Sec. 5. Authorization of phase III of Yakima River Basin Water Enhancement Project
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Title XII of Public Law 103–434 (108 Stat. 4550) is amended by adding at the end the following: The Secretary may make grants or enter into cooperative agreements with the Yakama Nation, the State of Washington, Yakima River basin irrigation districts, water districts, conservation districts, other local governmental entities, nonprofit organizations, and land owners to carry out this title under such terms and conditions as the Secretary may require, including the following purposes:
Land and water transfers, leases, and acquisitions from willing participants, so long as the acquiring entity shall hold title and be responsible for any and all required operations, maintenance, and management of that land and water. Operation and maintenance or management of Federal land acquired under this title, in partnership with the Secretary. To combine or relocate diversion points, remove fish barriers, or for other activities that increase flows or improve habitat in the Yakima River and its tributaries in furtherance of this title.
To implement, in partnership with Federal and non-Federal entities, projects to enhance the health and resilience of the watershed, subject to the condition that if such a grant or cooperative agreement results in a direct benefit to a project beneficiary, the Secretary may determine that the costs are reimbursable. It is the intent of Congress that the Management Plan shall be implemented in its entirety, in accordance with applicable laws. During the Initial Development Phase of the Management Plan, the Secretary, in conjunction with the State of Washington and in consultation with the Work Group, shall— complete the planning, design, and construction or development of upstream and downstream fish passage facilities at a Yakima Project reservoir, in addition to the Cle Elum Reservoir project described in section 1206, pursuant to the Hoover Power Plant Act of 1984 ( 43 U.S.C. 619 et seq. ), to be identified by the Work Group and consistent with the Management Plan, as set forth in the applicable feasibility study or report; negotiate long-term agreements with participating proratable irrigation entities in the Yakima Basin for the non-Federal financing, construction, operation, and maintenance of— new facilities needed to access and deliver inactive storage in Lake Kachess for the purpose of providing drought relief for irrigation (known as the Kachess Drought Relief Pumping Plant ), as set forth in the applicable feasibility study or report; and a conveyance system to allow transfer of water between Keechelus Reservoir to Kachess Reservoir for purposes of improving operational flexibility for the benefit of both fish and irrigation (known as the K to K Pipeline ), as set forth in the applicable feasibility study or report; and participate in, provide funding for, and accept non-Federal financing for— water conservation projects, not subject to the provisions of the Basin Conservation Program described in section 1203, that are intended to partially implement the Management Plan by providing 85,000 acre-feet of conserved water to improve tributary and mainstem stream flow; and aquifer storage and recovery projects benefitting all beneficial uses.
The Initial Development Phase under this paragraph shall commence on the date of enactment of this section. During the Intermediate and Final Development Phases of the Management Plan, any project that is determined by Secretary, in consultation with the State of Washington and Work Group, to be appropriate to meet the objectives of the Management Plan shall be designed and constructed, subject to authorization and appropriation. It is the intent of Congress that the Intermediate Development Phase of the Management Plan shall commence not later than 10 years after the date of enactment of this section.
It is the intent of Congress that the Final Development Phase of the Management Plan shall commence not later than 20 years after the date of enactment of this section. The Intermediate and Final Development Phases of the Management Plan shall be contingent on feasibility, as determined by the Secretary, in consultation with the Work Group, and in compliance with applicable laws. Not later than 5 years after the date of enactment of this section, the Secretary, in conjunction with the State of Washington and in consultation with the Work Group, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a progress report that shall serve as a supplement to the Management Plan.
The progress report under this paragraph shall— provide a review and reassessment, if needed, of the objectives of the Management Plan, as applied to all elements of the Management Plan; assess, through performance metrics measured throughout implementation of the Management Plan, the degree to which the Initial Phase addresses the objectives and all elements of the Management Plan; identify additional projects and activities proposed for inclusion in any future phase of the Management Plan to address the objectives of the Management Plan, as applied to all elements of the Management Plan; and for water supply projects— provide a preliminary discussion of the means by which— water and costs associated with each recommended project would be allocated among authorized uses; and those allocations would be consistent with the objectives of the Management Plan; and establish a plan for soliciting and formalizing subscriptions among individuals and entities for participation in any of the recommended water supply projects that will establish the terms for participation, including fiscal obligations associated with subscription.
The additional stored water made available by the construction of facilities to access and deliver inactive storage in Lake Kachess under subsection (a)(2)(A)(ii)(I) shall— be considered to be Yakima Project water; not be part of the total water supply available, as that term is defined in various court rulings; and be used exclusively by the Secretary— to enhance the water supply in years when the total water supply available is not sufficient to provide 70 percent of proratable entitlements in order to make that additional water available up to 70 percent of proratable entitlements to the Kittitas Reclamation District, the Roza Irrigation District, or other proratable irrigation entities participating in the construction, operation, and maintenance costs of the facilities under this title under such terms and conditions to which the districts may agree, subject to the conditions that— the Bureau of Indian Affairs, the Wapato Irrigation Project, and the Yakama Nation, on an election to participate, may also obtain water from Lake Kachess inactive storage to enhance applicable existing irrigation water supply in accordance with such terms and conditions to which the Bureau of Indian Affairs and the Yakama Nation may agree; and the additional supply made available under this subparagraph shall be available to participating individuals and entities in proportion to the proratable entitlements of the participating individuals and entities; and to facilitate reservoir operations in the reach of the Yakima River between Keechelus Dam and Easton Dam for the propagation of anadromous fish.
The Administrator of the Bonneville Power Administration, pursuant to the Pacific Northwest Electric Power Planning and Conservation Act ( 16 U.S.C. 839 et seq. ), shall provide to the Secretary project power to operate the Kachess Pumping Plant constructed under this title whenever inactive storage in Lake Kachess is needed to provide drought relief for irrigation. The Administrator shall provide the power at the then-applicable lowest Bonneville Power Administration rate for public body, cooperative, and Federal agency customers firm obligations, which as of the date of enactment of this section is the priority firm Tier 1 rate, and shall not include any irrigation discount.
At all other times, power needed to operate the Kachess Pumping Plant shall be obtained by the Secretary from a local provider. The cost of power for such pumping, station service power, and all costs of transmitting power from the Federal Columbia River Power System to the Yakima Enhancement Project pumping facilities shall be borne by irrigation districts receiving the benefits of that water. The Commissioner of Reclamation shall be responsible for arranging transmission for deliveries of Federal power over the Bonneville system through applicable tariff and business practice processes of the Bonneville system and for arranging transmission for deliveries of power obtained from a local provider.
The cost of the power shall be credited to fishery restoration goals of the Columbia River fish and wildlife program. Any water supply that results from an aquifer storage and recovery project shall not be considered to be a part of the total water supply available if— the water for the aquifer storage and recovery project would not be available for use, but instead for the development of the project; the aquifer storage and recovery project will not otherwise impair any water supply available for any individual or entity entitled to use the total water supply available; the development of the aquifer storage and recovery project will not impair fish or other aquatic life in any localized stream reach; and the aquifer storage and recovery project is approved by the Work Group.
The Secretary may design, implement, and otherwise participate in groundwater recharge projects of any of the following 3 types: Aquifer recharge projects designed to redistribute Yakima Project water within a water year for the purposes of supplementing stream flow during the irrigation season, particularly during storage control, subject to the condition that if such a project is designed to supplement a mainstem reach, the water supply that results from the project shall be credited to instream flow targets, in lieu of using the total water supply available to meet those targets.
Aquifer storage and recovery projects that are designed, within a given water year or over multiple water years— to supplement or mitigate for municipal uses; to supplement municipal supply in a subsurface aquifer; or to mitigate the effect of groundwater use on instream flow or senior water rights. Aquifer storage and recovery projects designed to supplement existing irrigation water supply, or to store water in subsurface aquifers, for use by the Kittitas Reclamation District, the Roza Irrigation District, or any other proratable irrigation entity participating in the repayment of the construction, operation, and maintenance costs of the facilities under this section during years in which the total water supply available is insufficient to provide to those proratable irrigation entities all water to which the entities are entitled, subject to the conditions that— the Bureau of Indian Affairs, the Wapato Irrigation Project, and the Yakama Nation, on an election to participate, may also obtain water from aquifer storage to enhance applicable existing irrigation water supply in accordance with such terms and conditions to which the Bureau of Indian Affairs and the Yakama Nation may agree; and nothing in this subparagraph affects any existing contract, law (including regulations) relating to repayment costs, or water rights.
The Federal cost-share of a project carried out under this section shall be determined in accordance with the applicable laws (including regulations) and policies of the Bureau of Reclamation. The Federal cost-share for the Initial Development Phase of the Management Plan under subsection (a)(2), including the reimbursable share to be repaid by non-Federal project contractors, shall not exceed 50 percent of the total cost of the initial development phase. The Secretary may accept as part of the non-Federal cost-share of a project carried out under this section, and expend as if appropriated, any contribution (including in-kind services) by the State of Washington or any other individual or entity that the Secretary determines will enhance the conduct and completion of the project.
Nothing in this section shall— be a new or supplemental benefit for purposes of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390aa et seq. ); affect any contract in existence on the date of enactment of the Yakima River Basin Water Enhancement Project Phase III Act of 2015 that was executed pursuant to the reclamation laws; affect any contract or agreement between the Bureau of Indian Affairs and the Bureau of Reclamation; or affect, waive, abrogate, diminish, define, or interpret the treaty between the Yakama Nation and the United States.
The Secretary shall retain authority and discretion over the management of project supplies to obtain maximum operational use and flexibility to meet all appropriated and adjudicated water rights. That authority and discretion includes the ability of the United States to store, deliver, conserve, and reuse water supplies deriving from projects authorized under this title. .
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- Pub. L. 103-434
- 108 Stat. 4550
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Sec. 5
Authorization of phase III of Yakima River Basin Water Enhancement Project
Pub. L.Pub. L. 103-434
Stat.108 Stat. 4550
Cites 5Cited by 0 across 0 sources