Sec. 4. Yakima Basin water projects, operations, and authorizations

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Section 1204(a)(2) of Public Law 103–434 (108 Stat. 4556) is amended in the first sentence by striking not more than $23,000,000 and inserting not more than $49,000,000, at September 2000 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations of applicable cost indexes, . Section 1205 of Public Law 103–434 (108 Stat. 4557) is amended— in subsection (a)— in paragraph (4)— in subparagraph (A)— in clause (i)— by inserting additional after secure ; by striking flushing and inserting pulse ; and by striking uses and inserting uses, in addition to the quantity of water provided under the treaty between the Yakama Nation and the United States ; by striking clause (ii); by redesignating clause

(iii)as clause (ii); and in clause

(ii)(as so redesignated) by inserting and water rights mandated after goals ; in subparagraph (B)— in clause (i), in the first sentence, by inserting in proportion to the funding received after Program ; and by adding at the end the following: The Yakima Project Manager shall— calculate the total amount of water conserved and acquired; determine the amount of water available each year for the purpose of delivering or storing Project water for instream flows at variable rates (shaping), considering Yakima Project operational constraints; and in consultation with the System Operations Advisory Committee, determine how and when the available water will be delivered or stored. The Yakima Project Manager, in consultation with the Systems Operations Advisory Committee, irrigation districts, and the Conservation Advisory Group, may acquire, manage, and use all or a portion of the irrigation district’s 1/3 portion of the saved water resulting from conservation measures taken under this title to increase target flows or otherwise deliver Yakima Project water for instream flows. The right to use that water must be acquired by the Bureau of Reclamation or the State of Washington, in partnership with the Bureau of Reclamation, from any willing irrigation district seller through purchase, donation, or lease. During drought years, when the Yakima Project proration level is set at 70 percent or less of full entitlement, the 1/3 portion of the saved water acquired under this title may be used to supplement the irrigation districts’ and other entities’ water supply under the total water supply available only if the saved water is in priority during that time, unless provisions are made to the contrary as a condition of purchase. ; and by striking subparagraph (D); and by striking paragraph (6); in subsection

(b)(as amended by section 2(a)(1)(B)), in the second sentence, by striking instream flows for use by the Yakima Project Manager as flushing flows or as otherwise and inserting fishery purposes, as ; and in subsection (e), by striking paragraph

(1)and inserting the following: Additional purposes of the Yakima Project shall be any of the following: To recover and maintain self-sustaining harvestable populations of native fish, both anadromous and resident species, throughout their historic distribution range in the Yakima Basin. To protect, mitigate, and enhance aquatic life and wildlife. Recreation. Municipal, industrial, and domestic use. . Section 1206(a) of Public Law 103–434 (108 Stat. 4560) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking at September through to— and inserting such sums as are necessary to— ; by redesignating subparagraphs

(A)through

(C)as clauses

(i)through (iii), respectively, and indenting the clauses appropriately; and by striking clause

(iii)(as so redesignated) and inserting the following: to conduct feasibility studies and to design, construct, operate, and maintain fish passage facilities, in addition to any fish passage facilities authorized by section 109 of the Hoover Power Plant Act of 1984 ( 16 U.S.C. 839b note; Public Law 98–381 ), as determined to be feasible and appropriate within the Yakima River basin; plus ; by redesignating paragraphs

(1)and

(2)as subparagraphs

(A)and (B), respectively, and indenting the subparagraphs appropriately; in the matter preceding subparagraph

(A)(as so redesignated), by striking There is hereby and inserting the following: There is ; and by adding at the end the following: The Secretary may accept as part of the non-Federal cost-share, and expend as if appropriated, any contribution by the State of Washington or others, including in-kind services, that the Secretary determines will contribute toward the conduct and completion of the work. The Federal cost-share for the project shall not exceed 50 percent of the total cost of the projects described in paragraph (1). . Section 1207 of Public Law 103–434 (108 Stat. 4560) is amended— in subsection (a)— in the matter preceding paragraph (1), by striking supplies and inserting management ; in paragraph (1), by inserting and water supply entities after owners ; and in paragraph (2)— in subparagraph (A), by inserting that choose not to participate or opt out of tributary enhancement projects pursuant to this section after water right owners ; and in subparagraph (B), by inserting nonparticipating before tributary water users ; in subsection (b)— in paragraph (1)— by striking the paragraph designation and all that follows through (but not limited to)— and inserting the following: The Secretary, following consultation with the State of Washington, the Yakama Nation, and on agreement of appropriate water supply entities, is authorized to conduct studies to evaluate measures to further Yakima Project purposes on tributaries to the Yakima River. Enhancement programs that use measures authorized by this section may be investigated and implemented by the Secretary in tributaries, including Taneum Creek, other areas, or tributary basins that currently or could potentially be provided supplemental or transfer water by entities, such as the Kittitas Reclamation District or the Yakima-Tieton Irrigation District. Measures to evaluate include— ; by indenting subparagraphs

(A)through

(F)appropriately; in subparagraph (A), by inserting before the semicolon at the end the following: , including irrigation efficiency improvements (in coordination with programs of the Department of Agriculture), consolidation of diversions or administration, and diversion scheduling or coordination ; by redesignating subparagraphs

(C)through

(F)as subparagraphs

(E)through (H), respectively; by inserting after subparagraph

(B)the following: improvements in irrigation system management or delivery facilities within the Yakima River basin when those improvements allow for increased irrigation system conveyance and corresponding reduction in diversion from tributaries or flow enhancements to tributaries through direct flow supplementation or groundwater recharge; improvements of irrigation system management or delivery facilities to reduce or eliminate excessively high flows caused by the use of natural streams for conveyance or irrigation water or return water; ; in subparagraph

(E)(as redesignated by clause (iv)), by striking ground water and inserting groundwater recharge and ; in subparagraph

(G)(as redesignated by clause (iv)), by inserting or transfer after purchase ; and in subparagraph

(H)(as redesignated by clause (iv)), by inserting stream processes and before stream habitats ; in paragraph (2)— in the matter preceding subparagraph (A), by striking the Taneum Creek study and inserting studies under this subsection ; in subparagraph (B)— by striking and economic and inserting , infrastructure, economic, and land use ; and by striking and at the end; in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following: any related studies already underway or undertaken. ; and in paragraph (3), in the first sentence, by inserting of each tributary or group of tributaries after study ; in subsection (c), in the matter preceding paragraph (1), by inserting nonsurface storage and after implement ; by striking subsection (d); by redesignating subsection

(e)as subsection (d); and in paragraph

(2)of subsection

(d)(as so redesignated)— in the first sentence— by inserting and implementation after investigation ; by striking other before Yakima River ; and by inserting and other water supply entities after owners ; and by striking the second sentence. Section 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 Stat. 1425) is amended by inserting negatively before affected . Section 1210(c) of Public Law 103–434 (108 Stat. 4564) is amended by striking $100,000 and inserting $200,000, at September 2014 prices, . Section 1211 of Public Law 103–434 (108 Stat. 4564) is amended by inserting , at September 2014 prices, after $2,000,000 .

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