The easiest way to email your members of CongressDonate Now
S.3483 - Crooked River Collaborative Water Security Act
A bill to amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City of Prineville, Oregon, and for other purposes.
Loading Bill Text
Rollover any line of text to comment and/or link to it.
SECTION 1. SHORT TITLE.
SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON.
‘(B) HYDROPOWER- In any license application submitted to the Federal Energy Regulatory Commission relating to hydropower development (including turbines and appurtenant facilities) at Bowman Dam, the applicant, in consultation with the Director of the Bureau of Land Management, shall--CommentsClose CommentsPermalink
‘(i) analyze any impacts to the scenic, recreational, and fishery resource values of the Crooked River from the center crest of Bowman Dam to a point 1/4 -mile downstream that may be caused by the proposed hydropower development, including the future need to undertake routine and emergency repairs;CommentsClose CommentsPermalink
‘(iii) propose designs and measures to ensure that any access facilities associated with hydropower development at Bowman Dam shall not impede the free-flowing nature of the Crooked River below Bowman Dam.’.CommentsClose CommentsPermalink
SEC. 3. CITY OF PRINEVILLE WATER SUPPLY.
(2) by adding at the end the following: ‘Without further action by the Secretary of the Interior, beginning on the date of enactment of the Crooked River Collaborative Water Security Act, 5,100 acre-feet of water shall be annually released from the project to serve as mitigation for City of Prineville groundwater pumping, pursuant to and in a manner consistent with Oregon State law, including any shaping of the release of the water. The City of Prineville shall make payments to the Secretary for the water, in accordance with the Bureau of Reclamation document entitled ‘Water and Related Contract and Repayment Principles and Requirements’, the Bureau of Reclamation Manual Directives and Standards numbered PEC 05-01 and dated September 12, 2006, and the document entitled ‘Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies’ and dated March 10, 1983. Consistent with the National Environmental Policy Act of 1969 (
SEC. 4. ADDITIONAL PROVISIONS.
The Act entitled ‘An Act to authorize construction by the Secretary of the Interior of the Crooked River Federal reclamation project, Oregon’, approved August 6, 1956 (70 Stat. 1058; chapter 980; 73 Stat. 554; 78 Stat. 954), is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 6. FIRST FILL STORAGE AND RELEASE.
‘Other than the 10 cubic feet per second release provided for in section 4, and subject to compliance with the flood curve requirements of the Corps of Engineers, the Secretary shall, on a ‘first fill’ priority basis, store in and release from Prineville Reservoir, whether from carryover, infill, or a combination of both, the following:CommentsClose CommentsPermalink
‘(3) 10,000 acre-feet of water annually, to be made available first to the North Unit Irrigation District, and subsequently to any other holders of Reclamation contracts existing as of January 1, 2011 (in that order), pursuant to Temporary Water Service Contracts, on the request of the North Unit Irrigation District or the contract holders, consistent with the same terms and conditions as prior such contracts between the Bureau of Reclamation and District or contract holders, as applicable.CommentsClose CommentsPermalink
‘SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER QUANTITIES.
‘(a) In General- Other than the quantities provided for in section 4 and the ‘first fill’ quantities provided for in section 6, and subject to compliance with the flood curve requirements of the Corps of Engineers, the Secretary shall store in and release from Prineville Reservoir all remaining stored water quantities for the benefit of downstream fish and wildlife.CommentsClose CommentsPermalink
‘(b) Applicable Law- If a consultation under the Endangered Species Act of 1973 (
16 U.S.C. 1531et seq.) or an order of a court in a proceeding under that Act requires releases of stored water from Prineville Reservoir for fish and wildlife downstream of Bowman Dam, the Secretary shall use uncontracted stored water.CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Commissioner of Reclamation shall develop annual release schedules for the remaining stored water quantities and the water serving as mitigation for City of Prineville groundwater pumping.CommentsClose CommentsPermalink
‘(2) GUIDANCE- To the maximum extent practicable and unless otherwise prohibited by law, the Commissioner of Reclamation shall develop and implement the annual release schedules consistent with the guidance provided by the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon to maximize biological benefit for downstream resources, based on consideration of the multiyear water needs of downstream fish and wildlife.CommentsClose CommentsPermalink
‘(3) COMMENTS FROM FEDERAL FISH MANAGEMENT AGENCIES- The National Marine Fisheries Service and the United States Fish and Wildlife Service shall have the opportunity to provide advice with respect to, and comment on, the annual release schedule developed by the Commissioner of Reclamation under this subsection.CommentsClose CommentsPermalink
‘(d) Required Coordination- The Commissioner of Reclamation shall perform traditional and routine activities in a manner that coordinates with and assists the Confederated Tribes of the Warm Springs Reservation of Oregon and the ability of the State of Oregon to monitor and request adjustments to releases for downstream fish and wildlife on an in-season basis as the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon determine downstream fish and wildlife needs require.CommentsClose CommentsPermalink
‘(e) Effect- Nothing in this section affects the authority of the Commissioner of Reclamation to perform all other traditional and routine activities of the Commissioner of Reclamation.CommentsClose CommentsPermalink
‘SEC. 8. EFFECT.
SEC. 5. OCHOCO IRRIGATION DISTRICT.
(1) IN GENERAL- Notwithstanding section 213 of the Reclamation Reform Act of 1982 (
(2) EXEMPTION FROM LIMITATIONS- Upon discharge, in full, of the obligation for repayment of the construction costs allocated to all land of the landowner in the district, the land shall not be subject to the ownership and full-cost pricing limitations of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental to and amendatory of that Act (
(b) Certification- Upon the request of a landowner who has repaid, in full, the construction costs of the project facilities allocated to the land of the landowner within the district, the Secretary of the Interior shall provide the certification described in section 213(b)(1) of the Reclamation Reform Act of 1982 (
(c) Contract Amendment- On approval of the district directors and notwithstanding project authorizing authority to the contrary, the Reclamation contracts of the district are modified, without further action by the Secretary of the Interior--CommentsClose CommentsPermalink
(1) to authorize the use of water for instream purposes, including fish or wildlife purposes, in order for the district to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon State law;CommentsClose CommentsPermalink
(2) to include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, resulting in a total of approximately 44,937 acres within the district boundary;CommentsClose CommentsPermalink
(3) to classify as irrigable approximately 685 acres within the approximately 2,742 acres of included land in the vicinity of McKay Creek, with those approximately 685 acres authorized to receive irrigation water pursuant to water rights issued by the State of Oregon if the acres have in the past received water pursuant to State water rights; andCommentsClose CommentsPermalink
(4) to provide the district with stored water from Prineville Reservoir for purposes of supplying up to the approximately 685 acres of land added within the district boundary and classified as irrigable under paragraphs (2) and (3), with the stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the issuance of water rights by the State of Oregon for the use of stored water.CommentsClose CommentsPermalink
(3) modifies any rights, obligations, or relationships that may exist between the district and any owner of land within the district, as may be provided or governed by Federal or Oregon State law.CommentsClose CommentsPermalink
SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND VOLUNTARY RELEASES.
(a) Participation in Dry-Year Management Planning Meetings- The Bureau of Reclamation shall participate in dry-year management planning meetings with the State of Oregon, the Confederated Tribes of the Warm Springs Reservation of Oregon, irrigation districts, and other interested stakeholders, to plan for dry-year conditions.CommentsClose CommentsPermalink
(b) Frequency of Meetings- The Bureau of Reclamation, in coordination with the parties referred to in subsection (a), shall participate in dry-year management planning meetings each year, in early spring and late summer, and as needed at other times.CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Bureau of Reclamation shall develop a dry-year management plan in coordination with the parties referred to in subsection (a).CommentsClose CommentsPermalink
(2) REQUIREMENTS- The plan developed under paragraph (1) shall only recommend strategies, measures, and actions that all parties referred to in subsection (a) voluntarily agree to implement.CommentsClose CommentsPermalink
(d) Voluntary Release- In any year, if North Unit Irrigation District or other eligible Bureau of Reclamation contract holders have not initiated contracting with the Bureau of Reclamation for any quantity of the 10,000 acre-feet of water described in paragraph (3) of section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by section 4), by June 1 of any calendar year, with the voluntary agreement of North Unit Irrigation District and other Bureau of Reclamation contract holders referred to in that paragraph, the Secretary may release that quantity of water for the benefit of downstream fish and wildlife as described in section 7 of that Act.CommentsClose CommentsPermalink
SEC. 7. RELATION TO EXISTING LAWS AND STATUTORY OBLIGATIONS.
(1) provides to the Secretary the authority to store and release the ‘first fill’ amounts provided for in section 6 of the Act of August 6, 1956 (70 Stat. 1058) (as added by section 4) for any purposes other than the purposes provided for in that section, except for--CommentsClose CommentsPermalink