Page:United States Statutes at Large Volume 108 Part 5.djvu/1068

 108 STAT. 4558 PUBLIC LAW 103-434—OCT. 31, 1994 to be available to meet water entitlements; and (B) provide instream flows in accordance with the following criteria: Water Supply Estimate for Period (million acre feet): April thru September May thru September June thru September July thru September Target Flow from Date of Estimate thru October Downstream of (cubic feet per second): Sunnyside Diversion Dam Prosser Di - version Dam (1) 3.2 (2) 2.9 (3) 2.65 2.9 2.65 2.4 2.4 2.2 2.0 1.9 1.7 1.5 Less than line 3 water supply 600 500 400 300 600 500 400 300 (2) The initial target flows represent target flows at the respective points. Reasonable fluctuations from these target flows are anticipated in the operation of the Yakima Project, except that for any period exceeding 24 hours— (A) actual flows at the Sunnyside Diversion Dam may not decrease to less than 65 percent of the target flow at the Sunnyside Diversion Dam; and (B) actual flows at the Prosser Diversion Dam may not decrease by more than 50 cubic feet per second from the target flow. (3) The instream flows shall be increased for interim periods during any month of April through October to facilitate when necessary the outward migration of anadromous fish. Increased instream flows for such interim periods shall be obtained through voluntary sale and leasing of water or water rights or from conservation measures taken under this title. (4)(A)(i) Within the three-year period beginning when appropriations are first provided to carry out the Basin Conservation Program, the instream flow goal in the Yakima River is as follows: to secure water which is to be used for instream flows to facilitate meeting recommendations of the System Operations Advisory Committee for flushing flows or other instream uses. (ii) In addition to any other authority of the Secretary to provide water for flushing flows, the water required to meet the goal specified in clause (i) shall be acquired through the voluntary purchase or lease of land, water, or water rights and from the development of additional storage capability at Lake Cle Elum provided for in section 1206(a). (iii) In addition to water required to meet the instream flow goal specified in clause (i), the System Operations Advisory Committee may recommend additional water to meet instream flow goals pursuant to judicial actions. (B) After the period referred to in subparagraph (A), such instream flow goal is modified as follows: (i) The goal increases so that the instream target flows specified in the table in paragraph (1) increase by 50 cubic feet per second for each 27,000 acre-feet of reduced annual water diversions achieved through implementation of measures under the Basin Conservation Program. Such increases do not

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