Sec. 5. Ochoco Irrigation District
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/bill/113/hr/2/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding section 213 of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm ), any landowner within Ochoco Irrigation District in Oregon, may repay, at any time, the construction costs of the project facilities allocated to that landowner’s lands within the district. Upon discharge, in full, of the obligation for repayment of the construction costs allocated to all lands the landowner owns in the district, those lands shall not be subject to the ownership and full-cost pricing limitations of the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplemental to and amendatory of that Act, including the Reclamation Reform Act of 1982 ( 43 U.S.C. 390aa et seq. ).
Upon the request of a landowner who has repaid, in full, the construction costs of the project facilities allocated to that landowner’s lands owned within the district, the Secretary of the Interior shall provide the certification provided for in subsection (b)(1) of section 213 of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm(b)(1) ). On approval of the district directors and notwithstanding project authorizing legislation to the contrary, the district’s reclamation contracts are modified, without further action by the Secretary of the Interior, to— authorize the use of water for instream purposes, including fish or wildlife purposes, in order for the district to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon State law; include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, resulting in a total of approximately 44,937 acres within the district boundary; classify as irrigable approximately 685 acres within the approximately 2,742 acres of included lands in the vicinity of McKay Creek, where the approximately 685 acres are authorized to receive irrigation water pursuant to water rights issued by the State of Oregon and have in the past received water pursuant to such State water rights; and provide the district with stored water from Prineville Reservoir for purposes of supplying up to the approximately 685 acres of lands added within the district boundary and classified as irrigable under paragraphs
(2)and (3), with such stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the State’s issuance of water rights for the use of stored water. Except as otherwise provided in subsections
(a)and (c), nothing in this section shall be construed to— modify contractual rights that may exist between the district and the United States under the district’s Reclamation contracts; amend or reopen the contracts referred to in paragraph (1); or modify any rights, obligations or relationships that may exist between the district and its landowners as may be provided or governed by Oregon State law.
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