secretary shall, to the
maximum extent possible under applicable Federal, State,
and tribal law, cooperate with the State of Washington
to facilitate water and water right transfers, water bank-
ing, dry year options, the sale and leasing of water, and
other innovative allocation tools used to maximize the util-
ity of existing Yakima River basin water supplies.
(3) The Secretary may, consistent with applicable
law, use funds appropriated to carry out this section for
the purchase or lease of land, water, or water rights from
any entity or individual willing to limit or forego water
use on a temporary or permanent basis. Funds used for
purchase or lease under this paragraph are not subject
to the cost sharing provisions of subsection (d). Efforts
to acquire water should be made immediately upon avail-
ability of funds to meet the three-year goal specified in
section 5(a)(4) to provide water to be used by the Yakima
Project Superintendent under the advisement of the Sys-
tem Operations Advisory Committee for instream flow
purposes. The use of Basin Conservation Program funds
under this paragraph are in addition to those specifically
authorized to be appropriated by subsection (j)(4).
(4) On-farm water management improvements shall
be coordinated with programs administered by the Sec-
retary of Agriculture and State conservation districts.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated to the Secretary, at
September 1990 prices, plus or minus such amounts as
may be justified by reason of ordinary fluctuations of ap-
plicable cost indexes, the following amounts for the Basin
Conservation Program:
(1) $1,000,000 for the development of water
conservation plans.
(2) $4,000,000 for investigation of specific po-
tential water conservation measures identified in
conservation plans for consideration for implement-
ing through the Basin Conservation Program.
(3) Up to $67,500,000 for design, implementa-
tion, post-implementation monitoring and evaluation
of measures, and addressing environmental impacts.
(4) Up to $10,000,000 for the initial acquisi-
tion of water from willing sellers or lessors specifi-
cally to provide instream flows for interim periods to
facilitate the outward migration of anadromous fish
flushing flows. Such funds shall not be subject to the
cost sharing provisions of subsection (d).
(5) $100,000 annually for the establishment
and support of the Conservation Advisory Group
during its duration. Such funds shall be available for
travel and per diem, rental of meeting rooms, typ-
ing, printing and mailing, and associated adminis-
trative needs. The Secretary and the State of Wash-
ington shall provide appropriate staff support to the
Conservation Advisory Group.
SEC. 4. YAKAMA INDIAN NATION.
(a) WAPATO IRRIGATION PROJECT IMPROVEMENTS
AND APPROPRIATIONS.—(1) The Yakama Indian Nation’s
proposed system improvements to the Wapato Irrigation
Project, as well as the design, construction, operation, and
maintenance of the Irrigation Demonstration Project and
the Toppenish Creek corridor enhancement project, pursu-
ant to this Act shall be coordinated with the Bureau of
Indian Affairs.
(2) There is authorized to be appropriated to the Sec-
retary not more than $23,000,000 for the preparation of
plans, investigation of measures, and following the Sec-
retary’s certification that such measures are consistent
with the water conservation objectives of this Act, the im-
plementation of system improvements to the Wapato Irri-
gation Project. Funding for further improvements within
the Wapato Irrigation Project may be acquired under the
Basin Conservation Program or other sources identified
by the Yakama Indian Nation.
(3) Water savings resulting from irrigation system
improvements shall be available for the use of the Yakama
Indian Nation for irrigation and other purposes on the
reservation and for protection and enhancement of fish
and wildlife within the Yakima River basin. The convey-
ance of such water through irrigation facilities other than
the Wapato Irrigation Project shall be on a voluntary basis
and shall not further diminish the amount of water that
otherwise would have been delivered by an entity to its
water users in years of water proration.
(b) IRRIGATION DEMONSTRATION PROJECT APPRO-
PRIATIONS.—(1)(A) There is hereby authorized to be ap-
propriated to the Secretary—
(i) at September 1990 prices, plus or minus
such amounts as may be justified by reason of ordi-
nary 
fluctuations 
of 
applicable 
cost 
indexes,
$8,500,000 for the design and construction of the
Yakama Indian Reservation Irrigation Demonstra-
tion Project; and
(ii) such sums as may be necessary for the op-
eration and maintenance of the Irrigation Dem-
onstration Project, including funds for administra-
tion, training, equipment, materials, and supplies for
the period specified by the Secretary, which sums
are in addition to operation and maintenance funds
for wildlife and cultural purposes appropriated to
the Secretary under other authorization.
(B) Funds may not be made available under this sub-
section until the Yakama Indian Nation obtains the con-
currence of the Secretary in the construction, manage-
ment, and administrative aspects of the Irrigation Dem-
onstration Project.
(C) After the end of the period specified under sub-
paragraph (A)(ii), costs for the operation and maintenance
of the Irrigation Demonstration Project, including funds
for administration, training, equipment, materials, and
supplies referred to in that subparagraph, shall be borne
exclusively by the lands directly benefitting from the Irri-
gation Demonstration Project.
(2) The Irrigation Demonstration Project shall pro-
vide for the construction of distribution and on-farm irri-
gation facilities to use all or a portion of the water savings,
as determined by the Yakama Indian Nation, resulting
from the Wapato Irrigation Project system improvements
for—
(A) demonstrating cost-effective state of the art
irrigation water management and conservation,
(B) the training of tribal members in irrigation
methods, operation, and management, and
(C) upgrading existing hydroelectric facilities
and construction of additional hydroelectric facilities
on the reservation to meet irrigation pumping power
needs.
(c) TOPPENISH CREEK CORRIDOR ENHANCEMENT
PROJECT APPROPRIATIONS.—There is hereby authorized
to be appropriated to the Secretary $1,500,000 for the
further investigation by the Yakama Indian Nation of
measures to develop a Toppenish Creek corridor enhance-
ment project to demonstrate integration of management
of agricultural, fish, wildlife, and cultural resources to
meet tribal objectives and such amount as the Secretary
subsequently determines is necessary for implementation.
There is also authorized to be appropriated to the Sec-
retary such sums as may be necessary for the operation
and maintenance of the Toppenish Enhancement Project.
(d) REPORT.—Within 5 years of the implementation
of the Irrigation Demonstration Project and the
Toppenish Enhancement Project, the Secretary, in con-
sultation with the Yakama Indian Nation, shall report to
the Committee on Energy and Natural Resources of the
Senate, the Committee on Natural Resources of the House
of Representatives, and the Governor of the State of
Washington on the effectiveness of the conservation, train-
ing, mitigation, and other measures implemented.
(e) STATUS OF IMPROVEMENTS AND FACILITIES.—
The Wapato Irrigation Project system improvements and
any specific irrigation facility of the Irrigation Demonstra-
tion Project (excluding on-farm irrigation facilities) and
the Toppenish Enhancement Project shall become features
of the Wapato Irrigation Project.
(f) TREATMENT OF CERTAIN COSTS.—Costs related
to Wapato Irrigation Project improvements, the Irrigation
Demonstration Project, and the Toppenish Enhancement
Project shall be a Federal responsibility and are
nonreimbursable and nonreturnable.
(g) REDESIGNATION OF YAKIMA INDIAN NATION TO
YAKAMA INDIAN NATION.—
(1) REDESIGNATION.—The Confederated Tribes
and Bands of the Yakima Indian Nation shall be
known and designated as the ‘‘Confederated Tribes
and Bands of the Yakama Indian Nation’’.
(2) REFERENCES.—Any reference in a law,
map, regulation, document, paper, or other record of
the United States to the Confederated Tribes and
Bands of the Yakima Indian Nation referred to in
subsection (a) shall be deemed to be a reference to
the ‘‘Confederated Tribes and Bands of the Yakama
Indian Nation’’.
SEC. 5. OPERATION OF YAKIMA BASIN PROJECTS.
(a) WATER SAVINGS FROM BASIN CONSERVATION
PROGRAM.—(1) The Basin Conservation Program is in-
tended to result in reductions in water diversions allowing
for changes in the present operation of the Yakima Project
to improve stream flow conditions in the Yakima River
basin. Except as provided by paragraph (5) of this sub-
section and section 9, commencing with the enactment of
this Act, and notwithstanding that anticipated water sav-
ings are yet to be realized, the Secretary, upon the enact-
ment of this Act and acting through the Yakima Project
Superintendent, shall (A) continue to estimate the water
supply which is anticipated to be available to meet water
entitlements; and (B) provide instream flows in accord-
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 thru
September
May thru
September
June thru
September
July thru
September
Sunnyside
Diversion
Dam
Prosser Di-
version 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
(2) The initial target flows represent target flows at
the respective points. Reasonable fluctuations from these
target flows are anticipated in the operation of the Yakima
Project, except that for any period exceeding 24 hours—
(A) actual flows at the Sunnyside Diversion
Dam may not decrease to less than 65 percent of
the target flow at the Sunnyside Diversion Dam;
and
(B) actual flows at the Prosser Diversion Dam
may not decrease by more than 50 cubic feet per
second from the target flow.
(3) The instream flows shall be increased for interim
periods during any month of April through October to fa-
cilitate when necessary the outward migration of anad-
romous fish. Increased instream flows for such interim pe-
riods shall be obtained through voluntary sale and leasing
of water or water rights or from conservation measures
taken under this Act.
(4)(A)(i) Within the three-year period beginning
when appropriations are first provided to carry out the
Basin Conservation Program, the instream flow goal in
the Yakima River is as follows: to secure water which is
to be used for instream flows to facilitate meeting rec-
ommendations of the System Operations Advisory Com-
mittee for flushing flows or other instream uses.
(ii) In addition to any other authority of the Sec-
retary to provide water for flushing flows, the water re-
quired to meet the goal specified in clause (i) shall be ac-
quired through the voluntary purchase or lease of land,
water, or water rights and from the development of addi-
tional storage capability at Lake Cle Elum provided for
in section 6(a).
(iii) In addition to water required to meet the
instream flow goal specified in clause (i), the System Op-
erations Advisory Committee may recommend additional
water to meet instream flow goals pursuant to judicial
actions.
(B) After the period referred to in subparagraph (A),
such instream flow goal is modified as follows:
(i) The goal increases so that the instream tar-
get flows specified in the table in paragraph (1) in-
crease by 50 cubic feet per second for each 27,000
acre-feet 
of 
reduced 
annual 
water 
diversions
achieved through implementation of measures under
the Basin Conservation Program. Such increases do
not apply to actions taken pursuant to section 4.
Such increases shall not further diminish the
amount of water that otherwise would have been de-
livered by an entity to its water users in years of
water proration.
(ii) The goal changes directly with the availabil-
ity of water resulting from Federal expenditures
under this Act for purchase or lease of water under
this Act.
(C) The Yakima Project Superintendent shall main-
tain an account of funded and completed conservation
measures taken under the Basin Conservation Program.
(D) No later than March 31 of each calendar year,
the Yakima Project Superintendent shall meet with the
State of Washington, Yakama Indian Nation, and Yakima
River basin irrigators to mutually determine total diver-
sion reductions and respective adjustments to the target
flows referred to in this subsection. The Yakima Project
Superintendent shall announce such adjustments with the
announcements of Total Water Supply Available. For the
purposes of this subparagraph, conserved water will be
considered available for adjusting target flows in the first
year following completion of a measure or following a re-
sult from the post implementation monitoring and evalua-
tion program, as the case may be.
(5) Operational procedures and processes in the Yak-
ima River basin which have or may be implemented
through judicial actions shall not be impacted by this Act.
(6)(A) Within three years after the date of enactment
of this Act, the Secretary shall conduct a study and submit
a report with recommendations to the appropriate commit-
tees of the Congress on whether the water supply available
for irrigation is adequate to sustain the agricultural econ-
omy of the Yakima River basin.
(B) The target flows provided for under this sub-
section shall be evaluated within three years after the date
of enactment of this Act by the Systems Operations Advi-
sory Committee for the purpose of making a report with
recommendations to the Secretary and the Congress evalu-
ating what is necessary to have biologically-based target
flows.
(C) The recommendations and reports under sub-
paragraphs (A) and (B) shall provide a basis for the third
phase of the Yakima River Basin Water Enhancement
Project.
(b) WATER FROM LAKE CLE ELUM.—Water accru-
ing from the development of additional storage capacity
at Lake Cle Elum, made available pursuant to the modi-
fications authorized in section 6(a), shall not be part of
the Yakima River basin’s water supply as provided in sub-
section (a)(1). Water obtained from such development is
exclusively dedicated to instream flows for use by the Yak-
ima Project Superintendent as flushing flows or as other-
wise advised by the System Operations Advisory Commit-
tee. Water may be carried over from year-to-year in the
additional capacity to the extent that there is space avail-
able. Releases may be made from other Yakima Project
storage facilities to most effectively utilize this additional
water, except that water deliveries to holders of existing
water rights shall not be impaired.
(c) STATUS
OF BASIN CONSERVATION PROGRAM
FACILITIES.—Measures of the Basin Conservation Pro-
gram which are implemented on facilities currently under
the administrative jurisdiction of the Secretary, except as
provided in section 4, shall be considered features of the
Yakima River Basin Water Enhancement Project, and
their operation and maintenance shall be integrated and
coordinated with other features of the existing Yakima
Project. The responsibility for operation and maintenance
and the related costs shall remain with the current operat-
ing entity. As appropriate, the Secretary shall incorporate
the operation and maintenance of such facilities into exist-
ing agreements. The Secretary shall assure that such fa-
cilities are operated in a manner consistent with Federal
and State law and in accordance with water rights recog-
nized pursuant to State and Federal law.
(d) WATER ACQUIRED BY PURCHASE AND LEASE.—
Water acquired from voluntary sellers and lessors shall be
administered as a block of water separate from the Total
Water Supply Available, in accordance with applicable
Federal and State law.
(e) YAKIMA PROJECT PURPOSE.—(1) An additional
purpose of the Yakima Project shall be for fish, wildlife,
and recreation.
(2) The existing storage rights of the Yakima Project
shall include storage for the purposes of fish, wildlife, and
recreation.
(3) The purposes specified in paragraphs (1) and (2)
shall not impair the operation of the Yakima Project to
provide water for irrigation purposes nor impact existing
contracts.
SEC. 6. LAKE CLE ELUM AUTHORIZATION OF APPROPRIA-
TIONS.
(a) MODIFICATIONS AND IMPROVEMENTS.—There is
hereby authorized to be appropriated to the Secretary—
(1) at September 1990 prices, plus or minus
such amounts as may be justified by reason of ordi-
nary fluctuation of applicable indexes, $2,934,000
to—
(A) modify the radial gates at Cle Elum
Dam to provide an additional 14,600 acre-feet
of storage capacity in Lake Cle Elum,
(B) provide for shoreline protection of
Lake Cle Elum, and
(C) construct juvenile fish passage facili-
ties at Cle Elum Dam, plus
(2) such additional amounts as may be nec-
essary which may be required for environmental
mitigation.
(b) OPERATION
AND MAINTENANCE APPROPRIA-
TIONS.—There is hereby authorized to be appropriated to
the Secretary such sums as may be necessary for that por-
tion of the operation and maintenance of Cle Elum Dam
determined by the Secretary to be a Federal responsibility.
SEC. 7. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA
BASIN TRIBUTARIES.
(a) GENERAL PROVISIONS.—The following shall be
applicable to the investigation and implementation of
measures to enhance water supplies for fish and wildlife
and irrigation purposes on tributaries of the Yakima River
basin:
(1) An enhancement program authorized by
this section undertaken in any tributary shall be
contingent upon the agreement of appropriate water
right owners to participate.
(2) The enhancement program authorized by
this section shall not be construed to affect (A) the
water rights of any water right owners in the tribu-
tary or other water delivering entities; (B) the capa-
bility of tributary water users to divert, convey, and
apply water; and (C) existing water and land uses
within the tributary area.
(3) The water supply for tributary enhancement
shall be administered in accordance with applicable
State and Federal laws.
(4) Any enhancement program authorized by
this section shall be predicated upon the availability
of a dependable water supply.
(b) STUDY.—(1) The Secretary, following consulta-
tion with the State of Washington, the tributary water
right owners, and the Yakama Indian Nation, and agree-
ment of appropriate water right owners to participate,
shall conduct a study concerning the measures that can
be implemented to enhance water supplies for fish and
wildlife and irrigation purposes on Taneum Creek, includ-
ing (but not limited to)—
(A) water use efficiency improvements;
(B) the conveyance of water from the Yakima
Project through the facilities of any irrigation entity
willing to contract with the Secretary without ad-
verse impact to water users;
(C) the construction, operation, and mainte-
nance of ground water withdrawal facilities;
(D) contracting with any entity that is willing
to voluntarily limit or forego present water use
through lease or sale of water or water rights on a
temporary or permanent basis;
(E) purchase of water rights from willing
sellers; and
(F) other measures compatible with the pur-
poses of this Act, including restoration of stream
habitats.
(2) In conducting the Taneum Creek study, the Sec-
retary shall consider—
(A) the hydrologic and environmental character-
istics;
(B) the engineering and economic factors relat-
ing to each measure; and
(C) the potential impacts upon the operations
of present water users in the tributary and measures
to alleviate such impacts.
(3) The Secretary shall make available to the public
for a 45-day comment period a draft report describing in
detail the findings, conclusions, and recommendations of
the study. The Secretary shall consider and include any
comment made in developing a final report. The Sec-
retary’s final report shall be submitted to the Committee
on Energy and Natural Resources of the Senate, the Com-
mittee on Natural Resources of the House of Representa-
tives, and the Governor of the State of Washington, and
made available to the public.
(c) IMPLEMENTATION
OF
NONSTORAGE
MEAS-
URES.—After securing the necessary permits the Sec-
retary may, in cooperation with the Department of Ecol-
ogy of the State of Washington and in accordance with
the laws of the State of Washington, implement
nonstorage measures identified in the final report under
subsection (b) upon fulfillment of the following conditions:
(1) The Secretary shall enter into an agreement
with the appropriate water right owners who are
willing to participate, the State of Washington, and
the Yakama Indian Nation, for the use and manage-
ment of the water supply to be provided by proposed
tributary measures pursuant to this section.
(2) The Secretary and the State of Washington
find that the implementation of the proposed tribu-
tary measures will not impair the water rights of
any person or entity in the affected tributary.
(d) OTHER YAKIMA RIVER BASIN TRIBUTARIES.—
Enhancement programs similar to the enhancement pro-
gram authorized by this section may be investigated and
implemented by the Secretary in other tributaries contin-
gent upon the agreement of the appropriate tributary
water right owners to participate. The provisions set forth
in this section shall be applicable to such programs.
(e) 
AUTHORIZATION
OF
APPROPRIATIONS.—(1)
There is hereby authorized to be appropriated to the Sec-
retary $500,000 for the study of the Taneum Creek
Project and such amount as the Secretary subsequently
determines is necessary for implementation of tributary
measures pursuant to this section.
(2) There is also authorized to be appropriated to the
Secretary such funds as are necessary for the investigation