IB 
Union Calendar No. 376 
109TH CONGRESS 
2D SESSION 
H. R. 5079 
[Report No. 109–636] 
To provide for the modification of an amendatory repayment contract between 
the Secretary of the Interior and the North Unit Irrigation District, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2006 
Mr. WALDEN of Oregon introduced the following bill; which was referred to 
the Committee on Resources 
SEPTEMBER 6, 2006 
Reported with amendments, 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 4, 2006] 
A BILL 
To provide for the modification of an amendatory repayment 
contract between the Secretary of the Interior and the 
North Unit Irrigation District, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Oregon Water Resources 
Management Act of 2006’’. 
SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF REC-
LAMATION IN DESCHUTES RIVER CONSER-
VANCY. 
Section 301 of the Oregon Resource Conservation Act 
of 1996 (division B of Public Law 104–208; 110 Stat. 
3009–534) is amended— 
(1) in subsection (a)(1), by striking ‘‘Deschutes 
River 
Basin 
Working 
Group’’ 
and 
inserting 
‘‘Deschutes River Conservancy Working Group’’; 
(2) by amending the text of subsection (a)(1)(B) 
to read as follows: ‘‘4 representatives of private inter-
ests including two from irrigated agriculture who ac-
tively farm more than 100 acres of irrigated land and 
are not irrigation district managers and two from the 
environmental community;’’; 
(3) in subsection (b)(3), by inserting before the 
final period the following: ‘‘, and up to a total 
amount of $2,000,000 during each of fiscal years 
2006 through 2015’’; and 
(4) in subsection (h), by inserting before the pe-
riod at the end the following: ‘‘, and $2,000,000 for 
each of fiscal years 2006 through 2015’’. 
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SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ASSOCIATED
DITCH
COMPANIES, 
INCOR-
PORATED.—The term ‘‘Associated Ditch Companies, 
Incorporated’’ means the nonprofit corporation estab-
lished under the laws of the State of Oregon that oper-
ates Wallowa Lake Dam. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Com-
missioner of Reclamation. 
(3) WALLOWA LAKE DAM REHABILITATION PRO-
GRAM.—The term ‘‘Wallowa Lake Dam Rehabilita-
tion Program’’ means the program for the rehabilita-
tion of the Wallowa Lake Dam in Oregon, as con-
tained in the engineering document titled, ‘‘Phase I 
Dam Assessment and Preliminary Engineering De-
sign’’, dated December 2002, and on file with the Bu-
reau of Reclamation. 
(b) AUTHORIZATION TO PARTICIPATE IN PROGRAM.— 
(1) GRANTS AND COOPERATIVE AGREEMENTS.— 
The Secretary may provide grants to, or enter into 
cooperative or other agreements with, tribal, State, 
and local governmental entities and the Associated 
Ditch Companies, Incorporated, to plan, design, and 
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construct facilities needed to implement the Wallowa 
Lake Dam Rehabilitation Program. 
(2) CONDITIONS.—As a condition of providing 
funds under paragraph (1), the Secretary shall ensure 
that— 
(A) the Wallowa Lake Dam Rehabilitation 
Program and activities under this section meet 
the standards of the dam safety program of the 
State of Oregon; 
(B) the Associated Ditch Companies, Incor-
porated, agrees to assume liability for any work 
performed, or supervised, with Federal funds 
provided to it under this section; and 
(C) the United States shall not be liable for 
damages of any kind arising out of any act, 
omission, or occurrence relating to a facility re-
habilitated or constructed with Federal funds 
provided under this section, both while and after 
activities are conducted using Federal funds pro-
vided under this section. 
(3) COST SHARING.— 
(A) IN GENERAL.—The Federal share of the 
costs of activities authorized under this section 
shall not exceed 50 percent. 
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(B) EXCLUSIONS FROM FEDERAL SHARE.— 
There shall not be credited against the Federal 
share of such costs— 
(i) any expenditure by the Bonneville 
Power Administration in the Wallowa 
River watershed; and 
(ii) expenditures made by individual 
agricultural producers in any Federal com-
modity or conservation program. 
(4) COMPLIANCE WITH STATE LAW.—The Sec-
retary, in carrying out this section, shall comply with 
applicable Oregon State water law. 
(5) PROHIBITION ON HOLDING TITLE.—The Fed-
eral Government shall not hold title to any facility re-
habilitated or constructed under this section. 
(6) PROHIBITION ON OPERATION AND MAINTE-
NANCE.—The Federal Government shall not be re-
sponsible for the operation and maintenance of any 
facility constructed or rehabilitated under this sec-
tion. 
(c) RELATIONSHIP TO OTHER LAW.—Activities funded 
under this section shall not be considered a supplemental 
or additional benefit under Federal reclamation law (the 
Act of June 17, 1902 (32 Stat. 388, chapter 1093), and 
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Acts supplemental to and amendatory of that Act (43 
U.S.C. 371 et seq.)). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to pay the 
Federal share of the costs of activities authorized under this 
section, $6,000,000. 
(e) SUNSET.—The authority of the Secretary to carry 
out any provisions of this section shall terminate 10 years 
after the date of the enactment of this section. 
SEC. 4. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, 
WATER RESOURCE STUDY. 
(a) AUTHORIZATION.—The Secretary of the Interior, 
acting through the Bureau of Reclamation, may participate 
in the Water for Irrigation, Streams and the Economy 
Project water management feasibility study and environ-
mental impact statement in accordance with the ‘‘Memo-
randum of Agreement Between City of Medford and Bureau 
of Reclamation for the Water for Irrigation, Streams, and 
the Economy Project’’, dated July 2, 2004. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Bureau of Reclamation $500,000 to 
carry out activities under this section. 
(2) NON-FEDERAL SHARE.— 
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(A) IN GENERAL.—The non-Federal share 
shall be 50 percent of the total costs of the Bu-
reau of Reclamation in carrying out subsection 
(a). 
(B) FORM.—The non-Federal share required 
under subparagraph (A) may be in the form of 
any in-kind services that the Secretary of the In-
terior determines would contribute substantially 
toward the conduct and completion of the study 
and environmental impact statement required 
under subsection (a). 
(c) SUNSET.—The authority of the Secretary to carry 
out any provisions of this section shall terminate 10 years 
after the date of the enactment of this section. 
SEC. 5. NORTH UNIT IRRIGATION DISTRICT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘North Unit Irrigation District Act of 2006’’. 
(b) AMENDMENT.—The Act of August 10, 1954 (68 
Stat. 679, chapter 663), is amended— 
(1) in the first section— 
(A) by inserting ‘‘(referred to in this Act as 
the ‘District’)’’ after ‘‘irrigation district’’; and 
(B) by inserting ‘‘(referred to in this Act as 
the ‘Contract’)’’ after ‘‘1953’’; and 
(2) by adding at the end the following: 
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‘‘SEC. 3. ADDITIONAL TERMS. 
‘‘On approval of the District directors and notwith-
standing project authorizing legislation to the contrary, the 
Contract is modified, without further action by the Sec-
retary of the Interior, to include the following modifica-
tions: 
‘‘(1) In Article 8(a) of the Contract, by deleting 
‘a maximum of 50,000’ and inserting ‘approximately 
59,000’ after ‘irrigation service to’. 
‘‘(2) In Article 11(a) of the Contract, by deleting 
‘The classified irrigable lands within the project com-
prise 49,817.75 irrigable acres, of which 35,773.75 
acres are in Class A and 14,044.40 in Class B. These 
lands and the standards upon which the classification 
was made are described in the document entitled 
‘‘Land Classification, North Unit, Deschutes Project, 
1953’’ which is on file in the office of the Regional 
Director, Bureau of Reclamation, Boise, Idaho, and 
in the office of the District’ and inserting ‘The classi-
fied irrigable land within the project comprises 
58,902.8 irrigable acres, all of which are authorized 
to receive irrigation water pursuant to water rights 
issued by the State of Oregon and have in the past 
received water pursuant to such State water rights.’. 
‘‘(3) In Article 11(c) of the Contract, by deleting 
‘, with the approval of the Secretary,’ after ‘District 
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may’, by deleting ‘the 49,817.75 acre maximum limit 
on the irrigable area is not exceeded’ and inserting 
‘irrigation service is provided to no more than ap-
proximately 59,000 acres and no amendment to the 
District boundary is required’ after ‘time so long as’. 
‘‘(4) In Article 11(d) of the Contract, by insert-
ing ‘, and may further be used for instream purposes, 
including fish or wildlife purposes, to the extent that 
such use is required by Oregon State law in order for 
the District to engage in, or take advantage of, con-
served water projects as authorized by Oregon State 
law’ after ‘herein provided’. 
‘‘(5) By adding at the end of Article 12(d) the 
following: ‘(e) Notwithstanding the above subsections 
of this Article or Article 13 below, beginning with the 
irrigation season immediately following the date of 
enactment of the North Unit Irrigation District Act 
of 2006, the annual installment for each year, for the 
District, under the Contract, on account of the Dis-
trict’s construction charge obligation, shall be a fixed 
and equal annual amount payable on June 30 the 
year following the year for which it is applicable, 
such that the District’s total construction charge obli-
gation shall be completely paid by June 30, 2044.’. 
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‘‘(6) In Article 14(a) of the Contract, by insert-
ing ‘and for instream purposes, including fish or 
wildlife purposes, to the extent that such use is re-
quired by Oregon State law in order for the District 
to engage in, or take advantage of, conserved water 
projects as authorized by Oregon State law,’ after 
‘and incidental stock and domestic uses’, by inserting 
‘and for instream purposes as described above,’ after 
‘irrigation, stock and domestic uses’, and by inserting 
‘, including natural flow rights out of the Crooked 
River held by the District’ after ‘irrigation system’. 
‘‘(7) In Article 29(a) of the Contract, by insert-
ing ‘and for instream purposes, including fish or 
wildlife purposes, to the extent that such use is re-
quired by Oregon State law in order for the District 
to engage in, or take advantage of, conserved water 
projects as authorized by Oregon State law’ after 
‘provided in article 11’. 
‘‘(8) In Article 34 of the Contract, by deleting 
‘The District, after the election and upon the execu-
tion of this contract, shall promptly secure final de-
cree of the proper State court approving and con-
firming this contract and decreeing and adjudging it 
to be a lawful, valid, and binding general obligation 
of the District. The District shall furnish to the 
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United States certified copies of such decrees and of 
all pertinent supporting records.’ after ‘for that pur-
pose.’. 
‘‘SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE. 
‘‘The Secretary of the Interior (acting through the 
Commissioner of Reclamation) may in the future renego-
tiate with the District such terms of the Contract as the 
District directors determine to be necessary, only upon the 
written request of the District directors and the consent of 
the Commissioner of Reclamation.’’. 
Amend the title so as to read: ‘‘A bill to update the 
management of Oregon water resources, and for other 
purposes.’’. 
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