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.
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 savings
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 resources;
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 irrigation;
(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 In-
dian 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 measures
found in the various water conservation plans devel-
oped 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 Irrigation
Demonstration Project authorized in section 4(b).
(7) The term ‘‘nonproratable water’’ means that
portion of the total water supply available under pro-
visions of sections 18 and 19 of Civil Action 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 por-
tion of the total water supply available under provi-
sions 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 Supe-
rior Court No. 77–2–01484–5).
(12) The term ‘‘Toppenish Enhancement Project’’
means the Toppenish Creek corridor enhancement
project authorized by section 4(c).
(13) The term ‘‘Yakama Indian Nation’’ means
the Confederated Tribes and Bands of the Yakama In-
dian Nation as redesignated under section 4(g).
(14) The term ‘‘Yakima Project Superintendent’’
means the individual designated by the Regional Di-
rector, Pacific Northwest Region, Bureau of Reclama-
tion, to be responsible for the operation and manage-
ment of the Yakima Federal Reclamation Project,
Washington.
SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO-
GRAM.
(a) ESTABLISHMENT.—(1) The Secretary, in consulta-
tion with the State of Washington, the Yakama Indian Na-
tion, Yakima River basin irrigators, and other interested
parties, shall establish and administer a Yakima River
Basin Water Conservation Program for the purpose of eval-
uating and implementing measures to improve the avail-
ability of water supplies for irrigation and the protection
and enhancement of fish and wildlife resources, including
wetlands, while improving the quality of water in the Yak-
ima Basin. The Secretary may make grants to eligible enti-
ties for the purposes of carrying out this Act under such
terms and conditions as the Secretary may require. Such
terms and conditions shall include a requirement that all
water districts, irrigation districts, individuals, or other en-
tities eligible to participate in the Basin Conservation Pro-
gram must equip all surface water delivery systems within
their boundaries with volumetric water meters or equally
effective water measuring methods within 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 specifically pro-
vided 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 as-
sistance for four phases of water conservation, which shall
consist of the following:
(1) The development of water conservation plans,
consistent with applicable water conservation guide-
lines of the Secretary, by irrigation districts, con-
servation districts, water purveyors, other areawide
entities, and individuals not included within an
areawide entity.
(2) The investigation of the feasibility of specific
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 Washington,
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 Na-
tion,
(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 af-
fecting 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 disagree-
ment occurs, any member may submit independent com-
ments to the Secretary. The Conservation Advisory Group
shall terminate 5 years after the date of its establishment
unless extended by the Secretary.
(d) COST SHARING.—(1) Except as otherwise provided
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%
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 Conserva-
tion 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 treated as non-
Federal cost share expenditures and shall be consolidated
in any final calculation of required cost sharing. Within
one year of the date of enactment of this Act, the Secretary
shall enter into a binding cost sharing agreement 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 Federal
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 conservation plan sub-
mitted under this subsection if the Secretary determines
that the plan meets the applicable water conservation guide-
lines 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 distribute
the draft basin conservation plan and the entity water con-
servation plans submitted under subsections (e) and (f), re-
spectively, 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 Con-
servation 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 consid-
ered 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 hydraulic
turbines, tail-water recycling, consolidation of irrigation
systems, irrigation scheduling, and improvement of on-farm
water application systems. Basin Conservation Program
funds may also be used throughout all four phases of the
Basin Conservation Program to mitigate for adverse im-
pacts 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 maxi-
mum extent possible under applicable Federal, State, and
tribal law, cooperate with the State of Washington to facili-
tate water and water right transfers, water banking, dry
year options, the sale and leasing of water, and other inno-
vative allocation tools used to maximize the utility of exist-
ing Yakima River basin water supplies.
(3) The Secretary may, consistent with applicable law,
use funds appropriated to carry out this section for the pur-
chase or lease of land, water, or water rights from any en-
tity 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 availability of
funds to meet the three-year goal specified in section 5(a)(4)
to provide water to be used by the Yakima Project Super-
intendent under the advisement of the System 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 appro-
priated by subsection (j)(4).
(4) On-farm water management improvements shall be
coordinated with programs administered by the Secretary
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 applicable
cost indexes, the following amounts for the Basin Conserva-
tion Program:
(1) $1,000,000 for the development of water con-
servation plans.
(2) $4,000,000 for investigation of specific poten-
tial water conservation measures identified in con-
servation plans for consideration for implementing
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 acquisition
of water from willing sellers or lessors specifically to
provide instream flows for interim periods to facili-
tate the outward migration of anadromous fish flush-
ing 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, typing, print-
ing and mailing, and associated administrative
needs. The Secretary and the State of Washington
shall provide appropriate staff support to the Con-
servation 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 In-
dian 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 implemen-
tation of system improvements to the Wapato Irrigation
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 im-
provements shall be available for the use of the Yakama In-
dian Nation for irrigation and other purposes on the res-
ervation and for protection and enhancement of fish and
wildlife within the Yakima River basin. The conveyance 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 other-
wise 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 appro-
priated to the Secretary—
(i) at September 1990 prices, plus or minus such
amounts as may be justified by reason of ordinary
fluctuations of applicable cost indexes, $8,500,000 for
the design and construction of the Yakama Indian
Reservation Irrigation Demonstration Project; and
(ii) such sums as may be necessary for the oper-
ation and maintenance of the Irrigation Demonstra-
tion Project, including funds for administration,
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 concur-
rence of the Secretary in the construction, management, and
administrative aspects of the Irrigation Demonstration
Project.
(C) After the end of the period specified under subpara-
graph (A)(ii), costs for the operation and maintenance of
the Irrigation Demonstration Project, including funds for
administration, training, equipment, materials, and sup-
plies referred to in that subparagraph, shall be borne exclu-
sively by the lands directly benefitting from the Irrigation
Demonstration Project.
(2) The Irrigation Demonstration Project shall provide
for the construction of distribution and on-farm irrigation
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 enhancement 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 Secretary 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 consultation with
the Yakama Indian Nation, shall report 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 on the
effectiveness of the conservation, training, 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 Demonstration
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 ‘‘Confed-
erated Tribes and Bands of the Yakama Indian Na-
tion’’.
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 accordance
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 sec-
ond 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 peri-
ods 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 Yak-
ima River is as follows: to secure water which is to be used
for instream flows to facilitate meeting recommendations
of the System Operations Advisory Committee for flushing
flows or other instream uses.
(ii) In addition to any other authority of the Secretary
to provide water for flushing flows, the water required to
meet the goal specified in clause (i) shall be acquired
through the voluntary purchase or lease of land, water, or
water rights and from the development of additional 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 Oper-
ations Advisory Committee may recommend additional
water to meet instream flow goals pursuant to judicial ac-
tions.
(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 target
flows specified in the table in paragraph (1) increase
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 Con-
servation 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 delivered 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 diversion re-
ductions and respective adjustments to the target flows re-
ferred to in this subsection. The Yakima Project Super-
intendent shall announce such adjustments with the an-
nouncements of Total Water Supply Available. For the pur-
poses of this subparagraph, conserved water will be consid-
ered available for adjusting target flows in the first year
following completion of a measure or following a result from
the post implementation monitoring and evaluation pro-
gram, 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 subsection
shall be evaluated within three years after the date of enact-
ment of this Act by the Systems Operations Advisory Com-
mittee for the purpose of making a report with rec-
ommendations to the Secretary and the Congress evaluating
what is necessary to have biologically-based target flows.
(C) The recommendations and reports under subpara-
graphs (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 accruing
from the development of additional storage capacity at Lake
Cle Elum, made available pursuant to the modifications
authorized in section 6(a), shall not be part of the Yakima
River basin’s water supply as provided in subsection (a)(1).
Water obtained from such development is exclusively dedi-
cated to instream flows for use by the Yakima Project Su-
perintendent as flushing flows or as otherwise advised by
the System Operations Advisory Committee. Water may be
carried over from year-to-year in the additional capacity
to the extent that there is space available. 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 FA-
CILITIES.—Measures of the Basin Conservation Program
which are implemented on facilities currently under the ad-
ministrative jurisdiction of the Secretary, except as pro-
vided in section 4, shall be considered features of the Yak-
ima River Basin Water Enhancement Project, and their op-
eration and maintenance shall be integrated and coordi-
nated with other features of the existing Yakima Project.
The responsibility for operation and maintenance and the
related costs shall remain with the current operating entity.
As appropriate, the Secretary shall incorporate the oper-
ation and maintenance of such facilities into existing agree-
ments. The Secretary shall assure that such facilities are
operated in a manner consistent with Federal and State
law and in accordance with water rights recognized pursu-
ant 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 pro-
vide water for irrigation purposes nor impact existing con-
tracts.
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 facilities
at Cle Elum Dam, plus
(2) such additional amounts as may be necessary
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 ap-
plicable to the investigation and implementation of meas-
ures 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 contin-
gent 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 tributary or
other water delivering entities; (B) the capability 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 consultation
with the State of Washington, the tributary water right
owners, and the Yakama Indian Nation, and agreement of
appropriate water right owners to participate, shall con-
duct a study concerning the measures that can be imple-
mented to enhance water supplies for fish and wildlife and
irrigation purposes on Taneum Creek, including (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 adverse
impact to water users;
(C) the construction, operation, and maintenance
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 purposes
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 com-
ment made in developing a final report. The Secretary’s
final report shall be submitted to the Committee on Energy
and Natural Resources of the Senate, the Committee on Nat-
ural Resources of the House of Representatives, and the
Governor of the State of Washington, and made available
to the public.
(c) IMPLEMENTATION OF NONSTORAGE MEASURES.—
After securing the necessary permits the Secretary may, in
cooperation with the Department of Ecology 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.—En-
hancement programs similar to the enhancement program
authorized by this section may be investigated and imple-
mented by the Secretary in other tributaries contingent
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 Secretary
$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 pursu-
ant to this section.
(2) There is also authorized to be appropriated to the
Secretary such funds as are necessary for the investigation
of enhancement programs similar to the enhancement pro-
gram authorized by this section in other Yakima River
basin tributaries contingent upon the agreement of the ap-
propriate water right owners to participate. Funds for the
implementation of any such similar enhancement program
may not be appropriated until after the Secretary submits
an investigation report to the appropriate congressional
committees.
SEC. 8. CHANDLER PUMPING PLANT AND POWERPLANT-OP-
ERATIONS AT PROSSER DIVERSION DAM.
(a) AUTHORIZATION OF APPROPRIATIONS FOR ELEC-
TRIFICATION.—In order to provide for electrification to en-
hance instream flows by eliminating the need to divert
water to operate the hydraulic turbines which pump water
to the Kennewick Irrigation District, there is authorized to
be appropriated—
(1) $50,000 to conduct an assessment of opportu-
nities for alternative pumping plant locations;
(2) $4,000,000 for construction; and
(3) such sums as may be necessary for the
prorata share of the operation and maintenance allo-
cated to fish and wildlife as determined by the Sec-
retary.
(b) POWER FOR PROJECT PUMPING.—The Adminis-
trator of the Bonneville Power Administration, consistent
with provisions of the Columbia River Basin Fish and
Wildlife Program established pursuant to the Pacific North-
west Electric Power Planning and Conservation Act (94
Stat. 2697), shall provide for project power needed to effect
the electrification as provided in subsection (a). The cost
of power shall be credited to fishery restoration goals of the
Columbia River Basin Fish and Wildlife Program.
(c) SUBORDINATION.—Any diversions for hydropower
generation at the Chandler Powerplant shall be subordi-
nated to meet the flow targets determined under subsection
(f).
(d) WATER SUPPLY FOR KENNEWICK IRRIGATION DIS-
TRICT.—The Secretary shall ensure that the irrigation
water supply for the Kennewick Irrigation District shall
not be affected by conservation, electrification, or subordi-
nation pursuant to this Act and any reduction in its irriga-
tion water supply resulting from conservation measures
adopted or implemented by other entities pursuant to this
Act shall be replaced by water developed through subordina-
tion, electrification, or a combination of the two.
(e) TREATMENT OF CERTAIN FUNDS.—Funds appro-
priated and project power provided pursuant to this section
shall be nonreimbursable since such funds are used for fish
and wildlife purposes and such funds are not subject to cost
share under section 3(d).
(f) TARGET FLOWS.—Target flows measured at appro-
priate biological and hydrological location or locations shall
be determined by the Yakima Project Superintendent in
consultation with the System Operations Advisory Commit-
tee.
SEC. 9. AUGMENTATION OF KACHESS RESERVOIR STORED
WATER.
(a) AUTHORIZATION OF APPROPRIATIONS.—In order
to augment Kachess Reservoir stored water supplies from
flows of Cabin Creek and Silver Creek which are excess to
system demands, there is authorized to be appropriated—
(1) such sums as may be necessary to carry out
a feasibility study, including the benefits, costs, and
environmental aspects, of the facility described in
paragraph (2);
(2) for the construction of facilities to convey
such flows to Kachess Reservoir, $20,000,000; and
(3) such sums as may be necessary for the pro
rata share of the operation and maintenance allocated
to fish and wildlife determined by the Secretary.
(b) LIMITATION.—Construction of the facilities de-
scribed in subsection (a)(2) is contingent on the completion
of the feasibility study referred to in subsection (a)(1).
(c) USE OF ADDITIONAL WATER.—The stored water
supply resulting from the construction of facilities under
this section shall be used by the Secretary to—
(1) enhance the water supply available to the
Kittitas Reclamation District and the Roza Irriga-
tion District in years of proration; and
(2) facilitate reservoir operations in the Easton
Dam to Keechelus Dam reach of the Yakima River for
the propagation of anadromous fish.
(d) TREATMENT OF COSTS.—The construction and op-
eration and maintenance costs of the facilities under this
section shall be allocated to irrigation and fishery enhance-
ment, as follows:
(1) The portion of such costs allocated to irriga-
tion is reimbursable, with the construction costs to be
paid prior to initiation of construction by the
Kittitas Reclamation District and the Roza Irriga-
tion District.
(2) The portion of such costs allocated to fishery
enhancement is nonreimbursable.
(e) KACHESS DAM MODIFICATIONS.—There is author-
ized to be appropriated $2,000,000 for the modification of
the discharge facilities of Kachess Dam to improve reservoir
operations for anadromous fish enhancement. Amounts ap-
propriated under this subsection are nonreimbursable.
SEC. 10. INTERIM COMPREHENSIVE BASIN OPERATING
PLAN.
(a) DEVELOPMENT.—The Secretary shall, in consulta-
tion with the State of Washington, Yakama Indian Nation,
Yakima River Basin irrigation districts, Bonneville Power
Administration, and other entities as determined by the
Secretary, develop an interim comprehensive operating
plan for providing a general framework within which the
Yakima Project Superintendent operates the Yakima
Project, including measures implemented under the Yakima
River Basin Water Enhancement Project, including (but
not limited to)—
(1) operating capability and constraints of the
system;
(2) information on water supply calculations
and water needs;
(3) system operations and stream flow objectives;
and
(4) the System Operations Advisory Committee
activities.
(b) PROCESS REQUIREMENTS.—A draft of the interim
comprehensive basin operating plan shall be completed
within 18 months after the completion of the Basin Con-
servation Plan under section 3(f) and, upon completion,
published for a 90-day public review period. The Secretary
shall complete and publish the final interim comprehensive
operating plan within 90 days after the close of the public
review period. The Secretary shall update the plan as need-
ed to respond to decisions from water adjudications relating
to the Yakima River basin.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $100,000 to carry out this
section.
SEC. 11. ENVIRONMENTAL COMPLIANCE.
There are hereby authorized to be appropriated to the
Secretary $2,000,000 for environmental compliance activi-
ties including the conduct, in cooperation with the State
of Washington, of an inventory of wildlife and wetland re-
sources in the Yakima River basin and an investigation
of measures, including ‘‘wetland banking’’, which could be
implemented to address potential impacts which could re-
sult from the activities taken under this Act.
SEC. 12. SAVINGS AND CONTINGENCIES.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to—
(1) affect or modify any treaty or other right of
the Yakama Indian Nation;
(2) authorize the appropriation or use of water
by any Federal, State, or local agency, the Yakama
Indian Nation, or any other entity or individual;
(3) impair the rights or jurisdictions of the
United States, the States, the Yakama Indian Nation,
or other entities over waters of any river or stream
or over any ground water resource;
(4) alter, amend, repeal, interpret, modify, or be
in conflict with any interstate compact made by the
States;
(5) alter, establish, or impair the respective
rights of States, the United States, the Yakama In-
dian Nation, or any other entity or individual with
respect to any water or water-related right;
(6) alter, diminish, or abridge the rights and ob-
ligations of any Federal, State, or local agency, the
Yakama Indian Nation, or other entity, public or pri-
vate;
(7) affect or modify the rights of the Yakama In-
dian Nation or its successors in interest to, and man-
agement and regulation of, those water resources aris-
ing or used, within the external boundaries of the
Yakama Indian Reservation;
(8) affect or modify the settlement agreement be-
tween the United States and the State of Washington
filed in Yakima County Superior Court with regard
to Federal reserved water rights other than those
rights reserved by the United States for the benefit of
the Yakama Indian Nation and its members;
(9) affect or modify the rights of any Federal,
State, or local agency, the Yakama Indian Nation, or
any other entity, public or private with respect to
any unresolved and unsettled claims in any water
right adjudications, or court decisions, including
State against Acquavella, or constitute evidence in
any such proceeding in which any water or water re-
lated right is adjudicated; or
(10) preclude other planning studies and projects
to accomplish the purposes of this Act by other means:
funded publicly, privately, or by a combination of
public and private funding.
(b) CONTINGENCY BASED ON APPROPRIATIONS.—The
performance of any activity under this Act which requires
accomplishment within a specified period that may require
appropriation of money by Congress or the allotment of
funds shall be contingent upon such appropriation or allot-
ment being made.
HR 1690 RH——2
HR 1690 RH——3
HR 1690 RH——4