Topic: Public Lands — Water Resources
Subject: Water resources development
Date: 2013-07-10 00:00:00

(This measure has not been amended since it was passed by the Senate on December 11, 2014. The summary of that version is repeated here.)

Crooked River Collaborative Water Security and Jobs Act of 2014 - (Sec. 2) Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires the applicant, in any license or lease of power privilege application relating to non-federal hydropower development at Bowman Dam, to:

 analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River from the center crest of such Dam to a point 1/4-mile downstream that may be caused by the proposed hydropower development; propose measures to minimize and mitigate such impacts; and propose measures to ensure that any access facilities associated with such hydropower development shall not impede the free-flowing nature of the Crooked River below the Dam. (Sec. 3) Requires 5,100 acre-feet of water to be released annually from the Crooked River project to serve as mitigation for city of Prineville groundwater pumping, pursuant to and consistent with Oregon law; and (2) Prineville to make payments to the Secretary for the water released. Authorizes the Secretary to contract exclusively with Prineville for additional quantities of water at the city's request.

(Sec. 4) Directs the Secretary, on a first fill priority basis, to store in and, when called for in any year, release from the Reservoir an additional: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) 2,740 acre feet of water annually to supply the McKay Creek land; (3) 10,000 acre feet of water annually, first to the North Unit Irrigation District and subsequently to any other holders of Reclamation contracts existing as of January 1, 2011, pursuant to Temporary Water Service Contracts, upon request; and (4) 5,100 acre feet of water annually to mitigate Prineville groundwater pumping pursuant to the release schedule developed pursuant to this Act. Requires water stored that is not called for and released by the end of the irrigation season to be: (1) carried over to the subsequent water year; and (2) accounted for as part of such first fill storage quantities of the subsequent water year.

Directs the Secretary to store in and release from Prineville Reservoir sufficient quantities of remaining stored quantities to be released pursuant to the annual release schedule developed pursuant to this Act and to provide instream flows consistent with the recommendations for in-channel strategies in the Northwest Power and Conservation Council's Deschutes Subbasin Plan, dated March 24, 2005, for flow between Bowman Dam and Lake Billy Chinook.

Directs the Commissioner of Reclamation to: (1) develop annual release schedules for the remaining stored water quantities that maximize benefits to downstream fish and wildlife; and (2) project reservoir water levels over the course of the year.

(Sec. 5) Authorizes any owner of land within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that land. Requires the Secretary, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations.

Modifies the District's reclamation contracts, on approval of the District directors, to: (1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law; (2) include within the District boundary approximately 2,742 acres in the vicinity of McKay Creek; (3) classify approximately 685 of such acres as irrigable land authorized to receive irrigation water pursuant to water rights issued by Oregon if the acres have received water pursuant to such rights in the past; and (4) provide the District with stored water from Prineville Reservoir for supplying such 685 acres, contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and Oregon issuing such water rights.

(Sec. 6) Directs the Bureau to: (1) participate in dry-year management planning meetings with Oregon, the Confederated Tribes of the Warm Springs Reservation of Oregon, and municipal, agricultural, conservation, recreation, and other interested stakeholders; and (2) develop a dry-year management plan that recommends strategies, measures, and actions that the irrigation districts and other Bureau contract holders voluntarily agree to implement.

Authorizes the Secretary, if North Unit Irrigation District or other eligible Bureau contract holders have not initiated contracting with the Bureau by June 1 of any calendar year for any quantity of the 10,000 acre feet of water to be released on a first fill priority basis, to release that quantity of water for the benefit of downstream fish and wildlife, with the voluntary agreement of such District and contract holders.

(Sec. 7) Directs the Commissioner to determine the applicability of the Commissioner's jurisdiction to non-federal hydropower development pursuant to the Memorandum of Understanding between the Federal Energy Regulatory Commission (FERC) and the Bureau entitled "Establishment of Processes for the Early Resolution of Issues Related to the Timely Development of Non-Federal Hydroelectric power at the Bureau of Reclamation Facilities," signed November 6, 1992, or any subsequent or related memorandum of understanding.

(Sec. 8) Provides that nothing in this Act authorizes the Secretary to store and release first fill quantities for any purposes other than those specified, except for: (1) the potential instream use resulting from conserved water projects and temporary instream leasing, (2) the potential release of additional amounts that may result from voluntary actions agreed to through the dry-year management plan, and (3) the potential release of the 10,000 acre feet for downstream fish and wildlife.