I
103D CONGRESS
1ST SESSION
H. R. 1690
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
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 basin water con-
servation 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 encourage voluntary transactions among
public and private entities which result in the imple-
mentation of water conservation measures, practices,
and facilities; and
(5) to provide for the implementation by the
Yakima Indian Nation at its sole discretion of (A)
an irrigation demonstration project on the Yakima
Indian 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:
(A) two representatives of the Yakima River
basin irrigators,
(B) one representative of the Yakima Indian
Nation,
(C) one representative of counties and cities in
the Yakima River basin, and
(D) one representative of environmental inter-
ests.
(3) The Conservation Advisory Group shall—
(A) provide recommendations to the Secretary
regarding the structure and implementation of the
Basin Conservation Program,
(B) assist in the preparation of guidelines for
the Basin Conservation Program, as provided for in
subsection (d),
(C) structure a process to integrate specific
water conservation measures into a basin conserva-
tion plan,
(D) provide annual review of the implementa-
tion of the guidelines, and
(E) provide recommendations consistent with
State statutes on rules, regulations, and administra-
tion of a process to facilitate the voluntary sale or
lease of water.
The Conservation Advisory Group shall be nonvoting,
seeking consensus whenever possible. If disagreement oc-
curs, any member may submit independent comments to
the Secretary. The Conservation Advisory Group shall ter-
minate 5 years after the date of its establishment unless
extended by the Secretary.
(d) GUIDELINES.—The Secretary, in cooperation
with the State of Washington, the Yakima Indian Nation,
Yakima River basin irrigators, and interested agencies,
shall, within 12 months after the Conservation Advisory
Group is appointed, adopt guidelines to be used in the ad-
ministration of the Basin Conservation Program. The Sec-
retary shall establish the guidelines in consultation with
the Conservation Advisory Group. The Secretary shall
submit a detailed report to the Committee on Energy and
Natural Resources of the Senate, the Committee on Inte-
rior and Insular Affairs of the House of Representatives,
and the Governor of the State of Washington on the guide-
lines. At least 60 days prior to the submission of the re-
port on guidelines, the Secretary shall make a draft of
such report available to the State of Washington, the Yak-
ima Indian Nation, Yakima River basin irrigators, related
agencies, and the public, and establish procedures for
timely comments thereon. The Secretary shall include a
summary of such comments as an appendix to such report.
The guidelines shall to the extent possible be consistent
with State funding processes, regulations, and guidelines
and shall contain, at a minimum, the following:
(1) Standards for the scope and content of
water conservation plans and for feasibility studies
of specific measures.
(2) Eligibility requirements for funding of pro-
posals for conservation plan development, investiga-
tion of measures, and implementation.
(3) Criteria for evaluating and prioritizing pro-
posals for development of conservation plans and
investigation of potential measures and implementa-
tion, including—
(A) the availability of information on water
diversions and use in the area for which the
measures are proposed;
(B) information to be gained and applica-
bility to other areas and programs in the Yak-
ima basin;
(C) cost-effectiveness and availability of
non-Federal funding;
(D) the amount of reduced diversions and
timing in relation to present diversions;
(E) the extent to which each measure will
contribute to the improved use of the available
water and the reliability of the water supply of
the Yakima River basin;
(F) post implementation monitoring and
evaluation;
(G) a plan to mitigate adverse environ-
mental effects;
(H) the extent to which proposed measures
incorporate the testing of innovative water man-
agement techniques and technology;
(I) the extent to which proposed measures
contribute to the maintenance of the economic
viability of agriculture;
(J) consistency with applicable laws and
Federal, State, tribal, and Yakima River basin
water resource policies, goals, and objectives;
(K) the existence of or willingness of irri-
gation entities and other Basin Conservation
Program participants to adopt procedures pro-
viding for incremental water pricing; and
(L) willingness to permanently restrict an-
nual water diversions to a mutually agreed
quantity in recognition of securing funding
from and accomplishments of the Basin Con-
servation Program.
(4) Institutional and economic incentives to in-
crease conservation and to promote more efficient
use of water, which shall include the specification of
procedures for the voluntary transfer of water within
the Yakima River basin.
(5) Procedures for administration and alloca-
tion of funds from the Basin Conservation Program.
(6) Oversight of the Basin Conservation Pro-
gram and consultation requirements.
(e) COST SHARING.—(1) 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
35%
30%
35%
(2) Water and water related resource improvements
implemented in the Yakima River basin subsequent to and
independent of this Act which utilize funding from the
Bonneville Power Administration under the Pacific North-
west Electric Power Planning and Conservation Act of
1980 (94 Stat. 2697) to enhance fishery resources, and
independent water related improvements of the State of
Washington and other public and private entities to im-
prove irrigation water use, water supply, and water qual-
ity, shall be treated as non-Federal cost share expendi-
tures under this Act for purposes of the implementation
and post-implementation monitoring and evaluation
phases of the Basin Conservation Program. Such expendi-
tures shall be limited to 50 percent of the non-Federal
portion of the total costs incurred in the implementation
and post-implementation monitoring and evaluation
phases of the Basin Conservation Program, and such ex-
penditures shall reduce the total amount of the non-Fed-
eral cost share required for such phases.
(3) Costs of the Basin Conservation Program related
to projects on the Yakima Indian Reservation are a Fed-
eral responsibility and shall be nonreimbursable and not
subject to the cost-sharing provisions of this subsection.
(f) PUBLIC REVIEW.—Water conservation plans rec-
ommended for funding through the Basin Conservation
Program shall be made available to the public for a period
of at least 30 days for review and comment prior to sub-
mission to the Secretary. A summary of such comments
shall be included with the recommendation of the Con-
servation Advisory Group upon transmittal to the Sec-
retary.
(g) CONSERVATION MEASURES.—(1) Measures con-
sidered for implementation in the Basin Conservation Pro-
gram may include, among others, conveyance and distribu-
tion system monitoring, automation of water conveyance
systems, lining and piping of water conveyance and dis-
tribution systems, on-district storage, electrification of hy-
draulic turbines, tail-water recycling, consolidation of irri-
gation 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 Conservation Program to mitigate for ad-
verse impacts 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
maximum extent possible under Federal and State law,
cooperate with the State of Washington to facilitate water
and water right transfers, water banking, dry year op-
tions, the sale and leasing of water, and other innovative
allocation tools used to maximize the utility of existing
Yakima River basin water supplies.
(3) The Secretary may, consistent with applicable
law, use funds appropriated to carry out this section for
the purchase or lease of land, water, or water rights from
any entity or individual willing to limit or forego water
use on a temporary or permanent basis.
(4) On-farm water management improvements shall
be coordinated with programs administered by the Sec-
retary of Agriculture and State conservation districts.
(h) 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 ap-
plicable cost indexes, the following amounts for the Basin
Conservation Program:
(1) $1,000,000 for the development of water
conservation plans.
(2) $4,000,000 for investigation of specific po-
tential water conservation measures identified in
conservation plans for consideration for implement-
ing through the Basin Conservation Program.
(3) Up to $67,500,000 for implementation,
post-implementation monitoring and evaluation of
measures, and addressing environmental impacts.
(4) Up to $6,000,000 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.
Such funds shall not be subject to the cost sharing
provisions of subsection (e).
(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, typ-
ing, printing and mailing, and associated adminis-
trative needs. The Secretary and the State of Wash-
ington shall provide appropriate staff support to the
Conservation Advisory Group.
SEC. 4. YAKIMA INDIAN NATION.
(a) WAPATO IRRIGATION PROJECT IMPROVEMENTS
AND APPROPRIATIONS.—(1) The Yakima Indian Nation’s
proposed system improvements to the Wapato Irrigation
Project pursuant to this Act shall be coordinated with the
Bureau of Indian Affairs.
(2) There is authorized to be appropriated to the Sec-
retary not more than $10,000,000 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 im-
plementation of system improvements to the Wapato Irri-
gation Project. Funding for further improvements within
the Wapato Irrigation Project may be acquired under the
Basin Conservation Program or other sources identified
by the Yakima Indian Nation.
(3) Water savings resulting from irrigation system
improvements shall be available for the use of the Yakima
Indian Nation for irrigation and other purposes on the
reservation and for protection and enhancement of fish
and wildlife within the Yakima River basin. The convey-
ance of such water through irrigation facilities other than
the Wapato Irrigation Project shall be on a voluntary
basis.
(b) IRRIGATION DEMONSTRATION PROJECT APPRO-
PRIATIONS.—(1) There is hereby authorized to be appro-
priated 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,
$8,500,000 for the design and construction of the Yakima
Indian Reservation Irrigation Demonstration Project.
There is also authorized to be appropriated to the Sec-
retary such sums as may be necessary for the operation
and maintenance of the Irrigation Demonstration Project
including funds for administration, training, equipment,
materials, and supplies for the period specified by the
Secretary. Funds may not be made available under this
subsection until the Yakima Indian Nation obtains the
concurrence of the Secretary in the construction, manage-
ment, and administrative aspects of the Irrigation Dem-
onstration Project.
(2) The Irrigation Demonstration Project shall pro-
vide for the construction of distribution and on-farm irri-
gation facilities to use water savings 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 Yakima Indian Nation of
measures to develop a Toppenish Creek corridor enhance-
ment 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 Sec-
retary 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 con-
sultation with the Yakima Indian Nation, shall report to
the Committee on Energy and Natural Resources of the
Senate, the Committee on Interior and Insular Affairs of
the House of Representatives, and the Governor of the
State of Washington on the effectiveness of the conserva-
tion, training, mitigation, and other measures imple-
mented.
(e) STATUS OF IMPROVEMENTS AND FACILITIES.—
The Wapato Irrigation Project system improvements and
any specific irrigation facility of the Irrigation Demonstra-
tion Project 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.
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 streamflow conditions in the Yakima River
basin. Commencing with the enactment of this Act, and
notwithstanding that anticipated water savings are yet to
be realized, the Secretary shall, through the Yakima
Project Superintendent, (A) continue to estimate the
water supply which is anticipated to be available to meet
water entitlements; and (B) provide instream flows in ac-
cordance 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
The figures in the water supply columns shall hereafter
in this section be referred to as ‘‘full supply’’.
(2) The instream flows represent target flows at the
respective points. Reasonable fluctuations from these tar-
get flows are anticipated in the operation of the Yakima
Project.
(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 pe-
riods shall be obtained through voluntary sale and leasing
of water or water rights.
(4) The Secretary, in cooperation with the State of
Washington, the Yakima Indian Nation, and Yakima
River basin irrigators, shall not less than every fifth year
after the completion of the first measure of the Basin Con-
servation Program, review the components which comprise
the full supply. If the actual supply reflects an increase
in relation to the quantity required to meet irrigation
water entitlements and a reduction in water diversions
which is attributed to the Basin Conservation Program,
the full supply figures shown in the criteria tabulation may
be adjusted downward as mutually determined and the
Yakima Project shall be operated by the Yakima Project
Superintendent in accordance with such adjusted criteria.
Water savings resulting from improvements to the Wapato
Irrigation Project shall be available for use of the Yakima
Indian Nation for irrigation and other purposes on the
reservation and for protection and enhancement of fish
and wildlife within the Yakima River Basin.
(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.
(b) WATER FROM LAKE CLE ELUM.—Water accru-
ing from the development of additional storage capacity
at Lake Cle Elum, made available pursuant to the modi-
fications authorized in section 6(a), shall be considered a
part of the basin’s water supply as provided in subsection
(a)(1). 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
administrative 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
operation 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 en-
tity. As appropriate, the Secretary shall incorporate the
operation and maintenance of such facilities into existing
agreements. 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
pursuant to State and Federal law.
(d) WATER ACQUIRED BY PURCHASE AND LEASE.—
Water acquired from voluntary sellers and lessors shall be
administered in accordance with the laws of the State of
Washington, including Chapter 90.38 Revised Code of
Washington.
(e) APPROPRIATION FOR CHANDLER POWER CANAL
OPERATIONS.—There is hereby authorized to be appro-
priated to the Secretary $480,000 at September 1990
prices, plus or minus such amounts as may be justified
by reason of ordinary fluctuations of applicable cost in-
dexes, for facilities to automate the headgate, wasteways,
and trashrack of the Chandler Power Canal to maintain
operating controls for the delivery of water to the
Kennewick Division as the provisions of subsection (a) are
implemented.
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 facili-
ties at Cle Elum Dam, plus
(2) such additional amounts as may be nec-
essary 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
applicable to the investigation and implementation of
measures to enhance water supplies for fish and wildlife
and irrigation purposes on tributaries of the Yakima River
basin:
(1) An enhancement program undertaken in
any tributary shall be contingent upon the agree-
ment of appropriate water right owners to partici-
pate.
(2) The enhancement program shall not impair
(A) the water rights of any water right owners in
the tributary; (B) the capability of tributary water
users to divert, convey, and apply water; and (C) ex-
isting water and land uses within the tributary area.
(3) The water supply for tributary enhancement
shall be administered in accordance with the laws of
the State of Washington.
(4) Any enhancement program shall be predi-
cated upon the availability of a dependable water
supply.
(b) STUDY.—(1) The Secretary, following consulta-
tion with the State of Washington, the tributary water
right owners, and the Yakima Indian Nation, and agree-
ment of appropriate water right owners to participate,
shall conduct a study concerning the measures that can
be implemented to enhance water supplies for fish and
wildlife and irrigation purposes on Taneum Creek, includ-
ing (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 ad-
verse impact to water users;
(C) the construction, operation, and mainte-
nance 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 pur-
poses 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
comment made in developing a final report. The Sec-
retary’s final report shall be submitted to the Committee
on Energy and Natural Resources of the Senate, the Com-
mittee on Interior and Insular Affairs of the House of
Representatives, and the Governor of the State, and made
available to the public.
(c) IMPLEMENTATION
OF
NONSTORAGE
MEAS-
URES.—After securing the necessary permits the Sec-
retary may, in cooperation with the Department of Ecol-
ogy 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 Yakima 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.—
Similar enhancement programs may be investigated and
implemented by the Secretary in other tributaries contin-
gent 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 Sec-
retary $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 pursuant to this section.
(2) There is also authorized to be appropriated to the
Secretary such funds as the Secretary determines are nec-
essary for the investigation of similar enhancement pro-
grams in other Yakima River basin tributaries contingent
upon the agreement of the appropriate water right owners
to participate. Funds for the implementation of any simi-
lar enhancement program shall be appropriated to the
Secretary following the submittal of an investigation re-
port to the appropriate congressional committees.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
(a) NEPA.—Implementation of the provisions of this
Act is contingent upon compliance by the Secretary with
the provisions of the National Environmental Policy Act
of 1969.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are hereby authorized to be appropriated to the Secretary
$2,000,000 for environmental compliance activities includ-
ing the conduct, in cooperation with the State of Washing-
ton, of an inventory of wildlife and wetland resources in
the Yakima River basin and an investigation of measures
including ‘‘wetland banking’’, which could be implemented
to address potential impacts which could result from the
activities taken under this Act.
SEC. 9. SAVINGS PROVISIONS.
Nothing in this Act shall be construed to—
(1) affect or modify any treaty or other right of
the Yakima Indian Nation;
(2) authorize the appropriation or use of water
by any Federal, State, or local agency, the Yakima
Indian Nation, or any other entity or individual;
(3) impair the rights or jurisdictions of the
United States, the States, the Yakima Indian Na-
tion, 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 Yakima 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
obligations of any Federal, State, or local agency,
the Yakima Indian Nation, or other entity, public or
private;
(7) affect or modify the rights of the Yakima
Indian Nation or its successors in interest to, and
management and regulation of, those water re-
sources arising or used, within the external bound-
aries of the Yakima Indian Reservation;
(8) affect or modify the settlement agreement
between the United States and the State of Wash-
ington 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 Yakima Indian Nation and its mem-
bers; or
(9) affect or modify the rights of any Federal,
State, or local agency, the Yakima 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.
Æ
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