S. 482Senate118th Congress (2023-2025)In Committee

Klamath Power and Facilities Agreement Support Act

AI-Generated Summary

Updated January 20, 2026 at 3:43 AM UTC

The Klamath Power and Facilities Agreement Support Act amends the 2000 Klamath Basin Water Supply Enhancement Act to give the Interior Secretary new authority over water‑power projects in the Klamath Basin. It lets the Secretary plan, build, operate and fund restoration and habitat projects, manage key dams and facilities, and cover certain costs for irrigation districts and other water users. The changes affect Klamath Project water users, tribal fisheries, state and local agencies, and private parties involved in the basin’s water system.

Key Provisions

Defines the 2016 Klamath Power and Facilities Agreement and terms like “covered contractor” and “Klamath Project Water User.”
Authorizes the Secretary to plan, design, construct, operate, and maintain restoration projects that reduce fish entrainment, protect aquatic resources, and restore habitats, including tribal fisheries, and to use non‑federal funds for these activities.
Specifies that covered contractors will not bear any costs for the evaluation, design, construction, or extraordinary maintenance of those restoration projects.
Allows the Secretary to reimburse the Tulelake Irrigation District for up to 69% of the cost of operating and maintaining Pumping Plant D, provided the cost benefits the United States.
Directs operation of Link River Dam and the Keno Facility, placing most cost responsibilities on the federal government while limiting contractor liability to routine operation and maintenance, with possible allocation of fish‑ and wildlife‑related costs.
Requires compliance with NEPA, the Endangered Species Act, and other applicable laws, and states that the amendments do not affect tribal trust obligations, existing water rights, or authorize dam deconstruction.

Legislative Activity

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5 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 577.

November 21, 2024

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SenateIntro Referral

Introduced in Senate

February 16, 2023

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

February 16, 2023

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 118-287.

Water and Power Subcommittee

July 19, 2023

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

Energy and Natural Resources Committee

November 19, 2024

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Manchin with an amendment in the nature of a substitute. Without written report.

Energy and Natural Resources Committee

November 21, 2024

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 577.

November 21, 2024

Floor Debate

3 members

What members said about S. 482 on the floor

1 Republican2 Democrats

Sen. Ron WydenD-OR · Dec 19, 2024

Madam President, I am very pleased my legislation has just passed. I particularly want to express my thanks to my colleague and friend, my neighbor, Senator Barrasso, and staff John Tanner and…

Madam President, I am very pleased my legislation has just passed.

I particularly want to express my thanks to my colleague and friend, my neighbor, Senator Barrasso, and staff John Tanner and others--Jack and Vincent and Kristin and Tori and

Sam--who have been a big help in this effort.

This legislation, by my Republican colleague from eastern Oregon, Congressman Bentz, is a companion bill to my bill, S.482, which would uphold promises made by the Federal Government to farmers and Tribes in the Klamath Basin. The Klamath Basin is the subject of one of the largest river restoration projects in history.

As a result of this work, new habitats are being opened up to recover culturally important fish and wildlife and provide more flexibility for managing water deliveries to farmers in the Klamath Basin. The promise that was made to agricultural communities and agreed to by stakeholders in the Klamath Basin is that they would receive support for the work that must now be completed to avoid conflict, work like putting fish screens on water diversions.

I commend the House for passing this legislation on suspension, and I am really pleased that my colleagues on both sides of the aisle are going to allow us to make sure that we don't lose this critical and timely opportunity to finally live up to a promise made to these local communities nearly a decade ago.

I will close with this. I promised that I would have an open-to-all townhall meeting in every county in my State. I just cleared townhall meeting No. 1,100. That means that 1,100 times, for 90 minutes, we just said we are going to throw open the doors of government and listen to folks. I am not giving any speeches or using any teleprompters or whatever, just letting people share their views.

And it was there that I heard about this idea, this idea that is being advanced now on a bipartisan basis. Congressman Bentz, my colleague from eastern Oregon, myself, my home is in southeast Portland, urban and rural, Democrats and Republicans, coming together to do something that makes a lot of sense.

And I want to also, while I am making these remarks, thank my senatorial colleague Senator Merkley, who is a senior member of the Appropriations Committee. He has been doing so much good work on the Klamath over the years.

The passage of this legislation tonight is a good win for rural Oregon, long overdue.

I yield the floor.

Sen. John BarrassoR-WY · Dec 19, 2024

Madam President, reserving the right to object. This bill is not the right response to address the permitting challenges at the Department of the Interior. The bill would create a duplicative…

Sen. Alex PadillaD-CA · Dec 19, 2024

Madam President, I ask unanimous consent that the Committee on Energy and Natural Resources be discharged from further consideration of H.R. 5509 and the Senate proceed to its immediate…

Bill Text

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Reported to SenateIssued November 21, 2024

Calendar No. 577

118th CONGRESS

2d Session

S. 482

IN THE SENATE OF THE UNITED STATES

February 16, 2023

Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

November 21, 2024

Reported by Mr. Manchin, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Klamath Basin Water Supply Enhancement Act of 2000 to provide the Secretary of the Interior with certain authorities with respect to projects affecting the Klamath Basin watershed, and for other purposes.

Short title

This Act may be cited as the Klamath Power and Facilities Agreement Support Act.

Klamath project water and power

(a)

Addressing water, power, and facilities management for irrigation

Section 4 of the Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106–498; 114 Stat. 2221; 132 Stat. 3886; 134 Stat. 976) is amended—

(1)

in subsection (b), by striking paragraph (1) and inserting the following:

(1)

In general

Subject to appropriations and required environmental reviews, the Secretary is authorized to 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, including conservation and efficiency measures, land idling, and use of groundwater, 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.

;

(2)

in subsection (c), by adding at the end the following:

(2)

Implementation

(A)

In general

Beginning not later than 180 days after the date of enactment of the Klamath Power and Facilities Agreement Support Act, the Secretary shall, through 1 or more cooperative agreements, financial assistance agreements, or other methods, implement, or support the implementation of, the recommendations identified in the report described in paragraph (1) that the Secretary determines would lead to bringing the net delivered power cost for covered power use to an amount that is the same as, or less than, the power cost benchmark, subject to the availability of appropriations, on the fastest timeline practicable, with respect to near- and long-term actions.

(B)

Requirement

The implementation of recommendations under subparagraph (A) shall be carried out in accordance with—

(i)

the report submitted under paragraph (1); and

(ii)

any reports submitted under paragraph (3).

(3)

Additional reports

Not later than April 30, 2025, and every 5 years thereafter, the Secretary shall submit to each committee described in the matter preceding subparagraph (A) of paragraph (1) a report that describes—

(A)

any progress toward meeting the requirements of this subsection; and

(B)

any modifications or updates to the actions recommended under paragraph (1)(B).

; and

(3)

by adding at the end the following:

(d)

Restoration Activities

The Secretary may—

(1)

plan, design, construct, operate, and maintain projects in the Klamath Basin watershed, including—

(A)

facilities to reduce fish entrainment;

(B)

projects that reduce or avoid impacts on aquatic resources of facilities involved in the storage or diversion of water for irrigation in the Klamath Project service area; and

(C)

projects that restore habitats in the Klamath Basin watershed, including Tribal fishery resources held in trust;

(2)

undertake studies, including feasibility studies, and improvements that the Secretary determines to be necessary to implement this subsection;

(3)

in implementing this subsection, enter into contracts, memoranda of understanding, financial assistance agreements, cost-sharing agreements, or other appropriate agreements with—

(A)

State, Tribal, and local governmental agencies; and

(B)

private parties; and

(4)

accept and expend non-Federal funds in order to facilitate implementation of this subsection.

(e)

Goals

The goals of activities under subsections (b) and (d) shall include, as applicable—

(1)

the short-term and long-term reduction and resolution of conflicts relating to water in the Klamath Basin watershed; and

(2)

compatibility and utility for protecting natural resources throughout the Klamath Basin watershed, including the protection, preservation, and restoration of Klamath River Tribal fishery resources, particularly through collaboratively developed agreements.

(f)

Pumping Plant D

The Secretary may enter into 1 or more agreements with the Tulelake Irrigation District to reimburse the Tulelake Irrigation District for not more than 69 percent of the cost incurred by the Tulelake Irrigation District for the operation and maintenance of Pumping Plant D, subject to the condition that the cost results in benefits to the United States.

(g)

Keno and Link river dams

The Secretary shall comply with the terms of the agreement entitled 2016 Klamath Power and Facilities Agreement, including Attachment A to the agreement.

(h)

Replacement of C Canal flume

(1)

In general

The replacement of the C Canal flume within the Klamath Project shall be considered to be, and shall receive the treatment authorized for, qualified emergency extraordinary operation and maintenance work in accordance with 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.)).

(2)

Contract

(A)

In general

Not later than 180 days after the date of receipt of a request from the Klamath Irrigation District to enter into a contract with the Klamath Irrigation District to amend the contract numbered 16–WC–20–4838, the Secretary shall enter into a contract with the Klamath Irrigation District providing that—

(i)

35 percent of the total repayment obligation under the contract entered into under this subparagraph is nonreimbursable to the United States; and

(ii)

65 percent of the total repayment obligation under the contract entered into under this subparagraph shall be repaid to the United States over a period of 50 years.

(B)

Inclusion

Although the Secretary shall not condition the agreement to the contract entered into under subparagraph (A) on any other term, the contract may include other terms that are not less favorable to the contractor than contract numbered 16–WC–20–4838.

(b)

Administration; effect

(1)

Compliance

In implementing the amendments made by this section, the Secretary of the Interior shall comply with—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(C)

all other applicable laws.

(2)

Effect

None of the amendments made by this section—

(A)

modify any authority or obligation of the United States with respect to any Tribal trust or treaty obligation of the United States;

(B)

(i)

create or determine any water right; or

(ii)

affect any water right or water right claim in existence on the date of enactment of this Act; or

(C)

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.

Short title

This Act may be cited as the Klamath Power and Facilities Agreement Support Act.

Klamath project water and power

(a)

Addressing water, power, and facilities management for irrigation

Section 4 of the Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106–498; 114 Stat. 2221; 132 Stat. 3886) is amended—

(1)

in subsection (a)—

(A)

by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (6), respectively;

(B)

by inserting before paragraph (3) (as so redesignated) the following:

(1)

Agreement

The term Agreement means the agreement entitled 2016 Klamath Power and Facilities Agreement and dated April 6, 2016.

(2)

Covered contractor

The term covered contractor means—

(A)

each Klamath Project Water User; and

(B)

each landowner who is a Klamath Project contractor and receives water through transferred works of the Klamath Project that are operated by a Klamath Project Water User.

; and

(C)

by inserting after paragraph (4) (as so redesignated) the following:

(5)

Klamath Project Water User

The term Klamath Project Water User means a Klamath Project contractor who is a party to the Agreement.

; and

(2)

by adding at the end the following:

(d)

Restoration Activities

(1)

In general

The Secretary may—

(A)

plan, design, construct, operate, and maintain projects in the Klamath Basin watershed, including—

(i)

facilities to reduce fish entrainment;

(ii)

projects that reduce or avoid impacts on aquatic resources of facilities involved in the storage or diversion of water for irrigation in the Klamath Project service area; and

(iii)

projects that restore habitats in the Klamath Basin watershed, including Tribal fishery resources held in trust;

(B)

undertake studies, including feasibility studies, and improvements that the Secretary determines to be necessary to implement this subsection;

(C)

in implementing this subsection, enter into contracts, memoranda of understanding, financial assistance agreements, cost-sharing agreements, or other appropriate agreements with—

(i)

State, Tribal, and local governmental agencies; and

(ii)

private parties; and

(D)

accept and expend non-Federal funds in order to facilitate implementation of this subsection.

(2)

Costs

A covered contractor shall not bear any costs associated with any evaluation, design, construction, replacement, addition, or extraordinary maintenance activities carried out under paragraph (1).

(e)

Pumping Plant D

(f)

Link River Dam and Keno Facility

(1)

Link River Dam

(A)

Operation

Subject to applicable law, the Secretary shall operate Link River Dam to provide water for—

(i)

diversion for the Klamath Project; and

(ii)

consistent with existing contracts between covered contractors and the Secretary, flood control.

(B)

Responsibility for costs

(i)

In general

Notwithstanding any existing contracts and except as provided in clause (ii), covered contractors shall not be responsible for any cost associated with Link River Dam or any related land, facilities, dikes, or levees around Upper Klamath Lake, including costs of construction, extraordinary operation and maintenance, rehabilitation, betterment, and liabilities.

(ii)

Routine operations and maintenance work

(I)

In general

Covered contractors shall be responsible for the appropriate share of routine operations and maintenance work associated with Link River Dam in accordance with the reclamation laws.

(II)

Allocation to fish and wildlife benefits

The Secretary may allocate a proportionate share of the costs under subclause (I) to fish and wildlife benefits.

(2)

Keno facility

(A)

In general

The Secretary shall operate the Keno Facility to maintain water levels upstream of Keno Dam to provide for diversion, canal maintenance, and flood control—

(i)

consistent with—

(I)

the contract between the Secretary and PacifiCorp numbered 14–06–200–3579A and executed January 4, 1968; and

(II)

historic practice; and

(ii)

subject to applicable law.

(B)

Costs

A covered contractor shall not be responsible for any cost associated with the Keno Facility, including any responsibilities to landowners upstream of Keno Dam, including costs of construction, operations, maintenance, rehabilitation, betterment, liabilities, and any other costs.

(3)

Subsequent transfer or assignment of responsibility

If the Secretary subsequently transfers or assigns responsibility for the operation of Link River Dam or the Keno Dam or Keno Facility to any other person or entity, the assignment or transfer shall include assignment of the obligations and conditions under paragraphs (1) and (2).

(b)

Administration; effect

(1)

Compliance

In implementing the amendments made by this section, the Secretary of the Interior shall comply with—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(C)

all other applicable laws.

(2)

Effect

None of the amendments made by this section—

(A)

modify any authority or obligation of the United States with respect to any Tribal trust or treaty obligation of the United States;

(B)

(i)

create or determine any water right; or

(ii)

affect any water right or water right claim in existence on the date of enactment of this Act; or

(C)

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.

November 21, 2024

Reported with an amendment