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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4366 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 4366

 To affirm an agreement between the United States and Westlands Water 
       District dated September 15, 2015, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2016

 Mr. Valadao introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To affirm an agreement between the United States and Westlands Water 
       District dated September 15, 2015, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``San Luis Unit 
Drainage Resolution Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Approval of agreements.
Sec. 4. Relief from drainage obligation.
Sec. 5. Drainage implementation.
Sec. 6. Water delivery contracts.
Sec. 7. Repayment obligations.
Sec. 8. Transfer of title to certain facilities.
Sec. 9. Compliance with applicable law.
Sec. 10. No water supply or financial impacts on other Central Valley 
                            Project contractors.
Sec. 11. Restoration Fund payments by Westlands Water District.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Northerly districts agreement.--The term ``Northerly 
        Districts Agreement'' means the Agreement among the United 
        States, San Luis Water District, Panoche Water District, and 
        Pacheco Water District.
            (2) Project.--The term ``Project'' means the Central Valley 
        Project, owned by the United States and managed by the 
        Department of the Interior, Bureau of Reclamation.
            (3) Project water.--The term ``Project Water'' means all 
        water that is developed, diverted, stored, or delivered by the 
        Secretary in accordance with the statutes authorizing the 
        Project and in accordance with the terms and conditions of 
        water rights acquired pursuant to California law.
            (4) Repayment contract.--The term ``repayment contract'' 
        means the repayment contract converted under section 6(a).
            (5) San luis act.--The term ``San Luis Act'' means the Act 
        of June 3, 1960 (Public Law 86-488), and all Acts amendatory 
        thereof and supplementary thereto.
            (6) San luis unit.--The term ``San Luis Unit'' means those 
        lands identified in section 1 of the San Luis Act.
            (7) San luis unit contractors.--The term ``San Luis Unit 
        Contractors'' means Westlands Water District (including 
        Broadview Water District lands annexed within Westlands Water 
        District), San Luis Water District, Panoche Water District, and 
        Pacheco Water District.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Westlands agreement.--The term ``Westlands Agreement'' 
        means the ``Agreement between the United States and Westlands 
        Water District'' to settle litigation concerning the United 
        States duty to provide drainage service, entered September 15, 
        2015.

SEC. 3. APPROVAL OF AGREEMENTS.

    Notwithstanding any other provision of law, unless otherwise 
specified herein, the Secretary is hereby directed to implement the 
terms and conditions of the Westlands Agreement and the Northerly 
Districts Agreement.

SEC. 4. RELIEF FROM DRAINAGE OBLIGATION.

    The San Luis Act is amended as follows:
            (1) In the first section--
                    (A) in the second sentence, by striking 
                ``distribution systems, drains,''; and
                    (B) in the sixth sentence--
                            (i) by striking ``the Secretary has (1)'' 
                        and inserting ``the Secretary has''; and
                            (ii) by striking ``, and (2) received'' and 
                        all that follows through ``December, 17, 
                        1956''.
            (2) In section 5, by striking the first sentence and 
        inserting ``Notwithstanding any other provision of law, the 
        Secretary of the Interior shall have no duty to provide 
        drainage or drainage service to the San Luis Unit. Each 
        contractor within the San Luis Unit that receives water for the 
        purpose of irrigation shall be responsible for the management 
        of drainage water within its boundaries, in accordance with 
        Federal and California law consistent with the Westlands 
        Agreement and Northerly District Agreement respectively.''.
            (3) In section 8--
                    (A) in the first sentence, by striking ``other than 
                distribution systems and drains,''; and
                    (B) in the third sentence--
                            (i) by striking ``(a) for construction'' 
                        and all that follows through ``and (b)''; and
                            (ii) by striking ``: Provided'' and all 
                        that follows through ``such works are placed in 
                        service''.

SEC. 5. DRAINAGE IMPLEMENTATION.

    (a) In General.--The Westlands Water District shall assume all 
legal responsibility for the management of drainage water within its 
boundaries in accordance with Federal and California law, and in 
accordance with the Westlands Agreement.
    (b) Drain Water.--Westlands Water District shall not discharge 
drain water outside of its boundaries.

SEC. 6. WATER DELIVERY CONTRACTS.

    (a) Contract Conversion.--The Secretary shall convert the Westlands 
Water District existing long-term or interim renewal water service 
contract entered into under section 9(e) of the Act of August 4, 1939 
(53 Stat. 1196), to a repayment contract under section 9(d) and 9(c)(1) 
of the Act of August 4, 1939 (53 Stat. 1195, 1194), consistent with the 
Westlands Agreement.
    (b) Allocation Decisions.--
            (1) In general.--Notwithstanding subsection (a) and as 
        provided in the Westlands Agreement, the Secretary shall make 
        allocation decisions in the Project consistent with the 
        requirements of Federal law (including the Endangered Species 
        Act of 1973 and reclamation law) and applicable California 
        State Water Resources Control Board requirements.
            (2) Conversion of contract.--Conversion of Westlands Water 
        District's contract pursuant to subsection (a) shall not afford 
        Westlands Water District greater or lesser rights to an annual 
        allocation of Project Water than Westlands Water District had 
        before that conversion.
            (3) Limitation on liability.--No liability shall accrue 
        against the United States or any of its officers, agents, or 
        employees for any damage, direct or indirect, arising from a 
        condition of shortage in the amount of water available for 
        delivery to the San Luis Unit Contractors caused by--
                    (A) errors in physical operations of the Project;
                    (B) physical causes beyond the control of the 
                Contracting Officer, including drought; or
                    (C) actions taken by the Contracting Officer to 
                meet legal obligations.
    (c) Water Service Contract for Lemoore Naval Air Station.--
            (1) Contract required.--The Secretary shall enter into a 
        contract under section 9(e) of the Act of August 4, 1939 (53 
        Stat. 1196), with the Secretary of the Navy for the delivery of 
        Project Water to the Lemoore Naval Air Station to meet the 
        irrigation needs of Lemoore Naval Air Station associated with 
        air operations. The contract amount of Project Water made 
        available to the Lemoore Naval Air Station under such contract 
        shall be determined by the Secretary through technical analysis 
        with the Lemoore Naval Air Station.
            (2) Condition of shortage.--In any year in which there may 
        occur a condition of shortage in the amount of water available 
        for delivery, the Contracting Officer shall allocate the 
        available Project Water amount to Lemoore Naval Air Station in 
        accordance with the allocation steps for municipal and 
        industrial water service contractors under the Central Valley 
        Project Municipal and Industrial Water Shortage Policy (as in 
        effect on the effective date of the repayment contract). For 
        purposes of determining ``historical use'' under the policy, 
        past water use for irrigation needs by the Lemoore Naval Air 
        Station under the contract authorized by this section or such 
        use previous to the contract may be considered.

SEC. 7. REPAYMENT OBLIGATIONS.

    (a) Suspension of Capital Obligation.--Westlands Water District's 
capital repayment obligation and payments under its water service 
contracts and the April 1, 1965, repayment contract between the United 
States and Westlands Water District (contract numbered 14-06-200-2020-
A) as further defined in subsection (b), is suspended until the 
execution of the repayment contract. Upon execution of that repayment 
contract, Westlands Water District shall receive a credit against 
future operation and maintenance costs payable to the United States in 
the amount of the capital costs under the water service contracts and 
the 1965 Repayment Contract paid by Westlands Water District between 
the date of the Westlands Agreement and the date of the enactment of 
this Act. Costs incurred by the United States for reevaluating, 
planning, or providing drainage service to Westlands Water District 
shall be nonreimbursable, as set forth in paragraph (9)(C)(iv) of the 
Westlands Agreement.
    (b) Relief of Capital Repayment Obligations.--Upon the date of 
execution of the repayment contract, and as set forth in the Westlands 
Agreement, the following shall take effect:
            (1) In general.--Westlands Water District shall be relieved 
        of--
                    (A) its capital repayment obligations under the 
                June 5, 1963, water service contract between the United 
                States and Westlands Water District (contract number 
                14-06-200-495-A) providing for water service, or any 
                renewals thereof, and any water service contracts 
                assigned to Westlands Water District, Westlands 
                Distribution District No. 1, and Westlands Distribution 
                District No. 2 existing as of the date of the execution 
                of the Westlands Agreement; and
                    (B) any remaining repayment obligation under the 
                April 1, 1965, repayment contract between the United 
                States and Westlands Water District (contract numbered 
                14-06-200-2020-A).
            (2) Limitation on relief.--Repayment relief granted in 
        paragraph (1) shall not extend to--
                    (A) Westlands Water District's operation and 
                maintenance obligations, whether payable to the United 
                States or to an Operating Non-Federal Entity;
                    (B) construction costs or other capitalized costs 
                not yet allocated to or incurred by Westlands Water 
                District as of the date of the Westlands Agreement, 
                including costs attributable to the Folsom Safety of 
                Dams modifications, the B.F. Sisk corrective action 
                study, or any Safety of Dams; or
                    (C) the repayment of future capital costs incurred 
                after the date of execution of the Westlands Agreement.
    (c) Repayment of Costs.--Central Valley Project construction costs 
or other capitalized costs allocated to Westlands Water District after 
the date of the Westlands Agreement, and properly assignable to 
Westlands Water District, shall be repaid in not more than 5 years 
after notification of the allocation of such amount 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. Any additional costs 
that may have been assigned to Westlands Water District pursuant to 
paragraph (9)(C)(iv) of the Westlands Agreement related to the Central 
Valley Project final cost allocation shall be nonreimbursable.
    (d) Applicability of Certain Provisions.--
            (1) Reclamation reform act.--Upon discharge of the capital 
        repayment obligation as provided in subsection (b), the 
        provisions of section 213 (a) and (b) of the Reclamation Reform 
        Act of 1982 (96 Stat. 1269) shall be deemed to apply to lands 
        in Westlands Water District, and the ownership and full cost 
        pricing limitations in any provision of Federal reclamation law 
        shall not apply to lands in the District notwithstanding the 
        subsequent allocation of construction costs or other 
        capitalized costs to the District. These exemptions shall be 
        carried out in accordance with the process set forth in the 
        Westlands Agreement.
            (2) Other provisions.--Nothing in this Act is intended to 
        relieve the San Luis Unit Contractors of any other obligations 
        under reclamation law including Restoration Fund charges 
        pursuant to section 3407(d) of Public Law 102-575.

SEC. 8. TRANSFER OF TITLE TO CERTAIN FACILITIES.

    (a) In General.--Upon the execution of the repayment contract, or 
as soon thereafter as practicable, the Secretary shall transfer to 
Westlands Water District title to the following:
            (1) San Luis Canal System, excluding the main canal that is 
        integrated with the California Aqueduct. These appurtenant 
        features include--
                    (A) internal water distribution system within 
                Westlands, including approximately 1,045 miles of 
                buried pipeline;
                    (B) pumping plants within Westlands, including--
                            (i) San Luis Canal Left and Right Bank 
                        pumping plants;
                            (ii) Pumping Plants P1 through P38 located 
                        at the head end of the gravity laterals to 
                        supply the head required for the ``P'' 
                        laterals;
                            (iii) Pumping Plants, tanks, reservoirs, 
                        relift pumping plants to serve lands west of 
                        the San Luis Canal; and
                            (iv) Pumping Plant 7.05 off Lateral 7; and
                    (C) related structures, appurtenances, pumping 
                plants, pumps, motors, meters, valves, tanks, 
                transformers, and electrical equipment as specifically 
                identified through the title transfer process of 
                federally owned facilities, equipment, and real 
                property.
            (2) Mendota Pool diversion facilities operated by Westlands 
        Water District System, including the following:
                    (A) Inlet Canal from the Fresno Slough.
                    (B) Pumping plants, 6-1, 6-2, 7-1, 7-2.
                    (C) Related structures, appurtenances, pumps, 
                motors, meters, valves, tanks, transformers, and 
                electrical equipment as specifically identified through 
                the title transfer process of federally owned 
                facilities, equipment, and real property.
            (3) Pleasant Valley System, including the following:
                    (A) Intake canal and pipeline.
                    (B) Pleasant Valley Pumping Plant.
                    (C) Coalinga Canal, including related check 
                structures, turnouts, and headworks.
                    (D) Pleasant Valley distribution system and pumping 
                plants along the Coalinga Canal.
                    (E) Related structures, appurtenances, pumps, 
                motors, meters, valves, tanks, transformers, and 
                electrical equipment as specifically identified through 
                the title transfer process of federally owned 
                facilities, equipment, and real property.
            (4) Drainage collection system, including the following:
                    (A) Carrier and collector pipelines, sumps, and 
                sump pumps.
                    (B) San Luis Drain from Sta 6678+45 to Sta 
                8520+22.87. (Crossing with DMC to Laguna Ave. 
                crossing.)
                    (C) Related structures, appurtenances, pumps, 
                motors, meters, valves, tanks, transformers, and 
                electrical equipment as specifically identified through 
                the title transfer process of federally owned 
                facilities, equipment, and real property.
            (5) Tranquillity Field Office, including the following:
                    (A) Buildings at 32650 West Adams Avenue, 
                Tranquillity, CA 93668.
                    (B) All related fixtures and furnishings as 
                specifically identified through the title transfer 
                process of federally owned facilities, equipment, and 
                real property.
            (6) Huron field office, including the following:
                    (A) Buildings at 32450 South Lassen Avenue, Huron, 
                CA 93234.
                    (B) All related fixtures and furnishings as 
                specifically identified through the title transfer 
                process of federally owned facilities, equipment, and 
                real property.
            (7) All real property interests held by the United States 
        in lands underlying or otherwise associated with the facilities 
        and equipment listed in this subsection (a), including all fee 
        title, easements, and rights of way.
    (b) Payment of Costs.--Except as specifically provided in this Act, 
any transfer of title to the Pleasant Valley Pumping Plant, the 
Coalinga Canal, and any associated facilities shall not relieve any 
other Project Water service or repayment contractor of the requirement 
to pay any allocated costs associated with those conveyance or pumping 
facilities that are properly allocated to those contractors under 
existing law and Project ratesetting policies.
    (c) Liability on Transfer of Title.--Upon transfer of title to any 
facilities pursuant to subsection (a), Westlands Water District shall, 
as a condition to such transfer, formally agree as of the date of 
transfer to--
            (1) hold the United States harmless and indemnify the 
        United States for any and all claims, cost, damages, and 
        judgments of any kind arising out of any act, omission, or 
        occurrence relating to the transferred facilities, except for 
        such claims, costs, damages arising from acts of negligence 
        committed by the United States or by its employees, agents, or 
        contractors, prior to the date of title transfer, for which the 
        United States is found liable under the Federal Tort Claims 
        Act; and
            (2) assume full responsibility for correcting and financing 
        any repairs or deficiencies that may exist at the time of or 
        following title transfer.
    (d) Compliance.--The Secretary and Westlands Water District shall 
comply with all applicable requirements under Federal and California 
law before title to a facility is transferred pursuant to this section.

SEC. 9. COMPLIANCE WITH APPLICABLE LAW.

    In implementing the measures authorized by this Act, the Secretary 
shall comply with all applicable Federal laws, rules, and regulations, 
including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), as necessary.

SEC. 10. NO WATER SUPPLY OR FINANCIAL IMPACTS ON OTHER CENTRAL VALLEY 
              PROJECT CONTRACTORS.

    Implementation of this Act and the Agreements authorized thereunder 
shall not--
            (1) result in the involuntary reduction in the contract 
        water allocation to any Central Valley Project long-term water 
        service, repayment, settlement, exchange, or refuge contractor, 
        including contractors in the Friant Division of the Central 
        Valley Project;
            (2) modify, amend or affect any of the rights and 
        obligations of the parties to any Central Valley Project long-
        term water service, repayment, settlement, exchange, or refuge 
        contract, including contracts in the Friant Division of the 
        Central Valley Project;
            (3) alter the repayment obligation of any long-term water 
        service, repayment, or settlement contractor receiving water or 
        power from the Central Valley Project, or shift any costs to 
        other such contractors that would otherwise have been properly 
        assignable to San Luis Unit Contractors under this Act, 
        including operations and maintenance costs, construction costs, 
        or other capitalized costs allocated to San Luis Unit 
        Contractors after the date of the enactment of this Act;
            (4) impair the ability of the United States to implement 
        paragraph 16 (The Water Management Goal) of the Stipulation of 
        Settlement entered by the parties to Natural Resources Defense 
        Council, et al. v. Rogers, et al. (Case NO CIV S-88-1658 (LKK/
        GGH) E.D.Cal.), dated September 13, 2006, as authorized to be 
        implemented by title X of Public Law 111-11; or
            (5) diminish, impair, or otherwise affect in any manner any 
        priorities for the allocation, delivery, or use of water under 
        applicable law, including any purposes of use and priorities 
        established by sections 3402 and 3406 of the Central Valley 
        Project Improvement Act (Public Law 102-575; 106 Stat. 4706).

SEC. 11. RESTORATION FUND PAYMENTS BY WESTLANDS WATER DISTRICT.

    For the purpose of avoiding a shift of Central Valley Project 
Restoration Fund payments from Westlands Water District to Central 
Valley Project preference power contractors, for any year in which the 
allocation of water for south-of-Delta Central Valley Project long-term 
water service contractors or repayment contractors is greater than 75 
percent, the Secretary shall calculate for Westlands Water District a 
per acre foot Restoration Fund payment based on a projection that 
Westlands Water District would take delivery of the allocation made to 
south-of-Delta Central Valley Project long-term water service 
contractors or repayment contractors.
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