YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

SEC. 1203. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM. (a) Establishment.—(1) The Secretary, in consultation with the State of Washington, the Yakama Indian Nation, Yakima River 108 STAT. 4552basin irrigators, and other interested parties, shall establish and administer a Yakima River Basin Water Conservation Program for the purpose of evaluating and implementing measures to improve the availability of water supplies for irrigation and the protection and enhancement of fish and wildlife resources, including wetlands, while improving the quality of water in the Yakima Basin. The Secretary may make grants to eligible entities for the purposes of carrying out this title under such terms and conditions as the Secretary may require. Such terms and conditions shall include a requirement that all water districts, irrigation districts, individuals, or other entities eligible to participate in the Basin Conservation Program must equip all surface water delivery systems within their boundaries with volumetric water meters or equally effective water measuring methods within 5 years of the date of enactment of this Act. (2) Conserved water resulting in whole or in part from the expenditure of Federal funds shall not be used to expand irrigation in the Yakima Basin, except as specifically provided in section 1204(a)(3) on the Yakama Indian Reservation. (3) The provisions of this section shall not apply to the Yakama Indian Nation except as to any funds specifically applied for from the Basin Conservation Program. (b) Four Phases of Program. —The Basin Conservation Program shall encourage and provide funding assistance for four phases of water conservation, which shall consist of the following: (1) The development of water conservation plans, consistent with applicable water conservation guidelines of the Secretary, by irrigation districts, conservation districts, water purveyors, other areawide entities, and individuals not included within an areawide entity. (2) The investigation of the feasibility of specific potential water conservation measures identified in conservation plans. (3) The implementation of measures that have been identified in conservation plans and have been determined to be feasible. (4) Post implementation monitoring and evaluation of implemented measures. (c) Conservation Advisory Group. — (1) Not later than 12 months after the date of enactment of this Act, the Secretary, in consultation with the State of Washington, the Yakama Indian Nation, Yakima River basin irrigators, and other interested and related parties, shall establish the Yakima River Basin Conservation Advisory Group. (2) Members of the Conservation Advisory Group shall be appointed by the Secretary and shall be comprised of— (A) one representative of the Yakima River basin nonproratable irrigators, (B) one representative of the Yakima River basin proratable irrigators, (C) one representative of the Yakama Indian Nation, (D) one representative of environmental interests, (E) one representative of the Washington State University Agricultural Extension Service, (F) one representative of the Department of Wildlife of the State of Washington, and (G) one individual who shall serve as the facilitator. (3) The Conservation Advisory Group shall— 108 STAT. 4553 (A) provide recommendations to the Secretary and to the State of Washington regarding the structure and implementation of the Basin Conservation Program, (B) provide recommendations to the Secretary and to the State of Washington regarding the establishment of a permanent program for the measurement and reporting of all natural flow and contract diversions within the basin, (C) structure a process to prepare a basin conservation plan as specified in subsection (f), (D) provide annual review of the implementation of the applicable water conservation guidelines of the Secretary, and (E) provide recommendations consistent with statutes of the State of Washington on rules, regulations, and administration of a process to facilitate the voluntary sale or lease of water. (4) The facilitator shall arrange for meetings of the Conservation Advisory Group, provide logistical support, and serve as moderator for the meetings. (5) The Conservation Advisory Group shall consult an irrigation district when considering actions specifically affecting that district. For the purposes of this paragraph, an irrigation district includes the Yakima Reservation Irrigation District. (6) The Conservation Advisory Group shall be nonvoting, seeking consensus whenever possible. If disagreement occurs, any member may submit independent comments to the Secretary. The Conservation Advisory Group shall terminate 5 years after the date of its establishment unless extended by the Secretary. (d) Cost Sharing.— (1) Except as otherwise provided by this title, costs incurred in the four phases of the Basin Conservation Program shall be shared as follows: Program Phase Non-Federal Federal Grant State Grant Local 1. Development of water conservation plans 50% but not more than $200,000 per recipient (Residual amount if any) 50% 2. Investigation of specific water conservation measures 50% but sum of 1 and 2 not greater than $200,000 per recipient 20% after deducting State funds for Item 2 Residual amount after deducting State and local funds for Item 2 3 and 4. Implementation and post implementation monitoring and evaluation 17.5% 17.5% 65.0% 108 STAT. 4554 (2) The Yakima River Basin Water Enhancement Project is a Federal action to improve streamflow and fish passage conditions and shall be considered part of a comprehensive program to restore the Yakima River basin anadromous fishery resource. Related fishery resource improvement facilities which utilize funding sources under the Pacific Northwest Electric Power Planning and Conservation Act of 1989 (94 Stat. 2697) and independent water-related improvements of the State of Washington and other public and private entities to improve irrigation water use, water supply, and water quality, shall be treated as non-Federal cost share expenditures and shall be consolidated in any final calculation of required cost sharing. Within one year of the date of enactment of this Act, the Secretary shall enter into a binding cost sharing agreement with the State of Washington. The agreement shall describe the terms and conditions of specific contributions and other activities that may, subject to approval by the Secretary, qualify as non-Federal cost share expenditures. (3) Costs of the Basin Conservation Program related to projects on the Yakama Indian Reservation are a Federal responsibility and shall be non-reimbursable and not subject to the cost-sharing provisions of this subsection. (e) Entity Water Conservation Plans.— To participate in the Conservation Basin Program an entity must submit a proposed water conservation plan to the Secretary. The Secretary shall approve a water conservation plan submitted under this subsection if the Secretary determines that the plan meets the applicable water conservation guidelines of the Secretary. (f) Basin Conservation Plan. —The Conservation Advisory Group shall, within 2½ years after the date of enactment of this Act, submit a draft basin conservation plan to the Secretary. (g) Public Comment. —The Secretary shall distribute the draft basin conservation plan and the entity water conservation plans submitted under subsections (e) and (f), respectively, for public comment for a 60-day period. (h) Publication of Basin Conservation Plan.—Within 60 days after the close of the comment period under subsection (g), the Secretary shall publish the Basin Conservation Plan which plan will provide the basis— (1) for prioritizing and allocating funds to implement conservation measures under this title; and (2) for preparing an interim comprehensive basin operating plan under section 1210 of this title as provided for in Public Law 96–162 (93 Stat. 1241). (i) Conservation Measures. — (1) Measures considered for implementation in the Basin Conservation Program may include, among others, conveyance and distribution system monitoring, automation of water conveyance systems, water measuring or metering devices and equipment, lining and piping of water conveyance and distribution systems, on-district storage, electrification of hydraulic turbines, tail-water recycling, consolidation of irrigation systems, irrigation scheduling, and improvement of on-farm water application systems. Basin Conservation Program funds may also be used throughout all four phases of the Basin Conservation Program to mitigate for adverse impacts of program measures. (2) In addition to implementing existing technologies, the Secretary shall encourage the testing of innovative water conservation measures. The Secretary shall, to the maximum extent possible 108 STAT. 4555under applicable Federal, State, and tribal law, cooperate with the State of Washington to facilitate water and water right transfers, water banking, dry year options, the sale and leasing of water, and other innovative allocation tools used to maximize the utility of existing Yakima River basin water supplies. (3) The Secretary may, consistent with applicable law, use funds appropriated to carry out this section for the purchase or lease of land, water, or water rights from any entity or individual willing to limit or forego water use on a temporary or permanent basis. Funds used for purchase or lease under this paragraph are not subject to the cost sharing provisions of subsection (d). Efforts to acquire water should be made immediately upon availability of funds to meet the three-year goal specified in section 1205(a)(4) to provide water to be used by the Yakima Project Superintendent under the advisement of the System Operations Advisory Committee for instream flow purposes. The use of Basin Conservation Program funds under this paragraph are in addition to those specifically authorized to be appropriated by subsection (j)(4). (4) On-farm water management improvements shall be coordinated with programs administered by the Secretary of Agriculture and State conservation districts. (j) Authorization of Appropriations.— There is hereby authorized to be appropriated to the Secretary, at September 1990 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations of applicable cost indexes, the following amounts for the Basin Conservation Program: (1) $1,000,000 for the development of water conservation plans. (2) $4,000,000 for investigation of specific potential water conservation measures identified in conservation plans for consideration for implementing through the Basin Conservation Program. (3) Up to $67,500,000 for design, implementation, post-implementation monitoring and evaluation of measures, and addressing environmental impacts. (4) Up to $10,000,000 for the initial acquisition of water from willing sellers or lessors specifically to provide instream flows for interim periods to facilitate the outward migration of anadromous fish flushing flows. Such funds shall not be subject to the cost sharing provisions of subsection (d). (5) $100,000 annually for the establishment and support of the Conservation Advisory Group during its duration. Such funds shall be available for travel and per diem, rental of meeting rooms, typing, printing and mailing, and associated administrative needs. The Secretary and the State of Washington shall provide appropriate staff support to the Conservation Advisory Group.