II
109th CONGRESS
2d Session
S. 2502
IN THE SENATE OF THE UNITED STATES
April 4, 2006
Mr. Smith (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To provide for the modification of an amendatory repayment contract between the Secretary of the Interior and the North Unit Irrigation District, and for other purposes.
Short title
This Act may be cited as
the North Unit Irrigation District Act
of 2006
.
North Unit Irrigation District
The Act of August 10, 1954 (68 Stat. 679, chapter 663), is amended—
in the first section—
by inserting
(referred to in this Act as the
after
District
)irrigation district
; and
by inserting
(referred to in this Act as the
after
Contract
)1953
; and
by adding at the end the following:
Additional terms
On approval of the District directors and notwithstanding project authorizing legislation to the contrary, the Contract is modified, without further action by the Secretary of the Interior, to include the following modifications:
In Article 8(a)
of the Contract, by deleting a maximum of 50,000
and inserting
approximately 59,000
after irrigation service
to
.
In Article 11(a)
of the Contract, by deleting The classified irrigable lands within the
project comprise 49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the standards upon which the
classification was made are described in the document entitled
and inserting Land
Classification, North Unit, Deschutes Project, 1953
which is on file in
the office of the Regional Director, Bureau of Reclamation, Boise, Idaho, and
in the office of the DistrictThe classified
irrigable land within the project comprises 58,902.8 irrigable acres, all of
which are authorized to receive irrigation water pursuant to water rights
issued by the State of Oregon and have in the past received water pursuant to
such State water rights.
.
In Article 11(c)
of the Contract, by deleting , with the approval of the
Secretary,
after District may
, by deleting the
49,817.75 acre maximum limit on the irrigable area is not exceeded
and
inserting irrigation service is provided to no more than approximately
59,000 acres and no amendment to the District boundary is required
after time so long as
.
In Article 11(d)
of the Contract, by inserting , and may further be used for instream
purposes, including fish or wildlife purposes, to the extent that such use is
required by Oregon State law in order for the District to engage in, or take
advantage of, conserved water projects as authorized by Oregon State
law
after herein provided
.
By adding at the
end of Article 12(d) the following: (e) Notwithstanding the above
subsections of this Article or Article 13 below, beginning with the irrigation
season immediately following the date of enactment of the North Unit Irrigation
District Act of 2006, the annual installment for each year, for the District,
under the Contract, on account of the District’s construction charge
obligation, shall be a fixed and equal annual amount payable on June 30 the
year following the year for which it is applicable, such that the District’s
total construction charge obligation shall be completely paid by June 30,
2044.
.
In Article 14(a)
of the Contract, by inserting and for instream purposes, including fish
or wildlife purposes, to the extent that such use is required by Oregon State
law in order for the District to engage in, or take advantage of, conserved
water projects as authorized by Oregon State law,
after and
incidental stock and domestic uses
, by inserting and for
instream purposes as described above,
after irrigation, stock
and domestic uses
, and by inserting , including natural flow
rights out of the Crooked River held by the District
after
irrigation system
.
In Article 29(a)
of the Contract, by inserting and for instream purposes, including fish
or wildlife purposes, to the extent that such use is required by Oregon State
law in order for the District to engage in, or take advantage of, conserved
water projects as authorized by Oregon State law
after provided
in article 11
.
In Article 34 of
the Contract, by deleting The District, after the election and upon the
execution of this contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and decreeing and adjudging
it to be a lawful, valid, and binding general obligation of the District. The
District shall furnish to the United States certified copies of such decrees
and of all pertinent supporting records.
after for that
purpose.
.
Future authority to renegotiate
The Secretary of the Interior (acting through the Commissioner of Reclamation) may in the future renegotiate with the District such terms of the Contract as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner of Reclamation.
.