I 
114TH CONGRESS 
2D SESSION 
H. R. 4686 
To amend Public Law 103–434 to authorize Phase III of the Yakima River 
Basin Water Enhancement Project for the purposes of improving water 
management in the Yakima River basin, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2016 
Mr. REICHERT (for himself and Mr. NEWHOUSE) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To amend Public Law 103–434 to authorize Phase III of 
the Yakima River Basin Water Enhancement Project 
for the purposes of improving water management in the 
Yakima River 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 as the ‘‘Yakima River Basin 
Water Enhancement Project Phase III Act’’. 
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SEC. 2. MODIFICATION OF TERMS, PURPOSES, AND DEFINI-
TIONS. 
(a) MODIFICATION OF TERMS.—Title XII of Public 
Law 103–434 (108 Stat. 4550) is amended— 
(1) by striking ‘‘Yakama Indian’’ each place it 
appears (except section 1204(g)) and inserting 
‘‘Yakama’’; and 
(2) by striking ‘‘Superintendent’’ each place it 
appears and inserting ‘‘Manager’’. 
(b) MODIFICATION OF 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, 
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; 
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‘‘(C) improved water quality, watershed, 
and ecosystem function; 
‘‘(D) protection and enhancement of wet-
lands; 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 proratable irrigation entities’’ before 
the semicolon at the end; 
(3) by striking paragraph (4); 
(4) by redesignating paragraph (3) as para-
graph (4); 
(5) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) to authorize the Secretary to make water 
available for purchase or lease for meeting munic-
ipal, industrial, and domestic water supply pur-
poses;’’; 
(6) by redesignating paragraphs (5) and (6) as 
paragraphs (6) and (8), respectively; 
(7) by inserting after paragraph (4) (as so re-
designated) the following: 
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‘‘(5) to realize sufficient water savings from im-
plementing the Yakima River Basin Integrated 
Water Resource Management Plan, so that not less 
than 85,000 acre feet of water savings are achieved 
by implementing the first phase of the Integrated 
Plan pursuant to section 1213(a);’’; 
(8) in paragraph (6) (as so redesignated)— 
(A) by inserting ‘‘an increase in’’ before 
‘‘voluntary’’; and 
(B) by striking ‘‘and’’ at the end; 
(9) by inserting after paragraph (6) (as so re-
designated) the following: 
‘‘(7) to encourage an increase in the use of, and 
reduce the barriers to, water transfers, leasing, mar-
kets, and other voluntary transactions among public 
and private entities to enhance water management 
in the Yakima River basin;’’; 
(10) in paragraph (8) (as redesignated by para-
graph (6)), by striking the period at the end and in-
serting a semicolon; and 
(11) by adding at the end the following: 
‘‘(9) to improve the resilience of the ecosystems, 
economies, and communities in the Basin as they 
face drought, hydrologic changes, and other related 
changes and variability in natural and human sys-
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tems, for the benefit of both the people and the fish 
and wildlife of the region; and 
‘‘(10) to authorize and implement the Yakima 
River Basin Integrated Water Resource Manage-
ment Plan as Phase III of the Yakima River Basin 
Water Enhancement Project, as a balanced and 
cost-effective approach to maximize benefits to the 
communities and environment in the Basin.’’. 
(c) MODIFICATION OF DEFINITIONS.—Section 1202 
of Public Law 103–434 (108 Stat. 4550) is amended— 
(1) by redesignating paragraphs (6), (7), (8), 
(9), (10), (11), (12), (13), and (14) as paragraphs 
(8), (10), (11), (13), (14), (15), (16), (18), and 
(19), respectively; 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) DESIGNATED
FEDERAL
OFFICIAL.—The 
term ‘designated Federal official’ means the Com-
missioner of Reclamation (or a designee), acting 
pursuant to the charter of the Conservation Advisory 
Group. 
‘‘(7) INTEGRATED
PLAN.—The terms ‘Inte-
grated Plan’ and ‘Yakima River Basin Integrated 
Water Resource Plan’ mean the plan and activities 
authorized by the Yakima River Basin Enhancement 
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Project Phase III Act of 2015 and the amendments 
made by that Act, to be carried out in cooperation 
with and in addition to activities of the State of 
Washington and Yakama Nation.’’; 
(3) by inserting after paragraph (8) (as redesig-
nated by paragraph (1)) the following: 
‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC 
WATER SUPPLY AND USE.—The term ‘municipal, in-
dustrial, and domestic water supply and use’ means 
the supply and use of water for— 
‘‘(A) domestic consumption (whether urban 
or rural); 
‘‘(B) maintenance and protection of public 
health and safety; 
‘‘(C) manufacture, fabrication, processing, 
assembly, or other production of a good or com-
modity; 
‘‘(D) production of energy; 
‘‘(E) fish hatcheries; or 
‘‘(F) water conservation activities relating 
to a use described in subparagraphs (A) 
through (E).’’; 
(4) by inserting after paragraph (11) (as redes-
ignated by paragraph (1)) the following: 
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‘‘(12) PRORATABLE IRRIGATION ENTITY.—The 
term ‘proratable irrigation entity’ means a district, 
project, or State-recognized authority, board of con-
trol, agency, or entity located in the Yakima River 
basin that— 
‘‘(A) manages and delivers irrigation water 
to farms in the basin; and 
‘‘(B) possesses, or the members of which 
possess, water rights that are proratable during 
periods of water shortage.’’; and 
(5) by inserting after paragraph (16) (as redes-
ignated by paragraph (1)) the following: 
‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAK-
IMA
RIVER
BASIN
WATER
ENHANCEMENT 
PROJECT.—The 
terms 
‘Yakima 
Enhancement 
Project’ and ‘Yakima River Basin Water Enhance-
ment Project’ mean the Yakima River basin water 
enhancement project authorized by Congress pursu-
ant to this Act and other Acts (including Public Law 
96–162 (93 Stat. 1241), section 109 of Public Law 
98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub-
lic Law 105–62 (111 Stat. 1320), and Public Law 
106–372 (114 Stat. 1425)) to promote water con-
servation, water supply, habitat, and stream en-
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hancement improvements in the Yakima River 
basin.’’. 
SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PRO-
GRAM. 
Section 1203 of Public Law 103–434 (108 Stat. 
4551) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in the second sentence, by striking 
‘‘title’’ and inserting ‘‘section’’; and 
(ii) in the third sentence, by striking 
‘‘within 5 years of the date of enactment 
of this Act’’; and 
(B) in paragraph (2), by striking ‘‘irriga-
tion’’ and inserting ‘‘the number of irrigated 
acres’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) in each of subparagraphs (A) 
through (D), by striking the comma at the 
end and inserting a semicolon; 
(ii) in subparagraph (E), by striking 
the comma at the end and inserting ‘‘; 
and’’; 
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‘‘(A) arrange and provide logistical support 
for meetings of the Conservation Advisory 
Group; 
‘‘(B) use a facilitator to serve as a moder-
ator for meetings of the Conservation Advisory 
Group or provide additional logistical support; 
and 
‘‘(C) grant any request for a facilitator by 
any member of the Conservation Advisory 
Group.’’; 
(3) in subsection (d), by adding at the end the 
following: 
‘‘(4) USE OF CONSERVED WATER.—The Yak-
ima Project Manager may use water resulting from 
conservation measures taken under this title, in ad-
dition to water that the Bureau of Reclamation may 
acquire from any willing seller through purchase, do-
nation, or lease, for water management uses pursu-
ant to this title.’’; 
(4) in subsection (e), by striking the first sen-
tence and inserting the following: ‘‘To participate in 
the Basin Conservation Program, as described in 
subsection (b), an entity shall submit to the Sec-
retary a proposed water conservation plan.’’; 
(5) in subsection (i)(3)— 
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(A) by striking ‘‘purchase or lease’’ each 
place it appears and inserting ‘‘purchase, lease, 
or management’’; and 
(B) in the third sentence, by striking 
‘‘made immediately upon availability’’ and all 
that follows through ‘‘Committee’’ and inserting 
‘‘continued as needed to provide water to be 
used by the Yakima Project Manager as rec-
ommended by the System Operations Advisory 
Committee and the Conservation Advisory 
Group’’; and 
(6) in subsection (j)(4), in the first sentence, by 
striking ‘‘initial acquisition’’ and all that follows 
through ‘‘flushing flows’’ and inserting ‘‘acquisition 
of water from willing sellers or lessors specifically to 
provide improved instream flows for anadromous 
and resident fish and other aquatic life, including 
pulse flows to facilitate outward migration of anad-
romous fish’’. 
SEC. 4. YAKIMA BASIN WATER PROJECTS, OPERATIONS, 
AND AUTHORIZATIONS. 
(a) YAKAMA NATION PROJECTS.—Section 1204 of 
Public Law 103–434 (108 Stat. 4555) is amended, in sub-
section (g)— 
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(1) by striking the subsection heading and in-
serting ‘‘REDESIGNATION OF YAKAMA INDIAN NA-
TION TO YAKAMA NATION.—’’; and 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) 
REDESIGNATION.—The 
Confederated 
Tribes and Bands of the Yakama Indian Nation 
shall be known and designated as the ‘Confederated 
Tribes and Bands of the Yakama Nation’.’’. 
(A) in paragraph (2), by striking ‘‘deemed 
to be a reference to the ‘Confederated Tribes 
and Bands of the Yakama Indian Nation’.’’ and 
inserting ‘‘deemed to be a reference to the 
‘Confederated Tribes and Bands of the Yakama 
Nation’.’’. 
(b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec-
tion 1205 of Public Law 103–434 (108 Stat. 4557) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) in clause (i)— 
(aa) 
by 
inserting 
‘‘addi-
tional’’ after ‘‘secure’’; 
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(bb) by striking ‘‘flushing’’ 
and inserting ‘‘pulse’’; and 
(cc) by striking ‘‘uses’’ and 
inserting ‘‘uses, in addition to the 
quantity of water provided under 
the treaty between the Yakama 
Nation and the United States’’; 
(II) by striking clause (ii); 
(III) by redesignating clause (iii) 
as clause (ii); and 
(IV) in clause (ii) (as so redesig-
nated) by inserting ‘‘and water rights 
mandated’’ after ‘‘goals’’; and 
(ii) in subparagraph (B)(i), in the 
first sentence, by inserting ‘‘in proportion 
to the funding received’’ after ‘‘Program’’; 
(2) in subsection (b) (as amended by section 
2(a)(1)(B)), in the second sentence, by striking 
‘‘instream flows for use by the Yakima Project Man-
ager as flushing flows or as otherwise’’ and inserting 
‘‘fishery purposes, as’’; and 
(3) in subsection (e), by striking paragraph (1) 
and inserting the following: 
‘‘(1) IN GENERAL.—Additional purposes of the 
Yakima Project shall be any of the following: 
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‘‘(A) To recover and maintain self-sus-
taining harvestable populations of native fish, 
both anadromous and resident species, in the 
Yakima Basin. 
‘‘(B) To protect, mitigate, and enhance 
aquatic life and wildlife. 
‘‘(C) Recreation. 
‘‘(D) Municipal, industrial, and domestic 
use.’’. 
(c) LAKE CLE ELUM AUTHORIZATION OF APPRO-
PRIATIONS.—Section 1206(a)(1) of Public Law 103–434 
(108 Stat. 4560), is amended, in the matter preceding 
subparagraph (A), by striking ‘‘at September’’ and all that 
follows through ‘‘to—’’. 
(d) ENHANCEMENT OF WATER SUPPLIES FOR YAK-
IMA BASIN TRIBUTARIES.—Section 1207 of Public Law 
103–434 (108 Stat. 4560) is amended— 
(1) in the heading, by striking ‘‘SUPPLIES’’ 
and inserting ‘‘MANAGEMENT’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘supplies’’ and inserting ‘‘manage-
ment’’; 
(B) in paragraph (1), by inserting ‘‘and 
water supply entities’’ after ‘‘owners’’; and 
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(C) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘that choose not to participate or opt out 
of tributary enhancement projects pursu-
ant to this section’’ after ‘‘water right own-
ers’’; and 
(ii) in subparagraph (B), by inserting 
‘‘nonparticipating’’ before ‘‘tributary water 
users’’; 
(3) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking the paragraph designa-
tion and all that follows through ‘‘(but not 
limited to)—’’ and inserting the following: 
‘‘(1) IN
GENERAL.—The Secretary, following 
consultation with the State of Washington, tributary 
water right owners, and the Yakama Nation, and on 
agreement of appropriate water right owners, is au-
thorized to conduct studies to evaluate measures to 
further Yakima Project purposes on tributaries to 
the Yakima River. Enhancement programs that use 
measures authorized by this subsection may be in-
vestigated and implemented by the Secretary in trib-
utaries to the Yakima River, including Taneum 
Creek, other areas, or tributary basins that currently 
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or could potentially be provided supplemental or 
transfer water by entities, such as the Kittitas Rec-
lamation District or the Yakima-Tieton Irrigation 
District, subject to the condition that activities may 
commence on completion of applicable and required 
feasibility studies, environmental reviews, and cost- 
benefit analyses that include favorable recommenda-
tions for further project development, as appro-
priate. Measures to evaluate include—’’; 
(ii) by indenting subparagraphs (A) 
through (F) appropriately; 
(iii) in subparagraph (A), by inserting 
before the semicolon at the end the fol-
lowing: ‘‘, including irrigation efficiency 
improvements (in coordination with pro-
grams of the Department of Agriculture), 
consolidation of diversions or administra-
tion, and diversion scheduling or coordina-
tion’’; 
(iv) by redesignating subparagraphs 
(C) through (F) as subparagraphs (E) 
through (H), respectively; 
(v) by inserting after subparagraph 
(B) the following: 
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‘‘(C) improvements in irrigation system 
management or delivery facilities within the 
Yakima River basin when those improvements 
allow for increased irrigation system conveyance 
and corresponding reduction in diversion from 
tributaries or flow enhancements to tributaries 
through direct flow supplementation or ground-
water recharge; 
‘‘(D) improvements of irrigation system 
management or delivery facilities to reduce or 
eliminate excessively high flows caused by the 
use of natural streams for conveyance or irriga-
tion water or return water;’’; 
(vi) in subparagraph (E) (as redesig-
nated by clause (iv)), by striking ‘‘ground 
water’’ and inserting ‘‘groundwater re-
charge and’’; 
(vii) in subparagraph (G) (as redesig-
nated by clause (iv)), by inserting ‘‘or 
transfer’’ after ‘‘purchase’’; and 
(viii) in subparagraph (H) (as redesig-
nated by clause (iv)), by inserting ‘‘stream 
processes and’’ before ‘‘stream habitats’’; 
(B) in paragraph (2)— 
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(i) in the matter preceding subpara-
graph (A), by striking ‘‘the Taneum Creek 
study’’ and inserting ‘‘studies under this 
subsection’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘and economic’’ 
and inserting ‘‘, infrastructure, eco-
nomic, and land use’’; and 
(II) by striking ‘‘and’’ at the end; 
(iii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(D) any related studies already underway 
or undertaken.’’; and 
(C) in paragraph (3), in the first sentence, 
by inserting ‘‘of each tributary or group of trib-
utaries’’ after ‘‘study’’; 
(4) in subsection (c)— 
(A) in the heading, by inserting ‘‘AND 
NONSURFACE STORAGE’’ after ‘‘NONSTOR-
AGE’’; and 
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(B) in the matter preceding paragraph (1), 
by inserting ‘‘and nonsurface storage’’ after 
‘‘nonstorage’’; 
(5) by striking subsection (d); 
(6) by redesignating subsection (e) as sub-
section (d); and 
(7) in paragraph (2) of subsection (d) (as so re-
designated)— 
(A) in the first sentence— 
(i) by inserting ‘‘and implementation’’ 
after ‘‘investigation’’; 
(ii) by striking ‘‘other’’ before ‘‘Yak-
ima River’’; and 
(iii) by inserting ‘‘and other water 
supply entities’’ after ‘‘owners’’; and 
(B) by striking the second sentence. 
(e) CHANDLER PUMPING PLANT AND POWERPLANT- 
OPERATIONS
AT PROSSER DIVERSION DAM.—Section 
1208(d) of Public Law 103–434 (108 Stat. 4562; 114 
Stat. 1425) is amended by inserting ‘‘negatively’’ before 
‘‘affected’’. 
SEC. 5. AUTHORIZATION OF PHASE III OF YAKIMA RIVER 
BASIN WATER ENHANCEMENT PROJECT. 
Title XII of Public Law 103–434 (108 Stat. 4550) 
is amended by adding at the end the following: 
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‘‘SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS 
PHASE III OF YAKIMA RIVER BASIN WATER 
ENHANCEMENT PROJECT. 
‘‘(a) INTEGRATED PLAN.— 
‘‘(1) IN GENERAL.—The Secretary shall imple-
ment the Integrated Plan as Phase III of the Yak-
ima River Basin Water Enhancement Project in ac-
cordance with this section and applicable laws. 
‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN-
TEGRATED PLAN.— 
‘‘(A) IN GENERAL.—The Secretary, in co-
ordination with the State of Washington and 
Yakama Nation and subject to feasibility stud-
ies, environmental reviews, and the availability 
of appropriations, shall implement an initial de-
velopment phase of the Integrated Plan, to— 
‘‘(i) complete the planning, design, 
and construction or development of up-
stream and downstream fish passage facili-
ties, as previously authorized by the Hoo-
ver Power Plant Act of 1984 (43 U.S.C. 
619 et seq.) at Cle Elum Reservoir and an-
other Yakima Project reservoir identified 
by the Secretary as consistent with the In-
tegrated Plan, subject to the condition 
that, if the Yakima Project reservoir iden-
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tified by the Secretary contains a hydro-
power project licensed by the Federal En-
ergy Regulatory Commission, the Secretary 
shall cooperate with the Federal Energy 
Regulatory Commission in a timely manner 
to ensure that actions taken by the Sec-
retary are consistent with the applicable 
hydropower project license; 
‘‘(ii) negotiate long-term agreements 
with participating proratable irrigation en-
tities in the Yakima Basin and, acting 
through the Bureau of Reclamation, co-
ordinate between Bureaus of the Depart-
ment of the Interior and with the heads of 
other Federal agencies to negotiate agree-
ments concerning leases, easements, and 
rights-of-way on Federal land, and other 
terms and conditions determined to be nec-
essary to allow for the non-Federal financ-
ing, construction, operation, and mainte-
nance of— 
‘‘(I) new facilities needed to ac-
cess and deliver inactive storage in 
Lake Kachess for the purpose of pro-
viding drought relief for irrigation 
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tegrated Plan, as applied to all elements of 
the Integrated Plan; 
‘‘(ii) assess, through performance 
metrics developed at the initiation of, and 
measured throughout the implementation 
of, the Integrated Plan, the degree to 
which the implementation of the initial de-
velopment phase addresses the objectives 
and all elements of the Integrated Plan; 
‘‘(iii) identify the amount of Federal 
funding and non-Federal contributions re-
ceived and expended during the period cov-
ered by the report; 
‘‘(iv) describe the pace of project de-
velopment during the period covered by the 
report; 
‘‘(v) identify additional projects and 
activities proposed for inclusion in any fu-
ture phase of the Integrated Plan to ad-
dress the objectives of the Integrated Plan, 
as applied to all elements of the Integrated 
Plan; and 
‘‘(vi) for water supply projects— 
‘‘(I) provide a preliminary discus-
sion of the means by which— 
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