Pub. L. 116-9, tit. VIII, subtit. C, sec. 8204 (as amended)

YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS.

Year: 2025Length: 1,016 wordsOfficial source
SEC. 8204. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS. (a) [16 U.S.C. 544 note] Redesignation of Yakama Nation.—Section 1204(g) of Public Law 103-434 (108 Stat. 4557)is amended— (1) by striking the subsection designation and heading and all that follows through paragraph (1) and inserting the following: “(g) Redesignation of Yakama Indian Nation to Yakama Nation.— “(1) Redesignation.—The Confederated Tribes and Bands of the Yakama Indian Nation shall be known and designated as the ‘Confederated Tribes and Bands of the Yakama Nation’.” ; and (2) in paragraph (2), by striking “deemed to be a reference to the ‘Confederated Tribes and Bands of the Yakama Indian Nation’.” and inserting “deemed to be a reference to the ‘Confederated Tribes and Bands of the Yakama Nation’.”. (b) Operation of Yakima Basin Projects.—Section 1205 of Public Law 103-434 (108 Stat. 4557) is amended— (1) in subsection (a)(4)— (A) in subparagraph (A)— (i) in clause (i)— (I) by inserting “additional” after “secure”; (II) by striking “flushing” and inserting “pulse”; and (III) by striking “uses” and inserting “uses, in addition to the quantity of water provided under the treaty between the Yakama Nation and the United States”; (ii) by striking clause (ii); (iii) by redesignating clause (iii) as clause (ii); and (iv) in clause (ii) (as so redesignated) by inserting “and water rights mandated” after “goals”; and (B) in subparagraph (B)(i), in the first sentence, by inserting “in proportion to the funding received” after “Program”; (2) in subsection (b), in the second sentence, by striking “instream flows for use by the Yakima Project Manager as flushing flows or as otherwise” and inserting “fishery purposes, as”; and (3) in subsection (e), by striking paragraph (1) and inserting the following: “(1) In general.—Additional purposes of the Yakima Project shall be any of the following: “(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. “(B) To protect, mitigate, and enhance aquatic life and wildlife. “(C) Recreation. “(D) Municipal, industrial, and domestic use.” . (c) Enhancement of Water Supplies for Yakima Basin Tributaries.—Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended— (1) in the section heading, by striking “supplies” and inserting “management”; (2) in subsection (a)— (A) in the matter preceding paragraph (1), by striking “supplies” and inserting “management”; (B) in paragraph (1), by inserting “and water supply entities” after “owners”; and (C) in paragraph (2)— (i) in subparagraph (A), by inserting “that choose not to participate in, or opt out of, tributary enhancement projects pursuant to this section” after “water right owners”; and (ii) in subparagraph (B), by inserting “nonparticipating” before “tributary water users”; (3) in subsection (b)— (A) in paragraph (1)— (i) by striking the paragraph designation and all that follows through “(but not limited to)—” and inserting the following: “(1) In general.—The 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 include—” ; (ii) by indenting subparagraphs (A) through (F) appropriately; (iii) in subparagraph (A), by inserting before the semicolon at the end the following: “, including irrigation efficiency improvements (in coordination with programs of the Department of Agriculture), consolidation of diversions or administration, and diversion scheduling or coordination”; (iv) by redesignating subparagraphs (C) through (F) as subparagraphs (E) through (H), respectively; (v) by inserting after subparagraph (B) the following: “(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; “(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;” ; (vi) in subparagraph (E) (as redesignated by clause (iv)), by striking “ground water” and inserting “groundwater recharge and”; (vii) in subparagraph (G) (as so redesignated), by inserting “or transfer” after “purchase”; and (viii) in subparagraph (H) (as so redesignated), by inserting “stream processes and” before “stream habitats”; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking “the Taneum Creek study” and inserting “studies under this subsection”; (ii) in subparagraph (B)— (I) by striking “and economic” and inserting “, infrastructure, economic, and land use”; and (II) by striking “and” at the end; (iii) in subparagraph (C), by striking the period at the end and inserting “; and”; and (iv) by adding at the end the following: “(D) any related studies already underway or undertaken.” ; and (C) in paragraph (3), in the first sentence, by inserting “of each tributary or group of tributaries” after “study”; (4) in subsection (c)— (A) in the subsection heading, by inserting “and Nonsurface Storage” after “Nonstorage”; and (B) in the matter preceding paragraph (1), by inserting “and nonsurface storage” after “nonstorage”; (5) by striking subsection (d); (6) by redesignating subsection (e) as subsection (d); and (7) in paragraph (2) of subsection (d) (as so redesignated)— (A) in the first sentence— (i) by inserting “and implementation” after “investigation”; (ii) by striking “other” before “Yakima River”; and (iii) by inserting “and other water supply entities” after “owners”; and (B) by striking the second sentence. (d) Chandler Pumping Plant and Powerplant-operations at Prosser Diversion Dam.—Section 1208(d) of Public Law 103-434 (108 Stat. 4562; 114 Stat. 1425) is amended by inserting “negatively” before “affected”.
Cross-references to the US Code
16 U.S.C. 544 note
Public laws referenced
103-434
Pub. L. 116-9, tit. VIII, subtit. C, sec. 8204 (as amended): YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND AUTHORIZATIONS. | Justis AI