Sec. 4308. Klamath project water and power
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The Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 ; 114 Stat. 2221) is amended— by redesignating sections 4 through 6 as sections 5 through 7, respectively; and by inserting after section 3 the following: In this section: The term covered power use means a use of power to develop or manage water from any source for irrigation, wildlife purposes, or drainage on land that is— associated with the Klamath Project, including land within a unit of the National Wildlife Refuge System that receives water due to the operation of Klamath Project facilities; or irrigated by the class of users covered by the agreement dated April 30, 1956, between the California Oregon Power Company and Klamath Basin Water Users Protective Association and within the Off Project Area (as defined in the Upper Basin Comprehensive Agreement entered into on April 18, 2014), only if each applicable owner and holder of a possessory interest of the land is a party to that agreement (or a successor agreement that the Secretary determines provides a comparable benefit to the United States).
The term Klamath Project means the Bureau of Reclamation project in the States of California and Oregon. The term Klamath Project includes any dam, canal, or other works or interests for water diversion, storage, delivery, and drainage, flood control, or any similar function that is part of the project described in subparagraph (A). The term power cost benchmark means the average net delivered cost of power for irrigation and drainage at Reclamation projects in the area surrounding the Klamath Project that are similarly situated to the Klamath Project, including Reclamation projects that— are located in the Pacific Northwest; and receive project-use power.
Pursuant to the reclamation laws and subject to appropriations and required environmental reviews, the Secretary may carry out activities, including entering into a contract or making financial assistance available through cooperative agreements or other methods— to plan, implement, and administer programs to align water supplies and demand for irrigation water users associated with the Klamath Project, with a primary emphasis on programs developed or endorsed by local entities comprised of representatives of those water users;
Expenditures under this paragraph shall not exceed $10 million on an average annual basis. All disbursements made or to be made based on actions approved by the Secretary under Contract Numbers 18–WC–20–5322 and 18–WC–20–5323 are authorized. The Secretary shall ensure that the activities under this subsection— do not foster groundwater use that results in groundwater level declines that, based on existing data from the United States Geological Survey, are more than appropriate in a critically dry year, taking into consideration the long-term sustainability of aquifers; do not adversely affect compliance with applicable laws protecting fishery resources in Upper Klamath Lake and the Klamath River.
Subject to subparagraphs
(B)and (C), any entity operating under a contract entered into with the United States for the operation and maintenance of any Klamath Project works or facility, and any entity operating any works or facility not owned by the United States that receives Klamath Project water, may use, without any additional Federal contract, permit, or other authorization, any Klamath Project works or facility to convey non-Klamath Project water for any authorized purpose of the Klamath Project. A use of water pursuant to subparagraph
(A)(including an addition or conveyance of water) shall be subject to the requirements that— the applicable entity shall secure all permits required under State or local law; and as applicable— all water delivered into and taken out of a Klamath Project works or facility pursuant to that subparagraph shall be measured; and any irrigation district conveying water shall ensure that only the land authorized to receive water under applicable State law shall receive, and put to beneficial use, the water, in accordance with the applicable State law and any associated terms and conditions. A use of non-Klamath Project water under this paragraph shall not— adversely affect the delivery of water to any water user or land served by the Klamath Project; or result in any additional cost to the United States. Nothing in this subsection authorizes the Secretary— to develop or construct new facilities for the Klamath Project without appropriate approval from Congress under section 9 of the Reclamation Projects Act of 1939 ( 43 U.S.C. 485h ); or to carry out activities that have not otherwise been authorized. Not later than 180 days after the date of enactment of America’s Water Infrastructure Act of 2018 , the Secretary, in consultation with interested irrigation interests that are eligible for covered power use and organizations representative of those interests, 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 report that— identifies the power cost benchmark; and recommends actions (other than direct payments to persons making covered power uses or to other entities for the purposes of subsidizing power rates) that, in the judgment of the Secretary, are necessary and appropriate to ensure that the net delivered power cost for covered power use is equal to or less than the power cost benchmark, including a description of— actions— to immediately reduce power costs; and to ensure that the net delivered power cost for covered power use is equal to, or less than, the power cost benchmark in the near term, while longer-term actions are being implemented; actions that prioritize— water and power conservation and efficiency measures that could assist in achieving the power cost benchmark; to the extent actions involving the development or acquisition of power generation are included, renewable energy technologies (including hydropower); and regional economic development; the potential costs and timeline for the actions recommended under this subparagraph; provisions for modifying the actions and timeline to adapt to new information or circumstances; and a description of public input regarding the proposed actions, including— input from water users that have covered power use; and the degree to which those water users concur with the recommendations. . None of the amendments made by this section— modify any authority or obligation of the United States with respect to any tribal trust or treaty obligation of the United States; create or determine any water right or affects any water right or water right claim in existence on the date of enactment of this Act; or authorize the use of Federal funds for the physical deconstruction of the Iron Gate, Copco 1, Copco 2, or John C. Boyle Dam located on the Klamath River in the States of California and Oregon.
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- Pub. L. 106-498
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