84 STAT. ]
PUBLIC LAW 91-307-JULY 7, 1970
409
Public Law 91-307 AN ACT To authorize the Secretary of the Interior to coiistniet. ojierate. and maintain the Toiichet division. Walla Walla project, Oregon-Washington, and for other purposes.
July 7, 1970 [^' '^^^]
Be if enacted by the Senate and House of RepreHentat'ivea of the United States of America in Congress assembled. That (a) for pur- waiia waua poses of supplying irrigation water initially for approximately ten wTih^ ' "^^^" thousand acres of land, providing municipal and industrial water, flood control, the enhancement of fish and wildlife resources, and the enhancement of recreation opportunities, the Secretary of the Interior (hereinafter referred to as the Secretary) is authorized to construct, operate, and maintain the Touchet division of the Walla Walla project, Oregon-Washington, in accordance with the Federal reclamation laws (Act of June 17, 1902, e32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal works of the division (here- ^^^^jg^^^ ^^^ ^'""^ inafter referred to as the project) shall consist of the Dayton Dam and Reservoir, fish passage facilities, a diversion dam, and associated drainage facilities. (b) The Secretary is authorized to construct the Dayton Dam and Dayton Dam and _ ^ ^ '.
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Keservoir to the physical limitations oi the site and to recognize the cost of providing such additional capacity as a deferred obligation to be paid, in accordance with section 2 of this Act, at such time as the additional storage capacity is contracted for: Provided, That until such additional storage capacity is contracted for, operation and maintenance costs attributable to the excess capacity shall be funded and added to the construction costs allocated to deferred capacity. (c) In order to assure a realization of the fish ahd wildlife enhancemeiit benefits contemplated by this Act, the Secretary shall adopt appropriate measures to insure the maintenance of a streamflow between Dayton Dam and the mouth of the Walla Walla River that is not less than thirty cubic feet per second unless he determines that a water shortage or other emergencies exist or that lesser flows would be adequate for the maintenance of fish life. SEC. 2. Irrigation r-epayment contracts shall provide for repayment of the obligation assumed thereunder with respect to any contract unit over a period of not more than fifty years, exclusive of any development period authorized by law. Construction costs allocated to irrigation beyond the ability of the irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707). SEC. 3. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Touchet division shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). All costs allocated to the enhancement of anadromous fish species shall be nonreimbursable. SEC. 4. The interest rate used for purposes of computing interest during construction and, where appropriate, interest on the unpaid balance of the reimbursable obligations assumed by non-Federal entities shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed averaije interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption from fifteen years from the date of issue, adjusted to the nearest one-eighth of 1 per centum.
Reservoir, con-
struction.
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irrigation repay-
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