S 1759 IS111th CONGRESS
1stRS
Calendar No. 294
111th CONGRESS
2d Session
S. 1759
To authorize certain transfers of water in the Central Valley Project, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 7, 2009
Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
March 2, 2010
Reported by Mr. BINGAMAN, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To authorize certain transfers of water in the Central Valley Project, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. AUTHORIZATION OF IRRIGATION WATER TRANSFERS, CENTRAL VALLEY PROJECT.
(a) In General- Subject to subsection (b), the following voluntary water transfers shall be considered to meet the conditions described in subparagraphs (A) and (I) of section 3405(a)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4709):
(1) A transfer of irrigation water among Central Valley Project contractors from the Friant, San Felipe, West San Joaquin, and Delta divisions.
(2) A transfer of water among current or prior temporary orfrom a long-term water service, repayment, water rights settlement,Friant Division water service or exchange contractors withinrepayment contractor to a division of the Central Valley Projecttemporary or prior temporary water service contractor within the place of use in existence on the date of the transfer, as identified in the Bureau of Reclamation water rights permits for the Friant Division.
(b) Condition- A transfer under subsection (a) shall be subject to the condition that the transfer not interferecomply with --(1) the San Joaquin River Restoration Settlement Act (Public Law 111-11; 123 Stat. 1349), including the priorities described in section 10004(a)(4)(B) of that Act (123 Stat. 1350) relating to implementation of paragraph 16 of the Settlement (as defined in section 10003 of that Act (123 Stat. 1349)); and
(2) the Settlementall applicable Federal and State law.
SEC. 3. FACILITATION OF WATER TRANSFERS, CENTRAL VALLEY PROJECT.
(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation (referred to in this section as the ‘Secretary’), using such sums as are necessary, shall initiate and complete, on the most expedited basis practicable, the programmatic development of environmental documentation to facilitate voluntary water transfers within the Central Valley Project.(b) Inclusions- The environmental documentation under subsection (a) shall include, consistent with all applicable environmental reviews, permitting, and consultations, including the environmental documentation needed to address concerns with respect to the Giant Garter Snake (Thamnophis gigas)Federal and State law.
SEC. 4. REPORT ON CENTRAL VALLEY PROJECT WATER TRANSFERS.
(a) In General- Not later than January 10, 2010180 days after the date of enactment of this Act, the Commissioner of the Bureau of Reclamation (referred to in this section as the ‘Commissioner’) shall submit to the appropriate committees of Congress a report that--
(1) describes the status of efforts to help facilitate and improve the water transfers under this Act;
and(2
(2) evaluates potential effects of this Act on Federal programs, Indian tribes, Central Valley Project operations, the environment, groundwater aquifers, refuges, and communities; and
(3) provides recommendations on ways to facilitate, and improve the process for--
(A) water transfers within the Central Valley Project; and
(B) water transfers between the Central Valley Project and State water projectsother water projects in the State of California.
(b) Updates- Not later than July 15, 2010, and every 180 days thereafter until the Commissioner determines that no further Federal actionthe end of the water year in which the report is warranted or authorized with respect to the water transferssubmitted under this Actsubsection (a) and each of the 4 water years thereafter, the Commissioner shall update the report submitted under subsection (a).SEC. 5. TECHNICAL CORRECTIONS.Section 3405(a)(1) of the Central Valley Project Improvement Act (Public Law 102.
Calendar No. 294
111th CONGRESS
2d Session
S. 1759
[Report No. 111-575; 106 Stat. 4710) is amended--(1) in the first sentence, by striking ‘transfers to’ and inserting ‘transfers of’; and
(2) in subparagraph (A), by striking ‘to combination’ and inserting ‘or combination’.
144]
A BILL
To authorize certain transfers of water in the Central Valley Project, and for other purposes.
March 2, 2010
Reported with an amendment
U.S. Congress - Text of S.1759 as Reported in Senate Water Transfer Facilitation Act of 2009
