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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