H.R. 2060 (112th): Central Oregon Jobs and Water Security Act

Introduced:
May 31, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Greg Walden [R-OR2]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


6/5/2012.
Section 2 -
Amends the Wild and Scenic Rivers Act to modify the boundary of the Crooked River, Oregon. Requires the developer for any hydropower development at Bowman Dam to analyze any impacts to the Outstanding Remarkable Values of the Wild and Scenic River that may be caused by such development and propose mitigation for such impacts as part of any license application submitted to the Federal Energy Regulatory Commission (FERC).
Section 3 -
Increases (from 10 to 17 cubic feet per second) the minimum release that shall be maintained from the Prineville Reservoir for the benefit of downstream fish life.
Requires 7 of the 17 cubic feet per second release to serve as mitigation for the city of Prineville groundwater pumping, as determined necessary for any given year by the city, including any shaping of the release of the up to 7 cubic feet per second to coincide with the city's groundwater pumping as may be required by the state of Oregon. Authorizes the Secretary of the Army to make applications to that state in conjunction with that city to protect these supplies instream.
Directs the city to make payment to the Secretary for that portion of the minimum release that actually serves as mitigation under Oregon law.
Authorizes the Secretary to contract exclusively with the city for additional amounts in the future at the city's request.
Section 4 -
Directs the Secretary, on a "first fill" priority basis, to store in and release from the Reservoir: (1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011; (2) up to 2,740 acre feet of water annually to supply the McKay Creek lands; and (3) up to 10,000 acre feet of water annually to the North Unit Irrigation District, upon request, pursuant to a Temporary Water Service Contract.
Section 5 -
Authorizes any landowner within Ochoco Irrigation District, Oregon, to repay construction costs of project facilities allocated to that landowner's lands within that District. Requires the Secretary of the Interior, upon the request of a landowner who has repaid project construction costs, to provide certification of freedom from ownership and pricing limitations.
Modifies the District's reclamation contracts, on approval of the District directors, to:
(1) authorize the use of water for instream purposes in order for the District to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon law;
(2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek;
(3) classify approximately 685 of such acres as irrigable; and
(4) provide the District with stored water from Prineville Reservoir for supplying such 685 acres, contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the state's issuance of water rights for the use of stored water.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/112/2/hr2060.

Background

The Wild and Scenic Rivers System was created in 1968 with the intent of protecting the natural characteristics of the nation’s “outstanding,” free flowing rivers and their immediate surrounding environments from development. The Wild and Scenic Rivers Act provides three separate designations for rivers: wild, scenic, or recreational. According to the National Wild and Scenic River System, a river, or section of river, is designated wild if it is free of impoundments, has primitive shorelines, is only accessible by trails, and has unpolluted waters. Scenic rivers are meant to have largely undeveloped shorelines, may be accessible by roads in places, and are more developed than wild rivers. Rivers are designated as recreational if they are readily accessible by road, have some development along the shoreline, and may have had some impoundment or diversion (like a dam) in the past. If a river receives a Wild and Scenic River designation, no new dams may be constructed and federally-assisted water resource development projects would not be allowed. Specifically, the designation prohibits federal construction of dams or other facilities that endanger the free flow and/or resource value of the river. In the past, some segments of rivers that Congress has included in the Wild and Scenic River System have been scrutinized because they seemingly lacked the essential natural qualities needed to be designated as a scenic river.

According to Committee Report 112-438, The City of Prineville is located in Crook County, Oregon, and has had the State’s highest unemployment rates (ranging from 15%-20%) for several consecutive years due to loss of traditional logging and natural resources jobs. The recent construction of Faceboo’'s first custom-built data center within the City limits and the potential establishment of three other similar facilities could help reverse the economic situation. However, the lack of adequate water supplies could prevent further economic development.

Near the City, the Crooked River flows as a tributary of the Deschutes River. Both rivers serve as a valuable water supply source for irrigated agriculture in central Oregon. In fact, seven irrigation districts rely on water from these two rivers. The Arthur R. Bowman Dam, a Bureau of Reclamation-owned project on the River, plays a pivotal role in delivering some of that water. It is an earthen structure about 20 miles upstream from Prineville. The Dam's congressionally authorized purposes include flood control and irrigation. Water releases from the Dam also provide water for a cold-water fishery. Although the Dam impounds 160,000 acre feet of water at full capacity, approximately 80,000 acre feet of this water is not contracted for specific uses. However, the Bureau of Reclamation annually releases some of the uncontracted water supplies for fish and wildlife purposes into the lower Crooked River and will continue to do so during good water years.

Like much of the West, central Oregon has experienced controversies over the Endangered Species Act as part of the larger Columbia basin. As a way to protect irrigation districts in the local watershed and to reintroduce steelhead on an experimental basis, various parties at the governmental and non-governmental levels have worked on a collaborative basis. This legislation, as amended, seeks to continue that collaborative partnership through provisions that provide a long-term water supply for the area, generate clean and emissions-free hydropower and allocate more water for fishery’s purposes at no cost to the American taxpayer.

 

Summary

Wild and Scenic River; Crooked River Oregon: The bill would modify the Wild and Scenic Rivers Act to re-designate the boundary of the Wild and Scenic River designation on the Crooked River in Oregon. The bill would move the upper boundary line one quarter mile downstream of the Arthur R. Bowman Dam in order to allow up to six megawatts of hydropower development at the Dam which is otherwise restricted under the boundaries established by the Bureau of Land Management (BLM). The bill would require any future hydropower developer to analyze any related impacts to the river and propose mitigation for any impacts.

City of Prineville Water Supply: H.R. 2060 would expand the number of cubic feet per second of water released from the Arthur R. Bowman Dam to serve as a state mitigation credit for groundwater pumping by the City of Prineville, Oregon, and require the city to pay for the additional water release. The water released would serve as a state mitigation credit for groundwater pumping by the City of Prineville, however, the water released would not actually be withdrawn from the Crooked River.

First Fill Protection: The bill would require that the water supply contracts held between various irrigation districts and the federal government are met prior to the use or release of stored water behind the Dam for any new or additional purposes. The bill would also provide that nothing in this provision modifies existing contracts or any rights, obligations or requirements under Oregon law.

Ochoco Irrigation District: H.R. 2060 would allow the nearby Ochoco Irrigation District to pre-pay its capital repayment contract with the federal government and would require the Secretary of the Interior to certify that such amounts have been fully repaid. The provision would also provide a mechanism for an exchange of water and lands so that more water is used for fish restoration on McKay Creek. This section would also amend the water contracts to enable the District to participate in “Conserved Water Projects” under Oregon law, if it so chooses.

Cost

According to CBO, enacting H.R. 2060 would “have an insignificant impact on direct spending.” CBO estimated that provisions requiring repayments from local jurisdictions could increase federal receipts by up to $90,000 over ten years.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 70 Stat. 1058
  • 73 Stat. 554
  • 78 Stat. 954