Sec. 4. Additional provisions

923 words·~4 min read·/bill/113/hr/2640/eas/section-4

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The Act of August 6, 1956 (70 Stat. 1058; 73 Stat. 554; 78 Stat. 954), is amended by adding at the end the following: Other than the 10 cubic feet per second release provided for in section 4, and subject to compliance with the flood curve requirements of the Corps of Engineers, the Secretary shall, on a first fill priority basis, store in and when called for in any year release from Prineville Reservoir, whether from carryover, infill, or a combination of both, the following:

Not more than 68,273 acre-feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011. Not more than 2,740 acre-feet of water annually to supply the McKay Creek land, in accordance with section 5 of the Crooked River Collaborative Water Security and Jobs Act of 2014 . Not more than 10,000 acre-feet of water annually, to be made available first to the North Unit Irrigation District, and subsequently to any other holders of Reclamation contracts existing as of January 1, 2011 (in that order) pursuant to Temporary Water Service Contracts, on the request of the North Unit Irrigation District or the contract holders, consistent with the same terms and conditions as prior such contracts between the Bureau of Reclamation and District or contract holders, as applicable.

Not more than 5,100 acre-feet of water annually to mitigate the City of Prineville groundwater pumping under section 4, with the release of this water to occur not based on an annual call, but instead pursuant to section 4 and the release schedule developed pursuant to section 7(b). Except for water that may be called for and released after the end of the irrigation season (either as City of Prineville groundwater pumping mitigation or as a voluntary release, in accordance with section 4 of this Act and section 6(c) of the Crooked River Collaborative Water Security and Jobs Act of 2014 , respectively), any water stored under this section that is not called for and released by the end of the irrigation season in a given year shall be— carried over to the subsequent water year, which, for accounting purposes, shall be considered to be the 1-year period beginning October 1 and ending September 30, consistent with Oregon State law; and accounted for as part of the first fill storage quantities of the subsequent water year, but not to exceed the maximum first fill storage quantities described in subsection (a).

The Secretary shall store in and release from Prineville Reservoir sufficient quantities of remaining stored quantities to be released pursuant to the annual release schedule under subsection

(b)and to provide instream flows consistent, to the maximum extent practicable, with the recommendations for in-channel strategies in the plan prepared by the Northwest Power and Conservation Council entitled Deschutes Subbasin Plan and dated March 24, 2005, for flow between Bowman Dam and Lake Billy Chinook. In calculating the quantity of released water under paragraph (1), the Secretary shall— comply with the flood curve requirements of the Corps of Engineers; and credit toward the requirements of paragraph

(1)the instream flow benefits provided by— the quantities released under section 4; the first fill quantities released under section 6; and any quantities released to comply with the flood curve requirements of the Corps of Engineers. If a consultation conducted under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or an order of a court in a proceeding under that Act requires releases of stored water from Prineville Reservoir for fish and wildlife downstream of Bowman Dam, the Secretary shall use uncontracted water under paragraph (1). All releases and downstream uses authorized under paragraph

(1)shall be in accordance with Oregon State water law. The Commissioner of Reclamation, in consultation with the Assistant Administrator of Fisheries of the National Marine Fisheries Service and the Director of the United States Fish and Wildlife Service, shall develop annual release schedules for the remaining stored water quantities (including the quantities described in subsection

(a)and the water serving as mitigation for City of Prineville groundwater pumping pursuant to section 4) that maximizes, to the maximum extent practicable, benefits to downstream fish and wildlife. Any water stored under subsection

(a)in 1 water year that is not released during the water year— shall be carried over to the subsequent water year; and may be released for downstream fish and wildlife resources, consistent with subsection (b), until the reservoir reaches maximum capacity in the subsequent water year; and once the reservoir reaches maximum capacity under subparagraph (A), shall be credited to the first fill storage quantities, but not to exceed the maximum first fill storage quantities described in section 6(a). Nothing in this section affects the authority of the Commissioner of Reclamation to perform all other traditional and routine activities associated with the Crooked River Project. The Commissioner of Reclamation shall— project reservoir water levels over the course of the year; and make the projections under paragraph

(1)available to— the public (including fisheries groups, recreation interests, and municipal and irrigation stakeholders); the Assistant Administrator of Fisheries of the National Marine Fisheries Service; and the Director of the United States Fish and Wildlife Service. Except as otherwise provided in this Act, nothing in this Act— modifies contractual rights that may exist between contractors and the United States under Reclamation contracts; amends or reopens contracts referred to in paragraph (1); or modifies any rights, obligations, or requirements that may be provided or governed by Federal or Oregon State law. .

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