[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4686 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 4686
To amend Public Law 103-434 to authorize Phase III of the Yakima River
Basin Water Enhancement Project for the purposes of improving water
management in the Yakima River basin, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2016
Mr. Reichert (for himself and Mr. Newhouse) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend Public Law 103-434 to authorize Phase III of the Yakima River
Basin Water Enhancement Project for the purposes of improving water
management in the Yakima River basin, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yakima River Basin Water Enhancement
Project Phase III Act''.
SEC. 2. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.
(a) Modification of Terms.--Title XII of Public Law 103-434 (108
Stat. 4550) is amended--
(1) by striking ``Yakama Indian'' each place it appears
(except section 1204(g)) and inserting ``Yakama''; and
(2) by striking ``Superintendent'' each place it appears
and inserting ``Manager''.
(b) Modification of Purposes.--Section 1201 of Public Law 103-434
(108 Stat. 4550) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to protect, mitigate, and enhance fish and wildlife
and the recovery and maintenance of self-sustaining harvestable
populations of fish and other aquatic life, both anadromous and
resident species, in the Yakima Basin through--
``(A) improved water management and the
constructions of fish passage at storage and diversion
dams, as authorized under the Hoover Power Plant Act of
1984 (43 U.S.C. 619 et seq.);
``(B) improved instream flows and water supplies;
``(C) improved water quality, watershed, and
ecosystem function;
``(D) protection and enhancement of wetlands; and
``(E) other appropriate means of habitat
improvement;'';
(2) in paragraph (2), by inserting ``, municipal,
industrial, and domestic water supply and use purposes,
especially during drought years, including reducing the
frequency and severity of water supply shortages for proratable
irrigation entities'' before the semicolon at the end;
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) to authorize the Secretary to make water available
for purchase or lease for meeting municipal, industrial, and
domestic water supply purposes;'';
(6) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (8), respectively;
(7) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) to realize sufficient water savings from implementing
the Yakima River Basin Integrated Water Resource Management
Plan, so that not less than 85,000 acre feet of water savings
are achieved by implementing the first phase of the Integrated
Plan pursuant to section 1213(a);'';
(8) in paragraph (6) (as so redesignated)--
(A) by inserting ``an increase in'' before
``voluntary''; and
(B) by striking ``and'' at the end;
(9) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) to encourage an increase in the use of, and reduce
the barriers to, water transfers, leasing, markets, and other
voluntary transactions among public and private entities to
enhance water management in the Yakima River basin;'';
(10) in paragraph (8) (as redesignated by paragraph (6)),
by striking the period at the end and inserting a semicolon;
and
(11) by adding at the end the following:
``(9) to improve the resilience of the ecosystems,
economies, and communities in the Basin as they face drought,
hydrologic changes, and other related changes and variability
in natural and human systems, for the benefit of both the
people and the fish and wildlife of the region; and
``(10) to authorize and implement the Yakima River Basin
Integrated Water Resource Management Plan as Phase III of the
Yakima River Basin Water Enhancement Project, as a balanced and
cost-effective approach to maximize benefits to the communities
and environment in the Basin.''.
(c) Modification of Definitions.--Section 1202 of Public Law 103-
434 (108 Stat. 4550) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
(11), (12), (13), and (14) as paragraphs (8), (10), (11), (13),
(14), (15), (16), (18), and (19), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Designated federal official.--The term `designated
Federal official' means the Commissioner of Reclamation (or a
designee), acting pursuant to the charter of the Conservation
Advisory Group.
``(7) Integrated plan.--The terms `Integrated Plan' and
`Yakima River Basin Integrated Water Resource Plan' mean the
plan and activities authorized by the Yakima River Basin
Enhancement Project Phase III Act of 2015 and the amendments
made by that Act, to be carried out in cooperation with and in
addition to activities of the State of Washington and Yakama
Nation.'';
(3) by inserting after paragraph (8) (as redesignated by
paragraph (1)) the following:
``(9) Municipal, industrial, and domestic water supply and
use.--The term `municipal, industrial, and domestic water
supply and use' means the supply and use of water for--
``(A) domestic consumption (whether urban or
rural);
``(B) maintenance and protection of public health
and safety;
``(C) manufacture, fabrication, processing,
assembly, or other production of a good or commodity;
``(D) production of energy;
``(E) fish hatcheries; or
``(F) water conservation activities relating to a
use described in subparagraphs (A) through (E).'';
(4) by inserting after paragraph (11) (as redesignated by
paragraph (1)) the following:
``(12) Proratable irrigation entity.--The term `proratable
irrigation entity' means a district, project, or State-
recognized authority, board of control, agency, or entity
located in the Yakima River basin that--
``(A) manages and delivers irrigation water to
farms in the basin; and
``(B) possesses, or the members of which possess,
water rights that are proratable during periods of
water shortage.''; and
(5) by inserting after paragraph (16) (as redesignated by
paragraph (1)) the following:
``(17) Yakima enhancement project; yakima river basin water
enhancement project.--The terms `Yakima Enhancement Project'
and `Yakima River Basin Water Enhancement Project' mean the
Yakima River basin water enhancement project authorized by
Congress pursuant to this Act and other Acts (including Public
Law 96-162 (93 Stat. 1241), section 109 of Public Law 98-381
(16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62 (111
Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) to
promote water conservation, water supply, habitat, and stream
enhancement improvements in the Yakima River basin.''.
SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.
Section 1203 of Public Law 103-434 (108 Stat. 4551) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking
``title'' and inserting ``section''; and
(ii) in the third sentence, by striking
``within 5 years of the date of enactment of
this Act''; and
(B) in paragraph (2), by striking ``irrigation''
and inserting ``the number of irrigated acres'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in each of subparagraphs (A) through
(D), by striking the comma at the end and
inserting a semicolon;
(ii) in subparagraph (E), by striking the
comma at the end and inserting ``; and'';
(iii) in subparagraph (F), by striking
``Department of Wildlife of the State of
Washington, and'' and inserting ``Department of
Fish and Wildlife of the State of
Washington.''; and
(iv) by striking subparagraph (G);
(B) in paragraph (3)--
(i) in each of subparagraphs (A) through
(C), by striking the comma at the end and
inserting a semicolon;
(ii) in subparagraph (D), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) provide recommendations to advance the
purposes and programs of the Yakima Enhancement
Project, including the Integrated Plan.''; and
(C) by striking paragraph (4) and inserting the
following:
``(4) Authority of designated federal official.--The
designated Federal official may--
``(A) arrange and provide logistical support for
meetings of the Conservation Advisory Group;
``(B) use a facilitator to serve as a moderator for
meetings of the Conservation Advisory Group or provide
additional logistical support; and
``(C) grant any request for a facilitator by any
member of the Conservation Advisory Group.'';
(3) in subsection (d), by adding at the end the following:
``(4) Use of conserved water.--The Yakima Project Manager
may use water resulting from conservation measures taken under
this title, in addition to water that the Bureau of Reclamation
may acquire from any willing seller through purchase, donation,
or lease, for water management uses pursuant to this title.'';
(4) in subsection (e), by striking the first sentence and
inserting the following: ``To participate in the Basin
Conservation Program, as described in subsection (b), an entity
shall submit to the Secretary a proposed water conservation
plan.'';
(5) in subsection (i)(3)--
(A) by striking ``purchase or lease'' each place it
appears and inserting ``purchase, lease, or
management''; and
(B) in the third sentence, by striking ``made
immediately upon availability'' and all that follows
through ``Committee'' and inserting ``continued as
needed to provide water to be used by the Yakima
Project Manager as recommended by the System Operations
Advisory Committee and the Conservation Advisory
Group''; and
(6) in subsection (j)(4), in the first sentence, by
striking ``initial acquisition'' and all that follows through
``flushing flows'' and inserting ``acquisition of water from
willing sellers or lessors specifically to provide improved
instream flows for anadromous and resident fish and other
aquatic life, including pulse flows to facilitate outward
migration of anadromous fish''.
SEC. 4. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS.
(a) Yakama Nation Projects.--Section 1204 of Public Law 103-434
(108 Stat. 4555) is amended, in subsection (g)--
(1) by striking the subsection heading and inserting
``Redesignation of Yakama Indian Nation to Yakama Nation.--'';
and
(2) by striking paragraph (1) and inserting the following:
``(1) Redesignation.--The Confederated Tribes and Bands of
the Yakama Indian Nation shall be known and designated as the
`Confederated Tribes and Bands of the Yakama Nation'.''.
(A) in paragraph (2), by striking ``deemed to be a
reference to the `Confederated Tribes and Bands of the
Yakama Indian Nation'.'' and inserting ``deemed to be a
reference to the `Confederated Tribes and Bands of the
Yakama Nation'.''.
(b) Operation of Yakima Basin Projects.--Section 1205 of Public Law
103-434 (108 Stat. 4557) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting
``additional'' after
``secure'';
(bb) by striking
``flushing'' and inserting
``pulse''; and
(cc) by striking ``uses''
and inserting ``uses, in
addition to the quantity of
water provided under the treaty
between the Yakama Nation and
the United States'';
(II) by striking clause (ii);
(III) by redesignating clause (iii)
as clause (ii); and
(IV) in clause (ii) (as so
redesignated) by inserting ``and water
rights mandated'' after ``goals''; and
(ii) in subparagraph (B)(i), in the first
sentence, by inserting ``in proportion to the
funding received'' after ``Program'';
(2) in subsection (b) (as amended by section 2(a)(1)(B)),
in the second sentence, by striking ``instream flows for use by
the Yakima Project Manager as flushing flows or as otherwise''
and inserting ``fishery purposes, as''; and
(3) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) In general.--Additional purposes of the Yakima
Project shall be any of the following:
``(A) To recover and maintain self-sustaining
harvestable populations of native fish, both anadromous
and resident species, in the Yakima Basin.
``(B) To protect, mitigate, and enhance aquatic
life and wildlife.
``(C) Recreation.
``(D) Municipal, industrial, and domestic use.''.
(c) Lake Cle Elum Authorization of Appropriations.--Section
1206(a)(1) of Public Law 103-434 (108 Stat. 4560), is amended, in the
matter preceding subparagraph (A), by striking ``at September'' and all
that follows through ``to--''.
(d) Enhancement of Water Supplies for Yakima Basin Tributaries.--
Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended--
(1) in the heading, by striking ``supplies'' and inserting
``management'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``supplies'' and inserting ``management'';
(B) in paragraph (1), by inserting ``and water
supply entities'' after ``owners''; and
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting
``that choose not to participate or opt out of
tributary enhancement projects pursuant to this
section'' after ``water right owners''; and
(ii) in subparagraph (B), by inserting
``nonparticipating'' before ``tributary water
users'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking the paragraph designation
and all that follows through ``(but not limited
to)--'' and inserting the following:
``(1) In general.--The Secretary, following consultation
with the State of Washington, tributary water right owners, and
the Yakama Nation, and on agreement of appropriate water right
owners, is authorized to conduct studies to evaluate measures
to further Yakima Project purposes on tributaries to the Yakima
River. Enhancement programs that use measures authorized by
this subsection may be investigated and implemented by the
Secretary in tributaries to the Yakima River, including Taneum
Creek, other areas, or tributary basins that currently or could
potentially be provided supplemental or transfer water by
entities, such as the Kittitas Reclamation District or the
Yakima-Tieton Irrigation District, subject to the condition
that activities may commence on completion of applicable and
required feasibility studies, environmental reviews, and cost-
benefit analyses that include favorable recommendations for
further project development, as appropriate. Measures to
evaluate include--'';
(ii) by indenting subparagraphs (A) through
(F) appropriately;
(iii) in subparagraph (A), by inserting
before the semicolon at the end the following:
``, including irrigation efficiency
improvements (in coordination with programs of
the Department of Agriculture), consolidation
of diversions or administration, and diversion
scheduling or coordination'';
(iv) by redesignating subparagraphs (C)
through (F) as subparagraphs (E) through (H),
respectively;
(v) by inserting after subparagraph (B) the
following:
``(C) improvements in irrigation system management
or delivery facilities within the Yakima River basin
when those improvements allow for increased irrigation
system conveyance and corresponding reduction in
diversion from tributaries or flow enhancements to
tributaries through direct flow supplementation or
groundwater recharge;
``(D) improvements of irrigation system management
or delivery facilities to reduce or eliminate
excessively high flows caused by the use of natural
streams for conveyance or irrigation water or return
water;'';
(vi) in subparagraph (E) (as redesignated
by clause (iv)), by striking ``ground water''
and inserting ``groundwater recharge and'';
(vii) in subparagraph (G) (as redesignated
by clause (iv)), by inserting ``or transfer''
after ``purchase''; and
(viii) in subparagraph (H) (as redesignated
by clause (iv)), by inserting ``stream
processes and'' before ``stream habitats'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``the Taneum Creek study'' and
inserting ``studies under this subsection'';
(ii) in subparagraph (B)--
(I) by striking ``and economic''
and inserting ``, infrastructure,
economic, and land use''; and
(II) by striking ``and'' at the
end;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) any related studies already underway or
undertaken.''; and
(C) in paragraph (3), in the first sentence, by
inserting ``of each tributary or group of tributaries''
after ``study'';
(4) in subsection (c)--
(A) in the heading, by inserting ``and nonsurface
storage'' after ``nonstorage''; and
(B) in the matter preceding paragraph (1), by
inserting ``and nonsurface storage'' after
``nonstorage'';
(5) by striking subsection (d);
(6) by redesignating subsection (e) as subsection (d); and
(7) in paragraph (2) of subsection (d) (as so
redesignated)--
(A) in the first sentence--
(i) by inserting ``and implementation''
after ``investigation'';
(ii) by striking ``other'' before ``Yakima
River''; and
(iii) by inserting ``and other water supply
entities'' after ``owners''; and
(B) by striking the second sentence.
(e) Chandler Pumping Plant and Powerplant-operations at Prosser
Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562;
114 Stat. 1425) is amended by inserting ``negatively'' before
``affected''.
SEC. 5. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN WATER
ENHANCEMENT PROJECT.
Title XII of Public Law 103-434 (108 Stat. 4550) is amended by
adding at the end the following:
``SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE III OF
YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT.
``(a) Integrated Plan.--
``(1) In general.--The Secretary shall implement the
Integrated Plan as Phase III of the Yakima River Basin Water
Enhancement Project in accordance with this section and
applicable laws.
``(2) Initial development phase of the integrated plan.--
``(A) In general.--The Secretary, in coordination
with the State of Washington and Yakama Nation and
subject to feasibility studies, environmental reviews,
and the availability of appropriations, shall implement
an initial development phase of the Integrated Plan,
to--
``(i) complete the planning, design, and
construction or development of upstream and
downstream fish passage facilities, as
previously authorized by the Hoover Power Plant
Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum
Reservoir and another Yakima Project reservoir
identified by the Secretary as consistent with
the Integrated Plan, subject to the condition
that, if the Yakima Project reservoir
identified by the Secretary contains a
hydropower project licensed by the Federal
Energy Regulatory Commission, the Secretary
shall cooperate with the Federal Energy
Regulatory Commission in a timely manner to
ensure that actions taken by the Secretary are
consistent with the applicable hydropower
project license;
``(ii) negotiate long-term agreements with
participating proratable irrigation entities in
the Yakima Basin and, acting through the Bureau
of Reclamation, coordinate between Bureaus of
the Department of the Interior and with the
heads of other Federal agencies to negotiate
agreements concerning leases, easements, and
rights-of-way on Federal land, and other terms
and conditions determined to be necessary to
allow for the non-Federal financing,
construction, operation, and maintenance of--
``(I) new facilities needed to
access and deliver inactive storage in
Lake Kachess for the purpose of
providing drought relief for irrigation
(known as the `Kachess Drought Relief
Pumping Plant'); and
``(II) a conveyance system to allow
transfer of water between Keechelus
Reservoir to Kachess Reservoir for
purposes of improving operational
flexibility for the benefit of both
fish and irrigation (known as the `K to
K Pipeline');
``(iii) participate in, provide funding
for, and accept non-Federal financing for--
``(I) water conservation projects,
not subject to the provisions of the
Basin Conservation Program described in
section 1203, that are intended to
partially implement the Integrated Plan
by providing 85,000 acre-feet of
conserved water to improve tributary
and mainstem stream flow; and
``(II) aquifer storage and recovery
projects;
``(iv) study, evaluate, and conduct
feasibility analyses and environmental reviews
of fish passage, water supply (including
groundwater and surface water storage),
conservation, habitat restoration projects, and
other alternatives identified as consistent
with the purposes of this Act, for the initial
and future phases of the Integrated Plan;
``(v) coordinate with and assist the State
of Washington in implementing a robust water
market to enhance water management in the
Yakima River basin, including--
``(I) assisting in identifying ways
to encourage and increase the use of,
and reduce the barriers to, water
transfers, leasing, markets, and other
voluntary transactions among public and
private entities in the Yakima River
basin;
``(II) providing technical
assistance, including scientific data
and market information; and
``(III) negotiating agreements that
would facilitate voluntary water
transfers between entities, including
as appropriate, the use of federally
managed infrastructure; and
``(vi) enter into cooperative agreements
with, or, subject to a minimum non-Federal
cost-sharing requirement of 50 percent, make
grants to, the Yakama Nation, the State of
Washington, Yakima River basin irrigation
districts, water districts, conservation
districts, other local governmental entities,
nonprofit organizations, and land owners to
carry out this title under such terms and
conditions as the Secretary may require,
including the following purposes:
``(I) Land and water transfers,
leases, and acquisitions from willing
participants, so long as the acquiring
entity shall hold title and be
responsible for any and all required
operations, maintenance, and management
of that land and water.
``(II) To combine or relocate
diversion points, remove fish barriers,
or for other activities that increase
flows or improve habitat in the Yakima
River and its tributaries in
furtherance of this title.
``(III) To implement, in
partnership with Federal and non-
Federal entities, projects to enhance
the health and resilience of the
watershed.
``(B) Commencement date.--The Secretary shall
commence implementation of the activities included
under the initial development phase pursuant to this
paragraph--
``(i) on the date of enactment of this
section; and
``(ii) on completion of applicable
feasibility studies, environmental reviews, and
cost-benefit analyses that include favorable
recommendations for further project
development.
``(3) Intermediate and final phases.--
``(A) In general.--The Secretary, in coordination
with the State of Washington and in consultation with
the Yakama Nation, shall develop plans for intermediate
and final development phases of the Integrated Plan to
achieve the purposes of this Act, including conducting
applicable feasibility studies, environmental reviews,
and other relevant studies needed to develop the plans.
``(B) Intermediate phase.--The Secretary shall
develop an intermediate development phase to implement
the Integrated Plan that, subject to authorization and
appropriation, would commence not later than 10 years
after the date of enactment of this section.
``(C) Final phase.--The Secretary shall develop a
final development phase to implement the Integrated
Plan that, subject to authorization and appropriation,
would commence not later than 20 years after the date
of enactment of this section.
``(4) Contingencies.--The implementation by the Secretary
of projects and activities identified for implementation under
the Integrated Plan shall be--
``(A) subject to authorization and appropriation;
``(B) contingent on the completion of applicable
feasibility studies, environmental reviews, and cost-
benefit analyses that include favorable recommendations
for further project development;
``(C) implemented on public review and a
determination by the Secretary that design,
construction, and operation of a proposed project or
activity is in the best interest of the public; and
``(D) in compliance with all applicable laws,
including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq).
``(5) Progress report.--
``(A) In general.--Not later than 5 years after the
date of enactment of this section, the Secretary, in
conjunction with the State of Washington and in
consultation with the Yakama Nation, shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives a progress report on the
development and implementation of the Integrated Plan.
``(B) Requirements.--The progress report under this
paragraph shall--
``(i) provide a review and reassessment, if
needed, of the objectives of the Integrated
Plan, as applied to all elements of the
Integrated Plan;
``(ii) assess, through performance metrics
developed at the initiation of, and measured
throughout the implementation of, the
Integrated Plan, the degree to which the
implementation of the initial development phase
addresses the objectives and all elements of
the Integrated Plan;
``(iii) identify the amount of Federal
funding and non-Federal contributions received
and expended during the period covered by the
report;
``(iv) describe the pace of project
development during the period covered by the
report;
``(v) identify additional projects and
activities proposed for inclusion in any future
phase of the Integrated Plan to address the
objectives of the Integrated Plan, as applied
to all elements of the Integrated Plan; and
``(vi) for water supply projects--
``(I) provide a preliminary
discussion of the means by which--
``(aa) water and costs
associated with each
recommended project would be
allocated among authorized
uses; and
``(bb) those allocations
would be consistent with the
objectives of the Integrated
Plan; and
``(II) establish a plan for
soliciting and formalizing
subscriptions among individuals and
entities for participation in any of
the recommended water supply projects
that will establish the terms for
participation, including fiscal
obligations associated with
subscription.
``(b) Financing, Construction, Operation, and Maintenance of
Kachess Drought Relief Pumping Plant and K to K Pipeline.--
``(1) Agreements.--Long-term agreements negotiated between
the Secretary and participating proratable irrigation entities
in the Yakima Basin for the non-Federal financing,
construction, operation, and maintenance of the Drought Relief
Pumping Plant and K to K Pipeline shall include provisions
regarding--
``(A) responsibilities of the participating
proratable irrigation entities for the planning,
design, and construction of infrastructure in
consultation and coordination with the Secretary;
``(B) property titles and responsibilities of the
participating proratable irrigation entities for the
maintenance of and liability for all infrastructure
constructed under this title;
``(C) operation and integration of the projects by
the Secretary in the operation of the Yakima Project;
``(D) costs associated with the design, financing,
construction, operation, maintenance, and mitigation of
projects, with the costs of Federal oversight and
review to be nonreimbursable to the participating
proratable irrigation entities and the Yakima Project;
and
``(E) responsibilities for the pumping and
operational costs necessary to provide the total water
supply available made inaccessible due to drought
pumping during the preceding 1 or more calendar years,
in the event that the Kachess Reservoir fails to refill
as a result of pumping drought storage water during the
preceding 1 or more calendar years, which shall remain
the responsibility of the participating proratable
irrigation entities.
``(2) Use of kachess reservoir stored water.--
``(A) In general.--The additional stored water made
available by the construction of facilities to access
and deliver inactive storage in Kachess Reservoir under
subsection (a)(2)(A)(ii)(I) shall--
``(i) be considered to be Yakima Project
water;
``(ii) not be part of the total water
supply available, as that term is defined in
various court rulings; and
``(iii) be used exclusively by the
Secretary--
``(I) to enhance the water supply
in years when the total water supply
available is not sufficient to provide
70 percent of proratable entitlements
in order to make that additional water
available up to 70 percent of
proratable entitlements to the Kittitas
Reclamation District, the Roza
Irrigation District, or other
proratable irrigation entities
participating in the construction,
operation, and maintenance costs of the
facilities under this title under such
terms and conditions to which the
districts may agree, subject to the
conditions that--
``(aa) the Bureau of Indian
Affairs, the Wapato Irrigation
Project, and the Yakama Nation,
on an election to participate,
may also obtain water from
Kachess Reservoir inactive
storage to enhance applicable
existing irrigation water
supply in accordance with such
terms and conditions to which
the Bureau of Indian Affairs
and the Yakama Nation may
agree; and
``(bb) the additional
supply made available under
this clause shall be available
to participating individuals
and entities in proportion to
the proratable entitlements of
the participating individuals
and entities, or in such other
proportion as the participating
entities may agree; and
``(II) to facilitate reservoir
operations in the reach of the Yakima
River between Keechelus Dam and Easton
Dam for the propagation of anadromous
fish.
``(B) Effect of paragraph.--Nothing in this
paragraph affects (as in existence on the date of
enactment of this section) any contract, law (including
regulations) relating to repayment costs, water right,
or Yakama Nation treaty right.
``(3) Commencement.--The Secretary shall not commence
entering into agreements pursuant to subsection (a)(2)(A)(ii)
or subsection (b)(1) or implementing any activities pursuant to
the agreements before the date on which--
``(A) all applicable and required feasibility
studies, environmental reviews, and cost-benefit
analyses have been completed and include favorable
recommendations for further project development,
including an analysis of--
``(i) the impacts of the agreements and
activities conducted pursuant to subsection
(a)(2)(A)(ii) on adjacent communities,
including potential fire hazards, water access
for fire districts, community and homeowner
wells, future water levels based on projected
usage, recreational values, and property
values; and
``(ii) specific options and measures for
mitigating the impacts, as appropriate;
``(B) the Secretary has made the agreements and any
applicable project designs, operations plans, and other
documents available for public review and comment in
the Federal Register for a period of not less than 60
days; and
``(C) the Secretary has made a determination,
consistent with applicable law, that the agreements and
activities to which the agreements relate--
``(i) are in the public interest; and
``(ii) could be implemented without
significant adverse impacts to the environment.
``(4) Electrical power associated with kachess drought
relief pumping plant.--
``(A) In general.--The Administrator of the
Bonneville Power Administration, pursuant to the
Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839 et seq.), shall provide
to the Secretary project power to operate the Kachess
Pumping Plant constructed under this title if inactive
storage in Kachess Reservoir is needed to provide
drought relief for irrigation, subject to the
requirements of subparagraphs (B) and (C).
``(B) Determination.--Power may be provided under
subparagraph (A) only if--
``(i) there is in effect a drought
declaration issued by the State of Washington;
``(ii) there are conditions that have led
to 70 percent or less water delivery to
proratable irrigation districts, as determined
by the Secretary; and
``(iii) the Secretary determines that it is
appropriate to provide power under that
subparagraph.
``(C) Period of availability.--Power under
subparagraph (A) shall be provided until the date on
which the Secretary determines that power should no
longer be provided under that subparagraph, but for not
more than a 1-year period or the period during which
the Secretary determines that drought mitigation
measures are necessary in the Yakima River basin.
``(D) Rate.--The Administrator of the Bonneville
Power Administration shall provide power under
subparagraph (A) at the then-applicable lowest
Bonneville Power Administration rate for public body,
cooperative, and Federal agency customers firm
obligations, which as of the date of enactment of this
section is the priority firm Tier 1 rate, and shall not
include any irrigation discount.
``(E) Local provider.--During any period in which
power is not being provided under subparagraph (A), the
power needed to operate the Kachess Pumping Plant shall
be obtained by the Secretary from a local provider.
``(F) Costs.--The cost of power for such pumping,
station service power, and all costs of transmitting
power from the Federal Columbia River Power System to
the Yakima Enhancement Project pumping facilities shall
be borne by irrigation districts receiving the benefits
of that water.
``(G) Duties of commissioner.--The Commissioner of
Reclamation shall be responsible for arranging
transmission for deliveries of Federal power over the
Bonneville system through applicable tariff and
business practice processes of the Bonneville system
and for arranging transmission for deliveries of power
obtained from a local provider.
``(c) Design and Use of Groundwater Recharge Projects.--
``(1) In general.--Any water supply that results from an
aquifer storage and recovery project shall not be considered to
be a part of the total water supply available if--
``(A) the water for the aquifer storage and
recovery project would not be available for use, but
instead for the development of the project;
``(B) the aquifer storage and recovery project will
not otherwise impair any water supply available for any
individual or entity entitled to use the total water
supply available; and
``(C) the development of the aquifer storage and
recovery project will not impair fish or other aquatic
life in any localized stream reach.
``(2) Project types.--The Secretary may provide technical
assistance for, and participate in, any of the following 3
types of groundwater recharge projects (including the
incorporation of groundwater recharge projects into Yakima
Project operations, as appropriate):
``(A) Aquifer recharge projects designed to
redistribute Yakima Project water within a water year
for the purposes of supplementing stream flow during
the irrigation season, particularly during storage
control, subject to the condition that if such a
project is designed to supplement a mainstem reach, the
water supply that results from the project shall be
credited to instream flow targets, in lieu of using the
total water supply available to meet those targets.
``(B) Aquifer storage and recovery projects that
are designed, within a given water year or over
multiple water years--
``(i) to supplement or mitigate for
municipal uses;
``(ii) to supplement municipal supply in a
subsurface aquifer; or
``(iii) to mitigate the effect of
groundwater use on instream flow or senior
water rights.
``(C) Aquifer storage and recovery projects
designed to supplement existing irrigation water
supply, or to store water in subsurface aquifers, for
use by the Kittitas Reclamation District, the Roza
Irrigation District, or any other proratable irrigation
entity participating in the repayment of the
construction, operation, and maintenance costs of the
facilities under this section during years in which the
total water supply available is insufficient to provide
to those proratable irrigation entities all water to
which the entities are entitled, subject to the
conditions that--
``(i) the Bureau of Indian Affairs, the
Wapato Irrigation Project, and the Yakama
Nation, on an election to participate, may also
obtain water from aquifer storage to enhance
applicable existing irrigation water supply in
accordance with such terms and conditions to
which the Bureau of Indian Affairs and the
Yakama Nation may agree; and
``(ii) nothing in this subparagraph affects
(as in existence on the date of enactment of
this section) any contract, law (including
regulations) relating to repayment costs, water
right, or Yakama Nation treaty right.
``(d) State and Other Contributions.--The Secretary may accept as
part of the non-Federal cost-share of a project carried out under this
section, and expend as if appropriated, any contribution (including in-
kind services) by the State of Washington or any other individual or
entity that the Secretary determines will enhance the conduct and
completion of the project.
``(e) Savings and Contingencies.--Nothing in this section shall--
``(1) be a new or supplemental benefit for purposes of the
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
``(2) affect any contract in existence on the date of
enactment of the Yakima River Basin Water Enhancement Project
Phase III Act that was executed pursuant to the reclamation
laws;
``(3) affect any contract or agreement between the Bureau
of Indian Affairs and the Bureau of Reclamation;
``(4) affect, waive, abrogate, diminish, define, or
interpret the treaty between the Yakama Nation and the United
States; or
``(5) constrain the continued authority of the Secretary to
provide fish passage in the Yakima Basin in accordance with the
Hoover Power Plant Act of 1984 (43 U.S.C 619 et seq.).
``SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.
``The Secretary shall retain authority and discretion over the
management of project supplies to optimize operational use and
flexibility to ensure compliance with all applicable Federal and State
laws, treaty rights of the Yakama Nation, and legal obligations,
including those contained in this Act. That authority and discretion
includes the ability of the United States to store, deliver, conserve,
and reuse water supplies deriving from projects authorized under this
title.''.
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