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Code · BILL · 113th Congress · S. 1771 (Introduced in Senate) — To amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City... · Sec. 4

Sec. 4. Additional provisions

973 words·~4 min read·/bill/113/s/1771/is/section-4

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The Act entitled An Act to authorize construction by the Secretary of the Interior of the Crooked River Federal reclamation project, Oregon , approved August 6, 1956 (70 Stat. 1058; chapter 980; 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: 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 Act of 2013 . 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. 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(c).
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 Act of 2013 , 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).
Other than the quantities provided for in section 4 and the first fill quantities provided for in section 6, and subject to compliance with the flood curve requirements of the Corps of Engineers, the Secretary shall store in and release from Prineville Reservoir all remaining stored water quantities for the benefit of downstream fish and wildlife. The Secretary shall release the remaining stored water quantities under paragraph
(1)consistent with subsection (c). If a consultation 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 stored water. The Commissioner of Reclamation shall develop annual release schedules for the remaining stored water quantities in subsection
(a)and the water serving as mitigation for City of Prineville groundwater pumping pursuant to section 4. To the maximum extent practicable and unless otherwise prohibited by law, the Commissioner of Reclamation shall develop and implement the annual release schedules consistent with the guidance provided by the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon to maximize biological benefit for downstream fish and wildlife, after taking into consideration multiyear water needs of downstream fish and wildlife. The National Marine Fisheries Service and the United States Fish and Wildlife Service shall have the opportunity to provide advice with respect to, and comment on, the annual release schedule developed by the Commissioner of Reclamation under this subsection. The Commissioner of Reclamation shall perform traditional and routine activities in a manner that coordinates with the efforts of the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon to monitor and request adjustments to releases for downstream fish and wildlife on an in-season basis as the Confederated Tribes of the Warm Springs Reservation of Oregon and the State of Oregon determine downstream fish and wildlife needs require. 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 subsections
(c)and (d), until the reservoir reaches maximum capacity in the subsequent water year; and once the reservoir reaches maximum capacity under clause (i), 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 of the Commissioner of Reclamation. 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 Director 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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  • 73 Stat. 554
  • 78 Stat. 954
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Sec. 4
Additional provisions
Stat.73 Stat. 554
Stat.78 Stat. 954
Cites 4Cited by 0 across 0 sources
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