H.R.495 - Oregon Water Resources Management Act of 2007
To update the management of Oregon water resources, and for other purposes.
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January 16, 2007
SECTION 1. SHORT TITLE.
SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION IN DESCHUTES RIVER CONSERVANCY.
(2) by amending the text of subsection (a)(1)(B) to read as follows: `4 representatives of private interests including two from irrigated agriculture who actively farm more than 100 acres of irrigated land and are not irrigation district managers and two from the environmental community;';CommentsClose CommentsPermalink
(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 2007 through 2016'; andCommentsClose CommentsPermalink
SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT.
(1) ASSOCIATED DITCH COMPANIES, INCORPORATED- The term `Associated Ditch Companies, Incorporated' means the nonprofit corporation established under the laws of the State of Oregon that operates Wallowa Lake Dam.CommentsClose CommentsPermalink
(3) WALLOWA LAKE DAM REHABILITATION PROGRAM- The term `Wallowa Lake Dam Rehabilitation Program' means the program for the rehabilitation of the Wallowa Lake Dam in Oregon, as contained in the engineering document titled, `Phase I Dam Assessment and Preliminary Engineering Design', dated December 2002, and on file with the Bureau of Reclamation.CommentsClose CommentsPermalink
(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 construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program.CommentsClose CommentsPermalink
(B) the Associated Ditch Companies, Incorporated, agrees to assume liability for any work performed, or supervised, with Federal funds provided to it under this section; andCommentsClose CommentsPermalink
(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 rehabilitated or constructed with Federal funds provided under this section, both while and after activities are conducted using Federal funds provided under this section.CommentsClose CommentsPermalink
(6) PROHIBITION ON OPERATION AND MAINTENANCE- The Federal Government shall not be responsible for the operation and maintenance of any facility constructed or rehabilitated under this section.CommentsClose CommentsPermalink
(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 Acts supplemental to and amendatory of that Act (
(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.CommentsClose CommentsPermalink
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 environmental impact statement in accordance with the `Memorandum of Agreement Between City of Medford and Bureau of Reclamation for the Water for Irrigation, Streams, and the Economy Project', dated July 2, 2004.CommentsClose CommentsPermalink
(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 Interior determines would contribute substantially toward the conduct and completion of the study and environmental impact statement required under subsection (a).CommentsClose CommentsPermalink
SEC. 5. NORTH UNIT IRRIGATION DISTRICT.
`SEC. 3. ADDITIONAL TERMS.
`On approval of the District directors and notwithstanding project authorizing legislation to the contrary, the Contract is modified, without further action by the Secretary of the Interior, to include the following modifications:CommentsClose CommentsPermalink
`(2) In Article 11(a) of the Contract, by deleting `The classified irrigable lands within the project comprise 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 classified 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.'.CommentsClose CommentsPermalink
`(3) In Article 11(c) of the Contract, by deleting `, with the approval of the Secretary,' after `District 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 approximately 59,000 acres and no amendment to the District boundary is required' after `time so long as'.CommentsClose CommentsPermalink
`(4) In Article 11(d) of the Contract, by inserting `, 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, conserved water projects as authorized by Oregon State law' after `herein provided'.CommentsClose CommentsPermalink
`(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 2007, the annual installment for each year, for the District, under the Contract, on account of the District'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 obligation shall be completely paid by June 30, 2044.'.CommentsClose CommentsPermalink
`(6) In Article 14(a) of the Contract, by inserting `and 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, 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'.CommentsClose CommentsPermalink
`(7) In Article 29(a) of the Contract, by inserting `and 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, conserved water projects as authorized by Oregon State law' after `provided in article 11'.CommentsClose CommentsPermalink
`(8) In Article 34 of the Contract, by deleting `The District, after the election and upon the execution of this contract, shall promptly secure final decree of the proper State court approving and confirming 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 United States certified copies of such decrees and of all pertinent supporting records.' after `for that purpose.'.CommentsClose CommentsPermalink
`SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
`The Secretary of the Interior (acting through the Commissioner of Reclamation) may in the future renegotiate 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.'.CommentsClose CommentsPermalink