Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	6,988	n/a	n/a
Reported in House	9,524	298	67%
Engrossed in House	9,537	46	4%
Placed on Calendar Senate	9,561	8 Show Changes Hide Changes	0%

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HR 1837 EHPCSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 1837CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To address certain water-related concerns on the San Joaquin River, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Sacramento-San Joaquin Valley Water Reliability Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--CENTRAL VALLEY PROJECT WATER RELIABILITY

Sec. 101. Amendment to purposes.CommentsClose CommentsPermalink





Sec. 102. Amendment to definition.CommentsClose CommentsPermalink





Sec. 103. Contracts.CommentsClose CommentsPermalink





Sec. 104. Water transfers, improved water management, and conservation.CommentsClose CommentsPermalink





Sec. 105. Fish, wildlife, and habitat restoration.CommentsClose CommentsPermalink





Sec. 106. Restoration fund.CommentsClose CommentsPermalink





Sec. 107. Additional authorities.CommentsClose CommentsPermalink





Sec. 108. Bay-Delta Accord.CommentsClose CommentsPermalink





Sec. 109. Natural and artificially spawned species.CommentsClose CommentsPermalink





Sec. 110. Authorized service area.CommentsClose CommentsPermalink





Sec. 111. Regulatory streamlining.CommentsClose CommentsPermalink

TITLE II--SAN JOAQUIN RIVER RESTORATION

Sec. 201. Repeal of the San Joaquin River settlement.CommentsClose CommentsPermalink





Sec. 202. Purpose.CommentsClose CommentsPermalink





Sec. 203. Definitions.CommentsClose CommentsPermalink





Sec. 204. Implementation of restoration.CommentsClose CommentsPermalink





Sec. 205. Disposal of property; title to facilities.CommentsClose CommentsPermalink





Sec. 206. Compliance with applicable law.CommentsClose CommentsPermalink





Sec. 207. Compliance with Central Valley Project Improvement Act.CommentsClose CommentsPermalink





Sec. 208. No private right of action.CommentsClose CommentsPermalink





Sec. 209. Implementation.CommentsClose CommentsPermalink





Sec. 210. Repayment contracts and acceleration of repayment of construction costs.CommentsClose CommentsPermalink





Sec. 211. Repeal.CommentsClose CommentsPermalink





Sec. 212. Water supply mitigation.CommentsClose CommentsPermalink





Sec. 213. Additional Authorities.CommentsClose CommentsPermalink

TITLE III--REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS

Sec. 301. Repayment contracts and acceleration of repayment of construction costs.CommentsClose CommentsPermalink

TITLE IV--BAY-DELTA WATERSHED WATER RIGHTS PRESERVATION AND PROTECTION

Sec. 401. Water rights and area-of-origin protections.CommentsClose CommentsPermalink





Sec. 402. Sacramento River settlement contracts.CommentsClose CommentsPermalink





Sec. 403. Sacramento River Watershed Water Service Contractors.CommentsClose CommentsPermalink





Sec. 404. No redirected adverse impacts.CommentsClose CommentsPermalink

TITLE V--MISCELLANEOUS

Sec. 501. Precedent.CommentsClose CommentsPermalink

TITLE I--CENTRAL VALLEY PROJECT WATER RELIABILITYCommentsClose CommentsPermalink

SEC. 101. AMENDMENT TO PURPOSES.

Section 3402 of the Central Valley Project Improvement Act (106 Stat. 4706) is amended--CommentsClose CommentsPermalink





(1) in subsection (f), by striking the period at the end; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(g) to ensure that water dedicated to fish and wildlife purposes by this title is replaced and provided to Central Valley Project water contractors by December 31, 2016, at the lowest cost reasonably achievable; andCommentsClose CommentsPermalink





‘(h) to facilitate and expedite water transfers in accordance with this Act.’.CommentsClose CommentsPermalink

SEC. 102. AMENDMENT TO DEFINITION.

Section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707) is amended--CommentsClose CommentsPermalink





(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink





‘(a) the term ‘anadromous fish’ means those native stocks of salmon (including steelhead) and sturgeon that, as of October 30, 1992, were present in the Sacramento and San Joaquin Rivers and their tributaries and ascend those rivers and their tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean;’;CommentsClose CommentsPermalink





(2) in subsection (l), by striking ‘and,’CommentsClose CommentsPermalink





(3) in subsection (m), by striking the period and inserting ‘; and’, andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(n) the term ‘reasonable flows’ means water flows capable of being maintained taking into account competing consumptive uses of water and economic, environmental, and social factors.’.CommentsClose CommentsPermalink

SEC. 103. CONTRACTS.

Section 3404 of the Central Valley Project Improvement Act (106 Stat. 4708) is amended--CommentsClose CommentsPermalink





(1) in the heading, by striking ‘limitation on contracting and contract reform’ and inserting ‘contracts’; andCommentsClose CommentsPermalink





(2) by striking the language of the section and by adding:CommentsClose CommentsPermalink





‘(a) Renewal of Existing Long-Term Contracts- Upon request of the contractor, the Secretary shall renew any existing long-term repayment or water service contract that provides for the delivery of water from the Central Valley Project for a period of 40 years.CommentsClose CommentsPermalink





‘(b) Administration of Contracts- Except as expressly provided by this Act, any existing long-term repayment or water service contract for the delivery of water from the Central Valley Project shall be administered pursuant to the Act of July 2, 1956 (70 Stat. 483).CommentsClose CommentsPermalink





‘(c) Delivery Charge- Beginning on the date of the enactment of this Act, a contract entered into or renewed pursuant to this section shall include a provision that requires the Secretary to charge the other party to such contract only for water actually delivered by the Secretary.’.CommentsClose CommentsPermalink

SEC. 104. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND CONSERVATION.

Section 3405 of the Central Valley Project Improvement Act (106 Stat. 4709) is amended as follows:CommentsClose CommentsPermalink





(1) In subsection (a)--CommentsClose CommentsPermalink





(A) by inserting before ‘Except as provided herein’ the following: ‘The Secretary shall take all necessary actions to facilitate and expedite transfers of Central Valley Project water in accordance with this Act or any other provision of Federal reclamation law and the National Environmental Policy Act of 1969.’;CommentsClose CommentsPermalink





(B) in paragraph (1)(A), by striking ‘to combination’ and inserting ‘or combination’;CommentsClose CommentsPermalink





(C) in paragraph (2), by adding at the end the following:CommentsClose CommentsPermalink





‘(E) The contracting district from which the water is coming, the agency, or the Secretary shall determine if a written transfer proposal is complete within 45 days after the date of submission of such proposal. If such district or agency or the Secretary determines that such proposal is incomplete, such district or agency or the Secretary shall state with specificity what must be added to or revised in order for such proposal to be complete.CommentsClose CommentsPermalink





‘(F) Except as provided in this section, the Secretary shall not impose mitigation or other requirements on a proposed transfer, but the contracting district from which the water is coming or the agency shall retain all authority under State law to approve or condition a proposed transfer.’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) Notwithstanding any other provision of Federal reclamation law--CommentsClose CommentsPermalink





‘(A) the authority to make transfers or exchanges of, or banking or recharge arrangements using, Central Valley Project water that could have been conducted before October 30, 1992, is valid, and such transfers, exchanges, or arrangements shall not be subject to, limited, or conditioned by this title; andCommentsClose CommentsPermalink





‘(B) this title shall not supersede or revoke the authority to transfer, exchange, bank, or recharge Central Valley Project water that existed prior to October 30, 1992.’.CommentsClose CommentsPermalink





(2) In subsection (b)--CommentsClose CommentsPermalink





(A) in the heading, by striking ‘METERING’ and inserting ‘MEASUREMENT’; andCommentsClose CommentsPermalink





(B) by inserting after the first sentence the following: ‘The contracting district or agency, not including contracting districts serving multiple agencies with separate governing boards, shall ensure that all contractor-owned water delivery systems within its boundaries measure surface water at the district or agency’s facilities up to the point the surface water is commingled with other water supplies.’.CommentsClose CommentsPermalink





(3) By striking subsection (d).CommentsClose CommentsPermalink





(4) By redesignating subsections (e) and (f) as subsections (d) and (e), respectively.CommentsClose CommentsPermalink





(5) By amending subsection (e)(as redesignated by paragraph (4))--CommentsClose CommentsPermalink





(A) by striking ‘as a result of the increased repayment’ and inserting ‘that exceed the cost-of-service’;CommentsClose CommentsPermalink





(B) by inserting ‘the delivery of’ after ‘rates applicable to’; andCommentsClose CommentsPermalink





(C) by striking ‘, and all increased revenues received by the Secretary as a result of the increased water prices established under subsection 3405(d) of this section,’.CommentsClose CommentsPermalink

SEC. 105. FISH, WILDLIFE, AND HABITAT RESTORATION.

Section 3406 of the Central Valley Project Improvement Act (106 Stat. 4714) is amended as follows:CommentsClose CommentsPermalink





(1) In subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)(B)--CommentsClose CommentsPermalink





(i) by striking ‘is authorized and directed to’ and inserting ‘may’;CommentsClose CommentsPermalink





(ii) by inserting ‘reasonable water’ after ‘to provide’;CommentsClose CommentsPermalink





(iii) by striking ‘anadromous fish, except that such’ and inserting ‘anadromous fish. Such’;CommentsClose CommentsPermalink





(iv) by striking ‘Instream flow’ and inserting ‘Reasonable instream flow’;CommentsClose CommentsPermalink





(v) by inserting ‘and the National Marine Fisheries Service’ after ‘United States Fish and Wildlife Service’; andCommentsClose CommentsPermalink





(vi) by striking ‘California Department of Fish and Game’ and inserting ‘United States Geological Survey’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘primary purpose’ and inserting ‘purposes’;CommentsClose CommentsPermalink





(ii) by striking ‘but not limited to’ before ‘additional obligations’; andCommentsClose CommentsPermalink





(iii) by adding after the period the following: ‘All Central Valley Project water used for the purposes specified in this paragraph shall be credited to the quantity of Central Valley Project yield dedicated and managed under this paragraph by determining how the dedication and management of such water would affect the delivery capability of the Central Valley Project during the 1928 to 1934 drought period after fishery, water quality, and other flow and operational requirements imposed by terms and conditions existing in licenses, permits, and other agreements pertaining to the Central Valley Project under applicable State or Federal law existing on October 30, 1992, have been met. To the fullest extent possible and in accordance with section 3411, Central Valley Project water dedicated and managed pursuant to this paragraph shall be reused to fulfill the Secretary’s remaining contractual obligations to provide Central Valley Project water for agricultural or municipal and industrial purposes.’;CommentsClose CommentsPermalink





(C) by amending paragraph (2)(C) to read:CommentsClose CommentsPermalink





‘(C) If by March 15th of any year the quantity of Central Valley Project water forecasted to be made available to water service or repayment contractors in the Delta Division of the Central Valley Project is below 75 percent of the total quantity of water to be made available under said contracts, the quantity of Central Valley Project yield dedicated and managed for that year under this paragraph shall be reduced by 25 percent.’.CommentsClose CommentsPermalink





(2) By adding at the end the following:CommentsClose CommentsPermalink





‘(i) SATISFACTION OF PURPOSES- By pursuing the activities described in this section, the Secretary shall be deemed to have met the mitigation, protection, restoration, and enhancement purposes of this title.’.CommentsClose CommentsPermalink

SEC. 106. RESTORATION FUND.

(a) In General- Section 3407(a) of the Central Valley Project Improvement Act (106 Stat. 4726) is amended as follows:CommentsClose CommentsPermalink





(1) By inserting ‘(1) IN GENERAL- ’ before ‘There is hereby’.CommentsClose CommentsPermalink





(2) By striking ‘Not less than 67 percent’ and all that follows through ‘Monies’ and inserting ‘Monies’.CommentsClose CommentsPermalink





(3) By adding at the end the following:CommentsClose CommentsPermalink





‘(2) Prohibitions- The Secretary may not directly or indirectly require a donation or other payment to the Restoration Fund--CommentsClose CommentsPermalink





‘(A) or environmental restoration or mitigation fees not otherwise provided by law, as a condition to--CommentsClose CommentsPermalink





‘(i) providing for the storage or conveyance of non-Central Valley Project water pursuant to Federal reclamation laws; orCommentsClose CommentsPermalink





‘(ii) the delivery of water pursuant to section 215 of the Reclamation Reform Act of 1982 (Public Law 97-293; 96 Stat. 1270); orCommentsClose CommentsPermalink





‘(B) for any water that is delivered with the sole intent of groundwater recharge.’.CommentsClose CommentsPermalink





(b) Certain Payments- Section 3407(c)(1) of the Central Valley Project Improvement Act is amended--CommentsClose CommentsPermalink





(1) by striking ‘mitigation and restoration’;CommentsClose CommentsPermalink





(2) by striking ‘provided for or’; andCommentsClose CommentsPermalink





(3) by striking ‘of fish, wildlife’ and all that follows through the period and inserting ‘of carrying out all activities described in this title.’.CommentsClose CommentsPermalink





(c) Adjustment and Assessment of Mitigation and Restoration Payments- Section 3407(d)(2) of the Central Valley Project Improvement Act is amended by inserting ‘, or after October 1, 2013, $4 per megawatt-hour for Central Valley Project power sold to power contractors (October 2013 price levels)’ after ‘$12 per acre-foot (October 1992 price levels) for municipal and industrial water sold and delivered by the Central Valley Project’.CommentsClose CommentsPermalink





(d) Completion of Actions- Section 3407(d)(2)(A) of the Central Valley Project Improvement Act is amended by inserting ‘no later than December 31, 2020,’ after ‘That upon the completion of the fish, wildlife, and habitat mitigation and restoration actions mandated under section 3406 of this title,’.CommentsClose CommentsPermalink





(e) Report; Advisory Board- Section 3407 of the Central Valley Project Improvement Act (106 Stat. 4714) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Report on Expenditure of Funds- At the end of each fiscal year, the Secretary, in consultation with the Restoration Fund Advisory Board, shall submit to Congress a plan for the expenditure of all of the funds deposited into the Restoration Fund during the preceding fiscal year. Such plan shall contain a cost-effectiveness analysis of each expenditure.CommentsClose CommentsPermalink





‘(h) Advisory Board-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- There is hereby established the Restoration Fund Advisory Board (hereinafter in this section referred to as the ‘Advisory Board’) composed of 12 members selected by the Secretary, each for four-year terms, one of whom shall be designated by the Secretary as Chairman. The members shall be selected so as to represent the various Central Valley Project stakeholders, four of whom shall be from CVP agricultural users, three from CVP municipal and industrial users, three from CVP power contractors, and two at the discretion of the Secretary. The Secretary and the Secretary of Commerce may each designate a representative to act as an observer of the Advisory Board.CommentsClose CommentsPermalink





‘(2) DUTIES- The duties of the Advisory Board are as follows:CommentsClose CommentsPermalink





‘(A) To meet at least semiannually to develop and make recommendations to the Secretary regarding priorities and spending levels on projects and programs carried out pursuant to the Central Valley Project Improvement Act.CommentsClose CommentsPermalink





‘(B) To ensure that any advice or recommendation made by the Advisory Board to the Secretary reflect the independent judgment of the Advisory Board.CommentsClose CommentsPermalink





‘(C) Not later than December 31, 2013, and annually thereafter, to transmit to the Secretary and Congress recommendations required under subparagraph (A).CommentsClose CommentsPermalink





‘(D) Not later than December 31, 2013, and biennially thereafter, to transmit to Congress a report that details the progress made in achieving the actions mandated under section 3406 of this title.CommentsClose CommentsPermalink





‘(3) ADMINISTRATION- With the consent of the appropriate agency head, the Advisory Board may use the facilities and services of any Federal agency.’.CommentsClose CommentsPermalink

SEC. 107. ADDITIONAL AUTHORITIES.

(a) Authority for Certain Activities- Section 3408(c) of the Central Valley Project Improvement Act (106 Stat. 4728) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Contracts for Additional Storage and Delivery of Water-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary is authorized to enter into contracts pursuant to Federal reclamation law and this title with any Federal agency, California water user or water agency, State agency, or private organization for the exchange, impoundment, storage, carriage, and delivery of nonproject water for domestic, municipal, industrial, fish and wildlife, and any other beneficial purpose.CommentsClose CommentsPermalink





‘(2) LIMITATION- Nothing in this subsection shall be deemed to supersede the provisions of section 103 of Public Law 99-546 (100 Stat. 3051).CommentsClose CommentsPermalink





‘(3) AUTHORITY FOR CERTAIN ACTIVITIES- The Secretary shall use the authority granted by this subsection in connection with requests to exchange, impound, store, carry, or deliver nonproject water using Central Valley Project facilities for any beneficial purpose.CommentsClose CommentsPermalink





‘(4) RATES- The Secretary shall develop rates not to exceed the amount required to recover the reasonable costs incurred by the Secretary in connection with a beneficial purpose under this subsection. Such rates shall be charged to a party using Central Valley Project facilities for such purpose. Such costs shall not include any donation or other payment to the Restoration Fund.CommentsClose CommentsPermalink





‘(5) CONSTRUCTION- This subsection shall be construed and implemented to facilitate and encourage the use of Central Valley Project facilities to exchange, impound, store, carry, or deliver nonproject water for any beneficial purpose.’.CommentsClose CommentsPermalink





(b) Reporting Requirements- Section 3408(f) of the Central Valley Project Improvement Act (106 Stat. 4729) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Interior and Insular Affairs and the Committee on Merchant Marine and Fisheries’ and inserting ‘Natural Resources’;CommentsClose CommentsPermalink





(2) in the second sentence, by inserting before the period at the end the following: ‘, including progress on the plan required by subsection (j)’; andCommentsClose CommentsPermalink





(3) by adding at the end the following: ‘The filing and adequacy of such report shall be personally certified to the Committees referenced above by the Regional Director of the Mid-Pacific Region of the Bureau of Reclamation.’.CommentsClose CommentsPermalink





(c) Project Yield Increase- Section 3408(j) of the Central Valley Project Improvement Act (106 Stat. 4730) is amended as follows:CommentsClose CommentsPermalink





(1) By redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively.CommentsClose CommentsPermalink





(2) By striking ‘In order to minimize adverse effects, if any, upon’ and inserting ‘(1) IN GENERAL- In order to minimize adverse effects upon’.CommentsClose CommentsPermalink





(3) By striking ‘needs, the Secretary,’ and all that follows through ‘submit to the Congress, a’ and inserting ‘needs, the Secretary, on a priority basis and not later than September 30, 2013, shall submit to Congress a’.CommentsClose CommentsPermalink





(4) By striking ‘increase,’ and all that follows through ‘options:’ and inserting ‘increase, as soon as possible but not later than September 30, 2016 (except for the construction of new facilities which shall not be limited by that deadline), the water of the Central Valley Project by the amount dedicated and managed for fish and wildlife purposes under this title and otherwise required to meet the purposes of the Central Valley Project including satisfying contractual obligations. The plan required by this subsection shall include recommendations on appropriate cost-sharing arrangements and authorizing legislation or other measures needed to implement the intent, purposes, and provisions of this subsection and a description of how the Secretary intends to use the following options--’.CommentsClose CommentsPermalink





(5) In subparagraph (A), by inserting ‘and construction of new water storage facilities’ before the semicolon.CommentsClose CommentsPermalink





(6) In subparagraph (F), by striking ‘and’ at the end.CommentsClose CommentsPermalink





(7) In subparagraph (G), by striking the period and all that follows through the end of the subsection and inserting ‘; and’.CommentsClose CommentsPermalink





(8) By inserting after subparagraph (G) the following:CommentsClose CommentsPermalink





‘(H) Water banking and recharge.’.CommentsClose CommentsPermalink





(9) By adding at the end the following:CommentsClose CommentsPermalink





‘(2) IMPLEMENTATION OF PLAN- The Secretary shall implement the plan required by paragraph (1) commencing on October 1, 2013. In order to carry out this subsection, the Secretary shall coordinate with the State of California in implementing measures for the long-term resolution of problems in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.CommentsClose CommentsPermalink





‘(3) FAILURE OF THE PLAN- Notwithstanding any other provision of Federal reclamation law, if by September 30, 2016, the plan required by paragraph (1) fails to increase the annual delivery capability of the Central Valley Project by 800,000 acre-feet, implementation of any non-mandatory action under section 3406(b)(2) shall be suspended until the plan achieves an increase in the annual delivery capability of the Central Valley Project by 800,000 acre-feet.’.CommentsClose CommentsPermalink





(d) Technical Correction- Section 3408(h) of the Central Valley Project Improvement Act (106 Stat. 4729) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘paragraph (h)(2)’ and inserting ‘paragraph (2)’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘paragraph (h)(i)’ and inserting ‘paragraph (1)’.CommentsClose CommentsPermalink





(e) Water Storage Project Construction- The Secretary, acting through the Commissioner of the Bureau of Reclamation, may partner or enter into an agreement on the water storage projects identified in section 103(d)(1) of the Water Supply Reliability, and Environmental Improvement Act (Public Law 108-361)(and Acts supplemental and amendatory to the Act) with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments within the applicable hydrologic region, to advance these projects. No additional Federal funds are authorized for the activities authorized in sections 103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of Public Law 108-361. However, each water storage project under sections 103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of Public Law 108-361 is authorized for construction if non-Federal funds are used for financing and constructing the project.CommentsClose CommentsPermalink

SEC. 108. BAY-DELTA ACCORD.

(a) Congressional Direction Regarding Central Valley Project and California State Water Project Operations- The Central Valley Project and the State Water Project shall be operated pursuant to the water quality standards and operational constraints described in the ‘Principles for Agreement on the Bay-Delta Standards Between the State of California and the Federal Government’ dated December 15, 1994, and such operations shall proceed without regard to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other law pertaining to the operation of the Central Valley Project and the California State Water Project. Implementation of this section shall be in strict conformance with the ‘Principles for Agreement on the Bay-Delta Standards Between the State of California and the Federal Government’ dated December 15, 1994.CommentsClose CommentsPermalink





(b) Application of Laws to Others- Neither a Federal department nor the State of California, including any agency or board of the State of California, shall impose on any water right obtained pursuant to State law, including a pre-1914 appropriative right, any condition that restricts the exercise of that water right in order to conserve, enhance, recover or otherwise protect any species that is affected by operations of the Central Valley Project or California State Water Project. Nor shall the State of California, including any agency or board of the State of California, restrict the exercise of any water right obtained pursuant to State law, including a pre-1914 appropriative right, in order to protect, enhance, or restore under the Public Trust Doctrine any public trust value. Implementation of the ‘Principles for Agreement on the Bay-Delta Standards Between the State of California and the Federal Government’ dated December 15, 1994, shall be in strict compliance with the water rights priority system and statutory protections for areas of origin.CommentsClose CommentsPermalink





(c) Costs- No cost associated with the implementation of this section shall be imposed directly or indirectly on any Central Valley Project contractor, or any other person or entity, unless such costs are incurred on a voluntary basis.CommentsClose CommentsPermalink





(d) Native Species Protection- California law is preempted with respect to any restriction on the quantity or size of nonnative fish taken or harvested that preys upon one or more native fish species that occupy the Sacramento and San Joaquin Rivers and their tributaries or the Sacramento-San Joaquin Rivers Delta.CommentsClose CommentsPermalink

SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.

After the date of the enactment of this title, and regardless of the date of listing, the Secretaries of the Interior and Commerce shall not distinguish between natural-spawned and hatchery-spawned or otherwise artificially propagated strains of a species in making any determination under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that relates to any anadromous fish species present in the Sacramento and San Joaquin Rivers or their tributaries and ascend those rivers and their tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean.CommentsClose CommentsPermalink

SEC. 110. AUTHORIZED SERVICE AREA.

The authorized service area of the Central Valley Project shall include the area within the boundaries of the Kettleman City Community Services District, California, as those boundaries exist on the date of the enactment of this title. Notwithstanding the provisions of the Act of October 30, 1992 (Public Law 102-575, 106 Stat. 4600 et seq.), upon enactment of this title, the Secretary is authorized and directed to enter into a long-term contract in accordance with the reclamation laws with the Kettleman City Community Services District, California, for the delivery of up to 900 acre-feet of Central Valley Project water for municipal and industrial use. The Secretary may temporarily reduce deliveries of the quantity of water made available pursuant to up to 25 percent of such total whenever reductions due to hydrologic circumstances are imposed upon agricultural deliveries of Central Valley Project water. If any additional infrastructure or related-costs are needed to implement this section, such costs shall be the responsibility of the non-Federal entity.CommentsClose CommentsPermalink

SEC. 111. REGULATORY STREAMLINING.

(a) Applicability of Certain Laws- Filing of a Notice of Determination or a Notice of Exemption for any project, including the issuance of a permit under State law, related to any project of the CVP or the delivery of water therefrom in accordance with the California Environmental Quality Act shall be deemed to meet the requirements of section 102(2)(C) of the National Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for that project or permit.CommentsClose CommentsPermalink





(b) Continuation of Project- The Bureau of Reclamation shall not be required to cease or modify any major Federal action or other activity related to any project of the CVP or the delivery of water there from pending completion of judicial review of any determination made under the National Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)).CommentsClose CommentsPermalink





(c) Project Defined- For the purposes of this section:CommentsClose CommentsPermalink





(1) CVP- The term ‘CVP’ means the Central Valley Project.CommentsClose CommentsPermalink





(2) PROJECT- The term ‘project’--CommentsClose CommentsPermalink





(A) means an activity that--CommentsClose CommentsPermalink





(i) is undertaken by a public agency, funded by a public agency, or that requires an issuance of a permit by a public agency;CommentsClose CommentsPermalink





(ii) has a potential to result in physical change to the environment; andCommentsClose CommentsPermalink





(iii) may be subject to several discretionary approvals by governmental agencies;CommentsClose CommentsPermalink





(B) may include construction activities, clearing or grading of land, improvements to existing structures, and activities or equipment involving the issuance of a permit; orCommentsClose CommentsPermalink





(C) as defined under the California Environmental Quality Act in section 21065 of the California Public Resource Code.CommentsClose CommentsPermalink

TITLE II--SAN JOAQUIN RIVER RESTORATIONCommentsClose CommentsPermalink

SEC. 201. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.

As of the date of enactment of this title, the Secretary shall cease any action to implement the Stipulation of Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., Eastern District of California, No. Civ. S-88-1658 LKK/GGH).CommentsClose CommentsPermalink

SEC. 202. PURPOSE.

Section 10002 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended by striking ‘implementation of the Settlement’ and inserting ‘restoration of the San Joaquin River’.CommentsClose CommentsPermalink

SEC. 203. DEFINITIONS.

Section 10003 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) The term ‘Restoration Flows’ means the additional water released or bypassed from Friant Dam to insure that the target flow entering Mendota Pool, located approximately 62 river miles downstream from Friant Dam, does not fall below 50 cubic feet per second.’;CommentsClose CommentsPermalink





(2) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) The term ‘Water Year’ means March 1 through the last day of February of the following Calendar Year, both dates inclusive.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) The term ‘Critical Water Year’ means when the total unimpaired runoff at Friant Dam is less than 400,000 acre-feet, as forecasted as of March 1 of that water year by the California Department of Water Resources.’.CommentsClose CommentsPermalink

SEC. 204. IMPLEMENTATION OF RESTORATION.

Section 10004 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘authorized and directed’ and all that follows through ‘in the Settlement:’ and inserting ‘authorized to carry out the following:’;CommentsClose CommentsPermalink





(B) by striking paragraphs (1), (2), (4), and (5);CommentsClose CommentsPermalink





(C) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking ‘(3)’ and inserting ‘(1)’; andCommentsClose CommentsPermalink





(ii) by striking ‘paragraph 13 of the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink





(D) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(2) In each Water Year, commencing in the Water Year starting on March 1, 2013--CommentsClose CommentsPermalink





‘(A) shall modify Friant Dam operations so as to release the Restoration Flows for that Water Year, except in any Critical Water Year;CommentsClose CommentsPermalink





‘(B) shall ensure that the release of Restoration Flows are maintained at the level prescribed by this part, but that Restoration Flows do not reach downstream of Mendota Pool;CommentsClose CommentsPermalink





‘(C) shall release the Restoration Flows in a manner that improves the fishery in the San Joaquin River below Friant Dam, but upstream of Gravelly Ford in existence as of the date of the enactment of this part, and the associated riparian habitat; andCommentsClose CommentsPermalink





‘(D) may, without limiting the actions required under paragraphs (A) and (C) and subject to subsections 10004(a)(3) and 10004(l), use the Restoration Flows to enhance or restore a warm water fishery downstream of Gravelly Ford to and including Mendota Pool, if the Secretary determines that it is reasonable, prudent, and feasible to do so; andCommentsClose CommentsPermalink





‘(3) Not later than 1 year after the date of the enactment of this section, the Secretary shall develop and implement, in cooperation with the State of California, a reasonable plan, to fully recirculate, recapture, reuse, exchange, or transfer all Restoration Flows and provide such recirculated, recaptured, reused, exchanged, or transferred flows to those contractors within the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project that relinquished the Restoration Flows so recirculated, recaptured, reused, exchanged, or transferred. Such a plan shall address any impact on ground water resources within the service area of the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project and mitigation may include ground water banking and recharge projects. Such a plan shall not impact the water supply or water rights of any entity outside the Friant Division, Hidden unit, and Buchanan Unit of the Central Valley Project. Such a plan shall be subject to applicable provisions of California water law and the Secretary’s use of Central Valley Project facilities to make Project water (other than water released from Friant Dam pursuant to this part) and water acquired through transfers available to existing south-of-Delta Central Valley Project contractors.’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink





(3) in subsection (c), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink





(4) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Mitigation of Impacts- Prior to October 1, 2013, the Secretary shall identify--CommentsClose CommentsPermalink





‘(1) the impacts associated with the release of Restoration Flows prescribed in this part;CommentsClose CommentsPermalink





‘(2) the measures which shall be implemented to mitigate impacts on adjacent and downstream water users, landowners and agencies as a result of Restoration Flows prescribed in this part; andCommentsClose CommentsPermalink





‘(3) prior to the implementation of decisions or agreements to construct, improve, operate, or maintain facilities that the Secretary determines are needed to implement this part, the Secretary shall implement all mitigations measures identified in subsection (d)(2) before Restoration Flows are commenced.’;CommentsClose CommentsPermalink





(5) in subsection (e), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink





(6) in subsection (f), by striking ‘the Settlement’ and all that follows through ‘section 10011’ and insert ‘this part’;CommentsClose CommentsPermalink





(7) in subsection (g)--CommentsClose CommentsPermalink





(A) by striking ‘the Settlement and’ before this part; andCommentsClose CommentsPermalink





(B) by striking ‘or exchange contract’ and inserting ‘exchange contract, or water rights settlement or holding contracts’;CommentsClose CommentsPermalink





(8) in subsection (h)--CommentsClose CommentsPermalink





(A) by striking ‘Interim’ in the header;CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘Interim Flows under the Settlement’ and inserting ‘Restoration Flows under this part’;CommentsClose CommentsPermalink





(ii) in subparagraph (C)--CommentsClose CommentsPermalink





(I) in clause (i), by striking ‘Interim’ and inserting ‘Restoration’; andCommentsClose CommentsPermalink





(II) in clause (ii), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink





(iii) in subparagraph (D), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(iv) by striking subparagraph (E);CommentsClose CommentsPermalink





(C) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘Interim’ and inserting ‘Restoration’;CommentsClose CommentsPermalink





(ii) by striking subparagraph (A); andCommentsClose CommentsPermalink





(iii) by striking ‘(B) exceed’ and inserting ‘exceed’;CommentsClose CommentsPermalink





(D) in paragraph (3), by striking ‘Interim’ and inserting ‘Restoration’; andCommentsClose CommentsPermalink





(E) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(4) CLAIMS- Within 60 days of enactment of this Act the Secretary shall promulgate a rule establishing a claims process to address current and future claims including, but not limited to, ground water seepage, flooding, or levee instability damages caused as a result of, arising out of, or related to implementation of subtitle A of title X of Public Law 111-11.’;CommentsClose CommentsPermalink





(9) in subsection (i)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘the Settlement and parts I and III’ and inserting ‘this part’;CommentsClose CommentsPermalink





(ii) in subparagraph (A), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink





(iii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by striking ‘additional amounts authorized to be appropriated, including the’; andCommentsClose CommentsPermalink





(II) by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink





(iv) by striking subparagraph (C); andCommentsClose CommentsPermalink





(B) by striking paragraph (3); andCommentsClose CommentsPermalink





(10) by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(k) No Impacts on Other Interests- No Central Valley Project or other water other than San Joaquin River water impounded by or bypassed from Friant Dam shall be used to implement subsection (a)(2) unless such use is on a voluntary basis. No cost associated with the implementation of this section shall be imposed directly or indirectly on any Central Valley Project contractor, or any other person or entity, outside the Friant Division, the Hidden Unit, or the Buchanan Unit, unless such costs are incurred on a voluntary basis. The implementation of this part shall not result directly or indirectly in any reduction in water supplies or water reliability on any Central Valley Project contractor, any State Water Project contractor, or any other person or entity, outside the Friant Division, the Hidden Unit, or the Buchanan Unit, unless such reductions or costs are incurred on a voluntary basis.CommentsClose CommentsPermalink





‘(l) Priority- All actions taken under this part shall be subordinate to the Secretary’s use of Central Valley Project facilities to make Project water available to Project contractors, other than water released from the Friant Dam pursuant to this part.CommentsClose CommentsPermalink





‘(m) In General- Notwithstanding section 8 of the Reclamation Act of 1902, except as provided in this part, including title IV of the Sacramento and San Joaquin Valleys Water Reliability Act, this part preempts and supersedes any State law, regulation, or requirement that imposes more restrictive requirements or regulations on the activities authorized under this part. Nothing in this part shall alter or modify the obligations, if any, of the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project, or other water users on the San Joaquin River or its tributaries, under orders issued by the State Water Resources Control Board pursuant to the Porter-Cologne Water Quality Control Act (California Water Code sections 13000 et seq.). Any such order shall be consistent with the congressional authorization for any affected Federal facility as it pertains to the Central Valley Project.CommentsClose CommentsPermalink





‘(n) Project Implementation- Projects to implement this title shall be phased such that each project shall follow the sequencing identified below and include at least the--CommentsClose CommentsPermalink





‘(1) project purpose and need;CommentsClose CommentsPermalink





‘(2) identification of mitigation measures;CommentsClose CommentsPermalink





‘(3) appropriate environmental review; andCommentsClose CommentsPermalink





‘(4) prior to releasing Restoration Flows under this part, the Secretary shall--CommentsClose CommentsPermalink





‘(A) complete the implementation of mitigation measures required; andCommentsClose CommentsPermalink





‘(B) complete implementation of the project.’.CommentsClose CommentsPermalink

SEC. 205. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.

Section 10005 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘the Settlement authorized by this part’ and inserting ‘this part’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘(1) IN GENERAL- The Secretary’ and inserting ‘The Secretary’; andCommentsClose CommentsPermalink





(ii) by striking ‘the Settlement authorized by this part’ and inserting ‘this part’; andCommentsClose CommentsPermalink





(B) by striking paragraph (2); andCommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘through the exercise of its eminent domain authority’; andCommentsClose CommentsPermalink





(ii) by striking ‘the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink





(C) in paragraph (3), by striking ‘section 10009(c)’ and inserting ‘section 10009’.CommentsClose CommentsPermalink

SEC. 206. COMPLIANCE WITH APPLICABLE LAW.

Section 10006 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1), by inserting ‘unless otherwise provided by this part’ before the period at the end; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink





(2) in subsection (b), by inserting ‘, unless otherwise provided by this part’ before the period at the end;CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘section 10004’ and inserting ‘this part’; andCommentsClose CommentsPermalink





(B) in paragraph (3), by striking ‘the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink





(4) in subsection (d)--CommentsClose CommentsPermalink





(A) by inserting ‘, including without limitation to sections 10004(d) and 10004(h)(4) of this part,’ after ‘implementing this part’; andCommentsClose CommentsPermalink





(B) by striking ‘for implementation of the Settlement’.CommentsClose CommentsPermalink

SEC. 207. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.

Section 10007 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1),CommentsClose CommentsPermalink





(A) by striking ‘the Settlement’ and inserting ‘enactment of this part’; andCommentsClose CommentsPermalink





(B) by inserting: ‘and the obligations of the Secretary and all other parties to protect and keep in good condition any fish that may be planted or exist below Friant Dam including any obligations under section 5937 of the California Fish and Game Code and the public trust doctrine, and those of the Secretary and all other parties under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).’ before ‘, provided’; andCommentsClose CommentsPermalink





(2) in paragraph (1), by striking ‘, as provided in the Settlement’.CommentsClose CommentsPermalink

SEC. 208. NO PRIVATE RIGHT OF ACTION.

Section 10008(a) of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) by striking ‘not a party to the Settlement’ after ‘person or entity’; andCommentsClose CommentsPermalink





(2) by striking ‘or the Settlement’ before the period and inserting ‘unless otherwise provided by this part. Any Central Valley Project long-term water service or repayment contractor within the Friant Division, Hidden unit, or Buchanan Unit adversely affected by the Secretary’s failure to comply with section 10004(a)(3) of this part may bring an action against the Secretary for injunctive relief or damages, or both.’.CommentsClose CommentsPermalink

SEC. 209. IMPLEMENTATION.

Section 10009 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in the header by striking ‘; settlement fund’;CommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘the Settlement’ the first place it appears and inserting ‘this part’;CommentsClose CommentsPermalink





(ii) by striking ‘, estimated to total’ and all that follows through ‘subsection (b)(1),’; andCommentsClose CommentsPermalink





(iii) by striking ‘provided however,’ and all that follows through ‘$110,000,000 of State funds’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘(A) IN GENERAL- The Secretary’ and inserting ‘The Secretary’;CommentsClose CommentsPermalink





(ii) by striking subparagraph (B); andCommentsClose CommentsPermalink





(C) in paragraph (3)--CommentsClose CommentsPermalink





(i) by striking ‘Except as provided in the Settlement, to’ and inserting ‘To’; andCommentsClose CommentsPermalink





(ii) by striking ‘this Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink





(3) in subsection (b)(1)--CommentsClose CommentsPermalink





(A) by striking ‘In addition’ through ‘however, that the’ and inserting ‘The’;CommentsClose CommentsPermalink





(B) by striking ‘such additional appropriations only in amounts equal to’; andCommentsClose CommentsPermalink





(C) by striking ‘or the Settlement’ before the period;CommentsClose CommentsPermalink





(4) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink





(ii) in subparagraph (C), by striking ‘from the sale of water pursuant to the Settlement, or’; andCommentsClose CommentsPermalink





(iii) in subparagraph (D), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘the Settlement and’ before ‘this part’; andCommentsClose CommentsPermalink





(5) by striking subsections (d) through (f).CommentsClose CommentsPermalink

SEC. 210. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS.

Section 10010 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (3)(D), by striking ‘the Settlement and’ before ‘this part’; andCommentsClose CommentsPermalink





(B) in paragraph (4)(C), by striking ‘the Settlement and’ before ‘this part’;CommentsClose CommentsPermalink





(2) in subsection (c), by striking paragraph (3);CommentsClose CommentsPermalink





(3) in subsection (d)(1), by striking ‘the Settlement’ in both places it appears and inserting ‘this part’;CommentsClose CommentsPermalink





(4) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘Interim Flows or Restoration Flows, pursuant to paragraphs 13 or 15 of the Settlement’ and inserting ‘Restoration Flows, pursuant to this part’;CommentsClose CommentsPermalink





(ii) by striking ‘Interim Flows or’ before ‘Restoration Flows’; andCommentsClose CommentsPermalink





(iii) by striking ‘the Interim Flows or Restoration Flows or is intended to otherwise facilitate the Water Management Goal, as described in the Settlement’ and inserting ‘Restoration Flows’; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘except as provided in paragraph 16(b) of the Settlement’ after ‘Friant Division long-term contractor’; andCommentsClose CommentsPermalink





(ii) by striking ‘the Interim Flows or Restoration Flows or to facilitate the Water Management Goal’ and inserting ‘Restoration Flows’.CommentsClose CommentsPermalink

SEC. 211. REPEAL.

Section 10011 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is repealed.CommentsClose CommentsPermalink

SEC. 212. WATER SUPPLY MITIGATION.

Section 10202(b) of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘the Interim or Restoration Flows authorized in part I of this subtitle’ and inserting ‘Restoration Flows authorized in this part’;CommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘the Interim or Restoration Flows authorized in part I of this subtitle’ and inserting ‘Restoration Flows authorized in this part’; andCommentsClose CommentsPermalink





(3) in paragraph (3)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘meet the Restoration Goal as described in part I of this subtitle’ and inserting ‘recover Restoration Flows as described in this part’;CommentsClose CommentsPermalink





(B) in subparagraph (C)--CommentsClose CommentsPermalink





(i) by striking ‘the Interim or Restoration Flows authorized in part I of this subtitle’ and inserting ‘Restoration Flows authorized in this part’; andCommentsClose CommentsPermalink





(ii) by striking ‘, and for ensuring appropriate adjustment in the recovered water account pursuant to section 10004(a)(5)’.CommentsClose CommentsPermalink

SEC. 213. ADDITIONAL AUTHORITIES.

Section 10203 of the San Joaquin River Restoration Settlement Act (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘section 10004(a)(4)’ and inserting ‘section 10004(a)(3)’; andCommentsClose CommentsPermalink





(B) by striking ‘, provided’ and all that follows through ‘section 10009(f)(2)’; andCommentsClose CommentsPermalink





(2) by striking subsection (c).CommentsClose CommentsPermalink

TITLE III--REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTSCommentsClose CommentsPermalink

SEC. 301. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS.

(a) Conversion of Contracts-CommentsClose CommentsPermalink





(1) Not later than 1 year after enactment, the Secretary of the Interior, upon request of the contractor, shall convert all existing long-term Central Valley Project contracts entered under subsection (e) of section 9 of the Act of August 4, 1939 (53 Stat. 1196), to a contract under subsection (d) of section 9 of said Act (53 Stat. 1195), under mutually agreeable terms and conditions.CommentsClose CommentsPermalink





(2) Upon request of the contractor, the Secretary is further authorized to convert, not later than 1 year after enactment, any Central Valley Project long-term contract entered under subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to a contract under subsection (c)(1) of section 9 of said Act, under mutually agreeable terms and conditions.CommentsClose CommentsPermalink





(3) All contracts entered into pursuant to paragraph (1) shall--CommentsClose CommentsPermalink





(A) require the repayment, either in lump sum or by accelerated prepayment, of the remaining amount of construction costs identified in the most current version of the Central Valley Project Schedule of Irrigation Capital Allocations by Contractor, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor, no later than January 31, 2013, or if made in approximately equal annual installments, no later than January 31, 2016; such amount to be discounted by the Treasury Rate. An estimate of the remaining amount of construction costs as of January 31, 2013, as adjusted, shall be provided by the Secretary of the Interior to each contractor no later than 180 days after enactment;CommentsClose CommentsPermalink





(B) require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the converted contract or not reflected in the schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable reclamation law, provided that the reference to the amount of $5,000,000 shall not be a precedent in any other context; andCommentsClose CommentsPermalink





(C) provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract.CommentsClose CommentsPermalink





(4) All contracts entered into pursuant to paragraph (2) shall--CommentsClose CommentsPermalink





(A) require the repayment in lump sum of the remaining amount of construction costs identified in the most current version of the Central Valley Project Schedule of Municipal and Industrial Water Rates, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor, no later than January 31, 2016. An estimate of the remaining amount of construction costs as of January 31, 2016, as adjusted, shall be provided by the Secretary of the Interior to each contractor no later than 180 days after enactment; andCommentsClose CommentsPermalink





(B) require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable reclamation law, provided that the reference to the amount of $5,000,000 shall not be a precedent in any other context.CommentsClose CommentsPermalink





(b) Final Adjustment- The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost allocation by the Secretary of the Interior upon completion of the construction of the Central Valley Project. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor, the contractor shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be no less than 1 year and no more than 10 years, however, mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid, the Secretary of the Interior is authorized and directed to credit such overpayment as an offset against any outstanding or future obligation of the contractor.CommentsClose CommentsPermalink





(c) Applicability of Certain Provisions-CommentsClose CommentsPermalink





(1) Notwithstanding any repayment obligation under subsection (a)(3)(B) or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs as provided in subsection (a)(3)(A), the ownership and full-cost pricing limitations of any provision of Federal reclamation law shall not apply to lands in such district.CommentsClose CommentsPermalink





(2) Notwithstanding any repayment obligation under paragraph (3)(B) or paragraph (4)(B) of subsection (a), or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs as provided in paragraphs (3)(A) and (4)(A) of subsection (a), such contractor shall continue to pay applicable operation and maintenance costs and other charges applicable to such repayment contracts pursuant to the then-current rate-setting policy and applicable law.CommentsClose CommentsPermalink





(d) Certain Repayment Obligations Not Altered- Implementation of the provisions of this section shall not alter the repayment obligation of any other long-term water service or repayment contractor receiving water from the Central Valley Project, or shift any costs that would otherwise have been properly assignable to any contractors absent this section, including operations and maintenance costs, construction costs, or other capitalized costs incurred after the date of enactment of this Act, to other such contractors.CommentsClose CommentsPermalink





(e) Statutory Interpretation- Nothing in this part shall be construed to affect the right of any long-term contractor to use a particular type of financing to make the payments required in paragraph (3)(A) or paragraph (4)(A) of subsection (a).CommentsClose CommentsPermalink





(f) Definition of Treasury Rate- For purposes of this section, ‘Treasury Rate’ shall be defined as the 20-year Constant Maturity Treasury rate published by the United States Department of the Treasury as of October 1, 2012.CommentsClose CommentsPermalink

TITLE IV--BAY-DELTA WATERSHED WATER RIGHTS PRESERVATION AND PROTECTIONCommentsClose CommentsPermalink

SEC. 401. WATER RIGHTS AND AREA-OF-ORIGIN PROTECTIONS.

Notwithstanding the provisions of this Act, Federal reclamation law, or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)--CommentsClose CommentsPermalink





(1) the Secretary of the Interior (‘Secretary’) is directed, in the operation of the Central Valley Project, to strictly adhere to State water rights law governing water rights priorities by honoring water rights senior to those belonging to the Central Valley Project, regardless of the source of priority;CommentsClose CommentsPermalink





(2) the Secretary is directed, in the operation of the Central Valley Project, to strictly adhere to and honor water rights and other priorities that are obtained or exist pursuant to the provisions of California Water Code sections 10505, 10505:5, 11128, 11460, and 11463; and sections 12200 to 12220, inclusive; andCommentsClose CommentsPermalink





(3) any action that affects the diversion of water or involves the release of water from any Central Valley Project water storage facility taken by the Secretary or the Secretary of the Department of Commerce to conserve, enhance, recover, or otherwise protect any species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be applied in a manner that is consistent with water right priorities established by State law.CommentsClose CommentsPermalink

SEC. 402. SACRAMENTO RIVER SETTLEMENT CONTRACTS.

In the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), in the Bay-Delta and on the Sacramento River, the Secretary and the Secretary of Commerce are directed to apply any limitations on the operation of the Central Valley Project or to formulate any ‘reasonable prudent alternative’ associated with the operation of the Central Valley Project in a manner that strictly adheres to and applies the water rights priorities for ‘Project Water’ and ‘Base Supply’ provided for in the Sacramento River Settlement Contracts. Article 3(i) of the Sacramento River Settlement Contracts shall not be utilized by the United States as means to provide shortages to the Sacramento River Settlement Contracts that are different than those provided for in Article 5(a) of those contracts.CommentsClose CommentsPermalink

SEC. 403. SACRAMENTO RIVER WATERSHED WATER SERVICE CONTRACTORS.

(a) In General- Subject to subsection (b) and the absolute priority of the Sacramento River Settlement Contractors to Sacramento River supplies over Central Valley Project diversions and deliveries to other contractors, the Secretary is directed, in the operation of the Central Valley Project, to allocate water provided for irrigation purposes to existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed in compliance with the following:CommentsClose CommentsPermalink





(1) Not less than 100% of their contract quantities in a ‘Wet’ year.CommentsClose CommentsPermalink





(2) Not less than 100% of their contract quantities in an ‘Above Normal’ year.CommentsClose CommentsPermalink





(3) Not less than 100% of their contract quantities in a ‘Below Normal’ year.CommentsClose CommentsPermalink





(4) Not less than 75% of their contract quantities in a ‘Dry’ year.CommentsClose CommentsPermalink





(5) Not less than 50% of their contract quantities in a ‘Critically Dry’ year.CommentsClose CommentsPermalink





(b) Protection of Municipal and Industrial Supplies- Nothing in subsection (a) shall be deemed to (i) modify any provision of a water service contract that addresses municipal and industrial water shortage policies of the Secretary, (ii) affect or limit the authority of the Secretary to adopt or modify municipal and industrial water shortage policies, (iii) affect or limit the authority of the Secretary to implement municipal and industrial water shortage policies, or (iv) affect allocations to Central Valley Project municipal and industrial contractors pursuant to such policies. Neither subsection (a) nor the Secretary’s implementation of subsection (a) shall constrain, govern or affect, directly or indirectly, the operations of the Central Valley Project’s American River Division or any deliveries from that Division, its units or its facilities.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) The term ‘existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed’ means water service contractors within the Shasta, Trinity, and Sacramento River Divisions of the Central Valley Project, that have a water service contract in effect, on the date of the enactment of this section, that provides water for irrigation.CommentsClose CommentsPermalink





(2) The year type terms used in subsection (a) have the meaning given those year types in the Sacramento Valley Water Year Type (40-30-30) Index.CommentsClose CommentsPermalink

SEC. 404. NO REDIRECTED ADVERSE IMPACTS.

The Secretary shall insure that there are no redirected adverse water supply or fiscal impacts to those within the Sacramento River or San Joaquin River watershed or to the State Water Project arising from the Secretary’s operation of the Central Valley Project to meet legal obligations imposed by or through any State or Federal agency, including, but not limited to those legal obligations emanating from the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or this Act, or actions or activities implemented to meet the twin goals of improving water supply or addressing environmental needs of the Bay Delta.CommentsClose CommentsPermalink

TITLE V--MISCELLANEOUSCommentsClose CommentsPermalink

SEC. 501. PRECEDENT.

Congress finds and declares that--CommentsClose CommentsPermalink





(1) coordinated operations between the Central Valley Project and the State Water Project, previously requested and consented to by the State of California and the Federal Government, require assertion of Federal supremacy to protect existing water rights throughout the system; andCommentsClose CommentsPermalink





(2) these circumstances are unique to California.CommentsClose CommentsPermalink





Therefore, nothing in this Act shall serve as precedent in any other State.CommentsClose CommentsPermalink

Passed the House of Representatives February 29, 2012.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

KAREN L. HAAS, CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 1837CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To address certain water-related concerns on the San Joaquin River, and for other purposes.CommentsClose CommentsPermalink