Page:United States Statutes at Large Volume 104 Part 4.djvu/997

 PUBLIC LAW 101-618—NOV. 16, 1990 104 STAT. 3313 (1) The Secretary of the Army, in consultation with and with the assistance of the Pyramid Lake Tribe, State of Nevada, Environmental Protection Agency, the Secretary, and other interested parties, is authorized and directed to incorporate into its ongoing reconnaissance level study of the Truckee River, a study of the rehabilitation of the lower Truckee River to and including the river terminus delta at Pyramid Lake, for the benefit of the Pyramid Lake fishery. Such study shall analyze, among other relevant factors, the feasibility of: (A) restoring riparian habitat and vegetative cover; (B) stabilizing the course of the Truckee River to minimize erosion; (C) improving spawning and migratory habitat for the curui; (D) improving spawning and migratory habitat for the Lahontan cutthroat trout; and (E) improving or replacing existing facilities, or creating new facilities, to enable the efficient passage of curui and Lahontan cutthroat trout through or around the delta at the mouth of the Truckee River, and to upstream reaches above Derby Dam, to obtain access to upstream spawning habitat. (2) There are authorized to be appropriated to the Secretary of the Army such funds as are necessary to supplement the ongoing reconnaissance level study, referenced in paragraph (1), to address and report on the activities and facilities described in that paragraph. (c) ACQUISITION OF WATER RIGHTS.— (1) The Secretary is authorized to acquire water and water rights, with or without the lands to which such rights are appurtenant, and to transfer, hold, and exercise such water and water rights and related interests to assist the conservation and recovery of the Pyramid Lake fishery in accordance with the provisions of this subsection. Water rights acquired under this subsection shall be exercised in a manner consistent with the Operating Agreement and the Preliminary Settlement Agreement as modified by the Ratification Agreement and, to the maximum extent practicable, used for the benefit of the Pyramid Lake fishery and shall not be sold, exchanged, or otherwise disposed of except to the benefit of the Pyramid Lake fishery. (2) Acquisition of water rights and related interests pursuant to this subsection shall be subject to the following conditions: (A) water rights acquired must satisfy eligibility criteria adopted by the Secretary; (B) water right purchases shall be only from willing sellers, but the Secretary may target purchases in areas deemed by the Secretary to be most beneficial to such a purchase program; (C) prior to acquiring any water or water rights in the State of California for the Pyramid Lake fishery, the Secretary shall first consult with the Governor of California and prepare a record of decision on the basis of such consultation; (D) all water rights shall be transferred in accordance with any applicable State law; and Appropriation authorization. Reports. Records.

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