15.2. On-Project Plan

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15.2.1. Purpose and Scope The purpose of the On-Project Plan for the Klamath Reclamation Project is to align water supply and demand for the areas that rely in whole or part on water diverted from the Settlement Points of Diversion identified in Appendix E-1, exclusive of all of LKNWR other than Area K lands (On-Project Plan Area or OPPA) consistent with the diversion limitations provided in Appendix E-1 and Section 15.3.1.A, the availability of supplies not affected by such limitations, and the terms of Section 15.1.2, on an annual and ongoing basis. The On-Project Plan shall be developed, implemented, and administered consistent with these provisions and Sections 15.2.3 and 15.2.4.

A. The On-Project Plan will include a specific objective that groundwater pumping as provided in the plan will not have an Adverse Impact as defined in Section 15.2.4.A.i.

B. The Parties understand that the development of the On-Project Plan will assume no significant change from historic availability of surface water supplies other than the limitations created by Section 15.3.1.A and Appendix E-1, and no significant change from historic timing or scheduling of diversions, recognizing the

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variability in all of these parameters and applying appropriate judgment.

C. If, during the implementation and administration of the On- Project Plan, KWAPA determines that the plan measures, including funding, are inadequate to meet the purpose of the plan described above, it shall notify Reclamation and the KBCC. The KBCC, in coordination with Reclamation, shall consider and report on the inadequacy not later than in the issuance of its next annual report under Section 5.4.2.B. If the KBCC identifies that additional funding is needed, the Parties shall support such funding; Provided, that this procedure does not limit KWAPA or other Parties from pursuing such additional funding or measures as they consider appropriate.

D. Notwithstanding Section 15.1.2.C, the provision of Section
15.1.2.D.i concerning the development and approval of the On- Project Plan as it relates to National Wildlife Refuges shall be effective upon the Effective Date, and the remainder of said provision shall be applicable consistent with Sections 15.2.2.B.ii and iii.

15.2.2. Development, Adoption, Implementation, and Administration KWAPA shall be the Lead Party to prepare the On-Project Plan. KWAPA shall have sole responsibility for developing, adopting, implementing and administering the plan, except as it pertains to National Wildlife Refuge lands as provided in and subject to Section 15.1.2.D.i, and subject to the terms of Sections
15.2.2.B and 15.2.4.B.iv.

A. Funding The Non-Federal Parties shall support authorization and appropriation of funds in the amounts estimated by Appendix C-2 for the development, implementation, and administration of the On-Project Plan, including completion of any required environmental review. In addition, Reclamation shall consider whether funds made available for the Interim Flow and Lake Level Program that are not expended in a year should be made available for the On-Project Plan pursuant to Section 20.4.4 to accomplish the purpose of this Section 15.2. The Parties support utilization of funds appropriated or otherwise made available for the implementation of the On-Project Plan in a manner consistent with section 14.3.1, irrespective of the establishment or nonestablishment of the fund described in that section. The Parties further agree that any funds used in the implementation of the program in Section 17 shall be deemed not to be available to KWAPA for

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implementation of the On-Project Plan for purposes of Sections 15.2 and 15.3.

B. Schedule i. Development and Adoption Not later than 18 months after distribution to KWAPA of the On-Project Plan development funds estimated in Appendix C-2 (first entry in item 66), KWAPA shall complete the development of the On-Project Plan consistent with Section 15.1.2.D.i. Upon such completion, it shall submit the plan to Reclamation for approval. Reclamation shall evaluate and approve the plan within 60 days of completion of any required environmental review and determination that: (1) the plan reasonably meets the stated purpose of Section 15.2.1 and (2) the plan is consistent with the remaining provisions of this Agreement. Not later than 45 days after approval of the plan by Reclamation, KWAPA shall adopt the plan and provide Notice to the other Parties.

ii. Implementation The Non-Federal Parties shall support the authorization and appropriation of funds, as estimated in Appendix C-2, for KWAPA to implement and administer the approved and adopted On-Project Plan. KWAPA shall complete the actions identified in the approved On-Project Plan necessary for the full implementation of the plan. Implementation includes making the necessary agreements, constructing facilities, coordination with the Refuge Manager under Section 15.1.2.D.i as applicable, or concluding other measures to be able to accomplish the purpose of the plan by the date selected by KWAPA pursuant to Section 15.3.8.A or as modified under Section 15.3.8.B if applicable. Thus, the Parties understand that implementation may include, for example, completion of measures to enhance water management and efficiency, or entering a long-term or permanent agreement with a landowner which would afford KWAPA the right to direct the landowner to forebear from use of water from Upper Klamath Lake or the Klamath River in specified future circumstances.

iii. Administration Administration of the On-Project Plan consists of employing on a year-to-year basis, consistent with Section 15.1.2.D.i, any or all implementation measures determined by KWAPA to be

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appropriate to reduce demand in the OPPA for water from Upper Klamath Lake and the Klamath River, as described in
(a) through (c) below. Thus, the Parties understand that plan administration might include, for example, directing a landowner to refrain from use of water from Upper Klamath Lake and the Klamath River in a given year, pursuant to a contract entered as part of plan implementation. The Parties support the use of funds as identified in Section 15.2.2.A, to the extent not used in the implementation of the On-Project Plan, for the administration of the On-Project Plan by KWAPA.

a. Upon the effectiveness of Appendix E-1, KWAPA, consistent with Section 15.1.2.D.i, shall administer the On-Project Plan consistent with the purpose of the plan in Section 15.2.1.

b. In addition, the following applies during the period after the applicable deadline for the full implementation of the On-Project Plan in Section 15.3.8.A has passed but before Appendix E-1 is effective. On an annual basis, KWAPA shall administer the On-Project Plan to reduce demand for water from Upper Klamath Lake and Klamath River in the OPPA during March through October if it receives notification from the Secretary as provided here. The Secretary may provide a notification specifying a DIVERSION value in acrefeet. In determining that value, the Secretary shall consider the implications for the Refuges. KWAPA shall administer the On-Project Plan in the manner it would administer the On-Project Plan in order to align water supply and demand in the OPPA as if there were a limitation on DIVERSION equal to the DIVERSION value specified by the Secretary. Any such DIVERSION value may be equal to but shall be no less than the maximum DIVERSION that could occur in the given year if Appendix E-1 were in effect in that year. The Secretary’s notification under this section does not create a limitation on DIVERSION and is not binding on the operators of the Settlement Points of Diversion, and serves only to trigger an obligation on the part of KWAPA to reduce demand as described herein. Nothing in this section authorizes the Secretary to determine or direct how administration of the On project Plan will occur; administration shall be by KWAPA, consistent with Section 15.1.2.D.i; provided that, consistent with Section 15.1.2.J, KWAPA shall

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coordinate with the Refuge Manager with respect to how administration activities will avoid disproportionate consequences for LKNWR. The Secretary’s notification to KWAPA shall create an obligation for KWAPA only if provided by March 15. In order to determine the nature of any notification to be provided to KWAPA, the Secretary shall Timely confer with, and receive recommendations from, the TAT with respect to the need for Environmental Water. The Secretary shall also Timely confer with KWAPA prior to any notification under this provision, including, to the extent practicable, providing information in advance of any notification in order to facilitate KWAPA’s planning for administration. The Secretary shall consider the recommendations in light of the goals of this Agreement stated in Section 1.3 and the provision of funds to implement the On-Project Plan.

c. Nothing in (a) or (b) above precludes the administration of the On-Project Plan in other circumstances, consistent with Section 15.1.2.D.i.

iv. Periodic Amendment Consistent with an evolving understanding of appropriate management of the Klamath Reclamation Project and sound irrigation practice and annual experience in implementation and administration, KWAPA shall evaluate the On-Project Plan not less than every three years for refinement, or more often if required under the provisions of Section 15.2.4 below. Any amendment is subject to Section 15.1.2.D.i (Refuge Manager approval of the plan as to Refuge lands) and Section 15.2.2. B.i
(Reclamation approval of plan).

15.2.3. Elements In development of the On-Project Plan, KWAPA shall consider and evaluate the following measures for short-term, intermittent, long-term, and permanent application to meet the purpose of the plan: conservation easements, forbearance agreements, conjunctive use programs, efficiency measures, land acquisitions, water acquisitions, groundwater development, groundwater substitution, other voluntary transactions, water storage, and any other applicable measures.