,,ii #aadth ,,congress #ast ,session ,s4 #afid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjae ,ms4 ,cantwell 7for herself and ,mrs4 ,murray7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend ,public ,law #ajc-dcd to authorize ,phase ,,iii of the ,yakima ,river ,basin ,water ,enhancement ,project for the purposes of improving water management in the ,yakima ,river basin1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act of #bjae4 #b4 ,modification of terms1 purposes1 and definitions 7a7 ,modification of terms 7#a7 ,in general ,title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7,a7 by striking ,yakama ,indian each place it appears and inserting ,yakama2 and 7,b7 by striking ,superintendent each place it appears and inserting ,manager4 7#b7 ,heading amendments ,section #abjd of ,public ,law #ajc-dcd 7#ajh ,stat4 #deee7 is amended-- 7,a7 in the section heading by striking ,indian2 and 7,b7 in subsection 7g71 in the subsection heading1 by striking ,yakama ,indian ,nation and inserting ,yakama ,nation4 7b7 ,modification of purposes ,section #abja of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 to protect1 mitigate1 and enhance fish and wildlife and the recovery and maintenance of self-sustaining harvestable populations of fish and other aquatic life1 both anadromous and resident species1 throughout their historic distribution range in the ,yakima ,basin through-- 7,a7 improved water management and the constructions of fish passage at storage and diversion dams1 as authorized under the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq472 7,b7 improved instream flows and water supplies2 7,c7 improved water quality1 watershed1 and ecosystem function2 7,d7 protection1 creation1 and enhancement of wetlands2 and 7,e7 other appropriate means of habitat improvement2 2 7#b7 in paragraph 7#b71 by inserting 1 municipal1 industrial1 and domestic water supply and use purposes1 especially during drought years1 including reducing the frequency and severity of water supply shortages for pro-ratable irrigation entities before the semicolon at the end2 7#c7 by striking paragraph 7#d72 7#d7 by redesignating paragraph 7#c7 as paragraph 7#d72 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 to authorize the ,secretary to make water available for purchase or lease for meeting municipal1 industrial1 and domestic water supply purposes2 2 7#f7 in paragraph 7#e71 by striking and at the end2 7#g7 in paragraph 7#f71 by striking the period at the end and inserting a semicolon2 and 7#h7 by adding at the end the following3 7#g7 to improve the resilience of the ecosystems1 economies1 and communities in the ,basin as they faced drought1 climate variability1 and climate change1 for the benefit of both the people and the fish and wildlife of the region2 and 7#h7 to authorize and implement the ,yakima ,river ,basin ,integrated ,water ,resources ,management ,plan as ,phase ,,iii of the ,yakima ,river ,basin ,water ,enhancement ,project1 in a balanced approach to maximize benefits to the communities and environment in the ,basin4 4 7c7 ,modification of definitions ,section #abjb of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7#a7 by redesignating paragraphs 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 and 7#ad7 as paragraphs 7#g71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 7#ag71 and 7#ai71 respectively2 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,designated ,federal official ,the term designated ,federal official means the ,commissioner of ,reclamation 7or a designee71 acting pursuant to the charter of the ,conservation ,advisory ,group4 2 7#c7 by inserting after paragraph 7#g7 7as redesignated by paragraph 7#a77 the following3 7#h7 ,management plan ,the term ,management ,plan means the plan described in the document entitled ,final ,programmatic ,environmental ,impact ,statement and ,integrated ,water ,resource ,management ,plan1 ,yakima ,river ,basin1 ,water ,enhancement ,project1 ,benton1 ,kittitas1 ,klickitat1 and ,yakima ,counties1 ,,wa 7#gg ,fed4 ,reg4 #abjgf 7,february #bh1 #bjab774 7#i7 ,municipal1 industrial1 and domestic water supply and use ,the term municipal1 industrial1 and domestic water supply and use means the supply and use of water for-- 7,a7 domestic consumption 7whether urban or rural72 7,b7 maintenance and protection of public health and safety2 7,c7 manufacture1 fabrication1 processing1 assembly1 or other production of a good or commodity2 7,d7 production of energy2 7,e7 fish hatcheries2 or 7,f7 any conservation activity relating to a use described in any of subparagraphs 7,a7 through 7,e74 2 7#d7 by inserting after paragraph 7#ae7 7as redesignated by paragraph 7#a77 the following3 7#af7 ,work ,group ,the term ,work ,group means the work group that-- 7,a7 is identified in section #ij4ch4jaj7b7 of the ,revised ,code of ,washington as responsible for development of the ,management ,plan2 7,b7 includes representatives of-- 7i7 the ,yakama ,nation2 7ii7 ,federal and ,state governments2 7iii7 participating county and city governments2 7iv7 environmental organizations2 and 7v7 irrigation districts2 and 7,c7 is not subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 2 and 7#e7 by inserting after paragraph 7#ag7 7as redesignated by paragraph 7#a77 the following3 7#ah7 ,yakima ,enhancement ,project2 ,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 7including ,public ,law #if-afb 7#ic ,stat4 #abda71 section #aji of ,public ,law #ih-cha 7#af ,u4,s4,c4 #hci;b note2 #ih ,stat4 #acdj71 ,public ,law #aje-fb 7#aaa ,stat4 #acbj71 and ,public ,law #ajf-cgb 7#aad ,stat4 #adbe77 to promote water conservation1 water supply1 habitat1 and stream enhancement improvements in the ,yakima ,river basin4 4 #c4 ,yakima ,river ,basin ,water ,conservation ,program ,section #abjc of ,public ,law #ajc-dcd 7#ajh ,stat4 #deea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking title and inserting section2 and 7,b7 in paragraph 7#b71 by striking irrigation and inserting the number of irrigated acres2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in each of subparagraphs 7,a7 through 7,d71 by striking the comma at the end and inserting a semicolon2 7ii7 in subparagraph 7,e71 by striking the comma at the end and inserting 2 and2 7iii7 in subparagraph 7,f71 by striking ,department of ,wildlife of the ,state of ,washington1 and and inserting ,department of ,fish and ,wildlife of the ,state of ,washington42 and 7iv7 by striking subparagraph 7,g72 7,b7 in paragraph 7#c7-- 7i7 in each of subparagraphs 7,a7 through 7,c71 by striking the comma at the end and inserting a semicolon2 7ii7 in subparagraph 7,d71 by striking 1 and and inserting a semicolon2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,f7 provide recommendations to advance the purposes and programs of the ,yakima ,enhancement ,project4 2 and 7,c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,designated ,federal official ,the designated ,federal official-- 7,a7 shall arrange and provide logistical support for meetings of the ,conservation ,advisory ,group2 7,b7 may use a facilitator to serve as a moderator for meetings of the ,conservation ,advisory ,group or provide additional logistical support2 and 7,c7 shall grant any request for a facilitator by any member of the ,conservation ,advisory ,group4 2 7#c7 in subsection 7d71 by adding at the end the following3 7#d7 ,payment of local share by ,state or ,federal ,government ,the ,state or the ,federal ,government may fund not more than the #ag4e percent local share of the costs of the ,basin ,conservation ,program in exchange for the long-term use of conserved water4 2 7#d7 in subsection 7e71 by striking the first sentence and inserting the following3 ,to participate in the ,basin ,conservation ,program1 as described in subsection 7b71 an entity shall submit to the ,secretary a proposed water conservation plan42 7#e7 in subsection 7i77#c7-- 7,a7 by striking purchase or lease each place it appears and inserting purchase1 lease1 or management2 and 7,b7 in the third sentence1 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 ,group2 and 7#f7 in subsection 7j77#d71 in the first sentence1 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 life1 including pulse flows to facilitate outward migration of anadromous fish4 #d4 ,yakima ,basin water projects1 operations1 and authorizations 7a7 ,yakima ,nation projects ,section #abjd7;a77#b7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #deef7 is amended in the first sentence by striking not more than #bc1jjj1jjj and inserting not more than #di1jjj1jjj1 at ,september #bjjj prices1 plus or minus such amounts as may be justified by reason of ordinary fluctuations of applicable cost indexes14 7b7 ,operation of ,yakima ,basin projects ,section #abje of ,public ,law #ajc-dcd 7#ajh ,stat4 #deeg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 by inserting additional after secure2 7bb7 by striking flushing and inserting pulse2 and 7cc7 by striking uses and inserting uses1 in addition to the quantity of water provided under the treaty between the ,yakama ,nation and the ,united ,states2 7,,ii7 by striking clause 7ii72 7,,iii7 by redesignating clause 7iii7 as clause 7ii72 and 7,,iv7 in clause 7ii7 7as so redesignated7 by inserting and water rights mandated after goals2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 in the first sentence1 by inserting in proportion to the funding received after ,program2 and 7,,ii7 by adding at the end the following3 7iii7 ,calculations and determinations ,the ,yakima ,project ,manager shall-- 7,i7 calculate the total amount of water conserved and acquired2 7,,ii7 determine the amount of water available each year for the purpose of delivering or storing ,project water for instream flows at variable rates 7shaping71 considering ,yakima ,project operational constraints2 and 7,,iii7 in consultation with the ,system ,operations ,advisory ,committee1 determine how and when the available water will be delivered or stored4 7iv7 ,use of certain portion ,the ,yakima ,project ,manager1 in consultation with the ,systems ,operations ,advisory ,committee1 irrigation districts1 and the ,conservation ,advisory ,group1 may acquire1 manage1 and use all or a portion of the irrigation district's #a_/c portion of the saved water resulting from conservation measures taken under this title to increase target flows or otherwise deliver ,yakima ,project water for instream flows4 ,the right to use that water must be acquired by the ,bureau of ,reclamation or the ,state of ,washington1 in partnership with the ,bureau of ,reclamation1 from any willing irrigation district seller through purchase1 donation1 or lease4 ,during drought years1 when the ,yakima ,project proration level is set at #gj percent or less of full entitlement1 the #a_/c portion of the saved water acquired under this title may be used to supplement the irrigation districts' and other entities' water supply under the total water supply available only if the saved water is in priority during that time1 unless provisions are made to the contrary as a condition of purchase4 2 and 7iii7 by striking subparagraph 7,d72 and 7,b7 by striking paragraph 7#f72 7#b7 in subsection 7b7 7as amended by section #b7;a77#a77;,b771 in the second sentence1 by striking instream flows for use by the ,yakima ,project ,manager as flushing flows or as otherwise and inserting fishery purposes1 as2 and 7#c7 in subsection 7e71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,additional purposes of the ,yakima ,project shall be any of the following3 7,a7 ,to recover and maintain self-sustaining harvestable populations of native fish1 both anadromous and resident species1 throughout their historic distribution range in the ,yakima ,basin4 7,b7 ,to protect1 mitigate1 and enhance aquatic life and wildlife4 7,c7 ,recreation4 7,d7 ,municipal1 industrial1 and domestic use4 4 7c7 ,lake ,cle ,elum authorization of appropriations ,section #abjf7;a7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defj7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking at ,september through to-- and inserting such sums as are necessary to--2 7,b7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting the clauses appropriately2 and 7,c7 by striking clause 7iii7 7as so redesignated7 and inserting the following3 7iii7 to conduct feasibility studies and to design1 construct1 operate1 and maintain fish passage facilities1 in addition to any fish passage facilities authorized by section #aji of the ,hoover ,power ,plant ,act of #aihd 7#af ,u4,s4,c4 #hci;b note2 ,public ,law #ih-cha71 as determined to be feasible and appropriate within the ,yakima ,river basin2 plus 2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting the subparagraphs appropriately2 7#c7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,there is hereby and inserting the following3 7#a7 ,in general ,there is 2 and 7#d7 by adding at the end the following3 7#b7 ,cost sharing 7,a7 ,in general ,the ,secretary may accept as part of the non-,federal cost-share1 and expend as if appropriated1 any contribution by the ,state of ,washington or others1 including in-kind services1 that the ,secretary determines will contribute toward the conduct and completion of the work4 7,b7 ,federal share ,the ,federal cost-share for the project shall not exceed #ej percent of the total cost of the projects described in paragraph 7#a74 4 7d7 ,enhancement of water supplies for ,yakima basin tributaries ,section #abjg of ,public ,law #ajc-dcd 7#ajh ,stat4 #defj7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking supplies and inserting management2 7,b7 in paragraph 7#a71 by inserting and water supply entities after owners2 and 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting that choose not to participate or opt out of tributary enhancement projects pursuant to this section after water right owners2 and 7ii7 in subparagraph 7,b71 by inserting nonparticipating before tributary water users2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the paragraph designation and all that follows through 7but not limited to7-- and inserting the following3 7#a7 ,in general ,the ,secretary1 following consultation with the ,state of ,washington1 the ,yakama ,nation1 and on agreement of appropriate water supply entities1 is authorized to conduct studies to evaluate measures to further ,yakima ,project purposes on tributaries to the ,yakima ,river4 ,enhancement programs that use measures authorized by this section may be investigated and implemented by the ,secretary in tributaries1 including ,taneum ,creek1 other areas1 or tributary basins that currently or could potentially be provided supplemental or transfer water by entities1 such as the ,kittitas ,reclamation ,district or the ,yakima-,tieton ,irrigation ,district4 ,measures to evaluate include-- 2 7ii7 by indenting subparagraphs 7,a7 through 7,f7 appropriately2 7iii7 in subparagraph 7,a71 by inserting before the semicolon at the end the following3 1 including irrigation efficiency improvements 7in coordination with programs of the ,department of ,agriculture71 consolidation of diversions or administration1 and diversion scheduling or coordination2 7iv7 by redesignating subparagraphs 7,c7 through 7,f7 as subparagraphs 7,e7 through 7,h71 respectively2 7v7 by inserting after subparagraph 7,b7 the following3 7,c7 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 recharge2 7,d7 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 water2 2 7vi7 in subparagraph 7,e7 7as redesignated by clause 7iv771 by striking ground water and inserting groundwater recharge and2 7vii7 in subparagraph 7,g7 7as redesignated by clause 7iv771 by inserting or transfer after purchase2 and 7viii7 in subparagraph 7,h7 7as redesignated by clause 7iv771 by inserting stream processes and before stream habitats2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the ,taneum ,creek study and inserting studies under this subsection2 7ii7 in subparagraph 7,b7-- 7,i7 by striking and economic and inserting 1 infrastructure1 economic1 and land use2 and 7,,ii7 by striking and at the end2 7iii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,d7 any related studies already underway or undertaken4 2 and 7,c7 in paragraph 7#c71 in the first sentence1 by inserting of each tributary or group of tributaries after study2 7#c7 in subsection 7c71 in the matter preceding paragraph 7#a71 by inserting nonsurface storage and after implement2 7#d7 by striking subsection 7d72 7#e7 by redesignating subsection 7e7 as subsection 7d72 and 7#f7 in paragraph 7#b7 of subsection 7d7 7as so redesignated7-- 7,a7 in the first sentence-- 7i7 by inserting and implementation after investigation2 7ii7 by striking other before ,yakima ,river2 and 7iii7 by inserting and other water supply entities after owners2 and 7,b7 by striking the second sentence4 7e7 ,chandler pumping plant and powerplant operations at ,prosser ,diversion ,dam ,section #abjh7;d7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defb2 #aad ,stat4 #adbe7 is amended by inserting negatively before affected4 7f7 ,interim ,comprehensive ,basin ,operating ,plan ,section #abaj7;c7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defd7 is amended by striking #ajj1jjj and inserting #bjj1jjj1 at ,september #bjad prices14 7g7 ,environmental compliance ,section #abaa of ,public ,law #ajc-dcd 7#ajh ,stat4 #defd7 is amended by inserting 1 at ,september #bjad prices1 after #b1jjj1jjj4 #e4 ,authorization of phase ,,iii of ,yakima ,river ,basin ,water ,enhancement ,project ,title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended by adding at the end the following3 #abac4 ,phase ,,iii grants and cooperative agreements ,the ,secretary may make grants or enter into cooperative agreements with the ,yakama ,nation1 the ,state of ,washington1 ,yakima ,river basin irrigation districts1 water districts1 conservation districts1 other local governmental entities1 nonprofit organizations1 and land owners to carry out this title under such terms and conditions as the ,secretary may require1 including the following purposes3 7#a7 ,land and water transfers1 leases1 and acquisitions from willing participants1 so long as the acquiring entity shall hold title and be responsible for any and all required operations1 maintenance1 and management of that land and water4 7#b7 ,operation and maintenance or management of ,federal land acquired under this title1 in partnership with the ,secretary4 7#c7 ,to combine or relocate diversion points1 remove fish barriers1 or for other activities that increase flows or improve habitat in the ,yakima ,river and its tributaries in furtherance of this title4 7#d7 ,to implement1 in partnership with ,federal and non-,federal entities1 projects to enhance the health and resilience of the watershed1 subject to the condition that if such a grant or cooperative agreement results in a direct benefit to a project beneficiary1 the ,secretary may determine that the costs are reimbursable4 #abad4 ,authorization of phase ,,iii of ,yakima ,river ,basin ,water ,enhancement ,project 7a7 ,management ,plan implementation 7#a7 ,in general ,it is the intent of ,congress that the ,management ,plan shall be implemented in its entirety1 in accordance with applicable laws4 7#b7 ,initial development phase 7,a7 ,in general ,during the ,initial ,development ,phase of the ,management ,plan1 the ,secretary1 in conjunction with the ,state of ,washington and in consultation with the ,work ,group1 shall-- 7i7 complete the planning1 design1 and construction or development of upstream and downstream fish passage facilities at a ,yakima ,project reservoir1 in addition to the ,cle ,elum ,reservoir project described in section #abjf1 pursuant to the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq471 to be identified by the ,work ,group and consistent with the ,management ,plan1 as set forth in the applicable feasibility study or report2 7ii7 negotiate long-term agreements with participating proratable irrigation entities in the ,yakima ,basin for the non-,federal financing1 construction1 operation1 and maintenance of-- 7,i7 new facilities needed to access and deliver inactive storage in ,lake ,kachess for the purpose of providing drought relief for irrigation 7known as the ,kachess ,drought ,relief ,pumping ,plant71 as set forth in the applicable feasibility study or report2 and 7,,ii7 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 7known as the ,k to ,k ,pipeline71 as set forth in the applicable feasibility study or report2 and 7iii7 participate in1 provide funding for1 and accept non-,federal financing for-- 7,i7 water conservation projects1 not subject to the provisions of the ,basin ,conservation ,program described in section #abjc1 that are intended to partially implement the ,management ,plan by providing #he1jjj acre-feet of conserved water to improve tributary and mainstem stream flow2 and 7,,ii7 aquifer storage and recovery projects benefitting all beneficial uses4 7,b7 ,commencement date ,the ,initial ,development ,phase under this paragraph shall commence on the date of enactment of this section4 7#c7 ,intermediate and final phases 7,a7 ,in general ,during the ,intermediate and ,final ,development ,phases of the ,management ,plan1 any project that is determined by ,secretary1 in consultation with the ,state of ,washington and ,work ,group1 to be appropriate to meet the objectives of the ,management ,plan shall be designed and constructed1 subject to authorization and appropriation4 7,b7 ,intermediate phase ,it is the intent of ,congress that the ,intermediate ,development ,phase of the ,management ,plan shall commence not later than #aj years after the date of enactment of this section4 7,c7 ,final phase ,it is the intent of ,congress that the ,final ,development ,phase of the ,management ,plan shall commence not later than #bj years after the date of enactment of this section4 7,d7 ,feasibility contingency ,the ,intermediate and ,final ,development ,phases of the ,management ,plan shall be contingent on feasibility1 as determined by the ,secretary1 in consultation with the ,work ,group1 and in compliance with applicable laws4 7#d7 ,progress report 7,a7 ,in general ,not later than #e years after the date of enactment of this section1 the ,secretary1 in conjunction with the ,state of ,washington and in consultation with the ,work ,group1 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 that shall serve as a supplement to the ,management ,plan4 7,b7 ,requirements ,the progress report under this paragraph shall-- 7i7 provide a review and reassessment1 if needed1 of the objectives of the ,management ,plan1 as applied to all elements of the ,management ,plan2 7ii7 assess1 through performance metrics measured throughout implementation of the ,management ,plan1 the degree to which the ,initial ,phase addresses the objectives and all elements of the ,management ,plan2 7iii7 identify additional projects and activities proposed for inclusion in any future phase of the ,management ,plan to address the objectives of the ,management ,plan1 as applied to all elements of the ,management ,plan2 and 7iv7 for water supply projects-- 7,i7 provide a preliminary discussion of the means by which-- 7aa7 water and costs associated with each recommended project would be allocated among authorized uses2 and 7bb7 those allocations would be consistent with the objectives of the ,management ,plan2 and 7,,ii7 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 participation1 including fiscal obligations associated with subscription4 7b7 ,operation and maintenance of ,kachess ,drought ,relief ,pumping ,plant and ,k to ,k ,pipeline 7#a7 ,use of ,lake ,kachess stored water ,the additional stored water made available by the construction of facilities to access and deliver inactive storage in ,lake ,kachess under subsection 7a77#b77;,a77ii77,i7 shall-- 7,a7 be considered to be ,yakima ,project water2 7,b7 not be part of the total water supply available1 as that term is defined in various court rulings2 and 7,c7 be used exclusively by the ,secretary-- 7i7 to enhance the water supply in years when the total water supply available is not sufficient to provide #gj percent of proratable entitlements in order to make that additional water available up to #gj percent of proratable entitlements to the ,kittitas ,reclamation ,district1 the ,roza ,irrigation ,district1 or other proratable irrigation entities participating in the construction1 operation1 and maintenance costs of the facilities under this title under such terms and conditions to which the districts may agree1 subject to the conditions that-- 7,i7 the ,bureau of ,indian ,affairs1 the ,wapato ,irrigation ,project1 and the ,yakama ,nation1 on an election to participate1 may also obtain water from ,lake ,kachess 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 agree2 and 7,,ii7 the additional supply made available under this subparagraph shall be available to participating individuals and entities in proportion to the proratable entitlements of the participating individuals and entities2 and 7ii7 to facilitate reservoir operations in the reach of the ,yakima ,river between ,keechelus ,dam and ,easton ,dam for the propagation of anadromous fish4 7#b7 ,electrical power associated with ,kachess drought relief pumping plant ,the ,administrator of the ,bonneville ,power ,administration1 pursuant to the ,pacific ,northwest ,electric ,power ,planning and ,conservation ,act 7#af ,u4,s4,c4 #hci et seq471 shall provide to the ,secretary project power to operate the ,kachess ,pumping ,plant constructed under this title whenever inactive storage in ,lake ,kachess is needed to provide drought relief for irrigation4 ,the ,administrator shall provide the power at the then-applicable lowest ,bonneville ,power ,administration rate for public body1 cooperative1 and ,federal agency customers firm obligations1 which as of the date of enactment of this section is the priority firm ,tier #a rate1 and shall not include any irrigation discount4 ,at all other times1 power needed to operate the ,kachess ,pumping ,plant shall be obtained by the ,secretary from a local provider4 ,the cost of power for such pumping1 station service power1 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 water4 ,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 provider4 ,the cost of the power shall be credited to fishery restoration goals of the ,columbia ,river fish and wildlife program4 7c7 ,design and use of groundwater recharge projects 7#a7 ,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-- 7,a7 the water for the aquifer storage and recovery project would not be available for use1 but instead for the development of the project2 7,b7 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 available2 7,c7 the development of the aquifer storage and recovery project will not impair fish or other aquatic life in any localized stream reach2 and 7,d7 the aquifer storage and recovery project is approved by the ,work ,group4 7#b7 ,project types ,the ,secretary may design1 implement1 and otherwise participate in groundwater recharge projects of any of the following #c types3 7,a7 ,aquifer recharge projects designed to redistribute ,yakima ,project water within a water year for the purposes of supplementing stream flow during the irrigation season1 particularly during storage control1 subject to the condition that if such a project is designed to supplement a mainstem reach1 the water supply that results from the project shall be credited to instream flow targets1 in lieu of using the total water supply available to meet those targets4 7,b7 ,aquifer storage and recovery projects that are designed1 within a given water year or over multiple water years-- 7i7 to supplement or mitigate for municipal uses2 7ii7 to supplement municipal supply in a subsurface aquifer2 or 7iii7 to mitigate the effect of groundwater use on instream flow or senior water rights4 7,c7 ,aquifer storage and recovery projects designed to supplement existing irrigation water supply1 or to store water in subsurface aquifers1 for use by the ,kittitas ,reclamation ,district1 the ,roza ,irrigation ,district1 or any other proratable irrigation entity participating in the repayment of the construction1 operation1 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 entitled1 subject to the conditions that-- 7i7 the ,bureau of ,indian ,affairs1 the ,wapato ,irrigation ,project1 and the ,yakama ,nation1 on an election to participate1 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 agree2 and 7ii7 nothing in this subparagraph affects any existing contract1 law 7including regulations7 relating to repayment costs1 or water rights4 7d7 ,federal cost-,share 7#a7 ,in general ,the ,federal cost-share of a project carried out under this section shall be determined in accordance with the applicable laws 7including regulations7 and policies of the ,bureau of ,reclamation4 7#b7 ,initial phase ,the ,federal cost-share for the ,initial ,development ,phase of the ,management ,plan under subsection 7a77#b71 including the reimbursable share to be repaid by non-,federal project contractors1 shall not exceed #ej percent of the total cost of the initial development phase4 7#c7 ,state and other contributions ,the ,secretary may accept as part of the non-,federal cost-share of a project carried out under this section1 and expend as if appropriated1 any contribution 7including in-kind services7 by the ,state of ,washington or any other individual or entity that the ,secretary determines will enhance the conduct and completion of the project4 7e7 ,savings and contingencies ,nothing in this section shall-- 7#a7 be a new or supplemental benefit for purposes of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cij;aa et seq472 7#b7 affect any contract in existence on the date of enactment of the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act of #bjae that was executed pursuant to the reclamation laws2 7#c7 affect any contract or agreement between the ,bureau of ,indian ,affairs and the ,bureau of ,reclamation2 or 7#d7 affect1 waive1 abrogate1 diminish1 define1 or interpret the treaty between the ,yakama ,nation and the ,united ,states4 #abae4 ,operational control of water supplies ,the ,secretary shall retain authority and discretion over the management of project supplies to obtain maximum operational use and flexibility to meet all appropriated and adjudicated water rights4 ,that authority and discretion includes the ability of the ,united ,states to store1 deliver1 conserve1 and reuse water supplies deriving from projects authorized under this title4 4