I 

116TH CONGRESS 

2D SESSION H. R. 5752 

To provide for restoration of the original carrying capacity of water 

conveyance facilities impacted by land subsidence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2020 

Mr. COSTA (for himself, Mr. COX of California, and Mr. HARDER of California) introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To provide for restoration of the original carrying capacity 

of water conveyance facilities impacted by land subsidence, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Conveyance Capacity 

5 Correction Act’’. 

6 SEC. 2. CONVEYANCE CAPACITY CORRECTION PROJECTS. 

7 (a) IN GENERAL.—The Secretary may provide fund8 ing to States and joint powers authorities for the initi9 ation, acceleration, and completion of repairs to— 


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1 (1) water conveyance facilities at transferred 

2 works located in a Reclamation State; or 

3 (2) water conveyance facilities that distribute 

4 irrigation water and untreated municipal water sup5 plies from water storage facilities that are owned by 

6 the United States under the jurisdiction of the Bu7 reau of Reclamation and operated by a State entity. 

8 (b) ELIGIBILITY.—A project eligible for funding 

9 under this section is a project where— 

10 (1) damage caused by land subsidence has re11 sulted in the need to undertake non-recurring re12 pairs on a conveyance facility that conveys water 

13 from an estuary to a joint powers authority or public 

14 water agency; 

15 (2) the Secretary has determined that the con16 veyance facilities have lost 10 percent or more of 

17 their designed carrying capacity along some portion 

18 of the facility; or 

19 (3) restoring carrying capacity of a conveyance 

20 facility would assist in meeting groundwater sustain21 ability goals defined under State law. 

22 (c) INELIGIBLE PROJECTS.—On-farm conveyance fa23 cilities and conveyance facilities that serve only one water 

24 district are not eligible for funding under this Act. 


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1 (d) PRIORITY.—The Secretary shall give funding pri2 ority to projects that— 

3 (1) are located in both— 

4 (A) a State that has been identified by the 

5 United States Drought Monitor as experiencing 

6 severe, extreme, or exceptional drought during 

7 some or all of at least 7 calendar years during 

8 the 10-year period ending immediately before 

9 such funds are made available; and 

10 (B) an area that has been identified by the 

11 United States Drought Monitor as experiencing 

12 exceptional drought during some or all of at 

13 least 4 calendar years during the 10-year period 

14 ending immediately before such funds are made 

15 available; 

16 (2) restore conveyance capacity lost as a result 

17 of subsidence; 

18 (3) have commenced an appraisal or feasibility 

19 level analysis in consultation with the Bureau of 

20 Reclamation or performed by a State; or 

21 (4) support water supply benefits, including 

22 through groundwater recharge, to disadvantaged 

23 communities. 

24 (e) COST SHARING.— 


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1 (1) FEDERAL SHARE.—The Federal share of 

2 the cost of carrying out a project described in this 

3 section shall not be more than 50 percent. 

4 (2) NON-FEDERAL SHARE.—The non-Federal 

5 share of the cost of carrying out a project described 

6 in the section— 

7 (A) shall be not less than 50 percent; and 

8 (B) may be provided in cash or in kind. 

9 (f) SAVINGS.—Federal funds provided under this sec10 tion shall be— 

11 (1) in addition to any and all Federal funds au12 thorized by statute for such purposes; and 

13 (2) non-reimbursable. 

14 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to the Sec16 retary $400,000,000 to carry out this Act. 

17 SEC. 4. DEFINITIONS. 

18 For the purposes of this Act: 

19 (1) RECLAMATION FACILITY.—The term ‘‘Rec20 lamation facility’’ means each of the infrastructure 

21 assets that are owned by the Bureau of Reclamation 

22 at a Reclamation project. 

23 (2) RECLAMATION STATE.—The term ‘‘Rec24 lamation State’’ has the meaning given the term in 

25 section 4014(8) of the Water Infrastructure ImVerDate Sep 11 2014 03:31 Feb 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5752.IH H5752

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1 provements for the Nation Act (43 U.S.C. 390b 

2 note; Public Law 114–322). 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (4) TRANSFERRED WORKS.—The term ‘‘trans6 ferred works’’ means a Reclamation facility at which 

7 operations and maintenance of the facility is carried 

8 out by a non-Federal entity under the provisions of 

9 a formal operations and maintenance transfer con10 tract or other legal agreement with the Bureau of 

11 Reclamation. 

Æ 


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