I 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘San Luis Unit Drainage Resolution Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) NORTHERLY DISTRICTS AGREEMENT.—The 

4 term ‘‘Northerly Districts Agreement’’ means the 

5 Agreement among the United States, San Luis 

6 Water District, Panoche Water District, and 

7 Pacheco Water District. 

8 (2) PROJECT.—The term ‘‘Project’’ means the 

9 Central Valley Project, owned by the United States 

10 and managed by the Department of the Interior, 

11 Bureau of Reclamation. 

12 (3) PROJECT WATER.—The term ‘‘Project 

13 Water’’ means all water that is developed, diverted, 

14 stored, or delivered by the Secretary in accordance 

15 with the statutes authorizing the Project and in ac16 cordance with the terms and conditions of water 

17 rights acquired pursuant to California law. 

18 (4) REPAYMENT CONTRACT.—The term ‘‘repay19 ment contract’’ means the repayment contract con20 verted under section 6(a). 

21 (5) SAN LUIS ACT.—The term ‘‘San Luis Act’’ 

22 means the Act of June 3, 1960 (Public Law 86– 


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1 488), and all Acts amendatory thereof and supple2 mentary thereto. 

3 (6) SAN LUIS UNIT.—The term ‘‘San Luis 

4 Unit’’ means those lands identified in section 1 of 

5 the San Luis Act. 

6 (7) SAN LUIS UNIT CONTRACTORS.—The term 

7 ‘‘San Luis Unit Contractors’’ means Westlands 

8 Water District (including Broadview Water District 

9 lands annexed within Westlands Water District), 

10 San Luis Water District, Panoche Water District, 

11 and Pacheco Water District. 

12 (8) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (9) WESTLANDS AGREEMENT.—The term 

15 ‘‘Westlands Agreement’’ means the ‘‘Agreement be16 tween the United States and Westlands Water Dis17 trict’’ to settle litigation concerning the United 

18 States duty to provide drainage service, entered Sep19 tember 15, 2015. 

20 SEC. 3. APPROVAL OF AGREEMENTS. 

21 Notwithstanding any other provision of law, unless 

22 otherwise specified herein, the Secretary is hereby directed 

23 to implement the terms and conditions of the Westlands 

24 Agreement and the Northerly Districts Agreement. 


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1 SEC. 4. RELIEF FROM DRAINAGE OBLIGATION. 

2 The San Luis Act is amended as follows: 

3 (1) In the first section— 

4 (A) in the second sentence, by striking 

5 ‘‘distribution systems, drains,’’; and 

6 (B) in the sixth sentence— 

7 (i) by striking ‘‘the Secretary has (1)’’ 

8 and inserting ‘‘the Secretary has’’; and 

9 (ii) by striking ‘‘, and (2) received’’ 

10 and all that follows through ‘‘December, 

11 17, 1956’’. 

12 (2) In section 5, by striking the first sentence 

13 and inserting ‘‘Notwithstanding any other provision 

14 of law, the Secretary of the Interior shall have no 

15 duty to provide drainage or drainage service to the 

16 San Luis Unit. Each contractor within the San Luis 

17 Unit that receives water for the purpose of irrigation 

18 shall be responsible for the management of drainage 

19 water within its boundaries, in accordance with Fed20 eral and California law consistent with the 

21 Westlands Agreement and Northerly District Agree22 ment respectively.’’. 

23 (3) In section 8— 

24 (A) in the first sentence, by striking ‘‘other 

25 than distribution systems and drains,’’; and 

26 (B) in the third sentence— 


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1 (i) by striking ‘‘(a) for construction’’ 

2 and all that follows through ‘‘and (b)’’; 

3 and 

4 (ii) by striking ‘‘: Provided’’ and all 

5 that follows through ‘‘such works are 

6 placed in service’’. 

7 SEC. 5. DRAINAGE IMPLEMENTATION. 

8 (a) IN GENERAL.—The Westlands Water District 

9 shall assume all legal responsibility for the management 

10 of drainage water within its boundaries in accordance with 

11 Federal and California law, and in accordance with the 

12 Westlands Agreement. 

13 (b) DRAIN WATER.—Westlands Water District shall 

14 not discharge drain water outside of its boundaries. 

15 SEC. 6. WATER DELIVERY CONTRACTS. 

16 (a) CONTRACT CONVERSION.—The Secretary shall 

17 convert the Westlands Water District existing long-term 

18 or interim renewal water service contract entered into 

19 under section 9(e) of the Act of August 4, 1939 (53 Stat. 

20 1196), to a repayment contract under section 9(d) and 

21 9(c)(1) of the Act of August 4, 1939 (53 Stat. 1195, 

22 1194), consistent with the Westlands Agreement. 

23 (b) ALLOCATION DECISIONS.— 

24 (1) IN GENERAL.—Notwithstanding subsection 

25 (a) and as provided in the Westlands Agreement, the 


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1 Secretary shall make allocation decisions in the 

2 Project consistent with the requirements of Federal 

3 law (including the Endangered Species Act of 1973 

4 and reclamation law) and applicable California State 

5 Water Resources Control Board requirements. 

6 (2) CONVERSION OF CONTRACT.—Conversion of 

7 Westlands Water District’s contract pursuant to 

8 subsection (a) shall not afford Westlands Water Dis9 trict greater or lesser rights to an annual allocation 

10 of Project Water than Westlands Water District had 

11 before that conversion. 

12 (3) LIMITATION ON LIABILITY.—No liability 

13 shall accrue against the United States or any of its 

14 officers, agents, or employees for any damage, direct 

15 or indirect, arising from a condition of shortage in 

16 the amount of water available for delivery to the San 

17 Luis Unit Contractors caused by— 

18 (A) errors in physical operations of the 

19 Project; 

20 (B) physical causes beyond the control of 

21 the Contracting Officer, including drought; or 

22 (C) actions taken by the Contracting Offi23 cer to meet legal obligations. 

24 (c) WATER SERVICE CONTRACT FOR LEMOORE

25 NAVAL AIR STATION.— 


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1 (1) CONTRACT REQUIRED.—The Secretary shall 

2 enter into a contract under section 9(e) of the Act 

3 of August 4, 1939 (53 Stat. 1196), with the Sec4 retary of the Navy for the delivery of Project Water 

5 to the Lemoore Naval Air Station to meet the irriga6 tion needs of Lemoore Naval Air Station associated 

7 with air operations. The contract amount of Project 

8 Water made available to the Lemoore Naval Air Sta9 tion under such contract shall be determined by the 

10 Secretary through technical analysis with the 

11 Lemoore Naval Air Station. 

12 (2) CONDITION OF SHORTAGE.—In any year in 

13 which there may occur a condition of shortage in the 

14 amount of water available for delivery, the Con15 tracting Officer shall allocate the available Project 

16 Water amount to Lemoore Naval Air Station in ac17 cordance with the allocation steps for municipal and 

18 industrial water service contractors under the Cen19 tral Valley Project Municipal and Industrial Water 

20 Shortage Policy (as in effect on the effective date of 

21 the repayment contract). For purposes of deter22 mining ‘‘historical use’’ under the policy, past water 

23 use for irrigation needs by the Lemoore Naval Air 

24 Station under the contract authorized by this section 


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1 or such use previous to the contract may be consid2 ered. 

3 SEC. 7. REPAYMENT OBLIGATIONS. 

4 (a) SUSPENSION OF CAPITAL OBLIGATION.— 

5 Westlands Water District’s capital repayment obligation 

6 and payments under its water service contracts and the 

7 April 1, 1965, repayment contract between the United 

8 States and Westlands Water District (contract numbered 

9 14–06–200–2020–A) as further defined in subsection (b), 

10 is suspended until the execution of the repayment con11 tract. Upon execution of that repayment contract, 

12 Westlands Water District shall receive a credit against fu13 ture operation and maintenance costs payable to the 

14 United States in the amount of the capital costs under 

15 the water service contracts and the 1965 Repayment Con16 tract paid by Westlands Water District between the date 

17 of the Westlands Agreement and the date of the enact18 ment of this Act. Costs incurred by the United States for 

19 reevaluating, planning, or providing drainage service to 

20 Westlands Water District shall be nonreimbursable, as set 

21 forth in paragraph (9)(C)(iv) of the Westlands Agreement. 

22 (b) RELIEF OF CAPITAL REPAYMENT OBLIGA23 TIONS.—Upon the date of execution of the repayment con24 tract, and as set forth in the Westlands Agreement, the 

25 following shall take effect: 


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1 (1) IN GENERAL.—Westlands Water District 

2 shall be relieved of— 

3 (A) its capital repayment obligations under 

4 the June 5, 1963, water service contract be5 tween the United States and Westlands Water 

6 District (contract number 14–06–200–495–A) 

7 providing for water service, or any renewals 

8 thereof, and any water service contracts as9 signed to Westlands Water District, Westlands 

10 Distribution District No. 1, and Westlands Dis11 tribution District No. 2 existing as of the date 

12 of the execution of the Westlands Agreement; 

13 and 

14 (B) any remaining repayment obligation 

15 under the April 1, 1965, repayment contract 

16 between the United States and Westlands 

17 Water District (contract numbered 14–06–200– 

18 2020–A). 

19 (2) LIMITATION ON RELIEF.—Repayment relief 

20 granted in paragraph (1) shall not extend to— 

21 (A) Westlands Water District’s operation 

22 and maintenance obligations, whether payable 

23 to the United States or to an Operating Non24 Federal Entity; 


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1 (B) construction costs or other capitalized 

2 costs not yet allocated to or incurred by 

3 Westlands Water District as of the date of the 

4 Westlands Agreement, including costs attrib5 utable to the Folsom Safety of Dams modifica6 tions, the B.F. Sisk corrective action study, or 

7 any Safety of Dams; or 

8 (C) the repayment of future capital costs 

9 incurred after the date of execution of the 

10 Westlands Agreement. 

11 (c) REPAYMENT OF COSTS.—Central Valley Project 

12 construction costs or other capitalized costs allocated to 

13 Westlands Water District after the date of the Westlands 

14 Agreement, and properly assignable to Westlands Water 

15 District, shall be repaid in not more than 5 years after 

16 notification of the allocation of such amount of less than 

17 $5,000,000. If such amount is $5,000,000 or greater, such 

18 cost shall be repaid as provided by applicable reclamation 

19 law. Any additional costs that may have been assigned to 

20 Westlands Water District pursuant to paragraph 

21 (9)(C)(iv) of the Westlands Agreement related to the Cen22 tral Valley Project final cost allocation shall be nonreim23 bursable. 

24 (d) APPLICABILITY OF CERTAIN PROVISIONS.— 


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1 (1) RECLAMATION REFORM ACT.—Upon dis2 charge of the capital repayment obligation as pro3 vided in subsection (b), the provisions of section 213 

4 (a) and (b) of the Reclamation Reform Act of 1982 

5 (96 Stat. 1269) shall be deemed to apply to lands 

6 in Westlands Water District, and the ownership and 

7 full cost pricing limitations in any provision of Fed8 eral reclamation law shall not apply to lands in the 

9 District notwithstanding the subsequent allocation of 

10 construction costs or other capitalized costs to the 

11 District. These exemptions shall be carried out in 

12 accordance with the process set forth in the 

13 Westlands Agreement. 

14 (2) OTHER PROVISIONS.—Nothing in this Act is 

15 intended to relieve the San Luis Unit Contractors of 

16 any other obligations under reclamation law includ17 ing Restoration Fund charges pursuant to section 

18 3407(d) of Public Law 102–575. 

19 SEC. 8. TRANSFER OF TITLE TO CERTAIN FACILITIES. 

20 (a) IN GENERAL.—Upon the execution of the repay21 ment contract, or as soon thereafter as practicable, the 

22 Secretary shall transfer to Westlands Water District title 

23 to the following: 


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1 (1) San Luis Canal System, excluding the main 

2 canal that is integrated with the California Aque3 duct. These appurtenant features include— 

4 (A) internal water distribution system 

5 within Westlands, including approximately 

6 1,045 miles of buried pipeline; 

7 (B) pumping plants within Westlands, in8 cluding— 

9 (i) San Luis Canal Left and Right 

10 Bank pumping plants; 

11 (ii) Pumping Plants P1 through P38 

12 located at the head end of the gravity 

13 laterals to supply the head required for the 

14 ‘‘P’’ laterals; 

15 (iii) Pumping Plants, tanks, res16 ervoirs, relift pumping plants to serve 

17 lands west of the San Luis Canal; and 

18 (iv) Pumping Plant 7.05 off Lateral 

19 7; and 

20 (C) related structures, appurtenances, 

21 pumping plants, pumps, motors, meters, valves, 

22 tanks, transformers, and electrical equipment 

23 as specifically identified through the title trans24 fer process of federally owned facilities, equip25 ment, and real property. 


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1 (2) Mendota Pool diversion facilities operated 

2 by Westlands Water District System, including the 

3 following: 

4 (A) Inlet Canal from the Fresno Slough. 

5 (B) Pumping plants, 6–1, 6–2, 7–1, 7–2. 

6 (C) Related structures, appurtenances, 

7 pumps, motors, meters, valves, tanks, trans8 formers, and electrical equipment as specifically 

9 identified through the title transfer process of 

10 federally owned facilities, equipment, and real 

11 property. 

12 (3) Pleasant Valley System, including the fol13 lowing: 

14 (A) Intake canal and pipeline. 

15 (B) Pleasant Valley Pumping Plant. 

16 (C) Coalinga Canal, including related 

17 check structures, turnouts, and headworks. 

18 (D) Pleasant Valley distribution system 

19 and pumping plants along the Coalinga Canal. 

20 (E) Related structures, appurtenances, 

21 pumps, motors, meters, valves, tanks, trans22 formers, and electrical equipment as specifically 

23 identified through the title transfer process of 

24 federally owned facilities, equipment, and real 

25 property. 


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1 (4) Drainage collection system, including the 

2 following: 

3 (A) Carrier and collector pipelines, sumps, 

4 and sump pumps. 

5 (B) San Luis Drain from Sta 6678+45 to 

6 Sta 8520+22.87. (Crossing with DMC to La7 guna Ave. crossing.) 

8 (C) Related structures, appurtenances, 

9 pumps, motors, meters, valves, tanks, trans10 formers, and electrical equipment as specifically 

11 identified through the title transfer process of 

12 federally owned facilities, equipment, and real 

13 property. 

14 (5) Tranquillity Field Office, including the fol15 lowing: 

16 (A) Buildings at 32650 West Adams Ave17 nue, Tranquillity, CA 93668. 

18 (B) All related fixtures and furnishings as 

19 specifically identified through the title transfer 

20 process of federally owned facilities, equipment, 

21 and real property. 

22 (6) Huron field office, including the following: 

23 (A) Buildings at 32450 South Lassen Ave24 nue, Huron, CA 93234. 


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1 (B) All related fixtures and furnishings as 

2 specifically identified through the title transfer 

3 process of federally owned facilities, equipment, 

4 and real property. 

5 (7) All real property interests held by the 

6 United States in lands underlying or otherwise asso7 ciated with the facilities and equipment listed in this 

8 subsection (a), including all fee title, easements, and 

9 rights of way. 

10 (b) PAYMENT OF COSTS.—Except as specifically pro11 vided in this Act, any transfer of title to the Pleasant Val12 ley Pumping Plant, the Coalinga Canal, and any associ13 ated facilities shall not relieve any other Project Water 

14 service or repayment contractor of the requirement to pay 

15 any allocated costs associated with those conveyance or 

16 pumping facilities that are properly allocated to those con17 tractors under existing law and Project ratesetting poli18 cies. 

19 (c) LIABILITY ON TRANSFER OF TITLE.—Upon 

20 transfer of title to any facilities pursuant to subsection 

21 (a), Westlands Water District shall, as a condition to such 

22 transfer, formally agree as of the date of transfer to— 

23 (1) hold the United States harmless and indem24 nify the United States for any and all claims, cost, 

25 damages, and judgments of any kind arising out of 


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1 any act, omission, or occurrence relating to the 

2 transferred facilities, except for such claims, costs, 

3 damages arising from acts of negligence committed 

4 by the United States or by its employees, agents, or 

5 contractors, prior to the date of title transfer, for 

6 which the United States is found liable under the 

7 Federal Tort Claims Act; and 

8 (2) assume full responsibility for correcting and 

9 financing any repairs or deficiencies that may exist 

10 at the time of or following title transfer. 

11 (d) COMPLIANCE.—The Secretary and Westlands 

12 Water District shall comply with all applicable require13 ments under Federal and California law before title to a 

14 facility is transferred pursuant to this section. 

15 SEC. 9. COMPLIANCE WITH APPLICABLE LAW. 

16 In implementing the measures authorized by this Act, 

17 the Secretary shall comply with all applicable Federal 

18 laws, rules, and regulations, including the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

20 and the Endangered Species Act of 1973 (16 U.S.C. 1531 

21 et seq.), as necessary. 


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1 SEC. 10. NO WATER SUPPLY OR FINANCIAL IMPACTS ON 

2 OTHER CENTRAL VALLEY PROJECT CON3 TRACTORS. 

4 Implementation of this Act and the Agreements au5 thorized thereunder shall not— 

6 (1) result in the involuntary reduction in the 

7 contract water allocation to any Central Valley 

8 Project long-term water service, repayment, settle9 ment, exchange, or refuge contractor, including con10 tractors in the Friant Division of the Central Valley 

11 Project; 

12 (2) modify, amend or affect any of the rights 

13 and obligations of the parties to any Central Valley 

14 Project long-term water service, repayment, settle15 ment, exchange, or refuge contract, including con16 tracts in the Friant Division of the Central Valley 

17 Project; 

18 (3) alter the repayment obligation of any long19 term water service, repayment, or settlement con20 tractor receiving water or power from the Central 

21 Valley Project, or shift any costs to other such con22 tractors that would otherwise have been properly as23 signable to San Luis Unit Contractors under this 

24 Act, including operations and maintenance costs, 

25 construction costs, or other capitalized costs alloVerDate Sep 11 2014 21:06 Jan 14, 2016 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4366.IH H4366

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1 cated to San Luis Unit Contractors after the date 

2 of the enactment of this Act; 

3 (4) impair the ability of the United States to 

4 implement paragraph 16 (The Water Management 

5 Goal) of the Stipulation of Settlement entered by the 

6 parties to Natural Resources Defense Council, et al. 

7 v. Rogers, et al. (Case NO CIV S–88–1658 (LKK/ 

8 GGH) E.D.Cal.), dated September 13, 2006, as au9 thorized to be implemented by title X of Public Law 

10 111–11; or 

11 (5) diminish, impair, or otherwise affect in any 

12 manner any priorities for the allocation, delivery, or 

13 use of water under applicable law, including any 

14 purposes of use and priorities established by sections 

15 3402 and 3406 of the Central Valley Project Im16 provement Act (Public Law 102–575; 106 Stat. 

17 4706). 

18 SEC. 11. RESTORATION FUND PAYMENTS BY WESTLANDS 

19 WATER DISTRICT. 

20 For the purpose of avoiding a shift of Central Valley 

21 Project Restoration Fund payments from Westlands 

22 Water District to Central Valley Project preference power 

23 contractors, for any year in which the allocation of water 

24 for south-of-Delta Central Valley Project long-term water 

25 service contractors or repayment contractors is greater 


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1 than 75 percent, the Secretary shall calculate for 

2 Westlands Water District a per acre foot Restoration 

3 Fund payment based on a projection that Westlands 

4 Water District would take delivery of the allocation made 

5 to south-of-Delta Central Valley Project long-term water 

6 service contractors or repayment contractors. 

Æ 


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