Directs the Secretary of the Interior to establish and administer a Yakima River Basin Water Conservation Program for the purpose of evaluating and implementing measures to improve the availability of water supplies for irrigation and the protection and enhancement of fish and wildlife resources, including wetlands, while improving the quality of water in the Yakima River basin. Authorizes the Secretary to make grants to eligible entities for the purpose of carrying out this Act. Requires the Program to encourage and provide funding assistance for the following phases of water conservation: (1) development of water conservation plans, consistent with specified guidelines discussed below, by individuals and areawide entities; (2) investigation of the feasibility of specific potential water conservation measures identified in the plans; (3) implementation of measures that have been identified in the plans and investigated for feasibility; and (4) post-implementation monitoring and evaluation of implemented measures.
Directs the Secretary to establish the Yakima River Basin Conservation Advisory Group to provide assistance with respect to the Program.
Directs the Secretary to adopt guidelines to be used in the administration of the Program. Sets forth the contents of such guidelines.
Details the manner in which costs of the four phases are to be shared among Federal, State, and local sources.
Requires the coordination of on-farm water management improvements with programs administered by the Secretary of Agriculture and State conservation districts.
Authorizes appropriations to carry out the Program.
Provides for the implementation by the Yakima Indian Nation of: (1) an irrigation demonstration project on the Yakima Indian Reservation that shall provide for the construction of distribution and on-farm irrigation facilities to use water savings resulting from system improvements to the Wapato Irrigation Project; and (2) a Toppenish Creek corridor enhancement project to demonstrate integration of management of agricultural, fish, wildlife, and cultural resources to meet tribal objectives. Authorizes appropriations to the Secretary for initiation, operation, and maintenance of such projects and for implementation of system improvements to the Wapato Irrigation Project.
States that the Program is intended to result in reductions in water diversions allowing for changes in the present operation of the Yakima Federal Reclamation Project to improve instream flows in the Yakima River basin. Details the instream flows the Secretary is required to provide through the Yakima Project Superintendent, allowing flow increases to facilitate anadromous fish migration which, to the extent possible, are obtained through voluntary sale and leasing of water or water rights.
Provides for review and adjustment of the water supply in the Yakima River basin set aside for the instream flows to be provided by the Secretary in order to meet water entitlements.
Dedicates water savings resulting from improvements to the Wapato Irrigation Project to fish, wildlife, and on-reservation irrigation.
Requires water accruing in the additional storage capacity of Lake Cle Elum that is made available pursuant to the modifications discussed below to be: (1) administered in accordance with the laws of the State of Washington; and (2) considered part of the Yakima River basin's water supply. Authorizes releases from other Yakima Project storage facilities to utilize the water described above, except that water deliveries to holders of existing water rights shall not be impaired.
Authorizes appropriations for Chandler Power Canal operations for the delivery of water to the Kennewick Division.
Authorizes appropriations for: (1) modifying the radial gates at Cle Elum Dam to provide additional storage capacity in Lake Cle Elum; (2) providing for shoreline protection of the Lake; (3) constructing juvenile fish passage facilities at the Dam; (4) operation and maintenance responsibilities of the Federal Government for the Dam; and (5) environmental mitigation.
Provides for the enhancement of water supplies for Yakima River Basin tributaries for fish and wildlife and irrigation purposes. Requires a study to determine the measures to be implemented to enhance water supplies for such purposes on Taneum Creek. Authorizes appropriations for such enhancement and for the Taneum Creek study.
Makes implementation of this Act contingent upon compliance by the Secretary with the National Environmental Policy Act of 1969. Authorizes appropriations for environmental compliance activities.
HR 3097 IH
102d CONGRESS
1st Session
H. R. 3097
To authorize certain elements of the Yakima River Basin Water Enhancement
Project, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 1991
Mr. MORRISON of Washington introduced the following bill; which was referred
to the Committee on Interior and Insular Affairs
A BILL
To authorize certain elements of the Yakima River Basin Water Enhancement
Project, 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. PURPOSES.
The purposes of this Act are--
(1) to protect, mitigate, and enhance fish and wildlife through improved
water management, improved instream flows, improved water quality,
protection, creation and enhancement of wetlands, and by other appropriate
means of habitat improvement;
(2) to improve the reliability of water supply for irrigation;
(3) to authorize a Yakima basin water conservation program that will
improve the efficiency of water delivery and use; enhance basin water
supplies; improve water quality; protect, create and enhance wetlands;
and determine the amount of basin water needs that can be met by water
conservation measures;
(4) to encourage voluntary transactions among public and private entities
which result in the implementation of water conservation measures, practices,
and facilities; and
(5) to provide for the implementation by the Yakima Indian Nation of (A)
an irrigation demonstration project on the Yakima Indian Reservation using
water savings from system improvements to the Wapato Irrigation Project, and
(B) a Toppenish Creek corridor enhancement project integrating agricultural,
fish, wildlife, and cultural resources.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term `Basin Conservation Program' means the Yakima River Basin
Water Conservation Program established under section 3(a).
(2) The term `Conservation Advisory Group' means the Yakima River Basin
Conservation Advisory Group established under section 3(c).
(3) The term `Irrigation Demonstration Project' means the Yakima Indian
Reservation Irrigation Demonstration Project authorized in section 4(b).
(4) The term `on-district storage' means small water storage facilities
located within the boundaries of an irrigation entity, including reregulating
reservoirs, holding ponds, or other new storage methods which allow for
efficient water use.
(5) The term `Secretary' means the Secretary of the Interior.
(6) The term `Toppenish Enhancement Project' means the Toppenish Creek
corridor enhancement project authorized by section 4(c).
(7) The term `Yakima Project Superintendent' means the individual designated
by the Regional Director, Pacific Northwest Region, Bureau of Reclamation,
to be responsible for the operation and management of the Yakima Federal
Reclamation Project, Washington.
SEC. 3. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.
(a) ESTABLISHMENT- The Secretary, in consultation with the State of
Washington, the Yakima Indian Nation, Yakima River Basin irrigators, and
other interested parties, shall establish and administer a Yakima River Basin
Water Conservation Program for the purpose of evaluating and implementing
measures to improve the availability of water supplies for irrigation and
the protection and enhancement of fish and wildlife resources, including
wetlands, while improving the quality of water in the Yakima Basin. The
Secretary may make grants to eligible entities for the purposes of carrying
out this Act under such terms and conditions as the Secretary may require.
(b) FOUR PHASES OF PROGRAM- The Basin Conservation Program shall encourage
and provide funding assistance for four phases of water conservation,
which shall consist of the following:
(1) The development of water conservation plans, consistent with guidelines
developed pursuant to subsection (d), by irrigation districts, conservation
districts, water purveyors, other areawide entities, and individuals not
included within an areawide entity.
(2) The investigation of the feasibility of specific potential water
conservation measures identified in conservation plans.
(3) The implementation of measures that have been identified in conservation
plans and have been investigated for feasibility.
(4) Post implementation monitoring and evaluation of implemented measures.
(c) CONSERVATION ADVISORY GROUP- (1) Not later than 12 months after the date
of enactment of this Act, the Secretary, in consultation with the State
of Washington, the Yakima Indian Nation, Yakima River basin irrigators,
and other interested and related parties, shall establish the Yakima River
Basin Conservation Advisory Group.
(2) Members of the Conservation Advisory Group shall be appointed by the
Secretary and shall be comprised of--
(A) two representatives of the Yakima River basin irrigators,
(B) one representative of the Yakima Indian Nation,
(C) one representative of counties and cities in the Yakima River basin, and
(D) one representative of environmental interests.
(3) The Conservation Advisory Group shall--
(A) provide recommendations to the Secretary regarding the structure and
implementation of the Basin Conservation Program,
(B) assist in the preparation of guidelines for the Basin Conservation
Program, as provided for in subsection (d),
(C) structure a process to integrate specific water conservation measures
into a basin conservation plan,
(D) provide annual review of the implementation of the guidelines, and
(E) provide recommendations consistent with State statutes on rules,
regulations, and administration of a process to facilitate the voluntary
sale or lease of water.
The Conservation Advisory Group shall terminate 5 years after the date of
its establishment unless extended by the Secretary.
(d) GUIDELINES- The Secretary, in cooperation with the State of Washington,
the Yakima Indian Nation, Yakima River basin irrigators, and other related
agencies, shall, within 12 months after the Conservation Advisory Group
is appointed, adopt guidelines to be used in the administration of the
Basin Conservation Program. The Secretary shall establish the guidelines
in consultation with the Conservation Advisory Group. The Secretary shall
submit a detailed report to the Committee on Energy and Natural Resources
of the Senate, the Committee on Interior and Insular Affairs of the House
of Representatives, and the Governor of the State of Washington on the
guidelines. At least 60 days prior to the submission of the report on
guidelines, the Secretary shall make a draft of such report available to
the State of Washington, the Yakima Indian Nation, Yakima River basin
irrigators, related agencies, and the public, and establish procedures
for timely comments thereon. The Secretary shall include a summary of
such comments as an appendix to such report. The guidelines shall to the
extent possible be consistent with State funding processes, regulations,
and guidelines and shall contain, at a minimum, the following:
(1) Standards for the scope and content of water conservation plans and
for feasibility studies of specific measures.
(2) Eligibility requirements for funding of proposals for conservation
plan development, investigation of measures, and implementation.
(3) Criteria for evaluating and prioritizing proposals for development
of conservation plans and investigation of potential measures and
implementation, including--
(A) the availability of information on water diversions and use in the
area for which the measures are proposed;
(B) information to be gained and applicability to other areas and programs
in the Yakima basin;
(C) cost-effectiveness and availability of non-Federal funding;
(D) the amount of reduced diversions and timing in relation to present
diversions;
(E) the extent to which each measure will contribute to improved availability
and reliability of the water supply of the Yakima River basin;
(F) post implementation monitoring and evaluation;
(G) a plan to mitigate adverse environmental effects;
(H) the extent to which proposed measures incorporate the testing of
innovative water management techniques and technology;
(I) the extent to which proposed measures contribute to the maintenance
of the economic viability of agriculture;
(J) consistency with applicable laws and Federal, State, tribal, and Yakima
River basin water resource policies, goals, and objectives;
(K) the existence of or willingness of irrigation entities and other
Basin Conservation Program participants to adopt procedures providing for
incremental water pricing; and
(L) willingness to permanently restrict annual water diversions to a
mutually agreed quantity in recognition of securing funding from and
accomplishments of the Basin Conservation Program.
(4) Institutional and economic incentives to increase conservation and to
promote more efficient use of water, which shall include the specification of
procedures for the voluntary transfer of water within the Yakima River basin.
(5) Procedures for administration and allocation of funds from the Basin
Conservation Program.
(6) Oversight of the Basin Conservation Program and consultation
requirements.
(e) COST SHARING- (1) Costs incurred in the four phases of the Basin
Conservation Program shall be shared as follows:
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Program
Phase Non-Federal
Federal Grant
State
Grant
Local
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1. Development of water conservation
plans 50% but not more than
$200,000 per recipient (Residual amount if any)
50%
2. Investigation of specific water conservation measures 50%
but sum of 1 and 2 not greater than $200,000 per recipient 20% after
deducting state funds for Item 2 Residual amount after deducting state and
local funds for Item 2
3 and 4. Implementation and post implementation monitoring and evaluation
35% 30%
35%
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(2) Water and water related resource improvements implemented in the Yakima
River basin subsequent to and independent of this Act which utilize funding
from the Bonneville Power Administration under the Pacific Northwest
Electric Power Planning and Conservation Act of 1980 (94 Stat. 2697) to
enhance fishery resources, and independent water related improvements of
the State of Washington and other public and private entities to improve
irrigation water use, water supply, and water quality, shall be treated
as non-Federal cost share expenditures under this Act for purposes of the
implementation and post-implementation monitoring and evaluation phases
of the Basin Conservation Program. Such expenditures shall be limited to
50 percent of the non-Federal portion of the total costs incurred in the
implementation and post-implementation monitoring and evaluation phases
of the Basin Conservation Program, and such expenditures shall reduce the
total amount of the non-Federal cost share required for such phases.
(3) Costs of the Basin Conservation Program related to projects on the Yakima
Indian Reservation are a Federal responsibility and shall be nonreimbursable
and not subject to the cost-sharing provisions of this subsection.
(f) PUBLIC REVIEW- Water conservation plans recommended for funding through
the Basin Conservation Program shall be made available to the public for
a period of at least 30 days for review and comment prior to submission
to the Secretary. A summary of such comments shall be included with the
recommendation of the Conservation Advisory Group upon transmittal to
the Secretary.
(g) MEASURES- (1) Measures considered for implementation in the Basin
Conservation Program may include, among others, conveyance and distribution
system monitoring, automation of water conveyance systems, lining and
piping of water conveyance and distribution systems, on-district storage,
electrification of hydraulic turbines, tail-water recycling, consolidation
of irrigation systems, irrigation scheduling, and improvement of on-farm
water application systems. Basin Conservation Program funds may also be
used throughout all four phases of the Conservation Program to mitigate
for adverse impacts of program measures.
(2) In addition to implementing existing technologies, the Secretary
shall encourage the testing of innovative water conservation measures. The
Secretary shall, to the maximum extent possible under Federal and State
law, cooperate with the State of Washington to facilitate water and water
right transfers, water banking, dry year options, the sale and leasing of
water, and other innovative allocation tools used to maximize the utility
of existing Yakima River basin water supplies.
(3) The Secretary may, consistent with State law, use funds appropriated to
carry out this section for the purchase or lease of land, water, or water
rights from any entity or individual willing to limit or forego water use
on a temporary or permanent basis.
(4) On-farm water management improvements shall be coordinated with
programs administered by the Secretary of Agriculture and State conservation
districts.
(h) AUTHORIZATION OF APPROPRIATIONS- There is hereby authorized to be
appropriated to the Secretary, at September 1990 prices, plus or minus such
amounts as may be justified by reason of ordinary fluctuations of applicable
cost indexes, the following amounts for the Basin Conservation Program:
(1) $1,000,000 for the development of water conservation plans.
(2) $4,000,000 for investigation of specific potential water conservation
measures identified in conservation plans for consideration for implementing
through the Basin Conservation Program.
(3) Up to $67,500,000 for implementation, post-implementation monitoring
and evaluation of measures, and addressing environmental impacts.
(4) Up to $6,000,000 for the initial acquisition of water from willing
sellers or lessors specifically to provide instream flows for interim
periods to facilitate the outward migration of anadromous fish. Such funds
shall not be subject to the cost sharing provisions of subsection (e).
(5) $100,000 annually for the establishment and support of the Conservation
Advisory Group during its duration. Such funds shall be available for travel
and per diem, rental of meeting rooms, typing, printing and mailing, and
associated administrative needs. The Secretary and the State of Washington
shall provide appropriate staff support to the Conservation Advisory Group.
SEC. 4. YAKIMA INDIAN NATION.
(a) WAPATO IRRIGATION PROJECT IMPROVEMENTS AND APPROPRIATIONS- (1) Proposed
system improvements to the Wapato Irrigation Project pursuant to this Act
shall be coordinated with the Bureau of Indian Affairs.
(2) Upon preparation of plans and investigation of measures for system
improvements to the Wapato Irrigation Project and following the Secretary's
certification that such measures are consistent with the guidelines
developed pursuant to section 3(d), there is authorized to be appropriated
to the Secretary not more than $10,000,000 for the implementation of such
improvements. Funding for further improvements within the Wapato Irrigation
Project may be acquired under the Basin Conservation Program.
(3) Water savings resulting from irrigation system improvements shall be
available for use by the Yakima Indian Nation for irrigation and other
purposes on the reservation and for protection and enhancement of fish
and wildlife within the Yakima River basin. The conveyance of such water
through irrigation facilities other than the Wapato Irrigation Project
shall be on a voluntary basis.
(b) IRRIGATION DEMONSTRATION PROJECT APPROPRIATIONS- (1) There is hereby
authorized to be appropriated to the Secretary at September 1990 prices, plus
or minus such amounts as may be justified by reason of ordinary fluctuations
of applicable cost indexes, $8,500,000 for the design and construction of
the Yakima Indian Reservation Irrigation Demonstration Project. There is
also authorized to be appropriated to the Secretary such sums as may be
necessary for the operation and maintenance of the Irrigation Demonstration
Project including funds for administration, training, equipment, materials,
and supplies for the period specified by the Secretary. Funds may not
be made available under this subsection until the Yakima Indian Nation
obtains the concurrence of the Secretary in the construction, management,
and administrative aspects of the Irrigation Demonstration Project.
(2) The Irrigation Demonstration Project shall provide for the construction
of distribution and on-farm irrigation facilities to use water savings
resulting from the Wapato Irrigation Project system improvements for--
(A) demonstrating cost-effective state of the art irrigation water management
and conservation,
(B) the training of tribal members in irrigation methods, operation,
and management, and
(C) upgrading existing hydroelectric facilities and construction of
additional hydroelectric facilities on the reservation to meet irrigation
pumping power needs.
(c) TOPPENISH CREEK CORRIDOR ENHANCEMENT PROJECT APPROPRIATIONS- There is
hereby authorized to be appropriated to the Secretary $1,500,000 for the
further investigation by the Yakima Indian Nation of measures to develop
a Toppenish Creek corridor enhancement project to demonstrate integration
of management of agricultural, fish, wildlife, and cultural resources
to meet tribal objectives and such amount as the Secretary subsequently
determines is necessary for implementation. There is also authorized to
be appropriated to the Secretary such sums as may be necessary for the
operation and maintenance of the Toppenish Enhancement Project.
(d) REPORT- Within 5 years of the implementation of the Irrigation
Demonstration Project and the Toppenish Enhancement Project, the Secretary,
in consultation with the Yakima Indian Nation, shall report to the Committee
on Energy and Natural Resources of the Senate, the Committee on Interior
and Insular Affairs of the House of Representatives, and the Governor of
the State of Washington on the effectiveness of the conservation, training,
mitigation, and other measures implemented.
(e) STATUS OF IMPROVEMENTS AND FACILITIES- The Wapato Irrigation Project
system improvements and any specific irrigation facility of the Irrigation
Demonstration Project and the Toppenish Enhancement Project shall become
features of the Wapato Irrigation Project.
(f) TREATMENT OF CERTAIN COSTS- Costs related to Wapato Irrigation
Project improvements, the Irrigation Demonstration Project, and the
Toppenish Enhancement Project shall be a Federal responsibility and are
nonreimbursable and nonreturnable.
SEC. 5. OPERATION OF YAKIMA BASIN PROJECTS.
(a) WATER SAVINGS FROM BASIN CONSERVATION PROGRAM- (1) The Basin Conservation
Program is intended to result in reductions in water diversions allowing for
changes in the present operation of the Yakima Project to improve streamflow
conditions in the Yakima River basin. Commencing with the enactment of this
Act, the Secretary shall, through the Yakima Project Superintendent, (A)
continue to estimate the water supply which is anticipated to be available
to meet water entitlements; and (B) provide instream flows in accordance
with the following criteria.
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Water Supply Estimate for
Period (million acre feet):
Target Flow from Date of Estimate thru October
Downstream of (cubic feet per second):
April thru
September May
thru September
June thru
September July
thru September
Sunnyside
Diversion
Dam Prosser
Diversion Dam
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)
3.2
2.9
2.4
1.9
600
600
(2)
2.9
2.65
2.2
1.7
500
500
(3)
2.65
2.4
2.0
1.5
400
400
Less than line 3 water supply
300 300
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The figures in the water supply columns shall hereafter in this section be
referred to as `full supply'.
(2) The instream flows represent target flows at the respective
points. Reasonable fluctuations from these target flows are anticipated
in the operation of the Yakima Project.
(3) The instream flows may be increased for interim periods during any month
of April through October to facilitate the outward migration of anadromous
fish. To the extent possible, increased instream flows for such interim
periods shall be obtained through voluntary sale and leasing of water or
water rights.
(4) The Secretary, in cooperation with the State of Washington, the
Yakima Indian Nation, and Yakima River basin irrigators, shall not less
than every fifth year after the completion of the first measure of the
Basin Conservation Program, review the components which comprise the
full supply. If the actual supply reflects an increase in relation to the
quantity required to meet irrigation water entitlements and a reduction in
water diversions which is attributed to the Basin Conservation Program,
the full supply figures shown in the criteria tabulation may be adjusted
downward as mutually determined and the Yakima Project shall be operated
by the Yakima Project Superintendent in accordance with such adjusted
criteria. Water savings resulting from improvements to the Wapato Irrigation
Project shall be dedicated to fish, wildlife, and on reservation irrigation.
(5) Operational procedures and processes in the Yakima River basin which
have or may be implemented through judicial actions shall not be impacted
by this Act.
(b) WATER FROM LAKE CLE ELUM- Water accruing in the additional storage
capacity of Lake Cle Elum, made available pursuant to the modifications
authorized in section 6(a), shall be administered in accordance with the
laws of the State of Washington, and considered a part of the basin's water
supply as provided in section 5(a). Releases may be made from other Yakima
Project storage facilities to most effectively utilize this additional
water, except that water deliveries to holders of existing water rights
shall not be impaired.
(c) STATUS OF BASIN CONSERVATION PROGRAM FACILITIES- Measures of the Basin
Conservation Program which are implemented on facilities currently under
the administrative jurisdiction of the Secretary, except as provided in
section 4, shall be considered features of the Yakima River Basin Water
Enhancement Project, and their operation and maintenance shall be integrated
and coordinated with other features of the existing Yakima Project. The
responsibility for operation and maintenance and the related costs shall
remain with the current operating entity. As appropriate, the Secretary
shall incorporate the operation and maintenance of such facilities into
existing agreements. The Secretary shall assure that such facilities are
operated in a manner consistent with Federal and State law and in accordance
with water rights recognized pursuant to State and Federal law.
(d) WATER ACQUIRED BY PURCHASE AND LEASE- Water acquired from voluntary
sellers and lessors shall be administered in accordance with the laws of
the State of Washington, including Chapter 90.38 Revised Code of Washington.
(e) APPROPRIATION FOR CHANDLER POWER CANAL OPERATIONS- There is hereby
authorized to be appropriated to the Secretary $480,000 at September 1990
prices, plus or minus such amounts as may be justified by reason of ordinary
fluctuations of applicable cost indexes, for facilities to automate the
headgate, wasteways, and trashrack of the Chandler Power Canal to maintain
operating controls for the delivery of water to the Kennewick Division as
the provisions of subsection (a) are implemented.
SEC. 6. LAKE CLE ELUM AUTHORIZATION OF APPROPRIATIONS.
(a) MODIFICATIONS AND IMPROVEMENTS- There is hereby authorized to be
appropriated to the Secretary--
(1) at September 1990 prices, plus or minus such amounts as may be justified
by reason of ordinary fluctuation of applicable indexes, $2,934,000 to--
(A) modify the radial gates at Cle Elum Dam to provide an additional 14,600
acre-feet of storage capacity in Lake Cle Elum,
(B) provide for shoreline protection of Lake Cle Elum, and
(C) construct juvenile fish passage facilities at Cle Elum Dam, plus
(2) such additional amounts as may be necessary which may be required for
environmental mitigation.
(b) OPERATION AND MAINTENANCE APPROPRIATIONS- There is hereby authorized
to be appropriated to the Secretary such sums as may be necessary for
that portion of the operation and maintenance of Cle Elum Dam determined
by the Secretary to be a Federal responsibility.
SEC. 7. ENHANCEMENT OF WATER SUPPLIES FOR YAKIMA BASIN TRIBUTARIES.
(a) GENERAL PROVISIONS- The following shall be applicable to the
investigation and implementation of measures to enhance water supplies
for fish and wildlife and irrigation purposes on tributaries of the Yakima
River basin:
(1) An enhancement program undertaken in any tributary shall be contingent
upon the agreement of appropriate water right owners to participate.
(2) The enhancement program shall not impair (A) the water rights of any
water right owners in the tributary; (B) the capability of tributary water
users to divert, convey, and apply water; and (C) existing water and land
uses within the tributary area.
(3) The water supply for tributary enhancement shall be administered in
accordance with the laws of the State of Washington.
(4) Any enhancement program shall be predicated upon the availability of
a dependable water supply.
(b) STUDY- (1) The Secretary, following consultation with the State
of Washington, the tributary water right owners, and the Yakima Indian
Nation, and agreement of appropriate water right owners to participate,
shall conduct a study concerning the measures that can be implemented to
enhance water supplies for fish and wildlife and irrigation purposes on
Taneum Creek, including (but not limited to)--
(A) water use efficiency improvements;
(B) the conveyance of water from the Yakima Project through the facilities
of any irrigation entity willing to contract with the Secretary without
adverse impact to water users;
(C) the construction, operation, and maintenance of ground water withdrawal
facilities;
(D) contracting with any entity that is willing to voluntarily limit or
forego present water use through lease or sale of water or water rights
on a temporary or permanent basis;
(E) purchase of water rights from willing sellers; and
(F) other measures compatible with the purposes of this Act, including
restoration of stream habitats.
(2) In conducting the Taneum Creek study, the Secretary shall consider--
(A) the hydrologic and environmental characteristics;
(B) the engineering and economic factors relating to each measure; and
(C) the potential impacts upon the operations of present water users in
the tributary and measures to alleviate such impacts.
(3) The Secretary shall make available to the public for a 45-day comment
period a draft report describing in detail the findings, conclusions, and
recommendations of the study. The Secretary shall consider and include any
comment made in developing a final report. The Secretary's final report
shall be submitted to the Committee on Energy and Natural Resources of
the Senate, the Committee on Interior and Insular Affairs of the House
of Representatives, and the Governor of the State, and made available to
the public.
(c) IMPLEMENTATION OF NONSTORAGE MEASURES- After securing the necessary
permits the Secretary may, in cooperation with the Department of Ecology
of the State of Washington and in accordance with the laws of the State of
Washington, implement nonstorage measures identified in the final report
under subsection (b) upon fulfillment of the following conditions:
(1) The Secretary shall enter into an agreement with the appropriate water
right owners who are willing to participate, the State of Washington, and
the Yakima Indian Nation, for the use and management of the water supply
to be provided by proposed tributary measures pursuant to this section.
(2) The Secretary and the State of Washington find that the implementation
of the proposed tributary measures will not impair the water rights of
any person or entity in the affected tributary.
(d) OTHER YAKIMA RIVER BASIN TRIBUTARIES- Similar enhancement programs
may be investigated and implemented by the Secretary in other tributaries
contingent upon the agreement of the appropriate tributary water right
owners to participate. The provisions set forth in this section shall be
applicable to such programs.
(e) AUTHORIZATION OF APPROPRIATIONS- (1) There is hereby authorized to
be appropriated to the Secretary $500,000 for the study of the Taneum
Creek Project and such amount as the Secretary subsequently determines is
necessary for implementation of tributary measures pursuant to this section.
(2) There is also authorized to be appropriated to the Secretary such
funds as the Secretary determines are necessary for the investigation
of similar enhancement programs in other Yakima River basin tributaries
contingent upon the agreement of the appropriate water right owners to
participate. Funds for the implementation of any similar enhancement
program shall be appropriated to the Secretary following the submittal of
an investigation report to the appropriate congressional committees.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
(a) NEPA- Implementation of the provisions of this Act is contingent
upon compliance by the Secretary with the provisions of the National
Environmental Policy Act of 1969.
(b) AUTHORIZATION OF APPROPRIATIONS- There are hereby authorized to be
appropriated to the Secretary $2,000,000 for environmental compliance
activities including the conduct, in cooperation with the State of
Washington, of an inventory of wildlife and wetland resources in the Yakima
River basin and an investigation of measures including `wetland banking',
which could be implemented to address potential impacts which could result
from the activities taken under this Act.
SEC. 9. SAVINGS PROVISIONS.
Nothing in this Act shall be construed to--
(1) affect or modify any treaty or other right of the Yakima Indian Nation;
(2) authorize the appropriation or use of water by any Federal, State, or
local agency, the Yakima Indian Nation, or any other entity or individual,
except as provided under applicable laws of the State of Washington;
(3) impair the rights of jurisdictions of the United States, the States,
the Yakima Indian Nation, or other entities over waters of any river or
stream or over any groundwater resource;
(4) alter, amend, repeal, interpret, modify, or be in conflict with any
interstate compact made by the States;
(5) alter, establish, or impair the respective rights of States, the United
States, the Yakima Indian Nation, or any other entity or individual with
respect to any water or water-related right;
(6) alter, diminish, or abridge the rights and obligations of any Federal,
State, or local agency, the Yakima Indian Nation, or other entity, public
or private;
(7) affect or modify the rights of the Yakima Indian Nation or its successors
in interest to water resources arising within the external boundaries of
the Yakima Indian Reservation;
(8) affect or modify the settlement agreement between the United States and
the State of Washington filed in Yakima County Superior Court with regard
to Federal reserved water rights other than those rights reserved by the
United States for the benefit of the Yakima Indian Nation and its members; or
(9) affect or modify the rights of any Federal, State, or local agency, the
Yakima Indian Nation, or any other entity, public or private with respect
to any unresolved and unsettled claims in any water right adjudications,
including State against Acquavella, or constitute evidence in any such
proceeding in which any water or water related right is adjudicated.
Introduced in House
Introduced in House
Referred to the House Committee on Interior and Insular Affairs.
Referred to the Subcommittee on Water, Power and Offshore Energy Resources.
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