Page:United States Statutes at Large Volume 102 Part 3.djvu/842

 102 STAT. 2794

PUBLIC LAW 100-557—OCT. 28, 1988

SEC. 209. LEASE AND PURCHASE OF WATER.

Appropriation authorization.

The Secretary is authorized to acquire from willing parties land, water rights, or interests therein for benefit of fishery resources consistent with the purpose of this title: Provided, That acquisition of water rights shall be in accordance with applicable State law. There is hereby authorized to be appropriated not more than $1,000,000 to accomplish the purposes of this section. SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

(a) There is hereby authorized to be appropriated for construction of the Umatilla Basin Project and the study authorized by section 213 of this title the sum of $42,400,000 (April 1987 prices), less any amounts previously appropriated for the project, plus or minus such amounts as may be required by reason of changes in the cost of construction work of the types involved therein as shown by applicable engineering cost indices and exclusive of facilities indicated in section 2100^) of this title: Provided, That such funds are authorized to be appropriated only through the tenth fiscal year after which construction funds are first made available: Provided further. That all costs, including operation and maintenance costs, allocated to the mitigation of anadromous fish species and the study authorized in section 213 of this title shall be nonreimbursable. There are also authorized to be appropriated such sums as may be required for the Federal share of operation and maintenance of the project, including the monitoring and evaluation of project accomplishments. O> Related fish passage and protective facilities constructed or to t) be constructed by the Bonneville Power Administration that are features of the Columbia River Fish and Wildlife Program established pursuant to the Pacific Northwest Electric Power Planning and Conservation Act (94 Stat. 2697) shall be consolidated into calculations of project costs and benefits: Provided, That the Secretary shall not request an appropriation of funds to construct any such facilities. SEC. 211. WATER RIGHTS.

Nothing in this title shall be construed to— (1) impair the validity of or preempt any provision of State water law, or of any interstate compact governing water; (2) alter the rights of any State to any appropriated share of the waters of any body or surface or ground water, whether determined by past or future interstate compacts, or by past or future legislative or final judicial allocations; (3) preempt or modify any State or Federal law or interstate compact dealing with water quality or disposal; (4) confer upon any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resources; or (5) affect any water rights of any Indian or Indian tribe if such rights were established by the setting aside of a reservation by treaty, Executive order, agreements, or Act of Congress. SEC. 212. REHABILITATION AND BETTERMENT AUTHORIZATION. Conservation.

For purposes of encouraging water conservation and improvements to water supply systems of the irrigation districts participating in the project authorized by this title, Stanfield and Westland Irrigation Districts shall be eligible to receive financial assistance,

�