,i #aafth ,,congress #ast ,session ,h4 ,r4 #ajdh ,,in ,,the ,,house ,,of ,,representatives ,february #g1 #bjai,mr4 ,newhouse 7for himself and ,ms4 ,schrier7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to authorize phase ,,iii of the ,yakima ,river ,basin ,water ,enhancement ,project1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act4 #b4 ,authorization of phase ,,iii 7a7 ,definitions ,in this section3 7#a7 ,integrated ,plan ,the term ,integrated ,plan means the ,yakima ,river ,basin ,integrated ,water ,resource ,management ,plan1 the ,federal elements of which are known as phase ,,iii of the ,yakima ,river ,basin ,water ,enhancement ,project1 as described in the ,bureau of ,reclamation document entitled ,record of ,decision for the ,yakima ,river ,basin ,integrated ,water ,resource ,management ,plan ,final ,programmatic ,environmental ,impact ,statement and dated ,march #b1 #bjab4 7#b7 ,irrigation entity ,the term irrigation entity means a district1 project1 or ,state-recognized authority1 board of control1 agency1 or entity located in the ,yakima ,river basin that manages and delivers irrigation water to farms in the ,yakima ,river basin4 7#c7 ,proratable irrigation entity ,the term proratable irrigation entity means an irrigation entity that possesses1 or the members of which possess1 proratable water 7as defined in section #abjb of ,public ,law #ajc-dcd 7#ajh ,stat4 #deea774 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means the ,state of ,washington4 7#f7 ,total water supply available ,the term total water supply available has the meaning given the term in applicable civil actions1 as determined by the ,secretary4 7#g7 ,yakima ,river ,basin ,water ,enhancement ,project ,the term ,yakima ,river ,basin ,water ,enhancement ,project means the ,yakima ,river basin water enhancement project authorized by ,congress pursuant to title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej2 #aad ,stat4 #adbe7 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 note71 and ,public ,law #aje-fb 7#aaa ,stat4 #acbj77 to promote water conservation1 water supply1 habitat1 and stream enhancement improvements in the ,yakima ,river basin4 7b7 ,integrated plan 7#a7 ,initial development phase 7,a7 ,in general ,as the initial development phase of the ,integrated ,plan1 the ,secretary1 in coordination with the ,state and the ,yakama ,nation1 shall identify and implement projects under the ,integrated ,plan that are prepared to be commenced during the #aj-year period beginning on the date of enactment of this ,act4 7,b7 ,requirement ,the initial development phase of the ,integrated ,plan under subparagraph 7,a7 shall be carried out in accordance with-- 7i7 this subsection1 including any related plans1 reports1 and correspondence referred to in this subsection2 and 7ii7 title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej2 #aad ,stat4 #adbe74 7#b7 ,intermediate and final development phases 7,a7 ,plans ,the ,secretary1 in coordination with the ,state and the ,yakama ,nation1 shall develop plans for the intermediate and final development phases of the ,integrated ,plan to achieve the purposes of title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej2 #aad ,stat4 #adbe71 including conducting applicable feasibility studies1 environmental reviews1 and other relevant studies required to develop those plans4 7,b7 ,intermediate development phase ,the ,secretary1 in coordination with the ,state and the ,yakama ,nation1 shall develop an intermediate development phase of the ,integrated ,plan1 to commence not earlier than the date that is #aj years after the date of enactment of this ,act4 7,c7 ,final development phase ,the ,secretary1 in coordination with the ,state and the ,yakama ,nation1 shall develop a final development phase of the ,integrated ,plan1 to commence not earlier than the date that is #bj years after the date of enactment of this ,act4 7#c7 ,requirements ,the projects and activities identified by the ,secretary for implementation under the ,integrated ,plan shall be carried out only-- 7,a7 subject to authorization and appropriation2 7,b7 contingent on the completion of applicable feasibility studies1 environmental reviews1 and cost-benefit analyses that include favorable recommendations for further project development2 7,c7 on public review and a determination by the ,secretary that design1 construction1 and operation of a proposed project or activity is in the best interest of the public2 and 7,d7 in accordance with applicable laws1 including-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#d7 ,effect of subsection ,nothing in this subsection-- 7,a7 shall be considered to 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 affects-- 7i7 any contract in existence on the date of enactment of this ,act that was executed pursuant to the reclamation laws2 or 7ii7 any contract or agreement between the ,bureau of ,indian ,affairs and the ,bureau of ,reclamation2 7,c7 affects1 waives1 abrogates1 diminishes1 defines1 or interprets any treaty between the ,yakama ,nation and the ,united ,states2 or 7,d7 constrains the authority of the ,secretary to provide fish passage in the ,yakima ,river basin1 in accordance with the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq474 7#e7 ,progress report ,not later than #e years after the date of enactment of this ,act1 the ,secretary1 in conjunction with the ,state and in consultation with the ,yakama ,nation1 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 ,plan4 7c7 ,financing1 construction1 operation1 and maintenance of ,kachess ,drought ,relief ,pumping ,plant and ,keechelus to ,kachess ,pipeline 7#a7 ,long-term agreements 7,a7 ,in general ,a long-term agreement negotiated pursuant to this section or the reclamation laws between the ,secretary and a participating proratable irrigation entity in the ,yakima ,river basin for the non-,federal financing1 construction1 operation1 or maintenance of the ,drought ,relief ,pumping ,plant or the ,keechelus to ,kachess ,pipeline shall include provisions regarding-- 7i7 responsibilities of each participating proratable irrigation entity for-- 7,i7 the planning1 design1 and construction of infrastructure1 in consultation and coordination with the ,secretary2 and 7,,ii7 the pumping and operational costs necessary to provide the total water supply available that is made inaccessible due to drought pumping during any preceding calendar year1 if the ,kachess ,reservoir fails to refill as a result of pumping drought storage water during such a calendar year2 7ii7 property titles and responsibilities of each participating proratable irrigation entity for the maintenance of1 and liability for1 all infrastructure constructed under title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej2 #aad ,stat4 #adbe72 7iii7 operation and integration of the projects by the ,secretary in the operation of the ,yakima ,project2 and 7iv7 costs associated with the design1 financing1 construction1 operation1 maintenance1 and mitigation of projects1 with the costs of ,federal oversight and review to be nonreimbursable to the participating proratable irrigation entities and the ,yakima ,project4 7,b7 ,treatment ,a facility developed or operated by a participating proratable irrigation entity under this subsection shall not be considered to be a supplemental work for purposes of section #i7;a7 of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe;h7a774 7#b7 ,kachess ,reservoir 7,a7 ,in general ,any additional stored water made available by the construction of a facility to access and deliver inactive and natural storage in ,kachess ,lake and ,reservoir under this subsection-- 7i7 shall be considered to be ,yakima ,project water2 7ii7 shall be used exclusively by the ,secretary to enhance the water supply during years for which the total water supply available is not sufficient to provide a percentage of proratable entitlements in order to make that additional water available1 in a quantity representing not more than #gj percent of proratable entitlements to the ,kittitas ,reclamation ,district1 the ,roza ,irrigation ,district1 or any other proratable irrigation entity participating in the construction1 operation1 or maintenance costs of a facility under this section1 in accordance with such terms and conditions as 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 ,kachess ,reservoir inactive storage to enhance applicable existing irrigation water supply in accordance with such terms and conditions as the ,bureau of ,indian ,affairs and the ,yakama ,nation may agree2 and 7,,ii7 the additional supply made available under this clause shall be available to participating individuals and entities based on-- 7aa7 the proportion that-- 7,,aa7 the proratable entitlement of each participating individual or entity2 bears to 7,,bb7 the proratable entitlements of all participating individuals and entities2 or 7bb7 such other proportion as the participating entities may agree2 and 7iii7 shall not be any portion of the total water supply available4 7,b7 ,effect of paragraph ,nothing in this paragraph affects1 as in existence on the date of enactment of this ,act1 any-- 7i7 contract2 7ii7 law 7including regulations7 relating to repayment costs2 7iii7 water rights2 or 7iv7 treaty right of the ,yakama ,nation4 7#c7 ,project power for ,kachess ,pumping ,plant 7,a7 ,in general ,subject to subparagraphs 7,b7 through 7,d71 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 section if inactive storage in the ,kachess ,reservoir is needed to provide drought relief for irrigation4 7,b7 ,determinations by ,secretary ,the project power described in subparagraph 7,a7 may be provided only if the ,secretary determines that-- 7i7 there are in effect-- 7,i7 a drought declaration issued by the ,state2 and 7,,ii7 conditions that have led to #gj percent or lower water delivery to proratable irrigation districts2 and 7ii7 it is appropriate to provide the power under that subparagraph4 7,c7 ,period of availability ,the power described in subparagraph 7,a7 shall be provided during the period-- 7i7 beginning on the date on which the ,secretary makes the determinations described in subparagraph 7,b72 and 7ii7 ending on the earlier of-- 7,i7 the date that is #a year after that date2 and 7,,ii7 the date on which the ,secretary determines that-- 7aa7 drought mitigation measures are still necessary in the ,yakima ,river basin2 or 7bb7 the power should no longer be provided for any other reason4 7,d7 ,rate 7i7 ,in general ,the ,administrator of the ,bonneville ,power ,administration shall provide project power under subparagraph 7,a7 at the then-applicable lowest ,bonneville ,power ,administration rate for public body1 cooperative1 and ,federal agency customer firm obligations on the date on which the authority is provided4 7ii7 ,no discounts ,the rate under clause 7i7 shall not include any irrigation discount4 7,e7 ,local provider ,during any period for which project power is not provided under subparagraph 7,a71 the ,secretary shall obtain power to operate the ,kachess ,pumping ,plant from a local provider4 7,f7 ,other costs ,the cost of power for pumping and station service1 and the costs of transmitting power from the ,federal ,columbia ,river power system to the pumping facilities of the ,yakima ,river ,basin ,water ,enhancement ,project1 shall be borne by the irrigation districts receiving the benefits of the applicable water4 7,g7 ,duties of ,commissioner ,for purposes of this paragraph1 the ,commissioner of ,reclamation shall arrange transmission for any delivery of-- 7i7 ,federal power over the ,bonneville system through applicable tariff and business practice processes of that system2 or 7ii7 power obtained from any local provider4 7d7 ,design and use of groundwater recharge projects ,the ,secretary1 in coordination with the ,state and the ,yakama ,nation1 may provide technical assistance for1 participate in1 and enter into agreements1 including with irrigation entities for the use of excess conveyance capacity in ,yakima ,river ,basin ,water ,enhancement ,project facilities1 for-- 7#a7 groundwater recharge projects2 and 7#b7 aquifer storage and recovery projects4 7e7 ,operational control of water supplies 7#a7 ,in general ,the ,secretary shall retain authority and discretion over the management of ,yakima ,river ,basin ,water ,enhancement ,project supplies-- 7,a7 to optimize operational use and flexibility2 and 7,b7 to ensure compliance with all applicable ,federal and ,state laws1 treaty rights of the ,yakama ,nation1 and legal obligations1 including those under title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej2 #aad ,stat4 #adbe74 7#b7 ,inclusion ,the authority and discretion described in paragraph 7#a7 shall include the ability of the ,united ,states to store1 deliver1 conserve1 and reuse water supplies deriving from projects authorized under title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej2 #aad ,stat4 #adbe74 7f7 ,cooperative agreements and grants ,the ,secretary may enter into cooperative agreements and make grants to carry out this section1 including for the purposes of land and water transfers1 leases1 and acquisitions from willing participants1 subject to the condition that the acquiring entity shall hold title to1 and be responsible for1 all required operation1 maintenance1 and management of the acquired land or water during any period in which the acquiring entity holds title to the acquired land4 7g7 ,water conservation projects ,the ,secretary may participate in1 provide funding for1 and accept non-,federal financing for water conservation projects1 regardless of whether the projects are in accordance with the ,yakima ,river ,basin ,water ,conservation ,program established under section #abjc of ,public ,law #ajc-dcd 7#ajh ,stat4 #deea71 that are intended to partially implement the ,integrated ,plan by providing conserved water to improve tributary and mainstem stream flow4 7h7 ,indian irrigation projects 7#a7 ,in general ,the ,secretary1 acting through the ,commissioner of ,reclamation1 may contribute funds for the preparation of plans and investigation measures1 and1 after the date on which the ,secretary certifies that the measures are consistent with the water conservation objectives of this section1 to any ,indian irrigation project-- 7,a7 that is located in the ,pacific ,northwest ,region2 7,b7 that is identified in the report of the ,government ,accountability ,office numbered ,,gao-#ae-dec,t2 7,c7 that has been identified as part of a ,bureau of ,reclamation basin study pursuant to subtitle ,f of title ,,ix of ,public ,law #aaa-aa 7#db ,u4,s4,c4 #ajcfa et seq47 to increase water supply for the ,pacific ,northwest ,region2 and 7,d7 an improvement to which would contribute to the flow of interstate water4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ge1jjj1jjj4 #c4 ,modification of purposes and definitions 7a7 ,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 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#h71 respectively2 7#g7 by inserting after paragraph 7#d7 7as redesignated by paragraph 7#d77 the following3 7#e7 to realize sufficient water savings from implementing the ,yakima ,river ,basin ,integrated ,water ,resource ,management ,plan1 so that not less than #he1jjj acre feet of water savings are achieved by implementing the initial development phase of the ,integrated ,plan pursuant to section #b7;b77#a7 of the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act1 in addition to the #afe1jjj acre-feet of water savings targeted through the ,basin ,conservation ,program1 as authorized on ,october #ca1 #aiid2 2 7#h7 in paragraph 7#f7 7as redesignated by paragraph 7#f77-- 7,a7 by inserting an increase in before voluntary2 and 7,b7 by striking and at the end2 7#i7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 to encourage an increase in the use of1 and reduce the barriers to1 water transfers1 leasing1 markets1 and other voluntary transactions among public and private entities to enhance water management in the ,yakima ,river basin2 2 7#aj7 in paragraph 7#h7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7#aa7 by adding at the end the following3 7#i7 to improve the resilience of the ecosystems1 economies1 and communities in the ,yakima ,river basin facing drought1 hydrologic changes1 and other related changes and variability in natural and human systems1 for the benefit of the people1 fish1 and wildlife of the region4 4 7b7 ,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#h71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 7#ag71 and 7#ah71 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 7#g7 ,integrated ,plan ,the term ,integrated ,plan has the meaning given the term in section #b7;a7 of the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act1 to be carried out in cooperation with1 and in addition to1 activities of the ,state of ,washington and the ,yakama ,nation4 2 7#c7 by inserting after paragraph 7#h7 7as redesignated by paragraph 7#a77 the following3 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 water conservation activities relating to a use described in subparagraphs 7,a7 through 7,e74 2 and 7#d7 by inserting after paragraph 7#ae7 7as so redesignated7 the following3 7#af7 ,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 #d4 ,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#a7-- 7i7 in the second sentence1 by striking title and inserting section2 and 7ii7 in the third sentence1 by striking within #e years of the date of enactment of this ,act2 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 of the subparagraph 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 of the subparagraph and inserting a semicolon2 7ii7 in subparagraph 7,d71 by striking 1 and at the end 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 ,project1 including the ,integrated ,plan4 2 and 7,c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,authority of designated ,federal official ,the designated ,federal official may-- 7,a7 arrange and provide logistical support for meetings of the ,conservation ,advisory ,group2 7,b7 use a facilitator to serve as a moderator for meetings of the ,conservation ,advisory ,group or provide additional logistical support2 and 7,c7 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 7,a7 ,in general ,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 water1 subject to the requirement that the funding by the ,federal ,government of the local share of the costs shall provide a quantifiable public benefit in meeting ,federal responsibilities in the ,yakima ,river basin and the purposes of this title4 7,b7 ,use of conserved water ,the ,yakima ,project ,manager may use water resulting from conservation measures taken under this title1 in addition to water that the ,bureau of ,reclamation may acquire from any willing seller through purchase1 donation1 or lease1 for water management uses pursuant to this title4 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 #e4 ,yakima ,basin water projects1 operations1 and authorizations 7a7 ,redesignation of ,yakama ,nation ,section #abjd7;g7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #deeg7 is amended-- 7#a7 by striking the subsection designation and heading and all that follows through paragraph 7#a7 and inserting the following3 7g7 ,redesignation of ,yakama ,indian ,nation to ,yakama ,nation 7#a7 ,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 ,nation4 2 and 7#b7 in paragraph 7#b71 by striking deemed to be a reference to the ,confederated ,tribes and ,bands of the ,yakama ,indian ,nation4 and inserting deemed to be a reference to the ,confederated ,tribes and ,bands of the ,yakama ,nation44 7b7 ,operation of ,yakima ,basin projects ,section #abje of ,public ,law #ajc-dcd 7#ajh ,stat4 #deeg7 is amended-- 7#a7 in subsection 7a77#d7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 by inserting additional after secure2 7,,ii7 by striking flushing and inserting pulse2 and 7,,iii7 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 7ii7 by striking clause 7ii72 7iii7 by redesignating clause 7iii7 as clause 7ii72 and 7iv7 in clause 7ii7 7as so redesignated7 by inserting and water rights mandated after goals2 and 7,b7 in subparagraph 7,b77i71 in the first sentence1 by inserting in proportion to the funding received after ,program2 7#b7 in subsection 7b71 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 ,river basin4 7,b7 ,to protect1 mitigate1 and enhance aquatic life and wildlife4 7,c7 ,recreation4 7,d7 ,municipal1 industrial1 and domestic use4 4 7c7 ,enhancement of water supplies for ,yakima ,basin tributaries ,section #abjg of ,public ,law #ajc-dcd 7#ajh ,stat4 #defj7 is amended-- 7#a7 in the section heading1 by striking ,supplies and inserting ,management2 7#b7 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 in1 or opt out of1 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#c7 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 tributary water right owners1 and the ,yakama ,nation1 and on agreement of appropriate water right owners1 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 subsection may be investigated and implemented by the ,secretary in tributaries to the ,yakima ,river1 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 ,district1 subject to the condition that activities may commence on completion of applicable and required feasibility studies1 environmental reviews1 and cost-benefit analyses that include favorable recommendations for further project development1 as appropriate4 ,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 so redesignated71 by inserting or transfer after purchase2 and 7viii7 in subparagraph 7,h7 7as so redesignated71 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#d7 in subsection 7c7-- 7,a7 in the subsection heading1 by inserting and nonsurface storage after nonstorage2 and 7,b7 in the matter preceding paragraph 7#a71 by inserting and nonsurface storage after nonstorage2 7#e7 by striking subsection 7d72 7#f7 by redesignating subsection 7e7 as subsection 7d72 and 7#g7 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 7d7 ,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