Sec. 10. Birch Creek mitigation project

316 words·~1 min read·/bill/113/s/434/is/section-10

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The Secretary, acting through the Commissioner of Reclamation, shall carry out activities to provide mitigation water for Birch Creek water users from Four Horns Reservoir, in accordance with the Birch Creek Agreement. The Bureau of Reclamation shall serve as the lead agency with respect to any activities under this section. The scope of the rehabilitation and improvements shall be as generally described in the document entitled Four Horns Feeder Canal Rehabilitation with Export , prepared by DOWL HKM, and dated May 31, 2012, subject to the condition that, before commencing construction activities, the Secretary shall— review the design of the proposed rehabilitation or improvement; and perform value engineering analyses.

The activities carried out by the Secretary under this section shall include— the rehabilitation or improvement of the Four Horns feeder canal system to a capacity of not less than 360 cubic feet per second; the rehabilitation or improvement of the outlet works of Four Horns Dam and Reservoir to deliver 15,000 acre-feet of water per year, in accordance with subparagraph (C); and construction of facilities to deliver 15,000 acre-feet of water per year from Four Horns Dam and Reservoir to a point on Birch Creek to be designated by the Tribe and the State for delivery of water to the water delivery system of the Pondera County Canal and Reservoir Company Project on Birch Creek, in accordance with the Birch Creek Agreement.

The costs to construct facilities under this subsection— shall not be paid by the United States; and shall be nonreimbursable. On the basis of the review described in paragraph (1)(A), the Secretary shall negotiate with the Tribe appropriate changes to the final design of any activity under this subsection to ensure that the final design meets applicable industry standards. No part of the project under this section shall be commenced until the State has appropriated and made available $34,000,000 to carry out this section.