Sec. 5. Yakima Basin water projects, operations, and authorizations

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Section 1204(g) of Public Law 103–434 (108 Stat. 4557) is amended— by striking the subsection designation and heading and all that follows through paragraph

(1)and inserting the following: The Confederated Tribes and Bands of the Yakama Indian Nation shall be known and designated as the Confederated Tribes and Bands of the Yakama Nation . ; and in paragraph (2), by striking deemed to be a reference to the and inserting Confederated Tribes and Bands of the Yakama Indian Nation . deemed to be a reference to the . Confederated Tribes and Bands of the Yakama Nation . Section 1205 of Public Law 103–434 (108 Stat. 4557) is amended— in subsection (a)(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 ; and in subparagraph (B)(i), in the first sentence, by inserting in proportion to the funding received after Program ; in subsection (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 River basin. To protect, mitigate, and enhance aquatic life and wildlife. Recreation. Municipal, industrial, and domestic use. . Section 1207 of Public Law 103–434 (108 Stat. 4560) is amended— in the section heading, by striking and inserting Supplies ; Management 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 in, 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, tributary water right owners, and the Yakama Nation, and on agreement of appropriate water right owners, 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 subsection may be investigated and implemented by the Secretary in tributaries to the Yakima River, 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, subject to the condition that activities may commence on completion of applicable and required feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for further project development, as appropriate. 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 so redesignated), by inserting or transfer after purchase ; and in subparagraph

(H)(as so redesignated), 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 subsection heading, by inserting after and nonsurface storage ; and nonstorage in the matter preceding paragraph (1), by inserting and nonsurface storage after nonstorage ; 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 .

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Pub. L. 103-434
108 Stat. 4557
108 Stat. 4560

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cites case law

Sec. 5

Yakima Basin water projects, operations, and authorizations

Stat.Public Law 106–372

Stat.Public Law 106–371

Pub. L.Pub. L. 103-434

Stat.108 Stat. 4557

Stat.108 Stat. 4560

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