Agenda - Public Works Committee - 10/20/2020

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S. 3021-123 the Secretary determines provides a comparable benefit to the United States). "(2) KLAMATH PROJECT. — "(A) IN GENERAL. —The term `Klamath Project' means the Bureau of Reclamation project in the States of Cali- fornia and Oregon. "(B) INCLUSIONS. —The term `Klamath Project' includes any dam, canal, or other works or interests for water diversion, storage, delivery, and drainage, flood control, or any similar function that is part of the project described in subparagraph (A). "(3) POWER COST BENCHMARK. —The term `power cost bench- mark' means the average net delivered cost of power for irriga- tion and drainage at Reclamation projects in the area sur- rounding the Klamath Project that are similarly situated to the Klamath Project, including Reclamation projects that — "(A) are located in the Pacific Northwest; and "(B) receive project -use power. "(b) WATER ACTIVITIES AND DROUGHT RESPONSE.— "(1) IN GENERAL. —Pursuant to the reclamation laws and subject to appropriations and required environmental reviews, the Secretary may carry out activities, including entering into a contract or making financial assistance available through cooperative agreements or other methods — "(A) to plan, implement, and administer programs to align water supplies and demand for irrigation water users associated with the Klamath Project, with a primary emphasis on programs developed or endorsed by local enti- ties comprised of representatives of those water users; "(B) Expenditures under this paragraph shall not exceed $10 million on an average annual basis. "(2) 2018 DROUGHT RESPONSE. —All disbursements made or to be made based on actions approved by the Secretary under Contract Numbers 18—WC-20-5322 and 18—WC-20- 5323 are authorized. "(3) REQUIREMENTS. —The Secretary shall ensure that the activities under this subsection — "(A) do not foster groundwater use that results in groundwater level declines that, based on existing data from the United States Geological Survey, are more than appropriate in a critically dry year, taking into consider- ation the long-term sustainability of aquifers; "(B) do not adversely affect compliance with applicable laws protecting fishery resources in Upper Klamath Lake and the Klamath River. "(4) CONVEYANCE OF NON -PROJECT WATER. — "(A) IN GENERAL. —Subject to subparagraphs (B) and (C), any entity operating under a contract entered into with the United States for the operation and maintenance of any Klamath Project works or facility, and any entity operating any works or facility not owned by the United ,S'tatac that raraivac Klamath Prniart cxTatar maxi nca cx�ith_