< Back to H.R. 495 (110th Congress, 2007–2009)

Text of the Oregon Water Resources Management Act of 2007

This bill was introduced in a previous session of Congress and was passed by the House on July 23, 2007 but was never passed by the Senate. The text of the bill below is as of Jul 23, 2007 (Passed the House (Engrossed)).

This is not the latest text of this bill.

Source: GPO

I

110th CONGRESS

1st Session

H. R. 495

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To update the management of Oregon water resources, and for other purposes.

1.

Short title

This Act may be cited as the Oregon Water Resources Management Act of 2007.

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.

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.

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.

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:

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..

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.

Lorraine C. Miller,

Clerk.