,,ii ,calendar ,no4 #eab #aacth ,,congress #b;d ,session ,s4 #agga ,report ,no4 #aac-bbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjac,mr4 ,merkley 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,july #ca1 #bjad,reported by ,ms4 ,landrieu1 without amendment ,a ,,bill ,to amend the ,wild and ,scenic ,rivers ,act to adjust the ,crooked ,river boundary1 to provide water certainty for the ,city of ,prineville1 ,oregon1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,crooked ,river ,collaborative ,water ,security ,act of #bjac4 #b4 ,wild and scenic river2 ,crooked1 ,oregon ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended by striking paragraph 7#gb7 and inserting the following3 7#gb7 ,crooked1 ,oregon 7,a7 ,in general ,the #ad4ge-mile segment from the ,national ,grassland boundary to ,dry ,creek1 to be administered by the ,secretary of the ,interior in the following classes3 7i7 ,the #g-mile segment from the ,national ,grassland boundary to ,river ,mile #h south of ,opal ,spring1 as a recreational river4 7ii7 ,the #g4ge-mile segment from a point #a_/d-mile downstream from the center crest of ,bowman ,dam1 as a recreational river4 7,b7 ,hydropower ,in any license application relating to hydropower development 7including turbines and appurtenant facilities7 at ,bowman ,dam1 the applicant1 in consultation with the ,director of the ,bureau of ,land ,management1 shall-- 7i7 analyze any impacts to the scenic1 recreational1 and fishery resource values of the ,crooked ,river from the center crest of ,bowman ,dam to a point #a_/d-mile downstream that may be caused by the proposed hydropower development1 including the future need to undertake routine and emergency repairs2 7ii7 propose measures to minimize and mitigate any impacts analyzed under clause 7i72 and 7iii7 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 ,dam4 4 #c4 ,city of ,prineville water supply ,section #d of the ,act of ,august #f1 #aief 7#gj ,stat4 #ajeh2 #gc ,stat4 #eed2 #gh ,stat4 #ied71 is amended-- 7#a7 by striking during those months and all that follows through purpose of the project2 and 7#b7 by adding at the end the following3 ,without further action by the ,secretary of the ,interior1 beginning on the date of enactment of the ,crooked ,river ,collaborative ,water ,security ,act of #bjac1 #e1ajj acre-feet of water shall be annually released from the project to serve as mitigation for ,city of ,prineville groundwater pumping1 pursuant to and in a manner consistent with ,oregon ,state law1 including any shaping of the release of the water4 ,the ,city of ,prineville shall make payments to the ,secretary for the water1 in accordance with applicable ,bureau of ,reclamation policies1 directives1 and standards4 ,consistent with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and other applicable ,federal laws1 the ,secretary may contract exclusively with the ,city of ,prineville for additional quantities of water1 at the request of the ,city of ,prineville44 #d4 ,additional provisions ,the ,act entitled ,an ,act to authorize construction by the ,secretary of the ,interior of the ,crooked ,river ,federal reclamation project1 ,oregon1 approved ,august #f1 #aief 7#gj ,stat4 #ajeh2 chapter #ihj2 #gc ,stat4 #eed2 #gh ,stat4 #ied71 is amended by adding at the end the following3 #f4 ,first fill storage and release 7a7 ,in general ,other than the #aj cubic feet per second release provided for in section #d1 and subject to compliance with the flood curve requirements of the ,corps of ,engineers1 the ,secretary shall1 on a first fill priority basis1 store in and when called for in any year release from ,prineville ,reservoir1 whether from carryover1 infill1 or a combination of both1 the following3 7#a7 #fh1bgc acre-feet of water annually to fulfill all #af ,bureau of ,reclamation contracts existing as of ,january #a1 #bjaa4 7#b7 ,not more than #b1gdj acre-feet of water annually to supply the ,mc,kay ,creek land1 in accordance with section #e of the ,crooked ,river ,collaborative ,water ,security ,act of #bjac4 7#c7 #aj1jjj acre-feet of water annually1 to be made available first to the ,north ,unit ,irrigation ,district1 and subsequently to any other holders of ,reclamation contracts existing as of ,january #a1 #bjaa 7in that order71 pursuant to ,temporary ,water ,service ,contracts1 on the request of the ,north ,unit ,irrigation ,district or the contract holders1 consistent with the same terms and conditions as prior such contracts between the ,bureau of ,reclamation and ,district or contract holders1 as applicable4 7#d7 #e1ajj acre-feet of water annually to mitigate the ,city of ,prineville groundwater pumping under section #d1 with the release of this water to occur not based on an annual call1 but instead pursuant to section #d and the release schedule developed pursuant to section #g7;c74 7b7 ,carryover ,except for water that may be called for and released after the end of the irrigation season 7either as ,city of ,prineville groundwater pumping mitigation or as a voluntary release1 in accordance with section #d of this ,act and section #f7;c7 of the ,crooked ,river ,collaborative ,water ,security ,act of #bjac1 respectively71 any water stored under this section that is not called for and released by the end of the irrigation season in a given year shall be-- 7#a7 carried over to the subsequent water year1 which1 for accounting purposes1 shall be considered to be the #a-year period beginning ,october #a and ending ,september #cj1 consistent with ,oregon ,state law2 and 7#b7 accounted for as part of the first fill storage quantities of the subsequent water year1 but not to exceed the maximum first fill storage quantities described in subsection 7a74 #g4 ,storage and release of remaining stored water quantities 7a7 ,authorization 7#a7 ,in general ,other than the quantities provided for in section #d and the first fill quantities provided for in section #f1 and subject to compliance with the flood curve requirements of the ,corps of ,engineers1 the ,secretary shall store in and release from ,prineville ,reservoir all remaining stored water quantities for the benefit of downstream fish and wildlife4 7#b7 ,requirement ,the ,secretary shall release the remaining stored water quantities under paragraph 7#a7 consistent with subsection 7c74 7b7 ,applicable law ,if a consultation under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 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 ,dam1 the ,secretary shall use uncontracted stored water4 7c7 ,annual release schedule 7#a7 ,in general ,the ,commissioner of ,reclamation shall develop annual release schedules for the remaining stored water quantities in subsection 7a7 and the water serving as mitigation for ,city of ,prineville groundwater pumping pursuant to section #d4 7#b7 ,guidance ,to the maximum extent practicable and unless otherwise prohibited by law1 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 fish and wildlife1 after taking into consideration multiyear water needs of downstream fish and wildlife4 7#c7 ,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 to1 and comment on1 the annual release schedule developed by the ,commissioner of ,reclamation under this subsection4 7d7 ,required coordination ,the ,commissioner of ,reclamation shall perform traditional and routine activities in a manner that coordinates with the efforts of the ,confederated ,tribes of the ,warm ,springs ,reservation of ,oregon and 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 require4 7e7 ,carryover 7#a7 ,in general ,any water stored under subsection 7a7 in #a water year that is not released during the water year-- 7,a7 shall be carried over to the subsequent water year2 and 7,b7 7i7 may be released for downstream fish and wildlife resources1 consistent with subsections 7c7 and 7d71 until the reservoir reaches maximum capacity in the subsequent water year2 and 7ii7 once the reservoir reaches maximum capacity under clause 7i71 shall be credited to the first fill storage quantities1 but not to exceed the maximum first fill storage quantities described in section #f7;a74 7f7 ,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 ,reclamation4 #h4 ,reservoir levels ,the ,commissioner of ,reclamation shall-- 7#a7 project reservoir water levels over the course of the year2 and 7#b7 make the projections under paragraph 7#a7 available to-- 7,a7 the public 7including fisheries groups1 recreation interests1 and municipal and irrigation stakeholders72 7,b7 the ,director of the ,national ,marine ,fisheries ,service2 and 7,c7 the ,director of the ,united ,states ,fish and ,wildlife ,service4 #i4 ,effect ,except as otherwise provided in this ,act1 nothing in this ,act-- 7#a7 modifies contractual rights that may exist between contractors and the ,united ,states under ,reclamation contracts2 7#b7 amends or reopens contracts referred to in paragraph 7#a72 or 7#c7 modifies any rights1 obligations1 or requirements that may be provided or governed by ,federal or ,oregon ,state law4 4 #e4 ,ochoco ,irrigation ,district 7a7 ,early repayment 7#a7 ,in general ,notwithstanding section #bac of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm71 any landowner within ,ochoco ,irrigation ,district1 ,oregon 7referred to in this section as the district71 may repay1 at any time1 the construction costs of the project facilities allocated to the land of the landowner within the district4 7#b7 ,exemption from limitations ,upon discharge1 in full1 of the obligation for repayment of the construction costs allocated to all land of the landowner in the district1 the land shall not be subject to the ownership and full-cost pricing limitations of ,federal reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq4774 7b7 ,certification ,upon the request of a landowner who has repaid1 in full1 the construction costs of the project facilities allocated to the land of the landowner within the district1 the ,secretary of the ,interior shall provide the certification described in section #bac7;b77#a7 of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm7b77#a774 7c7 ,contract amendment ,on approval of the district directors and notwithstanding project authorizing authority to the contrary1 the ,reclamation contracts of the district are modified1 without further action by the ,secretary of the ,interior-- 7#a7 to authorize the use of water for instream purposes1 including fish or wildlife purposes1 in order for the district to engage in1 or take advantage of1 conserved water projects and temporary instream leasing as authorized by ,oregon ,state law2 7#b7 to include within the district boundary approximately #b1gdb acres in the vicinity of ,mc,kay ,creek1 resulting in a total of approximately #dd1icg acres within the district boundary2 7#c7 to classify as irrigable approximately #fhe acres within the approximately #b1gdb acres of included land in the vicinity of ,mc,kay ,creek1 with those approximately #fhe 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 rights2 and 7#d7 to provide the district with stored water from ,prineville ,reservoir for purposes of supplying up to the approximately #fhe acres of land added within the district boundary and classified as irrigable under paragraphs 7#b7 and 7#c71 with the stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant ,mc,kay ,creek water rights to instream use and the issuance of water rights by the ,state of ,oregon for the use of stored water4 7d7 ,limitation ,except as otherwise provided in subsections 7a7 and 7c71 nothing in this section-- 7#a7 modifies contractual rights that may exist between the district and the ,united ,states under the ,reclamation contracts of the district2 7#b7 amends or reopens the contracts referred to in paragraph 7#a72 or 7#c7 modifies any rights1 obligations1 or relationships that may exist between the district and any owner of land within the district1 as may be provided or governed by ,federal or ,oregon ,state law4 #f4 ,dry-year management planning and voluntary releases 7a7 ,participation in dry-,year management planning meetings ,the ,bureau of ,reclamation shall participate in dry-year management planning meetings with the ,state of ,oregon1 the ,confederated ,tribes of the ,warm ,springs ,reservation of ,oregon1 municipal1 agricultural1 conservation1 recreation1 and other interested stakeholders to plan for dry-year conditions4 7b7 ,dry-,year management plan 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,bureau of ,reclamation shall develop a dry-year management plan in coordination with the participants referred to in subsection 7a74 7#b7 ,requirements ,the plan developed under paragraph 7#a7 shall only recommend strategies1 measures1 and actions that the irrigation districts and other ,bureau of ,reclamation contract holders voluntarily agree to implement4 7#c7 ,limitations ,nothing in the plan developed under paragraph 7#a7 shall be mandatory or self-implementing4 7c7 ,voluntary release ,in any year1 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 #aj1jjj acre feet of water described in subsection 7a77#c7 of section #f of the ,act of ,august #f1 #aief 7#gj ,stat4 #ajeh7 7as added by section #d71 by ,june #a of any calendar year1 with the voluntary agreement of ,north ,unit ,irrigation ,district and other ,bureau of ,reclamation contract holders referred to in that paragraph1 the ,secretary may release that quantity of water for the benefit of downstream fish and wildlife as described in section #g of that ,act4 #g4 ,relation to existing laws and statutory obligations ,nothing in this ,act 7or an amendment made by this ,act7-- 7#a7 provides to the ,secretary the authority to store and release the first fill quantities provided for in section #f of the ,act of ,august #f1 #aief 7#gj ,stat4 #ajeh7 7as added by section #d71 for any purposes other than the purposes provided for in that section1 except for-- 7,a7 the potential instream use resulting from conserved water projects and temporary instream leasing as provided for in section #e7;c77#a72 7,b7 the potential release of additional amounts that may result from voluntary actions agreed to through the dry-year management plan developed under section #f7;b72 and 7,c7 the potential release of the #aj1jjj acre feet for downstream fish and wildlife as provided for in section #f7;c72 7#b7 alters any responsibilities under ,oregon ,state law or ,federal law1 including section #g of the ,endangered ,species ,act 7#af ,u4,s4,c4 #aecf72 or 7#c7 alters the authorized purposes of the ,crooked ,river ,project provided in the first section of the ,act of ,august #f1 #aief 7#gj ,stat4 #ajeh2 #gc ,stat4 #eed2 #gh ,stat4 #ied74 ,july #ca1 #bjad,reported without amendment