[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 495 Referred in Senate (RFS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Water Resources Management
Act of 2007''.
SEC. 2. 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--
(1) in subsection (a)(1), by striking ``Deschutes River
Basin Working Group'' and inserting ``Deschutes River
Conservancy Working Group'';
(2) 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;'';
(3) 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
(4) 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''.
SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT.
(a) Definitions.--In this section, the following definitions apply:
(1) 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.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(3) 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.
(b) Authorization To Participate in Program.--
(1) 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.
(2) Conditions.--As a condition of providing funds under
paragraph (1), the Secretary shall ensure that--
(A) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the
dam safety program of the State of Oregon;
(B) 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
(C) 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.
(3) Cost sharing.--
(A) In general.--The Federal share of the costs of
activities authorized under this section shall not
exceed 50 percent.
(B) Exclusions from federal share.--There shall not
be credited against the Federal share of such costs--
(i) any expenditure by the Bonneville Power
Administration in the Wallowa River watershed;
and
(ii) expenditures made by individual
agricultural producers in any Federal commodity
or conservation program.
(4) Compliance with state law.--The Secretary, in carrying
out this section, shall comply with applicable Oregon State
water law.
(5) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this section.
(6) 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.
(c) 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.)).
(d) 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.
(e) 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.
SEC. 4. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER RESOURCE
STUDY.
(a) 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.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this section.
(2) Non-federal share.--
(A) In general.--The non-Federal share shall be 50
percent of the total costs of the Bureau of Reclamation
in carrying out subsection (a).
(B) 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).
(c) 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.
SEC. 5. NORTH UNIT IRRIGATION DISTRICT.
(a) Short Title.--This section may be cited as the ``North Unit
Irrigation District Act of 2007''.
(b) Amendment.--The Act of August 10, 1954 (68 Stat. 679, chapter
663), is amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:
``SEC. 3. 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:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) 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 ``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 District' and inserting `The 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.'.
``(3) 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'.
``(4) 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'.
``(5) 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.'.
``(6) 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'.
``(7) 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'.
``(8) 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.'.
``SEC. 4. 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.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk.