I 
116TH CONGRESS 
1ST SESSION H. R. 1048 
To authorize phase III of the Yakima River Basin Water Enhancement 
Project, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2019 
Mr. NEWHOUSE (for himself and Ms. SCHRIER) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To authorize phase III 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. SHORT TITLE. 
This Act may be cited as the ‘‘Yakima River Basin 
Water Enhancement Project Phase III Act’’. 
SEC. 2. AUTHORIZATION OF PHASE III. 
(a) DEFINITIONS.—In this section: 
(1) INTEGRATED PLAN.—The term ‘‘Integrated 
Plan’’ means the Yakima River Basin Integrated 
Water Resource Management Plan, the Federal ele-
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ments of which are known as ‘‘phase III of the Yak-
ima River Basin Water Enhancement Project’’, as 
described in the Bureau of Reclamation document 
entitled ‘‘Record of Decision for the Yakima River 
Basin Integrated Water Resource Management Plan 
Final Programmatic Environmental Impact State-
ment’’ and dated March 2, 2012. 
(2) IRRIGATION ENTITY.—The term ‘‘irrigation 
entity’’ means a district, project, or State-recognized 
authority, board of control, agency, or entity located 
in the Yakima River basin that manages and deliv-
ers irrigation water to farms in the Yakima River 
basin. 
(3) PRORATABLE
IRRIGATION
ENTITY.—The 
term ‘‘proratable irrigation entity’’ means an irriga-
tion entity that possesses, or the members of which 
possess, proratable water (as defined in section 1202 
of Public Law 103–434 (108 Stat. 4551)). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) STATE.—The term ‘‘State’’ means the State 
of Washington. 
(6) TOTAL
WATER
SUPPLY
AVAILABLE.—The 
term ‘‘total water supply available’’ has the meaning 
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given the term in applicable civil actions, as deter-
mined by the Secretary. 
(7) YAKIMA
RIVER
BASIN
WATER
ENHANCE-
MENT PROJECT.—The term ‘‘Yakima River Basin 
Water Enhancement Project’’ means the Yakima 
River basin water enhancement project authorized 
by Congress pursuant to title XII of Public Law 
103–434 (108 Stat. 4550; 114 Stat. 1425) and 
other Acts (including Public Law 96–162 (93 Stat. 
1241), section 109 of Public Law 98–381 (16 
U.S.C. 839b note), and Public Law 105–62 (111 
Stat. 1320)) to promote water conservation, water 
supply, habitat, and stream enhancement improve-
ments in the Yakima River basin. 
(b) INTEGRATED PLAN.— 
(1) INITIAL DEVELOPMENT PHASE.— 
(A) IN GENERAL.—As the initial develop-
ment phase of the Integrated Plan, the Sec-
retary, in coordination with the State and the 
Yakama Nation, shall identify and implement 
projects under the Integrated Plan that are pre-
pared to be commenced during the 10-year pe-
riod beginning on the date of enactment of this 
Act. 
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(B) REQUIREMENT.—The initial develop-
ment phase of the Integrated Plan under sub-
paragraph (A) shall be carried out in accord-
ance with— 
(i) this subsection, including any re-
lated plans, reports, and correspondence 
referred to in this subsection; and 
(ii) title XII of Public Law 103–434 
(108 Stat. 4550; 114 Stat. 1425). 
(2) INTERMEDIATE AND FINAL DEVELOPMENT 
PHASES.— 
(A) PLANS.—The Secretary, in coordina-
tion with the State and the Yakama Nation, 
shall develop plans for the intermediate and 
final development phases of the Integrated Plan 
to achieve the purposes of title XII of Public 
Law 103–434 (108 Stat. 4550; 114 Stat. 
1425), including conducting applicable feasi-
bility studies, environmental reviews, and other 
relevant studies required to develop those plans. 
(B) 
INTERMEDIATE
DEVELOPMENT 
PHASE.—The Secretary, in coordination with 
the State and the Yakama Nation, shall develop 
an intermediate development phase of the Inte-
grated Plan, to commence not earlier than the 
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date that is 10 years after the date of enact-
ment of this Act. 
(C) FINAL
DEVELOPMENT
PHASE.—The 
Secretary, in coordination with the State and 
the Yakama Nation, shall develop a final devel-
opment phase of the Integrated Plan, to com-
mence not earlier than the date that is 20 years 
after the date of enactment of this Act. 
(3) REQUIREMENTS.—The projects and activi-
ties identified by the Secretary for implementation 
under the Integrated Plan shall be carried out 
only— 
(A) subject to authorization and appropria-
tion; 
(B) contingent on the completion of appli-
cable feasibility studies, environmental reviews, 
and cost-benefit analyses that include favorable 
recommendations for further project develop-
ment; 
(C) on public review and a determination 
by the Secretary that design, construction, and 
operation of a proposed project or activity is in 
the best interest of the public; and 
(D) in accordance with applicable laws, in-
cluding— 
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(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(ii) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection— 
(A) shall be considered to be a new or sup-
plemental benefit for purposes of the Reclama-
tion Reform Act of 1982 (43 U.S.C. 390aa et 
seq.); 
(B) affects— 
(i) any contract in existence on the 
date of enactment of this Act that was exe-
cuted pursuant to the reclamation laws; or 
(ii) any contract or agreement be-
tween the Bureau of Indian Affairs and 
the Bureau of Reclamation; 
(C) affects, waives, abrogates, diminishes, 
defines, or interprets any treaty between the 
Yakama Nation and the United States; or 
(D) constrains the authority of the Sec-
retary to provide fish passage in the Yakima 
River basin, in accordance with the Hoover 
Power Plant Act of 1984 (43 U.S.C. 619 et 
seq.). 
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(5) PROGRESS
REPORT.—Not later than 5 
years after the date of enactment of this Act, the 
Secretary, in conjunction with the State and in con-
sultation with the Yakama Nation, shall submit to 
the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natural Resources 
of the House of Representatives a progress report on 
the development and implementation of the Inte-
grated Plan. 
(c) FINANCING, CONSTRUCTION, OPERATION, AND 
MAINTENANCE OF KACHESS DROUGHT RELIEF PUMPING 
PLANT AND KEECHELUS TO KACHESS PIPELINE.— 
(1) LONG-TERM AGREEMENTS.— 
(A) IN GENERAL.—A long-term agreement 
negotiated pursuant to this section or the rec-
lamation laws between the Secretary and a par-
ticipating proratable irrigation entity in the 
Yakima River basin for the non-Federal financ-
ing, construction, operation, or maintenance of 
the Drought Relief Pumping Plant or the 
Keechelus to Kachess Pipeline shall include pro-
visions regarding— 
(i) responsibilities of each partici-
pating proratable irrigation entity for— 
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(I) the planning, design, and con-
struction of infrastructure, in con-
sultation and coordination with the 
Secretary; and 
(II) the pumping and operational 
costs necessary to provide the total 
water supply available that is made 
inaccessible due to drought pumping 
during any preceding calendar year, if 
the Kachess Reservoir fails to refill as 
a result of pumping drought storage 
water during such a calendar year; 
(ii) property titles and responsibilities 
of each participating proratable irrigation 
entity for the maintenance of, and liability 
for, all infrastructure constructed under 
title XII of Public Law 103–434 (108 
Stat. 4550; 114 Stat. 1425); 
(iii) operation and integration of the 
projects by the Secretary in the operation 
of the Yakima Project; and 
(iv) costs associated with the design, 
financing, construction, operation, mainte-
nance, and mitigation of projects, with the 
costs of Federal oversight and review to be 
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nonreimbursable to the participating pro-
ratable irrigation entities and the Yakima 
Project. 
(B) TREATMENT.—A facility developed or 
operated by a participating proratable irrigation 
entity under this subsection shall not be consid-
ered to be a supplemental work for purposes of 
section 9(a) of the Reclamation Project Act of 
1939 (43 U.S.C. 485h(a)). 
(2) KACHESS RESERVOIR.— 
(A) IN GENERAL.—Any additional stored 
water made available by the construction of a 
facility to access and deliver inactive and nat-
ural storage in Kachess Lake and Reservoir 
under this subsection— 
(i) shall be considered to be Yakima 
Project water; 
(ii) shall be used exclusively by the 
Secretary to enhance the water supply dur-
ing years for which the total water supply 
available is not sufficient to provide a per-
centage of proratable entitlements in order 
to make that additional water available, in 
a quantity representing not more than 70 
percent of proratable entitlements to the 
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Kittitas Reclamation District, the Roza Ir-
rigation District, or any other proratable 
irrigation entity participating in the con-
struction, operation, or maintenance costs 
of a facility under this section, in accord-
ance with such terms and conditions as the 
districts may agree, subject to the condi-
tions that— 
(I) the Bureau of Indian Affairs, 
the Wapato Irrigation Project, and 
the Yakama Nation, on an election to 
participate, may also obtain water 
from Kachess Reservoir inactive stor-
age to enhance applicable existing irri-
gation water supply in accordance 
with such terms and conditions as the 
Bureau of Indian Affairs and the 
Yakama Nation may agree; and 
(II) the additional supply made 
available under this clause shall be 
available to participating individuals 
and entities based on— 
(aa) the proportion that— 
(AA) the proratable en-
titlement of each partici-
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pating individual or entity; 
bears to 
(BB) the proratable en-
titlements 
of 
all 
partici-
pating individuals and enti-
ties; or 
(bb) such other proportion 
as the participating entities may 
agree; and 
(iii) shall not be any portion of the 
total water supply available. 
(B) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph affects, as in existence on the 
date of enactment of this Act, any— 
(i) contract; 
(ii) law (including regulations) relat-
ing to repayment costs; 
(iii) water rights; or 
(iv) treaty right of the Yakama Na-
tion. 
(3) PROJECT POWER FOR KACHESS PUMPING 
PLANT.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (B) through (D), the Administrator of 
the Bonneville Power Administration, pursuant 
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to the Pacific Northwest Electric Power Plan-
ning and Conservation Act (16 U.S.C. 839 et 
seq.), shall provide to the Secretary project 
power to operate the Kachess Pumping Plant 
constructed under this section if inactive stor-
age in the Kachess Reservoir is needed to pro-
vide drought relief for irrigation. 
(B) DETERMINATIONS
BY
SECRETARY.— 
The project power described in subparagraph 
(A) may be provided only if the Secretary deter-
mines that— 
(i) there are in effect— 
(I) a drought declaration issued 
by the State; and 
(II) conditions that have led to 
70 percent or lower water delivery to 
proratable irrigation districts; and 
(ii) it is appropriate to provide the 
power under that subparagraph. 
(C) PERIOD OF AVAILABILITY.—The power 
described in subparagraph (A) shall be provided 
during the period— 
(i) beginning on the date on which the 
Secretary makes the determinations de-
scribed in subparagraph (B); and 
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(ii) ending on the earlier of— 
(I) the date that is 1 year after 
that date; and 
(II) the date on which the Sec-
retary determines that— 
(aa) 
drought 
mitigation 
measures are still necessary in 
the Yakima River basin; or 
(bb) the power should no 
longer be provided for any other 
reason. 
(D) RATE.— 
(i) IN GENERAL.—The Administrator 
of the Bonneville Power Administration 
shall provide project power under subpara-
graph (A) at the then-applicable lowest 
Bonneville Power Administration rate for 
public body, cooperative, and Federal agen-
cy customer firm obligations on the date 
on which the authority is provided. 
(ii) NO DISCOUNTS.—The rate under 
clause (i) shall not include any irrigation 
discount. 
(E) LOCAL PROVIDER.—During any period 
for which project power is not provided under 
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subparagraph (A), the Secretary shall obtain 
power to operate the Kachess Pumping Plant 
from a local provider. 
(F) OTHER COSTS.—The cost of power for 
pumping and station service, and the costs of 
transmitting power from the Federal Columbia 
River power system to the pumping facilities of 
the Yakima River Basin Water Enhancement 
Project, shall be borne by the irrigation dis-
tricts receiving the benefits of the applicable 
water. 
(G) DUTIES OF COMMISSIONER.—For pur-
poses of this paragraph, the Commissioner of 
Reclamation shall arrange transmission for any 
delivery of— 
(i) Federal power over the Bonneville 
system through applicable tariff and busi-
ness practice processes of that system; or 
(ii) power obtained from any local 
provider. 
(d) DESIGN AND USE OF GROUNDWATER RECHARGE 
PROJECTS.—The Secretary, in coordination with the State 
and the Yakama Nation, may provide technical assistance 
for, participate in, and enter into agreements, including 
with irrigation entities for the use of excess conveyance 
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capacity in Yakima River Basin Water Enhancement 
Project facilities, for— 
(1) groundwater recharge projects; and 
(2) aquifer storage and recovery projects. 
(e) OPERATIONAL CONTROL OF WATER SUPPLIES.— 
(1) IN GENERAL.—The Secretary shall retain 
authority and discretion over the management of 
Yakima River Basin Water Enhancement Project 
supplies— 
(A) to optimize operational use and flexi-
bility; and 
(B) to ensure compliance with all applica-
ble Federal and State laws, treaty rights of the 
Yakama Nation, and legal obligations, including 
those under title XII of Public Law 103–434 
(108 Stat. 4550; 114 Stat. 1425). 
(2) INCLUSION.—The authority and discretion 
described in paragraph (1) shall include the ability 
of the United States to store, deliver, conserve, and 
reuse water supplies deriving from projects author-
ized under title XII of Public Law 103–434 (108 
Stat. 4550; 114 Stat. 1425). 
(f) COOPERATIVE AGREEMENTS AND GRANTS.—The 
Secretary may enter into cooperative agreements and 
make grants to carry out this section, including for the 
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purposes of land and water transfers, leases, and acquisi-
tions from willing participants, subject to the condition 
that the acquiring entity shall hold title to, and be respon-
sible for, all required operation, maintenance, and man-
agement of the acquired land or water during any period 
in which the acquiring entity holds title to the acquired 
land. 
(g) WATER CONSERVATION PROJECTS.—The Sec-
retary may participate in, provide funding for, and accept 
non-Federal financing for water conservation projects, re-
gardless of whether the projects are in accordance with 
the Yakima River Basin Water Conservation Program es-
tablished under section 1203 of Public Law 103–434 (108 
Stat. 4551), that are intended to partially implement the 
Integrated Plan by providing conserved water to improve 
tributary and mainstem stream flow. 
(h) INDIAN IRRIGATION PROJECTS.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner of Reclamation, may con-
tribute funds for the preparation of plans and inves-
tigation measures, and, after the date on which the 
Secretary certifies that the measures are consistent 
with the water conservation objectives of this sec-
tion, to any Indian irrigation project— 
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(A) that is located in the Pacific North-
west Region; 
(B) that is identified in the report of the 
Government Accountability Office numbered 
GAO–15–453T; 
(C) that has been identified as part of a 
Bureau of Reclamation basin study pursuant to 
subtitle F of title IX of Public Law 111–11 (42 
U.S.C. 10361 et seq.) to increase water supply 
for the Pacific Northwest Region; and 
(D) an improvement to which would con-
tribute to the flow of interstate water. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $75,000,000. 
SEC. 3. MODIFICATION OF PURPOSES AND DEFINITIONS. 
(a) PURPOSES.—Section 1201 of Public Law 103– 
434 (108 Stat. 4550) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) to protect, mitigate, and enhance fish and 
wildlife and the recovery and maintenance of self- 
sustaining harvestable populations of fish and other 
aquatic life, both anadromous and resident species, 
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throughout their historic distribution range in the 
Yakima Basin through— 
‘‘(A) improved water management and the 
constructions of fish passage at storage and di-
version dams, as authorized under the Hoover 
Power Plant Act of 1984 (43 U.S.C. 619 et 
seq.); 
‘‘(B) improved instream flows and water 
supplies; 
‘‘(C) improved water quality, watershed, 
and ecosystem function; 
‘‘(D) protection, creation, and enhance-
ment of wetlands; and 
‘‘(E) other appropriate means of habitat 
improvement;’’; 
(2) in paragraph (2), by inserting ‘‘, municipal, 
industrial, and domestic water supply and use pur-
poses, especially during drought years, including re-
ducing the frequency and severity of water supply 
shortages for pro-ratable irrigation entities’’ before 
the semicolon at the end; 
(3) by striking paragraph (4); 
(4) by redesignating paragraph (3) as para-
graph (4); 
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