Union Calendar No. 467
104TH CONGRESS
2D SESSION
H. R. 2392
[Report No. 104–860]
A BILL
To amend the Umatilla Basin Project Act to estab-
lish boundaries for irrigation districts within the
Umatilla Basin, and for other purposes.
SEPTEMBER 28, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 467
104TH CONGRESS
2D SESSION
H. R. 2392
[Report No. 104–860]
To amend the Umatilla Basin Project Act to establish boundaries for
irrigation districts within the Umatilla Basin, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1995
Mr. COOLEY introduced the following bill; which was referred to the
Committee on Resources
SEPTEMBER 28, 1996
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 September 21, 1995]
A BILL
To amend the Umatilla Basin Project Act to establish bound-
aries for irrigation districts within the Umatilla Basin,
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 to as the ‘‘Umatilla Basin
Project Completion Act’’.
SEC. 2. AUTHORITY TO COMPLETE THIRD PHASE OF
UMATILLA BASIN PROJECT.
The Umatilla Basin Project Act (102 Stat. 2791) is
amended by adding at the end the following new sections:
‘‘SEC. 215. UMATILLA BASIN PROJECT PHASE III EXCHANGE.
‘‘(a) AUTHORIZATION OF PROJECT CONSTRUCTION.—
(1) Effective upon the boundary adjustments under section
216(a), the Secretary is authorized to construct a third and
final phase of the Umatilla Basin Project to provide addi-
tional flows in the Umatilla River for anadromous fish
through a water exchange with Westland Irrigation Dis-
trict.
‘‘(2) Prior to construction, the Secretary shall complete
a feasibility study to identify alternatives to provide
Westland Irrigation District and other Umatilla River
Basin water users with exchange flows of approximately
220 cubic feet per second to restore the Umatilla River fish-
ery, as determined through analysis in a feasibility study
under paragraph (3).
‘‘(3)(A) The feasibility study for the Phase III ex-
change facilities shall examine engineering, environmental,
and economic factors associated with project alternatives,
including but not limited to: technical engineering and hy-
drologic analyses pertinent to the identification and design
of alternatives; biological analyses of instream flow levels
to optimize anadromous fish restoration; and assessment of
the best biological value per unit expenditure among the al-
ternatives.
‘‘(B) The feasibility study shall also include an analy-
sis of inclusion of other irrigators in the exchange; consoli-
dation of irrigation delivery facilities; potential for vol-
untary water transfers; optimization of water delivery
scheduling for all four irrigation districts; appropriate
backup systems; water conservation opportunities; and such
other analyses as the Secretary may consider appropriate
to improve the exchange project for fishery restoration pur-
poses.
‘‘(4) Prior to completion of Phase III facilities, the
Secretary shall negotiate and execute an exchange agree-
ment with the Westland Irrigation District to allow the use
of Columbia River water in exchange for an equivalent
amount of Umatilla River or McKay Reservoir water. Ad-
ditional exchange agreements with other water users may
be executed either before or after the completion of Phase
III. The exchange agreement shall incorporate water deliv-
ery scheduling optimization, conservation, water transfer,
and other technical operational measures recommended in
the feasibility study.
‘‘(b) OPERATION AND MAINTENANCE COSTS.—All ex-
change system operation and maintenance costs and any
increased operation and maintenance costs to the project
caused by the Phase III exchange shall be the responsibility
of the Federal Government and shall be nonreimbursable.
‘‘(c) POWER FOR PROJECT PUMPING.—The Adminis-
trator of the Bonneville Power Administration (hereinafter
in this subsection referred to as the ‘Administrator’), con-
sistent with provisions of the Columbia River Basin Fish
and Wildlife Program established pursuant to the Pacific
Northwest Electric Power Planning and Conservation Act
(94 Stat. 2697), shall provide for project power needed to
effect the Phase III water exchange for purposes of mitigat-
ing anadromous fishery impacts. The cost of power shall
be calculated as an offset to the Administrator’s annual
Treasury payments for operation and maintenance of the
Federal Columbia River Power System.
‘‘(d) INTEGRATION
AND COORDINATION
OF FACILI-
TIES.—Project facilities authorized by sections 215 through
219 shall be integrated and coordinated into the existing
Umatilla Basin Project.
‘‘SEC. 
216. 
UMATILLA 
BASIN 
IRRIGATION 
DISTRICTS
BOUNDARY ADJUSTMENT.
‘‘(a) IN GENERAL.—(1) Effective upon completion of
environmental reviews and approval by the Secretary, the
boundaries of the Umatilla Basin Project irrigation dis-
tricts are adjusted by operation of law as follows:
‘‘(A) Hermiston Irrigation District’s boundaries
are adjusted to include the 1,091 acres identified in
its 1993 request to the Bureau of Reclamation.
‘‘(B) Stanfield Irrigation District’s boundaries
are adjusted to include the 3,549 acres identified in
its 1993 request to the Bureau of Reclamation.
‘‘(C) West Extension Irrigation District’s bound-
aries are adjusted to include the 2,436.8 acres identi-
fied in the June 1993 Bureau of Reclamation Land
Classification Report as irrigable.
‘‘(D) Westland Irrigation District’s boundaries
are adjusted to include the 9,912 acres identified in
its 1993 request to the Bureau of Reclamation.
‘‘(2) The Secretary shall complete environmental re-
views pursuant to this subsection no later than 6 months
after the date of enactment of the Umatilla Basin Project
Completion Act and at no cost to the Umatilla Basin
Project irrigation districts.
‘‘(b) PROVISION OF MCKAY RESERVOIR WATER FOR
ENVIRONMENTAL ENHANCEMENT.—(1) After the boundary
adjustments under subsection (a), the Umatilla Basin
Project irrigation districts shall provide water for environ-
mental enhancement from McKay Reservoir to the Sec-
retary in accordance with Option A or Option B, as speci-
fied by the Secretary.
‘‘(2)(A)(i) Under Option A, the irrigation dis-
tricts shall provide storage capacity from McKay Res-
ervoir for environmental enhancement purposes each
year equal the applicable amount stated in clause
(ii), or the corresponding percentage of fill as deter-
mined by the Bureau of Reclamation, whichever is
less.
‘‘(ii) The applicable amounts referred to in
clause (i) are the following:
‘‘(I) In 1997, 6,500 acre feet.
‘‘(II) In 1998, 5,500 acre feet.
‘‘(III) In 1999, 4,500 acre feet.
‘‘(IV) In 2000, 3,500 acre feet.
‘‘(V) In 2001, 3,000 acre feet.
‘‘(VI) In 2002, 3,000 acre feet.
‘‘(B) Under Option B, the irrigation districts
shall provide storage capacity from McKay Reservoir
for environmental enhancement purposes, equal to
6,500 acre feet of water or the corresponding percent-
age of fill as determined by the Bureau of Reclama-
tion, whichever is less, in each calendar year begin-
ning in 1997 and ending in the year 2002: Provided,
That the Secretary grant $300,000 by March 1st of
each calendar year 1997 through 2002 to the
Westland Irrigation District of the Umatilla Project
for water district improvements or other uses deemed
appropriate by the District: Provided further, if the
Secretary fails to grant the $300,000 by March 1st
in any calendar year between 1997 and 2002 for pur-
poses of this subsection the District is not required
to provide any water for that calendar year.
‘‘(C) Not later than 9 months after the date of enact-
ment of the Umatilla Basin Project Completion Act, the
Secretary shall specify Option A or Option B and notify
the Umatilla Basin Project irrigation districts of that speci-
fication.
‘‘(c) 
REQUIREMENTS
FOR
RECEIVING
PROJECT
WATER.—Notwithstanding any other provision of this title,
no parcel may receive Umatilla Basin Project water unless
it has a valid State water right and is classified as irrigable
in the Bureau of Reclamation’s Land Classification Report.
‘‘(d) PROVISION OF DESCRIPTION OF BOUNDARIES.—
A legal description of the irrigation district boundaries as
adjusted under subsection (a), including land classification
and project boundary maps, shall be provided as an attach-
ment to all 4 Umatilla Basin Project irrigation districts’
existing contracts.
‘‘(2) Within 2 years after the date of enactment
of the Umatilla Basin Project Completion Act, the
Secretary shall report to the Committee on Energy
and Natural Resources of the Senate and the Commit-
tee on Resources of the House of Representatives on
the progress of—
‘‘(A) the facilities authorized by sections
215 through 219 of this title;
‘‘(B) the water management plan;
‘‘(C) the ground water/surface water model;
and
‘‘(D) the status of discussions of tribal
water claims in the Umatilla River Basin.
‘‘SEC. 218. JOINT WATER SUPPLY SYSTEM.
‘‘Effective upon the boundary adjustments under sec-
tion 216(a), the Secretary is authorized to contract with
the Tribes for the construction of a portion of an off-stream
storage reservoir of approximately 10,000 acre-feet capac-
ity, with associated works. Such authorization shall not in-
clude water treatment facilities. Such reservoir is to be lo-
cated on or adjacent to the Tribes’ reservation in Oregon:
Provided, That:
‘‘(1) The Secretary can demonstrate through ap-
propriate feasibility level planning and environ-
mental studies that the facility can be built in a
manner which conforms to all applicable Federal,
State, and Tribal laws and that the project siting and
construction minimizes any adverse effects on the
Umatilla River fishery.
‘‘(2) Diversions for storage will not reduce
Umatilla River flows below the levels necessary to re-
store and support the Umatilla River anadromous
fishery. In diverting water for storage and operation
of the reservoir, the Tribes and the city of Pendleton
(hereinafter in this section referred to as the ‘City’)
may agree to higher levels of protection of instream
flows. The reservoir shall be filled only during periods
of high flow, and in such a manner as to preserve the
ecological value of high flow events in the Umatilla
River, as determined by Federal, State, and tribal
fishery experts.
‘‘(3) The City agrees to provide up to
$16,000,000 (in addition to the $6,500,000 authorized
by section 219(4)) for the tribal share of feasibility
level planning and environmental studies and to con-
struct the reservoir and associated works provided for
by this title. Any cost overruns beyond the
$22,500,000 estimated for the reservoir and associated
works authorized by this section and section 219(4)
shall be allocated 70 percent to the City and 30 per-
cent to the Tribes, unless they mutually agree other-
wise.
‘‘(4) The City, subject to applicable Federal,
State, and tribal laws, shall use all of its water rights
to the Umatilla River and its tributaries with prior-
ity dates after January 1, 1910, including those
rights identified in Oregon Regulatory Statute
538.450, for instream flow purposes to improve the
Umatilla River anadromous fishery, provided that
adequate water from the reservoir project is available
for municipal use.
‘‘(5) The City and the Tribes will share all oper-
ation and maintenance costs on a pro rata basis, de-
termined by the amount of water in the reservoir re-
served for each government’s use, unless the City and
the Tribes mutually agree to an alternative cost allo-
cation.
‘‘(6) Title to the reservoir facility will be held
jointly in the name of the City and the United States,
in trust for the Tribes. The Secretary may negotiate
a contract transferring operation and maintenance
responsibility to either the Tribes or the City, pursu-
ant to all applicable State, Federal, and tribal law.
‘‘(7) The Secretary may direct that funds au-
thorized under this section be contracted to the Tribes,
under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
‘‘SEC. 219. AUTHORIZATION OF APPROPRIATIONS.
‘‘Effective upon the boundary adjustments under sec-
tion 216(a), there are authorized to be appropriated to the
Secretary, plus or minus such amounts as may be justified
by reason of ordinary fluctuations of applicable cost in-
dexes, the following sums, without fiscal year limitation:
‘‘(1) Not to exceed $64,000,000 for feasibility
studies, environmental studies, and construction of
the Phase III Exchange: Provided, That all costs of
Phase III planning and construction, including oper-
ation and maintenance costs allocated to the mitiga-
tion of anadromous fish species and the study author-
ized by section 215 of this Act, shall be nonreimburs-
able: Provided further, That not more than 25 percent
of the amount appropriated under this paragraph
may be expended for administrative overhead costs.
‘‘(2) Not to exceed $500,000 for tribal water
claims discussions, a water management plan, and
an integrated ground water/surface water model, as
provided for in section 217(a).
‘‘(3) Not to exceed $400,000 annually for enforce-
ment and protection of Phases I, II, and III exchange
water for instream uses.
‘‘(4) Not to exceed $6,500,000 for feasibility stud-
ies, environmental studies, and construction of the
Tribes’ portion of an off-stream storage reservoir and
associated works, as authorized in section 218 of this
title.’’.
SEC. 3. WATER RIGHTS.
In relation to the Umatilla Basin Project, nothing in
this Act shall—
(1) impair the validity of or preempt any provi-
sion of State law with respect to water or water
rights, or of any interstate compact governing water
or water rights;
(2) create a right to the diversion or use of
water, other than—
(A) as established pursuant to the sub-
stantive and procedural requirements of State
law; and
(B) as recognized under State law;
(3) impair any valid water right;
(4) establish or create any water rights for any
party; or
(5) be construed to create directly or indirectly
an express or implied Federal reserved water right for
any purpose.
SEC. 4. SENSE OF THE CONGRESS.
It is the sense and expectation of the Congress that con-
struction and operation of Phase III, the perpetual oper-
ation of the integrated Umatilla Basin Project, and the con-
struction and operation of the Joint Water Supply System,
as authorized in section 218 of the Umatilla Basin Project
Act, will fulfill obligations of the Federal Government to
provide the Confederated Tribes of the Umatilla Indian
Reservation with water for fishery purposes in the Umatilla
River below the mouth of McKay Creek, as recognized by
their 1855 treaty with the United States.