Pub. L. 116-9, tit. VIII, subtit. C, sec. 8204 (as amended)
YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS.
SEC. 8204. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS.
(a) [16 U.S.C. 544 note] Redesignation of Yakama Nation.âSection 1204(g) of Public Law 103-434 (108 Stat. 4557)is amendedâ
(1) by striking the subsection designation and heading and all that follows through paragraph (1) and inserting the following:
â(g) Redesignation of Yakama Indian Nation to Yakama Nation.â
â(1) Redesignation.âThe Confederated Tribes and Bands of the Yakama Indian Nation shall be known and designated as the âConfederated Tribes and Bands of the Yakama Nationâ.â
; and
(2) in paragraph (2), by striking âdeemed to be a reference to the âConfederated Tribes and Bands of the Yakama Indian Nationâ.â and inserting âdeemed to be a reference to the âConfederated Tribes and Bands of the Yakama Nationâ.â.
(b) Operation of Yakima Basin Projects.âSection 1205 of Public Law 103-434 (108 Stat. 4557) is amendedâ
(1) in subsection (a)(4)â
(A) in subparagraph (A)â
(i) in clause (i)â
(I) by inserting âadditionalâ after âsecureâ;
(II) by striking âflushingâ and inserting âpulseâ; and
(III) by striking âusesâ and inserting âuses, in addition to the quantity of water provided under the treaty between the Yakama Nation and the United Statesâ;
(ii) by striking clause (ii);
(iii) by redesignating clause (iii) as clause (ii); and
(iv) in clause (ii) (as so redesignated) by inserting âand water rights mandatedâ after âgoalsâ; and
(B) in subparagraph (B)(i), in the first sentence, by inserting âin proportion to the funding receivedâ after âProgramâ;
(2) in subsection (b), in the second sentence, by striking âinstream flows for use by the Yakima Project Manager as flushing flows or as otherwiseâ and inserting âfishery purposes, asâ; and
(3) in subsection (e), by striking paragraph (1) and inserting the following:
â(1) In general.âAdditional purposes of the Yakima Project shall be any of the following:
â(A) To recover and maintain self-sustaining harvestable populations of native fish, both anadromous and resident species, throughout their historic distribution range in the Yakima River basin.
â(B) To protect, mitigate, and enhance aquatic life and wildlife.
â(C) Recreation.
â(D) Municipal, industrial, and domestic use.â
.
(c) Enhancement of Water Supplies for Yakima Basin Tributaries.âSection 1207 of Public Law 103-434 (108 Stat. 4560) is amendedâ
(1) in the section heading, by striking âsuppliesâ and inserting âmanagementâ;
(2) in subsection (a)â
(A) in the matter preceding paragraph (1), by striking âsuppliesâ and inserting âmanagementâ;
(B) in paragraph (1), by inserting âand water supply entitiesâ after âownersâ; and
(C) in paragraph (2)â
(i) in subparagraph (A), by inserting âthat choose not to participate in, or opt out of, tributary enhancement projects pursuant to this sectionâ after âwater right ownersâ; and
(ii) in subparagraph (B), by inserting ânonparticipatingâ before âtributary water usersâ;
(3) in subsection (b)â
(A) in paragraph (1)â
(i) by striking the paragraph designation and all that follows through â(but not limited to)ââ and inserting the following:
â(1) In general.âThe Secretary, following consultation with the State of Washington, tributary water right owners, and the Yakama Nation, and on agreement of appropriate water right owners, is authorized to conduct studies to evaluate measures to further Yakima Project purposes on tributaries to the Yakima River. Enhancement programs that use measures authorized by this subsection may be investigated and implemented by the Secretary in tributaries to the Yakima River, including Taneum Creek, other areas, or tributary basins that currently or could potentially be provided supplemental or transfer water by entities, such as the Kittitas Reclamation District or the Yakima-Tieton Irrigation District, subject to the condition that activities may commence on completion of applicable and required feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for further project development, as appropriate. Measures to evaluate includeââ
;
(ii) by indenting subparagraphs (A) through (F) appropriately;
(iii) in subparagraph (A), by inserting before the semicolon at the end the following: â, including irrigation efficiency improvements (in coordination with programs of the Department of Agriculture), consolidation of diversions or administration, and diversion scheduling or coordinationâ;
(iv) by redesignating subparagraphs (C) through (F) as subparagraphs (E) through (H), respectively;
(v) by inserting after subparagraph (B) the following:
â(C) improvements in irrigation system management or delivery facilities within the Yakima River basin when those improvements allow for increased irrigation system conveyance and corresponding reduction in diversion from tributaries or flow enhancements to tributaries through direct flow supplementation or groundwater recharge;
â(D) improvements of irrigation system management or delivery facilities to reduce or eliminate excessively high flows caused by the use of natural streams for conveyance or irrigation water or return water;â
;
(vi) in subparagraph (E) (as redesignated by clause (iv)), by striking âground waterâ and inserting âgroundwater recharge andâ;
(vii) in subparagraph (G) (as so redesignated), by inserting âor transferâ after âpurchaseâ; and
(viii) in subparagraph (H) (as so redesignated), by inserting âstream processes andâ before âstream habitatsâ;
(B) in paragraph (2)â
(i) in the matter preceding subparagraph (A), by striking âthe Taneum Creek studyâ and inserting âstudies under this subsectionâ;
(ii) in subparagraph (B)â
(I) by striking âand economicâ and inserting â, infrastructure, economic, and land useâ; and
(II) by striking âandâ at the end;
(iii) in subparagraph (C), by striking the period at the end and inserting â; andâ; and
(iv) by adding at the end the following:
â(D) any related studies already underway or undertaken.â
; and
(C) in paragraph (3), in the first sentence, by inserting âof each tributary or group of tributariesâ after âstudyâ;
(4) in subsection (c)â
(A) in the subsection heading, by inserting âand Nonsurface Storageâ after âNonstorageâ; and
(B) in the matter preceding paragraph (1), by inserting âand nonsurface storageâ after ânonstorageâ;
(5) by striking subsection (d);
(6) by redesignating subsection (e) as subsection (d); and
(7) in paragraph (2) of subsection (d) (as so redesignated)â
(A) in the first sentenceâ
(i) by inserting âand implementationâ after âinvestigationâ;
(ii) by striking âotherâ before âYakima Riverâ; and
(iii) by inserting âand other water supply entitiesâ after âownersâ; and
(B) by striking the second sentence.
(d) Chandler Pumping Plant and Powerplant-operations at Prosser Diversion Dam.âSection 1208(d) of Public Law 103-434 (108 Stat. 4562; 114 Stat. 1425) is amended by inserting ânegativelyâ before âaffectedâ.
- Cross-references to the US Code
- 16 U.S.C. 544 note
- Public laws referenced
- 103-434