IIB
110th CONGRESS
1st Session
H. R. 495
IN THE SENATE OF THE UNITED STATES
July 24, 2007
Received; read twice and referred to the Committee on Energy and Natural Resources
AN ACT
To update the management of Oregon water resources, and for other purposes.
Short title
This Act may be cited as the
Oregon Water Resources Management Act
of 2007
.
Extension of participation of Bureau of Reclamation in Deschutes River Conservancy
Section 301 of the Oregon Resource Conservation Act of 1996 (division B of Public Law 104–208; 110 Stat. 3009–534) is amended—
in subsection
(a)(1), by striking Deschutes River Basin Working Group
and
inserting Deschutes River Conservancy Working Group
;
by amending the
text of subsection (a)(1)(B) to read as follows: 4 representatives of
private interests including two from irrigated agriculture who actively farm
more than 100 acres of irrigated land and are not irrigation district managers
and two from the environmental community;
;
in subsection
(b)(3), by inserting before the final period the following: , and up to
a total amount of $2,000,000 during each of fiscal years 2007 through
2016
; and
in subsection (h),
by inserting before the period at the end the following: , and
$2,000,000 for each of fiscal years 2007 through 2016
.
Wallowa Lake Dam Rehabilitation Act
Definitions
In this section, the following definitions apply:
Associated ditch companies, incorporated
The term Associated Ditch Companies, Incorporated means the nonprofit corporation established under the laws of the State of Oregon that operates Wallowa Lake Dam.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.
Wallowa lake dam rehabilitation program
The term Wallowa Lake Dam
Rehabilitation Program means the program for the rehabilitation of the
Wallowa Lake Dam in Oregon, as contained in the engineering document titled,
Phase I Dam Assessment and Preliminary Engineering Design
, dated
December 2002, and on file with the Bureau of Reclamation.
Authorization To participate in program
Grants and cooperative agreements
The Secretary may provide grants to, or enter into cooperative or other agreements with, tribal, State, and local governmental entities and the Associated Ditch Companies, Incorporated, to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program.
Conditions
As a condition of providing funds under paragraph (1), the Secretary shall ensure that—
the Wallowa Lake Dam Rehabilitation Program and activities under this section meet the standards of the dam safety program of the State of Oregon;
the Associated Ditch Companies, Incorporated, agrees to assume liability for any work performed, or supervised, with Federal funds provided to it under this section; and
the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to a facility rehabilitated or constructed with Federal funds provided under this section, both while and after activities are conducted using Federal funds provided under this section.
Cost sharing
In general
The Federal share of the costs of activities authorized under this section shall not exceed 50 percent.
Exclusions from federal share
There shall not be credited against the Federal share of such costs—
any expenditure by the Bonneville Power Administration in the Wallowa River watershed; and
expenditures made by individual agricultural producers in any Federal commodity or conservation program.
Compliance with state law
The Secretary, in carrying out this section, shall comply with applicable Oregon State water law.
Prohibition on holding title
The Federal Government shall not hold title to any facility rehabilitated or constructed under this section.
Prohibition on operation and maintenance
The Federal Government shall not be responsible for the operation and maintenance of any facility constructed or rehabilitated under this section.
Relationship to other law
Activities funded under this section shall not be considered a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)).
Authorization of appropriations
There is authorized to be appropriated to the Secretary to pay the Federal share of the costs of activities authorized under this section, $6,000,000.
Sunset
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section.
Little Butte/Bear Creek Subbasins, Oregon, Water resource study
Authorization
The
Secretary of the Interior, acting through the Bureau of Reclamation, may
participate in the Water for Irrigation, Streams and the Economy Project water
management feasibility study and environmental impact statement in accordance
with the Memorandum of Agreement Between City of Medford and Bureau of
Reclamation for the Water for Irrigation, Streams, and the Economy
Project
, dated July 2, 2004.
Authorization of Appropriations
In general
There is authorized to be appropriated to the Bureau of Reclamation $500,000 to carry out activities under this section.
Non-federal share
In general
The non-Federal share shall be 50 percent of the total costs of the Bureau of Reclamation in carrying out subsection (a).
Form
The non-Federal share required under subparagraph (A) may be in the form of any in-kind services that the Secretary of the Interior determines would contribute substantially toward the conduct and completion of the study and environmental impact statement required under subsection (a).
Sunset
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section.
North Unit Irrigation District
Short title
This section may be
cited as the North Unit Irrigation District Act of 2007
.
Amendment
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 2007, 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.
.
Passed the House of Representatives July 23, 2007.
Lorraine C. Miller,
Clerk.
Deborah M. Spriggs,
Deputy Clerk.