[Senate Report 113-225]
[From the U.S. Government Publishing Office]
Calendar No. 512
113th Congress Report
SENATE
2d Session 113-225
======================================================================
CROOKED RIVER COLLABORATIVE WATER SECURITY ACT
_______
July 31, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1771]
The Committee on Energy and Natural Resources, to which
was referred the bill (S. 1771) to amend the Wild and Scenic
Rivers Act to adjust the Crooked River boundary, to provide
water certainty for the City of Prineville, Oregon, and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose
The purpose of S. 1771 is to amend the Wild and Scenic
Rivers Act to adjust the Crooked River boundary and to provide
water certainty to the City of Prineville, Oregon, other water
users, and fish and wildlife.
Background and Need
The Arthur R. Bowman Dam, administered by the Bureau of
Reclamation as part of the Crooked River Project, is located in
central Oregon on the Crooked River about 20 miles upstream
from the City of Prineville. The Prineville Reservoir
associated with the dam has a capacity of 150,200 acre feet.
Releases from the dam provide water for irrigated agriculture.
The dam, initially authorized as a part of the Crooked River
Project by the Act of August 6, 1956 (70 Stat. 1058; chapter
980; 73 Stat. 554; 78 Stat. 954) has as its authorized purposes
irrigation and flood control. Agricultural water users have
contracted for approximately half of the water in storage. In
addition to providing water supplies for agriculture, the
project has typically provided releases from the approximately
60,000 to 80,000 acre feet of uncontracted water for downstream
fish and wildlife in any given year.
The water supply of Prineville, located in Crook County,
Oregon, is insufficient to meet current and future demands.
State law prohibits the City from drawing additional
groundwater from its existing wells without mitigation. The
City seeks to contract for water from Bowman Dam which would
remain as instream flows to serve as mitigation for groundwater
pumping. However, municipal and industrial water supply is not
currently an authorized purpose for the Bowman Dam.
An eight-mile segment of the Lower Crooked River near
Prineville was designated as a Wild and Scenic River in 1988.
When the Wild and Scenic River boundary was finalized
administratively, the centerline of Bowman Dam was used as the
upstream terminus of the designation. Having this man-made
feature as the terminus of the wild and scenic river segment
has proven difficult from a management standpoint, and
precludes the siting of any hydroelectric generation facility.
Legislative History
Senators Merkley and Wyden introduced S. 1771 on November
11, 2013. A companion measure, H.R. 2640, was introduced by
Congressman Walden on July 10, 2013. H.R. 2640 was reported by
the House Committee on Natural Resources on August 10, 2013 (H.
Rept. 113-224). The House passed the bill by voice vote on
October 29, 2013. The bill was received by the Senate on
October 30, 2013, and referred to the Senate Committee on
Energy and Natural Resources. The Subcommittee on Water and
Power held a hearing on S. 1771 (S. Hrg. 113-284) on February
27, 2014. At its business meeting on June 18, 2014, the Senate
Energy and Natural Resources Committee ordered S. 1771
favorably reported without amendment.
In the 112th Congress, Senators Merkley and Wyden
introduced similar legislation, S. 3483. The Subcommittee on
Water and Power held a hearing on August 19, 2012 (S. Hrg. 112-
624).
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on June 18, 2014, by a roll call vote of
12-10, recommends that the Senate pass S. 1771. The roll call
vote on reporting the measure was 12 yeas, 10 nays as follows:
YEAS NAYS
Ms. Landrieu Ms. Murkowski
Mr. Wyden Mr. Barrasso
Mr. Johnson* Mr. Risch
Ms. Cantwell Mr. Lee*
Mr. Sanders Mr. Heller
Ms. Stabenow Mr. Flake
Mr. Udall* Mr. Scott*
Mr. Schatz* Mr. Alexander*
Mr. Franken Mr. Portman
Mr. Manchin Mr. Hoeven
Mr. Heinrich
Ms. Baldwin
* Indicates a vote by proxy.
Section-by-Section Analysis
Section 1 provides a short title.
Section 2 amends section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)). Subsection (a) designates the Crooked
River as the 14.75-mile segment from the National Grassland
boundary to Dry Creek, comprised of the 7-mile segment from the
National Grassland boundary to River Mile 8 south of Opal
Spring and the 7.75-mile segment from a point 1/4-mile
downstream from the center crest of Bowman Dam.
Subsection (b) requires applicants for hydropower
development licenses to consult with the Bureau of Land
Management to analyze and minimize any anticipated impacts to
the scenic, recreational, and fishery resource values of the
Crooked River along this \1/4\-mile segment below Bowman Dam,
and to ensure that they not impede the free-flowing nature of
the Crooked River.
Section 3 amends section 4 of the Act of August 6, 1956 (70
Stat. 1058; 73 Stat. 554; 78 Stat. 954) to allow the annual
release of 5,100 acre-feet of water from the project to serve
as mitigation for the City of Prineville groundwater pumping.
Additional quantities of water may be added at the request of
the City of Prineville, consistent with the National
Environmental Policy Act of 1969, the Endangered Species Act of
1973 and other applicable Federal laws. This section stipulates
that the City of Prineville enter into contracts for any water
released from Prineville reservoir for mitigation of municipal
groundwater pumping by the City of Prineville.
Section 4 amends the Crooked River Federal reclamation
project (70 Stat. 1058; chapter 980; 73 Stat. 554; 78 Stat.
954) to add four new sections. New section 6 requires the
Secretary of the Interior to, on a ``first fill'' priority
basis, store in and release from the Prineville Reservoir water
to fulfill specified contracts, and additional water shall be
carried over to the subsequent year. New section 7 authorizes
the Secretary to store in and release from the Prineville
Reservoir all remaining stored water quantities for the benefit
of downstream fish and wildlife, according to applicable law
and to a specified annual release schedule. New section 8
requires the Commissioner of Reclamation to project reservoir
water levels and make these projections available to the
public, the National Marine Fisheries Service, and the United
States Fish and Wildlife Service. New section 9 states that,
except as otherwise provided in this Act, nothing in this Act
modifies existing contracts or Federal or Oregon State law.
Section 5(a) allows landowners within the Ochoco Irrigation
District, Oregon to repay construction costs at any time and
ensures that the land shall not be subject to the ownership and
full-cost pricing limitations of Federal reclamation law.
Subsection (b) requires the Secretary of Interior to
provide certification upon request by a landowner who has
repaid in full.
Subsection (c) amends reclamation contracts with the
district to authorize the use of water for instream purposes,
include within the district boundary 2,742 acres in the
vicinity of McKay Creek, classify as irrigable 685 acres within
this included land and authorize the receipt of irrigation
water there from the Prineville Reservoir.
Subsection (d) states that, except as otherwise provided in
this section, nothing in this section modifies existing
contracts or Federal or Oregon State law.
Section 6(a) requires the Bureau of Reclamation to
participate in dry-year management planning meetings with
interested stakeholders.
Subsection (b) requires the Bureau of Reclamation to
develop a dry-year management plan in coordination with these
stakeholders that consists only of recommended strategies that
the irrigation districts and other Bureau of Reclamation
contract holders voluntarily agree to implement.
Subsection (c) allows the Secretary to release any
remaining quantity of water not contracted with the Bureau of
Reclamation.
Section 7 states that nothing in this Act provides to the
Secretary the authority to store and release the ``first fill''
quantities for any purposes other than the purposes as provided
in that section, alters any responsibilities under Oregon State
law or Federal law, or alters the authorized purposes of the
Crooked River Project.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1771--Crooked River Collaborative Water Security Act of 2013
S. 1771 would modify features of the Crooked River Project
located in central Oregon and prioritize how water from the
project would be allocated for different uses. Based on
information from the Bureau of Reclamation, CBO estimates that
enacting S. 1771 would increase offsetting receipts (which are
treated as reductions in direct spending) by $1 million over
the 2014-2024 period; therefore, pay-as-you-go procedures
apply. The legislation would not affect revenues or spending
subject to appropriation.
The main features of the Crooked River Project include the
Bowman Dam, the Prineville Reservoir. and the Ochoco Dam and
Reservoir located in the Ochoco Irrigation District. Enacting
two provisions of S. 1771 would reduce direct spending over the
next 10 years. Those provisions would:
Require the city of Prineville to pay the
Bureau of Reclamation for 5,100 acre feet of water to
be released annually from the Prineville Reservoir.
Based on information from the bureau, CBO estimates
that those payments would amount to $1 million over the
2015-2024 period; and
Authorize landowners in the Ochoco
Irrigation District to prepay certain construction
costs of the Crooked River Project. Those landowners
currently owe the bureau $270,000, and CBO estimates
that if they exercised the prepayment option under the
bill net receipts to the government would increase by
less than $8,000 over the 2015-2024 period.
CBO estimates that implementing other provisions of the
bill would have no significant effect on the federal budget.
S. 1771 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Public entities, such as local governments and irrigation
districts, would benefit from greater access to federal water
resources and the development of hydropower. Any costs to those
entities would be incurred as conditions of federal aid.
On August 2, 2013, CBO transmitted a cost estimate for H.R.
2640, the Central Oregon Jobs and Water Security Act, as
ordered reported by the House Committee on Natural Resources on
July 24, 2013. The two pieces of legislation are similar and
CBO's estimates of their costs are the same.
The CBO staff contacts for this estimate are Aurora Swanson
(for federal costs) and Jon Sperl (for the state and local
impact). The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1771.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information could be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1771, as ordered reported.
Congressionally Directed Spending
This bill, as reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Bureau of Reclamation at the
Subcommittee on Water and Power hearing on S. 1771 follows:
Statement of Robert Quint, Senior Advisor, Bureau of Reclamation,
Department of the Interior
Chairman Schatz and members of the Subcommittee, I am Bob
Quint, Senior Advisor at the Bureau of Reclamation
(Reclamation). I am pleased to provide the views of the
Department of the Interior (Department) on S. 1771, the Crooked
River Collaborative Water Security Act of 2013. The provisions
of S. 1771 address the Crooked River Wild and Scenic River
designation along with water supply concerns relating to
Reclamation's Crooked River Project.
The Department supports the goals of correcting the Wild
and Scenic River boundary near Bowman Dam and improving
Reclamation project operations, where possible, to further
enhance water use and availability. We also recognize
refinements made since similar companion legislation was heard
in the House in June of last year. We believe that some of the
provisions of S. 1771 will advance the goal of water security
on the Crooked River, and we offer the following
recommendations for improvements to the bill. If the changes
summarized below are incorporated to the bill, the Department
can support S. 1771.
S. 1771 includes seven sections which address: the Wild and
Scenic River designation near Bowman Dam; water supply for the
City of Prineville; first fill protection for water in
Prineville Reservoir; operating requirements ``for the benefit
of downstream fish and wildlife''; repayment contract
provisions for the Ochoco Irrigation District (District);
requirements that Reclamation participate in ``dry-year
management planning meetings''; and savings clause language
clarifying the bill's effect on existing law. This statement
summarizes the Department's interest in the most significant
provisions of each section.
An eight-mile segment of the Lower Crooked River near
Prineville, Oregon was designated as a National Wild and Scenic
River in 1988 with enactment of the Omnibus Oregon Wild and
Scenic Rivers Act (Public Law 100-557). The Lower Crooked River
meanders through canyons of deeply eroded basalt and banks
covered with riparian vegetation. A variety of wildlife
including river otters, beaver, great blue herons and mule deer
inhabit the corridor. A wide-range of recreation opportunities
are available along the Lower Crooked River including native
trout fishing, camping, hiking and boating.
When the Wild and Scenic River boundary was
administratively finalized for this section of the Crooked
River, the centerline of Bowman Dam was used as the upstream
terminus of the designation. However, the placement of the
beginning of the designation within this man-made feature is
both counterintuitive and cumbersome to administer. Section 2
of S. 1771 addresses this by moving that upper limit of the
designated river one-quarter mile downstream. The Department of
the Interior supports the proposed modification of the boundary
as a reasonable solution consistent with the original intent of
the Wild and Scenic designation. The Department is willing to
work with the Sponsor and the Committee to determine the exact
placement of the new boundary. Clearly the dam and related
facilities were never intended to be included within the wild
and scenic river designation.
Section 3 of S. 1771 amends the Act of August 6, 1956 (70
Stat. 1058), by requiring releases to serve as mitigation for
groundwater pumping by the City of Prineville. The Department
does not oppose the concept of providing releases to mitigate
for municipal use of groundwater. We believe the bill's
language of ``without further action by the Secretary . . .''
and its references to applicable Bureau of Reclamation
policies, directives and standards to be contradictory and
subject to interpretation as to the need for NEPA compliance
and a contract. We recommend deleting the words ``Without
further action by the Secretary of the Interior, beginning on
the date of enactment of the Crooked River Collaborative Water
Security Act of 2013'' and replacing it with, ``Upon passage of
the Crooked River Collaborative Water Security Act of 2013, the
Secretary of the Interior is authorized to contract with the
City of Prineville for up to 5,100 acre-feet of water in
Prineville Reservoir and upon receipt of required payments may
release such water on an annual basis to serve as mitigation .
. .''
An additional concern with S. 1771 is the bill's statement
that ``the Secretary may contract exclusively with the City of
Prineville for additional quantities of water, at the request
of the City of Prineville.'' This language would preferentially
benefit the City of Prineville and appears to close the door to
any potential future irrigation or municipal water contractors
of the Crooked River Project (Project).
first fill storage and release
Section 4 of S. 1771 also proposes an entirely new addition
to the 1956 Act. The proposed addition would provide existing
contractors and others with a ``first fill'' priority basis,
rather than the current situation where both contracted and
uncontracted storage space in Prineville Reservoir fill
simultaneously. While this provision is not likely to have any
immediate effect, it is possible under the proposed first fill
priority system that in very dry water years the last fill
entity could be shorted. Also, the additional quantity of water
reserved for the City of Prineville is not addressed in this
section, and Reclamation interprets the bill such that any
future quantities of water made available to the City (beyond
the 5,100 acre feet) will not be subject to first fill
protection and may affect the use of water for the benefit of
downstream fish and wildlife.
storage and release of remaining stored water quantities
The Department supports the concept of providing some of
the now uncontracted space in the reservoir for fish and
wildlife purposes. However, the inserted Section 7(a)
requirements to release all remaining stored water quantities
for the benefit of downstream fish and wildlife will prevent
Reclamation from issuing new contracts.
We note that the bill's language also inserts a Section
7(b) into the 1956 Act which would require that if a
consultation under the Endangered Species Act or an order of a
court requires releases of stored water from Prineville
Reservoir for fish and wildlife, the Secretary shall use
uncontracted stored water. Reclamation would interpret this
provision to set a new precedent in legislatively prescribing
operation of the Crooked River Project. Reclamation interprets
this section as altering but not eliminating agency discretion
with respect to contract water supplies, therefore, sufficient
discretion would remain with respect to the operation of the
Project to warrant consultation under Section 7(a)(2) of the
Endangered Species Act. The limit of Reclamation's discretion
is not entirely clear, and could be subject to contrary
interpretations.
S. 1771 adds a Section 7 (c) to the 1956 Act, requiring the
development of ``annual release schedules'' to maximize
biological benefit for downstream fish and wildlife. This
subsection also requires consideration of guidance provided on
the annual release schedule by the Warm Springs Reservation of
Oregon and the State of Oregon and an opportunity for comment
and advice on the annual release schedules by the U.S. Fish and
Wildlife Service and the National Marine Fisheries Service. As
in past versions of this bill, Reclamation notes a potential
for conflict if the federal, state and tribal management
priorities are not aligned. Likewise, the limitation of the use
of the reservoir for downstream resources, could cause similar
problems if a species were to be listed in or above the
Reservoir. As drafted however, Reclamation would interpret the
amended Section 7(c) as not to alter Reclamation's obligations
under Section 7(a)(2) of the Endangered Species Act.
Section 5 of S. 1771 would provide for early repayment of
project construction costs by landowners within the District
and the District's participation in conserved water projects of
the State of Oregon. The Department fully supports these
objectives and has no concerns regarding corresponding language
in the bill.
The Department also supports the McKay Creek Exchange
Project which has been the subject of periodic discussions
between the District and Reclamation and which would provide
enhanced instream flows in McKay Creek in exchange for water
from a portion of the uncontracted water supply from Prineville
Reservoir.
The Department does not see the need for language in
Section 6 of S. 1771 requiring that Reclamation participate in
``Dry Year Management Planning'' meetings and develop a Dry
Year Management Plan. Reclamation already has standing
authority to provide technical and planning assistance to
state, local and tribal government entities under Title II of
the Reclamation States Emergency Drought Relief Act (PL 102-250
as amended). This planning authority does not expire, and is
not subject to a standing drought declaration being in place in
the area of interest. The Drought Act authority is sufficiently
broad to cover the topic areas proscribed in Section 6 of S.
1771, without creating a new Congressional reporting burden on
the Department. However, if this language remains, we suggest
deleting at the end of Section 6(c), ``with the voluntary
agreement of North Unit Irrigation District and other Bureau of
Reclamation contract holders referred to in that paragraph, the
Secretary may release that quantity of water for the benefit of
downstream fish and wildlife as described in section 7 of that
Act.'' This language limits Reclamation's authority and creates
a burdensome requirement that could more efficiently be
addressed by requiring entities to contact Reclamation prior to
June 1 of any year or the water will be released downstream.
While the Department supports the goals of S. 1771, we
believe that the bill would benefit from changes as outlined
here. This concludes my written statement. I am pleased to
answer questions at the appropriate time.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1771, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is in italic, and existing law in which no
change is proposed in shown in roman):
WILD AND SCENIC RIVERS ACT
Public Law 90-542 as amended
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
* * * * * * *
(72) Crooked, Oregon.--
(A) In general.--The 14.75-mile segment from
the National Grassland boundary to Dry Creek,
to be administered by the Secretary of the
Interior in the following classes:
(i) The 7-mile segment from the
National Grassland boundary to River
Mile 8 south of Opal Spring, as a
recreational river.
(ii) The 7.75-mile segment from a
point \1/4\-mile downstream from the
center crest of Bowman Dam, as a
recreational river.
(B) Hydropower.--In any license application
relating to hydropower development (including
turbines and appurtenant facilities) at Bowman
Dam, the applicant, in consultation with the
Director of the Bureau of Land Management,
shall--
(i) analyze any impacts to the
scenic, recreational, and fishery
resource values of the Crooked River
from the center crest of Bowman Dam to
a point \1/4\-mile downstream that may
be caused by the proposed hydropower
development, including the future need
to undertake routine and emergency
repairs;
(ii) propose measures to minimize and
mitigate any impacts analyzed under
clause (i); and
(iii) propose designs and measures to
ensure that any access facilities
associated with hydropower development
at Bowman Dam shall not impede the
free-flowing nature of the Crooked
River below Bowman Dam.
* * * * * * *
ACT OF AUGUST 6, 1956
Public Law 992; Chapter 980 as amended
AN ACT To authorize construction by the Secretary of the Interior of
the Crooked River Federal reclamation project, Oregon
* * * * * * *
Sec. 4. In order to promote the preservation and
propagation of fish and wildlife in accordance with section 2
of the Act of August 14, 1946 (60 Stat. 1080, 16 U.S.C., sec.
661a), an appropriate screen and fish ladder shall be provided
at the diversion canal headworks of the Crooked River project
below Prineville Reservoir and a minimum release of ten cubic
feet per second shall be maintained from said reservoir for the
benefit of downstream fishlife [during those months when there
is no other discharge therefrom, but this release may be
reduced for brief temporary periods by the Secretary whenever
he may find that release of the full ten cubic feet per second
is harmful to the primary purpose of the project]. Without
further action by the Secretary of the Interior, beginning on
the date of enactment of the Crooked River Collaborative Water
Security Act of 2013, 5,100 acre-feet of water shall be
annually released from the project to serve as mitigation for
City of Prineville groundwater pumping, pursuant to and in a
manner consistent with Oregon State law, including any shaping
of the release of the water. The City of Prineville shall make
payments to the Secretary for the water, in accordance with
applicable Bureau of Reclamation policies, directives, and
standards. Consistent with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable
Federal laws, the Secretary may contract exclusively with the
City of Prineville for additional quantities of water, at the
request of the City of Prineville.
* * * * * * *
SEC. 6. FIRST FILL STORAGE AND RELEASE.
(a) In General.--Other than the 10 cubic feet per second
release provided for in section 4, and subject to compliance
with the flood curve requirements of the Corps of Engineers,
the Secretary shall, on a ``first fill'' priority basis, store
in and when called for in any year release from Prineville
Reservoir, whether from carryover, infill, or a combination of
both, the following:
(1) 68,273 acre-feet of water annually to fulfill all
16 Bureau of Reclamation contracts existing as of
January 1, 2011.
(2) Not more than 2,740 acre-feet of water annually
to supply the McKay Creek land, in accordance with
section 5 of the Crooked River Collaborative Water
Security Act of 2013.
(3) 10,000 acre-feet of water annually, to be made
available first to the North Unit Irrigation District,
and subsequently to any other holders of Reclamation
contracts existing as of January 1, 2011 (in that
order), pursuant to Temporary Water Service Contracts,
on the request of the North Unit Irrigation District or
the contract holders, consistent with the same terms
and conditions as prior such contracts between the
Bureau of Reclamation and District or contract holders,
as applicable.
(4) 5,100 acre-feet of water annually to mitigate the
City of Prineville groundwater pumping under section 4,
with the release of this water to occur not based on an
annual call, but instead pursuant to section 4 and the
release schedule developed pursuant to section 7(c).
(b) Carryover.--Except for water that may be called for and
released after the end of the irrigation season (either as City
of Prineville groundwater pumping mitigation or as a voluntary
release, in accordance with section 4 of this Act and section
6(c) of the Crooked River Collaborative Water Security Act of
2013, respectively), any water stored under this section that
is not called for and released by the end of the irrigation
season in a given year shall be--
(1) carried over to the subsequent water year, which,
for accounting purposes, shall be considered to be the
1-year period beginning October 1 and ending September
30, consistent with Oregon State law; and
(2) accounted for as part of the ``first fill''
storage quantities of the subsequent water year, but
not to exceed the maximum ``first fill'' storage
quantities described in subsection (a).
SEC. 7. STORAGE AND RELEASE OF REMAINING STORED WATER QUANTITIES.
(a) Authorization.--
(1) In general.--Other than the quantities provided
for in section 4 and the ``first fill'' quantities
provided for in section 6, and subject to compliance
with the flood curve requirements of the Corps of
Engineers, the Secretary shall store in and release
from Prineville Reservoir all remaining stored water
quantities for the benefit of downstream fish and
wildlife.
(2) Requirement.--The Secretary shall release the
remaining stored water quantities under paragraph (1)
consistent with subsection (c).
(b) Applicable Law.--If a consultation under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or an order of a
court in a proceeding under that Act requires releases of
stored water from Prineville Reservoir for fish and wildlife
downstream of Bowman Dam, the Secretary shall use uncontracted
stored water.
(c) Annual Release Schedule.--
(1) In general.--The Commissioner of Reclamation
shall develop annual release schedules for the
remaining stored water quantities in subsection (a) and
the water serving as mitigation for City of Prineville
groundwater pumping pursuant to section 4.
(2) Guidance.--To the maximum extent practicable and
unless otherwise prohibited by law, the Commissioner of
Reclamation shall develop and implement the annual
release schedules consistent with the guidance provided
by the Confederated Tribes of the Warm Springs
Reservation of Oregon and the State of Oregon to
maximize biological benefit for downstream fish and
wildlife, after taking into consideration multiyear
water needs of downstream fish and wildlife.
(3) Comments from federal fish management agencies.--
The National Marine Fisheries Service and the United
States Fish and Wildlife Service shall have the
opportunity to provide advice with respect to, and
comment on, the annual release schedule developed by
the Commissioner of Reclamation under this subsection.
(d) Required Coordination.--The Commissioner of Reclamation
shall perform traditional and routine activities in a manner
that coordinates with the efforts of the Confederated Tribes of
the Warm Springs Reservation of Oregon and the State of Oregon
to monitor and request adjustments to releases for downstream
fish and wildlife on an in-season basis as the Confederated
Tribes of the Warm Springs Reservation of Oregon and the State
of Oregon determine downstream fish and wildlife needs require.
(e) Carryover.--
(1) In general.--Any water stored under subsection
(a) in 1 water year that is not released during the
water year--
(A) shall be carried over to the subsequent
water year; and
(B)(i) may be released for downstream fish
and wildlife resources, consistent with
subsections (c) and (d), until the reservoir
reaches maximum capacity in the subsequent
water year; and
(ii) once the reservoir reaches maximum
capacity under clause (i), shall be credited to
the ``first fill'' storage quantities, but not
to exceed the maximum ``first fill'' storage
quantities described in section 6(a).
(f) Effect.--Nothing in this section affects the authority
of the Commissioner of Reclamation to perform all other
traditional and routine activities of the Commissioner of
Reclamation.
SEC. 8. RESERVOIR LEVELS.
The Commissioner of Reclamation shall--
(1) project reservoir water levels over the course of
the year; and
(2) make the projections under paragraph (1)
available to--
(A) the public (including fisheries groups,
recreation interests, and municipal and
irrigation stakeholders);
(B) the Director of the National Marine
Fisheries Service; and
(C) the Director of the United States Fish
and Wildlife Service.
SEC. 9. EFFECT.
Except as otherwise provided in this Act, nothing in this
Act--
(1) modifies contractual rights that may exist
between contractors and the United States under
Reclamation contracts;
(2) amends or reopens contracts referred to in
paragraph (1); or
(3) modifies any rights, obligations, or requirements
that may be provided or governed by Federal or Oregon
State law.