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CVPIA Legislation, Title 34, Public Law 102-575

Section 3401. Short Title

This title may be cited as the "Central Valley Project Improvement Act."

Section 3402. Purposes

The purposes of this title shall be:

(a) To protect, restore, and enhance fish, wildlife, and associated habitats in the Central Valley 

and Trinity River basins of California;

(b) To address impacts of the Central Valley Project on fish, wildlife and associated habitats;

(c) To improve the operational flexibility of the Central Valley Project;

(d) To increase water-related benefits provided by the Central Valley Project to the State of 

California through expanded use of voluntary water transfers and improved water conservation;

(e) To contribute to the State of California's interim and long-term efforts to protect the San 

Francisco Bay/Sacramento-San Joaquin Delta Estuary;

(f) To achieve a reasonable balance among competing demands for use of Central Valley 

Project water, including the requirements of fish and wildlife, agricultural, municipal and 

industrial and power contractors.

Section 3403. Definitions

As used in this title:

(a) The term "anadromous fish" means those stocks of salmon (including steelhead), striped 

bass, sturgeon, and American shad that ascend the Sacramento and San Joaquin rivers and their 

tributaries and the Sacramento-San Joaquin Delta to reproduce after maturing in San Francisco 

Bay or the Pacific Ocean;

(b) The terms "artificial propagation" and "artificial production" mean spawning, incubating, 

hatching, and rearing fish in a hatchery or other facility constructed for fish production;

(c) The term "Central Valley Habitat Joint Venture" means the association of Federal and State 

agencies and private parties established for the purpose of developing and implementing the 

North American Waterfowl Management Plan as it pertains to the Central Valley of California;
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(d) The terms "Central Valley Project" or "project" mean all Federal reclamation projects 

located within or diverting water from or to the watershed of the Sacramento and San Joaquin 

rivers and their tributaries as authorized by the Act of August 26, 1937 (50 Stat. 850) and all 

Acts amendatory or supplemental thereto, including but not limited to the Act of October 17, 

1940 (54 Stat. 1198, 1199), Act of December 22, 1944 (58 Stat. 887), Act of October 14, 1949 

(63 Stat. 852), Act of September 26, 1950 (64 Stat. 1036), Act of August 27, 1954 (68 Stat. 879), 

Act of August 12, 1955 (69 Stat. 719), Act of June 3, 1960 (74 Stat. 156), Act of October 23, 

1962 (76 Stat. 1173), Act of September 2, 1965 (79 Stat. 615), Act of August 19, 1967 (81 Stat. 

167), Act of August 27, 1967 (81 Stat. 173), Act of October 23, 1970 (84 Stat. 1097), Act of 

September 28, 1976 (90 Stat. 1324) and Act of October 27, 1986 (100 Stat. 3050) ;

(e) The term "Central Valley Project service area" means that area of the Central Valley and San 

Francisco Bay Area where water service has been expressly authorized pursuant to the various 

feasibility studies and consequent congressional authorizations for the Central Valley Project;

(f) The term "Central Valley Project water" means all water that is developed, diverted, stored, 

or delivered by the Secretary in accordance with the statutes authorizing the Central Valley 

Project and in accordance with the terms and conditions of water rights acquired pursuant to 

California law;

(g) The term "full cost" has the meaning given such term in paragraph (3) of section 202 of the 

Reclamation Reform Act of 1982;

(h) The term "natural production" means fish produced to adulthood without direct human 

intervention in the spawning, rearing, or migration processes;

(i) The term "Reclamation laws" means the Act of June 17, 1902 (82 Stat. 388) and all acts 

amendatory thereof or supplemental thereto;

(j) The term "Refuge Water Supply Report" means the report issued by the Interior Region 10 · 

California-Great Basin of the Bureau of Reclamation of the U.S. Department of the Interior 

entitled Report on Refuge Water Supply Investigations, Central Valley Hydrologic Basin, 

California (March 1989) ;

(k) The terms "repayment contract" and "water service contract" have the same meaning as 

provided in sections 9(d) and 9(e) of the Reclamation Project Act of 1939 (53 Stat. 1187, 

1195), as amended;

(l) The terms "Restoration Fund" and "Fund" mean the Central Valley Project Restoration 

Fund established by this title; and,

(m) The term "Secretary" means the Secretary of the Interior.

Section 3404. Limitation on Contracting and Contract 

Reform

(a) New Contracts.--Except as provided in subsection (b) of this section, the Secretary shall not 

enter into any new short-term, temporary, or long-term contracts or agreements for water 

supply from the Central Valley Project for any purpose other than fish and wildlife before:

(1) The provisions of subsections 3406(b) -(d) of this title are met;
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(2) The California State Water Resources Control Board concludes the review ordered by 

the California Court of Appeals in U.S. v. State Water Resources Control Board, 182 Cal. 

App. 3rd 82 (1986) and determines the means of implementing its decision, including the 

obligations of the Central Valley Project, if any, and the Administrator of the 

Environmental Protection Agency shall have approved such decision pursuant to existing 

authorities; and,

(3) At least one hundred and twenty days shall have passed after the Secretary provides a 

report to the Committee on Energy and Natural Resources of the Senate and the 

Committee on Interior and Insular Affairs and the Committee on Merchant Marine and 

Fisheries of the House of Representatives explaining the obligations, if any, of the Central 

Valley Project system, including its component facilities and contracts, with regard to 

achieving its responsibilities for the San Francisco Bay/Sacramento-San Joaquin Delta 

Estuary as finally established and approved by relevant State and Federal authorities, and 

the impact of such obligations on Central Valley Project operations, supplies, and 

commitments.

(b) Exceptions to Limit on New Contracts.--The prohibition on execution of new contracts 

under subsection (a) of this section shall not apply to contracts executed pursuant to section 

305 of Pub. L. 102-250 or section 206 of Pub. L. 101-514 or to one-year contracts for delivery 

of surplus flood flows or contracts not to exceed two years in length for delivery of class II 

water in the Friant Unit. Notwithstanding the prohibition in the Energy and Water 

Development Appropriations Act of 1990, the Secretary is authorized, pursuant to section 203 

of the Flood Control Act of 1962, to enter into a long-term contract in accordance with the 

Reclamation laws with the Tuolumne Regional Water District, California, for the delivery of 

water from the New Melones project to the county's water distribution system and a contract 

with the Secretary of Veteran Affairs to provide for the delivery in perpetuity of water from the 

project in quantities sufficient, but not to exceed 850 acre-feet per year, to meet the needs of 

the San Joaquin Valley National Cemetery, California.

(c) Renewal of Existing Long-Term Contracts.--Notwithstanding the provisions of the Act of 

July 2, 1956 (70 Stat. 483), the Secretary shall, upon request, renew any existing long-term 

repayment or water service contract for the delivery of water from the Central Valley Project 

for a period of 25 years and may renew such contracts for successive periods of up to 25 years 

each.

(1) No such renewals shall be authorized until appropriate environmental review, including 

the preparation of the environmental impact statement required in section 3409 of this title, 

has been completed. Contracts which expire prior to the completion of the environmental 

impact statement required by section 3409 may be renewed for an interim period not to 

exceed three years in length, and for successive interim periods of not more than two years 

in length, until the environmental impact statement required by section 3409 has been 

finally completed, at which time such interim renewal contracts shall be eligible for longterm renewal as provided above. Such interim renewal contracts shall be modified to 

comply with existing law, including provisions of this title. With respect to all contracts 

renewed by the Secretary since January 1, 1988, the Secretary shall incorporate in said 

contracts a provision requiring payment of the charge mandated in subsection 3406(c) and 

subsection 3407(b) of this title and all other modifications needed to comply with existing 

law, including provisions of this title. This title shall be deemed "applicable law" as that 

term is used in Article 14(c) of contracts renewed by the Secretary since January 1, 1988.
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(2) Upon renewal of any long-term repayment or water service contract providing for the 

delivery of water from the Central Valley Project, the Secretary shall incorporate all 

requirements imposed by existing law, including provisions of this title, within such 

renewed contracts. The Secretary shall also administer all existing, new, and renewed 

contracts in conformance with the requirements and goals of this title.

(3) In order to encourage early renewal of project water contracts and facilitate timely 

implementation of this title, the Secretary shall impose on existing contractors an additional 

mitigation and restoration payment of one and one-half times the annual mitigation and 

restoration payment calculated under subsection 3407(d) of this title for every year starting 

October 1, 1997 or January 1 of the year following the year in which the environmental 

impact statement required under section 3409 is completed, whichever is sooner, and 

ending on the effective date of the renewed contract payable prior to the renewal of such 

contract, to be covered to the Restoration Fund; Provided, however, That this paragraph 

shall not apply to contracts renewed after January 1, 1988, and prior to the date of 

enactment of this title or, in the event the environmental impact statement required by 

section 3409 is not completed by October 1, 1997, to any holder of a contract in existence 

on the date of enactment of this title who enters into a binding agreement with the 

Secretary prior to October 1, 1997, to renew its contract immediately upon completion of 

that environmental impact statement, if such contract has not expired prior to such date.

Section 3405. Water Transfers, Improved Water 

Management & Conservation

(a) Water Transfers.--In order to assist California urban areas, agricultural water users, and 

others in meeting their future water needs, subject to the conditions and requirements of this 

subsection, all individuals or districts who receive Central Valley Project water under water 

service or repayment contracts, water rights settlement contracts or exchange contracts entered 

into prior to or after the date of enactment of this title are authorized to transfer all or a portion 

of the water subject to such contract to any other California water user or water agency, State 

or Federal agency, Indian Tribe, or private non-profit organization for project purposes or any 

purpose recognized as beneficial under applicable State law. Except as provided herein, the 

terms of such transfers shall be set by mutual agreement between the transferee and the 

transferor.

(1) Conditions for Transfers.--All transfers to Central Valley Project water authorized by 

this subsection shall be subject to review and approval by the Secretary under the 

conditions specified in this subsection. Transfers involving more than 20 percent of the 

Central Valley Project water subject to long-term contract within any contracting district or 

agency shall also be subject to review and approval by such district or agency under the 

conditions specified in this subsection:

(A) No transfer to combination of transfers authorized by this subsection shall exceed, 

in any year, the average annual quantity of water under contract actually delivered to 

the contracting district or agency during the last three years of normal water delivery 

prior to the date of enactment of this title.

(B) All water under the contract which is transferred under authority of this subsection 

to any district or agency which is not a Central Valley Project contractor at the time of 

enactment of this title shall, if used for irrigation purposes, be repaid at the greater of 
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the full-cost or cost of service rates, or, if the water is used for municipal and industrial 

purposes, at the greater of the cost of service or municipal and industrial rates.

(C) No transfers authorized by this subsection shall be approved unless the transfer is 

between a willing buyer and a willing seller under such terms and conditions as may be 

mutually agreed upon.

(D) No transfer authorized by this subsection shall be approved unless the transfer is 

consistent with State law, including but not limited to provisions of the California 

Environmental Quality Act.

(E) All transfers authorized by this subsection shall be deemed a beneficial use of 

water by the transferor for the purposes of section 8 of the Act of June 17, 1902, 32 

Stat. 390, 43 U.S.C. 372.

(F) All transfers entered into pursuant to this subsection for uses outside the Central 

Valley Project service area shall be subject to a right of first refusal on the same terms 

and conditions by entities within the Central Valley Project service area. The right of 

first refusal must be exercised within ninety days from the date that notice is provided 

of the proposed transfer. Should an entity exercise the right of first refusal, it must 

compensate the transferee who had negotiated the agreement upon which the right of 

first refusal is being exercised for that entity's total costs associated with the 

development and negotiation of the transfer.

(G) No transfer authorized by this subsection shall be considered by the Secretary as 

conferring supplemental or additional benefits on Central Valley Project water 

contractors as provided in section 203 of Public Law 97-293 (43 U.S.C. 390(cc) ).

(H) The Secretary shall not approve a transfer authorized by this subsection unless the 

Secretary has determined, consistent with paragraph 3405(a) (2) of this title, that the 

transfer will not violate the provisions of this title or other Federal law and will have 

no significant adverse effect on the Secretary's ability to deliver water pursuant to the 

Secretary's Central Valley Project contractual obligations or fish and wildlife 

obligations under this title because of limitations in conveyance or pumping capacity.

(I) The water subject to any transfer undertaken pursuant to this subsection shall be 

limited to water that would have been consumptively used or irretrievably lost to 

beneficial use during the year or years of the transfer.

(J) The Secretary shall not approve a transfer authorized by this subsection unless the 

Secretary determines, consistent with paragraph 3405(a) (2) of this title, that such 

transfer will have no significant long-term adverse impact on groundwater conditions 

in the transferor's service area.

(K) The Secretary shall not approve a transfer unless the Secretary determines, 

consistent with paragraph 3405(a) (2) of this title, that such transfer will have no 

unreasonable impact on the water supply, operations, or financial conditions of the 

transferor's contracting district or agency or its water users.

(L) The Secretary shall not approve a transfer if the Secretary determines, consistent 

with paragraph 3405(a) (2) of this title, that such transfer would result in a significant 

reduction in the quantity or decrease in the quality of water supplies currently used for 

fish and wildlife purposes, unless the Secretary determines pursuant to finding setting 
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forth the basis for such determination that such adverse effects would be more than 

offset by the benefits of the proposed transfer. In the event of such a determination, 

the Secretary shall develop and implement alternative measures and mitigation 

activities as integral and concurrent elements of any such transfer to provide fish and 

wildlife benefits substantially equivalent to those lost as a consequence of such 

transfer.

(M) Transfers between Central Valley Project contractors within countries, watersheds, 

or other areas of origin, as those terms are utilized under California law, shall be 

deemed to meet the conditions set forth in subparagraphs (A) and (I) of this 

paragraph.

(2) Review and Approval of Transfers.--All transfers subject to review and approval under 

this subsection shall be reviewed and approved in a manner consistent with the following:

(A) Decisions on water transfers subject to review by a contracting district or agency 

or by the Secretary shall be rendered within ninety days of receiving a written transfer 

proposal from the transferee or transferor. Such written proposal should provide all 

information reasonably necessary to determine whether the transfer complies with the 

terms and conditions of this subsection.

(B) All transfers subject to review by a contracting district or agency shall be reviewed 

in a public process similar to that provided for in section 226 of Pub. L. 97-293.

(C) The contracting district or agency or the Secretary shall approve all transfers 

subject to review and approval by such entity if such transfers are consistent with the 

terms and conditions of this subsection. To disapprove a transfer, the contracting 

district or agency or the Secretary shall inform the transferee and transferor, in writing, 

why the transfer does not comply with the terms and conditions of this subsection and 

what alternatives, if any, could be included so that the transfer would reasonably 

comply with the requirements of this subsection.

(D) If the contracting district or agency or the Secretary fails to approve or disapprove 

a proposed transfer within ninety days of receiving a complete written proposal from 

the transferee or transferor, then the transfer shall be deemed approved.

(3) Transfers executed after September 30, 1999 shall only be governed by the provisions of 

subparagraphs 3405(a) (1) (A) -(C), (E), (G), (H), (I), (L), and (M) of this title, and by State 

law.

(b) Metering of Water Use Required.--All Central Valley Project water service or repayment 

contracts for agricultural, municipal, or industrial purposes that are entered into, renewed, or 

amended under any provision of Federal Reclamation law after the date of enactment of this 

title, shall provide that the contracting district or agency shall ensure that all surface water 

delivery systems within its boundaries are equipped with water measuring devices or water 

measuring methods of comparable effectiveness acceptable to the Secretary within five years of 

the date of contract execution, amendment, or renewal, and that any new surface water delivery 

systems installed within its boundaries on or after the date of contract renewal are so equipped. 

The contracting district or agency shall inform the Secretary and the State of California annually 

as to the monthly volume of surface water delivered within its boundaries.

(c) State and Federal water Quality Standards.--All Central Valley Project water service or 

repayment contracts for agricultural, municipal, or industrial purposes that are entered into, 
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renewed, or amended under any provision of Federal Reclamation law after the date of 

enactment of this title, shall provide that the contracting district or agency shall be responsible 

for compliance with all applicable State and Federal water quality standards applicable to 

surface and subsurface agricultural drainage discharges generated within its boundaries. This 

subsection shall not affect or alter any legal obligation of the Secretary to provide drainage 

services.

(d) Water Pricing Reform.--All Central Valley Project water service or repayment contracts for a 

term longer than three years for agricultural, municipal, or industrial purposes that are entered 

into, renewed, or amended under any provision of Federal Reclamation law after the date of 

enactment of this title shall provide that all project water subject to contract shall be made 

available to districts, agencies, and other contracting entities pursuant to a system of tiered 

water pricing. Such a system shall specify rates for each district, agency or entity based on an 

inverted block rate structure with the following provisions:

(1) the first rate tier shall apply to a quantity of water up to 80 percent of the contract total 

and shall not be less than the applicable contract rate;

(2) the second rate tier shall apply to that quantity of water over 80 percent and under 90 

percent of the contract total and shall be at a level halfway between the rates established 

under paragraphs (1) and (3) of this subsection;

(3) the third rate tier shall apply to that quantity of water over 90 percent of the contract 

total and shall not be less than the full cost rate; and

(4) the Secretary shall charge contractors only for water actually delivered. The Secretary 

shall waive application of this subsection as it relates to any project water delivered to 

produce a crop which the Secretary determines will provide significant and quantifiable 

habitat values for water fowl in fields where the water is used and the crops are produced; 

Provided, That such waiver shall apply only if such habitat values can be assured consistent 

with the goals and objectives of this title through binding agreements executed with or 

approved by the Secretary.

(e) Water Conservation Standards.--The Secretary shall establish and administer an office on 

Central Valley Project water conservation best management practices that shall, in consultation 

with the Secretary of Agriculture, the California Department of Water Resources, California 

academic institutions, and Central Valley Project water users, develop criteria for evaluating the 

adequacy of all water conservation plans developed by project contractors, including those 

plans required by section 210 of the Reclamation Reform Act of 1982.

(1) Criteria developed pursuant to this subsection shall be established within six months 

following enactment of this title and shall be reviewed periodically thereafter, but no less 

than every three years, with the purpose of promoting the highest level of water use 

efficiency reasonably achievable by project contractors using best available cost-effective 

technology and best management practices. The criteria shall include, but not be limited to 

agricultural water suppliers' efficient water management practices developed pursuant to 

California State law or reasonable alternatives.

(2) The Secretary, through the office established under this subsection, shall review and 

evaluate within 18 months following enactment of this title all existing conservation plans 

submitted by project contractors to determine whether they meet the conservation and 

efficiency criteria established pursuant to this subsection.
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(3) In developing the water conservation best management practice criteria required by this 

subsection, the Secretary shall take into account and grant substantial deference to the 

recommendations for action specific to water conservation and drainage source reduction 

proposed in the Final Report of the San Joaquin Valley Drainage Program, entitled A 

Management Plan for Agricultural Subsurface Drainage and Related Problems on the 

Westside San Joaquin Valley (September 1990).

(f) Increased Revenues.--All revenues received by the Secretary as a result of the increased 

repayment rates applicable to water transferred from irrigation use to municipal and industrial 

use under subsection 3405(a) of this section, and all increased revenues received by the 

Secretary as a result of the increased water prices established under subsection 3405(d) of this 

section, shall be covered to the Restoration Fund.

Section 3406. Fish, Wildlife, Improved Water Management 

& Conservation

(a) Amendments to Central Valley Project Authorizations Act of August 26, 1937.--Section 2 of 

the Act of August 26, 1937 (chapter 832; 50 Stat. 850), as amended, is amended.

(1) In the second proviso of subsection (a), by inserting "and mitigation, protection, and 

restoration of fish and wildlife" after "Indian reservations,";

(2) In the last proviso of subsection (a), by striking "domestic uses;" and inserting "domestic 

uses and fish and wildlife mitigation, protection and restoration purposes;" and by striking 

"power" and inserting "power and fish and wildlife enhancement";

(3) By adding at the end the following: "The mitigation for fish and wildlife losses incurred 

as a result of construction, operation, or maintenance of the Central Valley Project shall be 

based on the replacement of ecologically equivalent habitat and shall take place in 

accordance with the provisions of this title and concurrent with any future actions which 

adversely affect fish and wildlife populations or their habitat but shall have no priority over 

them."; and,

(4) By adding at the end the following: "(e) Nothing in this title shall affect the State's 

authority to condition water rights permits for the Central Valley Project."

(b) Fish and Wildlife Restoration Activities.--The Secretary, immediately upon the enactment of 

this title, shall operate the Central Valley Project to meet all obligations under state and federal 

law, including but not limited to the federal Endangered Species Act, 16 U.S.C. s 1531, et seq., 

and all decisions of the California State Water Resources Control Board establishing conditions 

on applicable licenses and permits for the project. The Secretary, in consultation with other 

State and Federal agencies, Indian tribes, and affected interests, is further authorized and 

directed to:

(1) Develop within three years of enactment and implement a program which makes all 

reasonable efforts to ensure that, by the year 2002, natural production of anadromous fish 

in Central Valley rivers and streams will be sustainable, on a long-term basis, at levels not 

less than twice the average levels attained during the period of 1967-1991; Provided, That 

this goal shall not apply to the San Joaquin River between Friant Dam and the Mendota 

Pool, for which a separate program is authorized under subsection 3406(c) of this title; 

Provided further, That the programs and activities authorized by this section shall, when 

fully implemented, be deemed to meet the mitigation, protection, restoration, and 
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enhancement purposes established by subsection 3406(a) of this title; And provided 

further, That in the course of developing and implementing this program the Secretary shall 

make all reasonable efforts consistent with the requirements of this section to address other 

identified adverse environmental impacts of the Central Valley Project not specifically 

enumerated in this section.

(A) This program shall give first priority to measures which protect and restore natural 

channel and riparian habitat values through habitat restoration actions, modifications 

to Central Valley Project operations, and implementation of the supporting measures 

mandated by this subsection; shall be reviewed and updated every five years; and shall 

describe how the Secretary intends to operate the Central Valley Project to meet the 

fish, wildlife, and habitat restoration goals and requirements set forth in this title and 

other project purposes.

(B) As needed to achieve the goals of this program, the Secretary is authorized and 

directed to modify Central Valley Project operations to provide flows of suitable 

quality, quantity, and timing to protect all life stages of anadromous fish, except that 

such flows shall be provided from the quantity of water dedicated to fish, wildlife, and 

habitat restoration purposes under paragraph (2) of this subsection; from the water 

supplies acquired pursuant to paragraph (3) of this subsection; and from other sources 

which do not conflict with fulfillment of the Secretary's remaining contractual 

obligations to provide Central Valley Project water for other authorized purposes. 

Instream flow needs for all Central Valley Project controlled streams and rivers shall be 

determined by the Secretary based on recommendations of the U.S. Fish and Wildlife 

Service after consultation with the California Department of Fish and Game.

(C) The Secretary shall cooperate with the State of California to ensure that, to the 

greatest degree practicable, the specific quantities of yield dedicated to and managed 

for fish and wildlife purposes under this title are credited against any additional 

obligations of the Central Valley Project which may be imposed by the State of 

California following enactment of this title, including but not limited to increased flow 

and reduced export obligations which may be imposed by the California State Water 

Resources Control Board in implementing San Francisco Bay/Sacramento-San Joaquin 

Delta Estuary standards pursuant to the review ordered by the California Court of 

Appeals in U.S. v. State Water Resources Control Board, 182 Cal.App.3rd 82 (1986), 

and that, to the greatest degree practicable, the programs and plans required by this 

title are developed and implemented in a way that avoids inconsistent or duplicative 

obligations from being imposed upon Central Valley Project water and power 

contractors.

(D) Costs associated with this paragraph shall be reimbursable pursuant to existing 

statutory and regulatory procedures.

(2) Upon enactment of this title dedicate and manage annually 800,000 acre-feet of Central 

Valley Project yield for the primary purpose of implementing the fish, wildlife, and habitat 

restoration purposes and measures authorized by this title; to assist the State of California in 

its efforts to protect the waters of the San Francisco Bay/Sacramento-San Joaquin Delta 

Estuary; and to help meet such obligations as may be legally imposed upon the Central 

Valley Project under state or federal law following the date of enactment of this title, 

including but not limited to additional obligations under the federal Endangered Species 

Act. For the purpose of this section, the term "Central Valley Project yield" means the 
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delivery capability of the Central Valley Project during the 1928-1934 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 at the time of enactment of this 

title have been met.

(A) Such quantity of water shall be in addition to the quantities needed to implement 

paragraph 3406(d) (1) of this title and in addition to all water allocated pursuant to 

paragraph (23) of this subsection for release to the Trinity River for the purposes of 

fishery restoration, propagation, and maintenance; and shall be supplemented by all 

water that comes under the Secretary's control pursuant to subsections 3406(b) (3), 

3408(h) -(i), and through other measures consistent with subparagraph 3406(b) (1) (B) 

of this title.

(B) Such quantity of water shall be managed pursuant to conditions specified by the 

U.S. Fish and Wildlife Service after consultation with the Bureau of Reclamation and 

the California Department of Water Resources and in cooperation with the California 

Department of Fish and Game.

(C) The Secretary may temporarily reduce deliveries of the quantity of water dedicated 

under this paragraph up to 25 percent of such total whenever reductions due to 

hydrologic circumstances are imposed upon agricultural deliveries of Central Valley 

Project water; Provided, That such reductions shall not exceed in percentage terms the 

reductions imposed on agricultural service contractors; provided further, That nothing 

in this subsection or subsection 3406(e) shall require the Secretary to operate the 

project in a way that jeopardizes human health or safety.

(D) If the quantity of water dedicated under this paragraph, or any portion thereof, is 

not needed for the purposes of this section, based on a finding by the Secretary, the 

Secretary is authorized to make such water available for other project purposes.

(3) Develop and implement a program in coordination and in conformance with the plan 

required under paragraph (1) of this subsection for the acquisition of a water supply to 

supplement the quantity of water dedicated to fish and wildlife purposes under paragraph 

(2) of this subsection and to fulfill the Secretary's obligations under paragraph 3406(d) (2) 

of this title. The program should identify how the Secretary intends to utilize, in particular 

the following options: improvements in or modifications of the operations of the project; 

water banking; conservation; transfers; conjunctive use; and temporary and permanent land 

fallowing, including purchase, lease, and option of water, water rights, and associated 

agricultural land.

(4) Develop and implement a program to mitigate for fishery impacts associated with 

operations of the Tracy Pumping Plan. Such program shall include, but is not limited to 

improvement or replacement of the fish screens and fish recovery facilities and practices 

associated with the Tracy Pumping Plant. Costs associated with this paragraph shall be 

reimbursed in accordance with the following formula: 37.5 percent shall be reimbursed as 

main project features, 37.5 percent shall be considered a nonreimbursable Federal 

expenditure, and 25 percent shall be paid by the State of California. The reimbursable share 

of funding for this and other facility repairs, improvements, and construction shall be 

allocated among project water and power users in accordance with existing project cost 

allocation procedures.
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(5) Develop and implement a program to mitigate for fishery impacts resulting from 

operations of the Contra Costa Canal Pumping Plant No. 1. Such program shall provide for 

construction and operation of fish screening and recovery facilities, and for modified 

practices and operations. Costs associated with this paragraph shall be reimbursed in 

accordance with the following formula: 37.5 percent shall be reimbursed as main project 

features, 37.5 percent shall be considered a nonreimbursable Federal expenditure, and 25 

percent shall be paid by the State of California.

(6) Install and operate a structural temperature control device at Shasta Dam and develop 

and implement modifications in CVP operations as needed to assist in the Secretary's 

efforts to control water temperatures in the upper Sacramento River in order to protect 

anadromous fish in the upper Sacramento River. Costs associated with planning and 

construction of the structural temperature control device shall be reimbursed in accordance 

with the following formula: 37.5 percent shall be reimbursed as main project features, 37.5 

percent shall be considered a nonreimbursable Federal expenditure, and 25 percent shall be 

paid by the State of California.

(7) Meet flow standards and objectives and diversion limits set forth in all laws and judicial 

decisions that apply to Central Valley Project facilities, including, but not limited to, 

provisions of this title and all obligations of the United States under the "Agreement 

Between the United States and the Department of Water Resources of the State of 

California for Coordinated Operation of the Central Valley project and the State Water 

Project" dated May 20, 1985, as well as Pub. L. 99-546.

(8) Make use of short pulses of increased water flows to increase the survival of migrating 

anadromous fish moving into and through the Sacramento-San Joaquin Delta and Central 

Valley rivers and streams.

(9) Develop and implement a program to eliminate, to the extent possible, losses of 

anadromous fish due to flow fluctuations caused by the operation of any Central Valley 

Project storage or re-regulating facility. The program shall be patterned where appropriate 

after the agreement between the California Department of Water Resources and the 

California Department of Fish and Game with respect to the operation of the California 

State Water Project Oroville Dam complex.

(10) Develop and implement measures to minimize fish passage problems for adult and

juvenile anadromous fish at the Red Bluff Diversion Dam in a manner that provides for the 

use of associated Central Valley Project conveyance facilities for delivery of water to the 

Sacramento Valley National Wildlife Refuge complex in accordance with the requirements 

of subsection (d) of this section. Costs associated with implementation of this paragraph 

shall be reimbursed in accordance with the following formula: 37.5 percent shall be 

reimbursed as main project features, 37.5 percent shall be considered a nonreimbursable 

Federal expenditure, and 25 percent shall be paid by the State of California.

(11) Rehabilitate and expand the Coleman National Fish Hatchery by implementing the 

U.S. Fish and Wildlife Service's Coleman National Fish Hatchery Development Plan, and 

modify the Keswick Dam Fish Trap to provide for its efficient operation at all project flow 

release levels and modify the basin below the Keswick Dam spillway to prevent the 

trapping of fish. Costs associated with implementation of this paragraph shall be 

reimbursed in accordance with the following formula: 50 percent shall be reimbursed as 

main project features and 50 percent shall be considered a nonreimbursable Federal 

expenditure.
12

(12) Develop and implement a comprehensive program to provide flows to allow sufficient 

spawning, incubation, rearing, and outmigration for salmon and steelhead from 

Whiskeytown Dam as determined by instream flow studies conducted by the California 

Department of Fish and Game after Clear Creek has been restored and a new fish ladder 

has been constructed at the McCormick-Saeltzer Dam. Costs associated with channel 

restoration, passage improvements, and fish ladder construction required by this paragraph 

shall be allocated 50 percent to the United States as a nonreimbursable expenditure and 50 

percent to the State of California. Costs associated with providing the flows required by this 

paragraph shall be allocated among project purposes.

(13) Develop and implement a continuing program for the purpose of restoring and 

replenishing, as needed, spawning gravel lost due to the construction and operation of 

Central Valley Project dams, bank protection projects, and other actions that have reduced 

the availability of spawning gravel and rearing habitat in the Upper Sacramento River from 

Keswick Dam to Red Bluff Diversion Dam in the American and Stanislaus Rivers 

downstream from the Nimbus and Goodwin Dams, respectively. The program shall include 

preventive measures, such as re-establishment of meander belts and limitations on future 

bank protection activities, in order to avoid further losses of instream and riparian habitat. 

Costs associated with implementation of this paragraph shall be reimbursed in accordance 

with the following formula: 37.5 percent shall be reimbursed as main project features, 37.5 

percent shall be considered a nonreimbursable Federal expenditure, and 25 percent shall be 

paid by the State of California.

(14) Develop and implement a program which provides for modified operations and new or 

improved control structures at the Delta Cross Channel and Georgiana Slough during times 

when significant numbers of striped bass eggs, larvae, and juveniles approach the 

Sacramento River intake to the Delta Cross Channel or Georgiana Slough. Costs associated 

with implementation of this paragraph shall be reimbursed in accordance with the following 

formula: 37.5 percent shall be reimbursed as main project features, 37.5 percent shall be 

considered a nonreimbursable Federal expenditure, and 25 percent shall be paid by the 

State of California.

(15) Construct, in cooperation with the State of California and in consultation with local 

interests, a barrier at the head of Old River in the Sacramento-San Joaquin Delta to be 

operated on a seasonal basis to increase the survival of young outmigrating salmon that are 

diverted from the San Joaquin River to Central Valley Project and State Water Project 

pumping plants and in a manner that does not significantly impair the ability of local 

entities to divert water. The costs associated with implementation of this paragraph shall be 

reimbursed in accordance with the following formula: 37.5 percent shall be reimbursed as 

main project features, 37.5 percent shall be considered a nonreimbursable Federal 

expenditure, and 25 percent shall be paid by the State of California.

(16) Establish, in cooperation with independent entities and the State of California, a 

comprehensive assessment program to monitor fish and wildlife resources in the Central 

Valley to assess the biological results and effectiveness of actions implemented pursuant to 

this subsection. 37.5 percent of the costs associated with implementation of this paragraph 

shall be reimbursed as main project features, 37.5 percent shall be considered a 

nonreimbursable Federal expenditure, and 25 percent shall be paid by the State of 

California.
13

(17) Develop and implement a program to resolve fishery passage problems at the 

Anderson-Cottonwood Irrigation District Diversion Dam as well as upstream stranding 

problems related to Anderson-Cottonwood Irrigation District Diversion Dam operations. 

Costs associated with implementation of this paragraph shall be allocated 50 percent to the 

United States as a nonreimbursable expenditure and 50 percent to the State of California.

(18) If requested by the State of California, assist in developing and implementing 

management measures to restore the striped bass fishery of the Bay-Delta estuary. Such 

measures shall be coordinated with efforts to protect and restore native fisheries. Costs 

associated with implementation of this paragraph shall be allocated 50 percent to the United 

States and 50 percent to the State of California. The United States' share of costs associated 

with implementation of this paragraph shall be nonreimbursable.

(19) Reevaluate existing operational criteria in order to maintain minimum carryover storage 

at Sacramento and Trinity River reservoirs to protect and restore the anadromous fish of 

the Sacramento and Trinity Rivers in accordance with the mandates and requirements of 

this subsection and subject to the Secretary's responsibility to fulfill all project purposes, 

including agricultural water delivery.

(20) Participate with the State of California and other federal agencies in the 

implementation of the on-going program to mitigate fully for the fishery impacts associated 

with operations of the Glenn-Colusa Irrigation District's Hamilton City Pumping Plant. 

Such participation shall include replacement of the defective fish screens and fish recovery 

facilities associated with the Hamilton City Pumping Plant. This authorization shall not be 

deemed to supersede or alter existing authorizations for the participation of other federal 

agencies in the mitigation program. Seventy-five percent shall be considered a 

nonreimbursable Federal expenditure, and 25 percent shall be paid by the State of 

California.

(21) Assist the State of California in efforts to develop and implement measures to avoid 

losses of juvenile anadromous fish resulting from unscreened or inadequately screened 

diversions on the Sacramento and San Joaquin rivers, their tributaries, the Sacramento-San 

Joaquin Delta, and the Suisun Marsh. Such measures shall include but shall not be limited 

to construction of screens on unscreened diversions, rehabilitation of existing screens, 

replacement of existing non-functioning screens, and relocation of diversions to less 

fishery-sensitive areas. The Secretary's share of costs associated with activities authorized 

under this paragraph shall not exceed 50 percent of the total cost of any such activity.

(22) Provide such incentives as the Secretary determines to be appropriate or necessary, 

consistent with the goals and objectives of this title, to encourage farmers to participate in a 

program, which the Secretary shall develop, under which such farmers will keep fields 

flooded during appropriate time periods for the purposes of waterfowl habitat creation and 

maintenance and for Central Valley Project yield enhancement; Provided, That such 

incentives shall not exceed $2,000,000 annually, either directly or through credits against 

other contractual payment obligations, including the pricing waivers authorized under 

subsection 3405(d) of this title; Provided further, That the holder of the water contract 

shall pass such incentives through to farmers participating in the program, less reasonable 

contractor costs, if any; And provided further, That such water may be transferred subject 

to section 3405(a) of this title only if the farmer waives all rights to such incentives. This 

provision shall terminate by the year 2002.
14

(23) In order to meet Federal trust responsibilities to protect the fishery resources of the 

Hoopa Valley Tribe, and to meet the fishery restoration goals of the Act of October 24, 

1984, Pub. L. 98-541, provide through the Trinity River Division, for water years 1992 

through 1996, an instream release of water to the Trinity River of not less than 340,000 

acre-feet per year for the purposes of fishery restoration, propagation, and maintenance 

and,

(A) By September 30, 1996, the Secretary, after consultation with the Hoopa Valley 

Tribe, shall complete the Trinity River Flow Evaluation Study currently being 

conducted by the U.S. Fish and Wildlife Service under the mandate of the Secretarial 

Decision of January 14, 1981, in a manner which insures the development of 

recommendations, based on the best available scientific data, regarding permanent 

instream fishery flow requirements and Trinity River Division operating criteria and 

procedures for the restoration and maintenance of the Trinity River fishery; and

(B) Not later than December 31, 1996, the Secretary shall forward the 

recommendations of the Trinity River Flow Evaluation Study, referred to in 

subparagraph (A) of this paragraph, to the Committee on Energy and Natural 

Resources and the Select Committee on Indian Affairs of the Senate and the 

Committee on Interior and Insular Affairs and the Committee on Merchant Marine 

and Fisheries of the House of Representatives. If the Secretary and the Hoopa Valley 

Tribe concur in these recommendations, any increase to the minimum Trinity River 

instream fishery releases established under this paragraph and the operating criteria and 

procedures referred to in subparagraph (A) shall be implemented accordingly. If the 

Hoopa Valley Tribe and the Secretary do not concur, the minimum Trinity River 

instream fishery releases established under this paragraph shall remain in effect unless 

increased by an Act of Congress, appropriate judicial decree, or agreement between the 

Secretary and the Hoopa Valley Tribe. Costs associated with implementation of this 

paragraph shall be reimbursable as operation and maintenance expenditures pursuant 

to existing law.

If the Secretary and the State of California determine that long-term natural fishery 

productivity in all Central Valley Project controlled rivers and streams resulting from 

implementation of this section exceeds that which existed in the absence of Central 

Valley Project facilities, the costs of implementing those measures which are 

determined to provide such enhancement shall become credits to offset reimbursable 

costs associated with implementation of this subsection.

(c) San Joaquin and Stanislaus Rivers.--The Secretary shall, by not later than September 30, 

1996:

(1) Develop a comprehensive plan, which is reasonable, prudent, and feasible, to address 

fish, wildlife, and habitat concerns on the San Joaquin River, including but not limited to 

the streamflow, channel, riparian habitat, and water quality improvements that would be 

needed to reestablish where necessary and to sustain naturally reproducing anadromous 

fisheries from Friant Dam to its confluence with the San Francisco Bay/Sacramento-San 

Joaquin Delta Estuary. Such plan shall be developed in cooperation with the California 

Department of Fish and Game and in coordination with the San Joaquin River 

Management Program under development by the State of California; shall comply with and 

contain any documents required by the National Environmental Policy Act and contain 

findings setting forth the basis for the Secretary's decision to adopt and implement the plan 
15

as well as recommendations concerning the need for subsequent Congressional action, if 

any; and shall incorporate, among other relevant factors, the potential contributions of 

tributary streams as well as the alternatives to be investigated under paragraph (2) of this 

subsection. During the time that the Secretary is developing the plan provided for in this 

subsection, and until such time as Congress has authorized the Secretary to implement such 

plan, with or without modifications, the Secretary shall not, as a measure to implement this 

title, make releases for the restoration of flows between Gravelly Ford and the Mendota 

Pool and shall not thereafter make such releases as a measure to implement this title 

without a specific Act of Congress authorizing such releases. In lieu of such requirement, 

and until such time as flows of sufficient quantity, quality and timing are provided at and 

below Gravelly Ford to meet the anadromous fishery needs identified pursuant to such 

plan, if any, entities who receive water from the Friant Division of the Central Valley 

Project shall be assessed, in addition to all other applicable charges, a $4.00 per acre-foot 

surcharge for all Project water delivered on or before September 30, 1997; a $5.00 per acrefoot surcharge for all Project water delivered after September 30, 1997 but on or before 

September 30, 1999; and a $7.00 per acre-foot surcharge for all Project water delivered 

thereafter, to be covered into the Restoration Fund.

(2) In the course of preparing the Stanislaus River Basin and Calaveras River Water Use 

Program Environmental Impact Statement and in consultation with the State of California, 

affected counties, and other interests, evaluate and determine existing and anticipated future 

basin needs in the Stanislaus River Basin. In the course of such evaluation, the Secretary 

shall investigate alternative storage, release, and delivery regimes, including but not limited 

to conjunctive use operations, conservation strategies, exchange arrangements, and the use 

of base and channel maintenance flows, in order to best satisfy both basin and out-of-basin 

needs consistent, on a continuing basis, with the limitations and priorities established in the 

Act of October 23, 1962 (76 Stat. 173). For the purposes of this subparagraph, "basin 

needs" shall include water supply for agricultural, municipal and industrial uses, and 

maintenance and enhancement of water quality, and fish and wildlife resources within the 

Stanislaus River Basin as established by the Secretary's June 29, 1981 Record of Decision; 

and "out-of-basin" needs shall include all such needs outside of the Stanislaus River Basin, 

including those of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary and those 

of the San Joaquin River under paragraph (1) of this subsection.

(d) Central Valley Refuges and Wildlife Habitat Areas.--In support of the objectives of the 

Central Valley Habitat Joint Venture and in furtherance of the purposes of this title, the 

Secretary shall provide, either directly or through contractual agreements with other appropriate 

parties, firm water supplies of suitable quality to maintain and improve wetland habitat areas on 

units of the National Wildlife Refuge System in the Central Valley of California; on the Gray 

Lodge, Los Banos, Volta, North Grasslands, and Mendota state wildlife management areas; and 

on the Grasslands Resources Conservation District in the Central Valley of California.

(1) Upon enactment of this title, the quantity and delivery schedules of water measured at 

the boundaries of each wetland habitat area described in this paragraph shall be in 

accordance with Level 2 of the "Dependable Water Supply Needs" table for those habitat 

areas as set forth in the Refuge Water Supply Report and two-thirds of the water supply 

needed for full habitat development for those habitat areas identified in the San Joaquin 

Basin Action Plan/Kesterson Mitigation Action Plan Report prepared by the Bureau of 

Reclamation. Such water shall be provided through long-term contractual agreements with 

appropriate parties and shall be supplemented by the increment of water provided for in 
16

paragraph (1) of this subsection; Provided, That the Secretary shall be obligated to provide 

such water whether or not such long-term contractual agreements are in effect. In 

implementing this paragraph, the Secretary shall endeavor to diversify sources of supply in 

order to minimize possible adverse effects upon Central Valley Project contractors.

(2) Not later than ten years after enactment of this title, the quantity and delivery schedules 

of water measured at the boundaries of each wetland habitat area described in this 

paragraph shall be in accordance with Level 4 of the "Dependable Water Supply Needs" 

table for those habitat areas as set forth in the Refuge Water Supply Report and the full 

water supply needed for full habitat development for those habitat areas identified in the 

San Joaquin Basin Action Plan/Kesterson Mitigation Action Plan Report prepared by the 

Bureau of Reclamation. The quantities of water required to supplement the quantities 

provided under paragraph (1) of this subsection shall be acquired by the Secretary in 

cooperation with the State of California and in consultation with the Central Valley Habitat 

Joint Venture and other interests in cumulating increments of not less than ten percent per 

annum through voluntary measures which include water conservation, conjunctive use, 

purchase, lease, donations, or similar activities, or a combination of such activities which do 

not require involuntary reallocations of project yield.

(3) All costs associated with implementation of paragraph (1) of this subsection shall be 

reimbursable pursuant to existing law. Incremental costs associated with implementation of 

paragraph (2) of this subsection shall be fully allocated in accordance with the following 

formula: 75 percent shall be deemed a nonreimbursable Federal expenditure; and 25 

percent shall be allocated to the State of California for recovery through direct 

reimbursements or through equivalent in-kind contributions.

(4) The Secretary may temporarily reduce deliveries of the quantity of water dedicated under 

paragraph (1) of this subsection up to 25 percent of such total whenever reductions due to 

hydrologic circumstances are imposed upon agricultural deliveries of Central Valley Project 

water; Provided, That such reductions shall not exceed in percentage terms the reductions 

imposed on agricultural service contractors. For the purpose of shortage allocation, the 

priority or priorities applicable to the increment of water provided under paragraph (2) of 

this subsection shall be the priority or priorities which applied to the water in question prior 

to its transfer to the purpose of providing such increment.

(5) The Secretary is authorized and directed to construct or to acquire from non-Federal 

entities such water conveyance facilities, conveyance capacity, and wells as are necessary to 

implement the requirements of this subsection; Provided, That such authorization shall not 

extend to conveyance facilities in or around the Sacramento-San Joaquin Delta Estuary. 

Associated construction or acquisition costs shall be reimbursable pursuant to existing law 

in accordance with the cost allocations set forth in paragraph (3) of this subsection.

(6) The Secretary, in consultation with the State of California, the Central Valley Habitat 

Joint Venture, and other interests, shall investigate and report on the following 

supplemental actions by not later than September 30, 1997:

(A) Alternative means of improving the reliability and quality of water supplies 

currently available to privately owned wetlands in the Central Valley and the need, if 

any, for additional supplies; and

(B) Water supply and delivery requirements necessary to permit full habitat 

development for water dependent wildlife on 120,000 acres supplemental to the 
17

existing wetland habitat acreage identified in Table 8 of the Central Valley Habitat 

Joint Venture's "Implementation Plan" dated April 19, 1990, as well as feasible means 

of meeting associated water supply requirements.

(e) Supporting Investigations.--Not later than five years after the date of enactment of this title, 

the Secretary shall investigate and provide recommendations to the Committee on Energy and 

Natural Resources of the Senate and the Committees on Interior and Insular Affairs and 

Merchant Marine and Fisheries of the House on the feasibility, costs, and desirability of 

developing and implementing each of the following, including, but not limited to, the impact on 

the project, its users, and the State of California:

(1) Measures to maintain suitable temperatures for anadromous fish survival in the 

Sacramento and San Joaquin rivers and their tributaries, and the Sacramento-San Joaquin 

Delta by controlling or relocating the discharge of irrigation return flows and sewage 

effluent, and by restoring riparian forests;

(2) Opportunities for additional hatchery production to mitigate the impacts of water 

development and operations on, or enhance efforts to increase Central Valley fisheries; 

Provided, That additional hatchery production shall only be used to supplement or to reestablish natural production while avoiding adverse effects on remaining wild stocks;

(3) Measures to eliminate barriers to upstream and downstream migration of salmonids in 

the Central Valley, including but not limited to screening programs, barrier removal 

programs and programs for the construction or rehabilitation of fish ladders on tributary 

streams;

(4) Installation and operation of temperature control devices at Trinity Dam and Reservoir 

to assist in the Secretary's efforts to conserve cold water for fishery protection purposes;

(5) Measures to provide for modified operations and new or improved control structures at 

the Delta Cross Channel and Georgiana Slough to assist in the successful migration of 

anadromous fish; and

(6) Other measures which the Secretary determines would protect, restore, and enhance 

natural production of salmon and steel-head trout in tributary streams of the Sacramento 

and San Joaquin Rivers, including but not limited to the Merced, Mokelumne, and Calaveras 

Rivers and Battle, Butte, Deer, Elder, Mill, and Thomes Creeks.

(f) Report of Project Fishery Impacts.--The Secretary, in consultation with the Secretary of 

Commerce, the State of California, appropriate Indian tribes, and other appropriate public and 

private entities, shall investigate and report on all effects of the Central Valley Project on 

anadromous fish populations and the fisheries, communities, tribes, businesses and other 

interests and entities that have now or in the past had significant economic, social or cultural 

association with those fishery resources. The Secretary shall provide such report to the 

Committee on Energy and Natural Resources of the Senate and the Committees on Interior 

and Insular Affairs and Merchant Marine and Fisheries of the House of Representatives not 

later than two years after the date of enactment of this title.

(g) Ecosystem and Water System Operations Models.--The Secretary, in cooperation with the 

State of California and other relevant interests and experts, shall develop readily usable and 

broadly available models and supporting data to evaluate the ecologic and hydrologic effects of 

existing and alternative operations of public and private water facilities and systems in the 

Sacramento, San Joaquin, and Trinity River watersheds. The primary purpose of this effort shall 
18

be to support the Secretary's efforts in fulfilling the requirements of this title through improved 

scientific understanding concerning, but not limited to, the following:

(1) A comprehensive water budget of surface and groundwater supplies, considering all 

sources of inflow and outflow available over extended periods;

(2) Related water quality conditions and improvement alternatives, including improved 

temperature prediction capabilities as they relate to storage;

(3) Surface-ground and stream-wetland interactions;

(4) Measures needed to restore anadromous fisheries to optimum and sustainable levels in 

accordance with the restored carrying capacities of Central Valley rivers, streams, and 

riparian habitats;

(5) Development and use of base flows and channel maintenance flows to protect and 

restore natural channel and riparian habitat values;

(6) Implementation of operational regimes at State and Federal facilities to increase 

springtime flow releases, retain additional floodwaters, and assist in restoring both upriver 

and downriver riparian habitats;

(7) Measures designed to reach sustainable harvest levels of resident and anadromous fish, 

including development and use of systems of tradeable harvest rights;

(8) Opportunities to protect and restore wetland and upland habitats throughout the 

Central Valley;

(9) Measures to enhance the firm yield of existing Central Valley Project facilities, including 

improved management and operations, conjunctive use opportunities, development of 

offstream storage, levee setbacks, and riparian restoration.

All studies and investigations shall take into account and be fully consistent with the fish, 

wildlife, and habitat protection and restoration measures required by this title or by any 

other state or federal law. Seventy-five percent of the costs associated with implementation 

of this subsection shall be borne by the United States as a nonreimbursable cost; the 

remaining 25 percent shall be borne by the State of California.

(h) The Secretary shall enter into a binding cost-share agreement with the State of California 

with respect to the timely reimbursement of costs allocated to the State in this title. Such 

agreement shall provide for consideration of the value of direct reimbursements, specific 

contributions to the Restoration Fund, and water, conveyance capacity, or other contributions 

in-kind that would supplement existing programs and that would, as determined by the 

Secretary, materially contribute to attainment of the goals and objectives of this title.

Section 3407. Restoration Fund

(a) Restoration Fund Established.--There is hereby established in the Treasury of the United 

States the "Central Valley Project Restoration Fund" (hereafter "Restoration Fund") which 

shall be available for deposit of donations from any source and revenues provided under 

sections 3404(c) (3), 3405(f), 3406(c) (1), and 3407(d) of this title. Amounts deposited shall be 

credited as offsetting collections. Not less than 67 percent of all funds made available to the 

Restoration Fund under this title are authorized to be appropriated to the Secretary to carry out 

the habitat restoration, improvement and acquisition (from willing sellers) provisions of this 
19

title. Not more than 33 percent of all funds made available to the Restoration Fund under this 

title are authorized to be appropriated to the Secretary to carry out the provisions of paragraphs 

3406(b) (4)-(6), (10)-(18), and (20)-(22) of this title. Monies donated to the Restoration Fund by 

non-Federal entities for specific purposes shall be expended for those purposes only and shall 

not be subject to appropriation.

(b) Authorization of Appropriations.--Such sums as are necessary, up to $50,000,000 per year 

(October 1992 price levels), are authorized to be appropriated to the Secretary to be derived 

from the Restoration Fund to carry out programs, projects, plans, and habitat restoration, 

improvement, and acquisition provisions of this title. Any funds paid into the Restoration Fund 

by Central Valley Project water and power contractors and which are also used to pay for the 

projects and facilities set forth in section 3406(b), shall act as an offset against any water and 

power contractor cost share obligations that are otherwise provided for in this title.

(c) Mitigation and Restoration Payments by Water and Power Beneficiaries.—

(1) To the extent required in appropriation Acts, the Secretary shall assess and collect 

additional annual mitigation and restoration payments, in addition to the charges provided 

for or collected under sections 3404(c) (3), 3405(a) (1) (C), 3405(f), and 3406(c) (1) of this 

title, consisting of charges to direct beneficiaries of the Central Valley Project under 

subsection (d) of this section in order to recover a portion or all of the costs of fish, wild 

fish, and habitat restoration programs and projects under this title.

(2) The payment described in this subsection shall be established at amounts that will result 

in collection, during each fiscal year, of an amount that can be reasonably expected to equal 

the amount appropriated each year, subject to subsection (d) of this section, and in 

combination with all other receipts identified under this title, to carry out the purpose 

identified in subsection (b) of this section; Provided, That, if the total amount appropriated 

under subsection (b) of this section; Provided, That, if the total amount appropriated under 

subsection (b) of this section for the fiscal years following enactment of this title does not 

equal $50,000,000 per year (October 1992 price levels) on an average annual basis, the 

Secretary shall impose such charges in fiscal year 1998 and in each fiscal year thereafter, 

subject to the limitations in subsection (d) of this section, as may be required to yield in 

fiscal year 1998 and in each fiscal year thereafter total collections equal to $50,000,000 per 

year (October 1992 price levels) on a three-year rolling average basis for each fiscal year 

that follows enactment of this title.

(d) Adjustment and Assessment of Mitigation and Restoration Payments.—

(1) In assessing the annual payments to carry out subsection (c) of this section, the 

Secretary shall, prior to each fiscal year, estimate the amount that could be collected in each 

fiscal year pursuant to subparagraphs 2(A) and (B) of this subsection. The Secretary shall 

decrease all such payments on a proportionate basis from amounts contained in the 

estimate so that an aggregate amount is collected pursuant to the requirements of paragraph 

(c) (2) of this section.

(2) The Secretary shall assess and collect the following mitigation and restoration payments, 

to be covered to the Restoration Fund, subject to the requirements of paragraph (1) of this 

subsection:

(A) The Secretary shall require Central Valley Project water and power contractors to 

make such additional annual payments as are necessary to yield, together with all other 
20

receipts, the amount required under paragraph (c) (2) of this subsection; Provided, 

That such additional payments shall not exceed $30,000,000 (October 1992 price 

levels) on a three-year rolling average basis; Provided further, That such additional 

annual payments shall be allocated so as not to exceed $6.00 per acre-foot (October 

1992 price levels) for agricultural water sold and delivered by the Central Valley 

Project, and $12.00 per acre-foot (October 1992 price levels) for municipal and 

industrial water sold and delivered by the Central Valley Project;

Provided further, that the charge imposed on agricultural water shall be reduced, if 

necessary, to an amount within the probable ability of the water users to pay as 

determined and adjusted by the Secretary no less than every five years, taking into 

account the benefits resulting from implementation of this title; Provided further, That

the Secretary shall impose an additional annual charge of $25.00 per acre-foot 

(October 1992 price levels) for Central Valley Project water sold or transferred to any 

State or local agency or other entity which has not previously been a Central Valley 

Project customer and which contracts with the Secretary or any other individual or 

district receiving Central Valley Project water to purchase or otherwise transfer any 

such water for its own use for municipal and industrial purposes, to be deposited in 

the Restoration Fund; And Provided further, That upon the completion of the fish, 

wildlife, and habitat mitigation and restoration actions mandated under section 3406 of 

this title, the Secretary shall reduce the sums described in paragraph (c) (2) of this 

section to $35,000,000 per year (October 1992 price levels) and shall reduce the 

annual mitigation and restoration payment ceiling established under this subsection to 

$15,000,000 (October 1992 price levels) on a three-year rolling average basis. The 

amount of the mitigation and restoration payment made by Central Valley Project 

water and power users, taking into account all funds collected under this title, shall, to 

the greatest degree practicable, be assessed in the same proportion, measured over a 

ten-year rolling average, as water and power users' respective allocations for repayment 

of the Central Valley Project.

(e) Funding to Non-Federal Entities.--If the Secretary determines that the State of California or 

an agency or subdivision thereof, an Indian tribe, or a non-profit entity concerned with 

restoration, protection, or enhancement of fish, wildlife, habitat, or environmental values is able 

to assist in implementing any action authorized by this title in an efficient, timely, and cost 

effective manner, the Secretary is authorized to provide funding to such entity on such terms 

and conditions as he deems necessary to assist in implementing the identified action.

(f) Restoration Fund Financial Reports.--The Secretary shall, not later than the first full fiscal 

year after enactment of this title, and annually thereafter, submit a detailed report to the 

Committee on Energy and Natural Resources and the Committee on Appropriations of the 

Senate, and the Committee on Interior and Insular Affairs, the Committee on Merchant Marine 

and Fisheries, and the Committee on Appropriations of the House of Representatives. Such 

report shall describe all receipts to and uses made of monies within the Restoration Fund and 

the Restoration Account during the prior fiscal year and shall include the Secretary's projection 

with respect to receipts to and uses to be made of the finds during the next upcoming fiscal 

year.
21

Section 3408. Additional Authorities

(a) Regulations and Agreements Authorized.--The Secretary is authorized and directed to 

promulgate such regulations and enter into such agreements as may be necessary to implement 

the intent, purposes and provisions of this title.

(b) Use of Electrical Energy.--Electrical energy used to operate and maintain facilities 

developed for fish and wildlife purposes pursuant to this title, including that used for 

groundwater development, shall be deemed as Central Valley Project power and shall, if 

reimbursable, be repaid in accordance with Reclamation law at a price not higher than the 

lowest price paid by or charged to other Central Valley Project contractors.

(c) Contracts for Additional Storage and Delivery of Water.--The Secretary is authorized to 

enter into contracts pursuant to Reclamation law and this title with any Federal agency, 

California water user or water agency, State agency, or private non-profit organization for the 

exchange, impoundment, storage, carriage, and delivery of Central Valley Project and nonproject water for domestic, municipal, industrial, fish and wildlife, and any other beneficial 

purpose, except that nothing in this subsection shall be deemed to supersede the provisions of 

section 103 of Pub. L. 99-546 (100 Stat. 3051).

(d) Use of Project Facilities for Water Banking.--The Secretary, in consultation with the State of 

California, is authorized to enter into agreements to allow project contracting entities to use 

project facilities, where such facilities are not otherwise committee or required to fulfill project 

purposes or other Federal obligations, for supplying carry-over storage of irrigation and other 

water for drought protection, multiple-benefit credit-storage operations, and other purposes. 

The use of such water shall be consistent with and subject to State law. All or a portion of the 

water provided for fish and wildlife under this title may be banked for fish and wildlife 

purposes in accordance with this subsection.

(e) Limitation on Construction.--This title does not and shall not be interpreted to authorize 

construction of water storage facilities, nor shall it limit the Secretary's ability to participate in 

water banking or conjunctive use programs.

(f) Annual Reports to Congress.--Not later than September 30 of each calendar year after the 

date of enactment of this title, the Secretary shall submit a detailed report to the Committee on 

Energy and Natural Resources of the Senate and the committee on Interior and Insular Affairs 

and the Committee on Merchant Marine and Fisheries of the House of Representatives. Such 

report shall describe all significant actions taken by the Secretary pursuant to this title and 

progress toward achievement of the intent, purposes and provisions of this title. Such report 

shall include recommendations for authorizing legislation or other measures, if any, needed to 

implement the intent, purposes and provisions of this title.

(g) Reclamation Law.--This title shall amend and supplement the Act of June 17, 1902, and 

Acts supplementary thereto and amendatory thereof.

(h) Land Retirement.—

(1) The Secretary is authorized to purchase from willing sellers land and associated water 

rights and other property interests identified in paragraph (h) (2) which receives Central 

Valley Project water under a contract executed with the United States, and to target such 

purchases to areas deemed most beneficial to the overall purchase program, including the 

purposes of this title.
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(2) The Secretary is authorized to purchase, under the authority of paragraph (h) (i), and 

pursuant to such rules and regulations as may be adopted or promulgated to implement the 

provisions of this subsection, agricultural land which, in the opinion of the Secretary –

(A) would, if permanently retired from irrigation, improve water conservation by a 

district, or improve the quality of an irrigation district's agricultural wastewater and 

assist the district in implementing the provisions of a water conservation plan 

approved under section 210 of the Reclamation Reform Act of 1982 and agricultural 

wastewater management activities developed pursuant to recommendations specific to 

water conservation, drainage source reduction, and land retirement contained in the 

final report of the San Joaquin Valley Drainage Program (September, 1990) ; or

(B) are no longer suitable for sustained agricultural production because of permanent 

damage resulting from severe drainage or agricultural wastewater management 

problems, groundwater withdrawals, or other causes.

(i) Water Conservation.—

(1) The Secretary is authorized to undertake, in cooperation with Central Valley Project 

irrigation contractors, water conservation projects or measures needed to meet the 

requirements of this title. The Secretary shall execute a cost-sharing agreement for any such 

project or measure undertaken. Under such agreement, the Secretary is authorized to pay up 

to 100 percent of the costs of such projects or measures. Any water saved by such projects 

or measures shall be governed by the conditions of subparagraph 3405(a) (1) (A) and (J) of 

this title, and shall be made available to the Secretary in proportion to the Secretary's 

contribution to the total cost of such project or measure. Such water shall be used by the 

Secretary to meet the Secretary's obligations under this title, including the requirements of 

paragraph 3406(b) (3). Such projects or measures must be implemented fully by September 

30, 1999.

(2) There are authorized to be appropriated through the end of fiscal year 1998 such sums 

as may be necessary to carry out the provisions of this subsection. Funds appropriated 

under this subsection shall be nonreimbursable Federal expenditure.

(j) Project Yield Increase.--In order to minimize adverse effects, if any, upon existing Central 

Valley Project water contractors resulting from the water dedicated to fish and wildlife under 

this title, and to assist the State of California in meeting its future water needs, the Secretary 

shall, not later than three years after the date of enactment of this title, develop and submit to 

the Congress, a least-cost plan to increase, within fifteen years after the date of enactment of 

this title, the yield of the Central Valley Project by the amount dedicated to fish and wildlife 

purposes under this title. The plan authorized by this subsection shall include, but shall not be 

limited to a description of how the Secretary intends to use the following options:

(1) Improvements in, modification of, or additions to the facilities and operations of the 

project;

(2) Conservation;

(3) Transfers;

(4) Conjunctive use;

(5) Purchase of water;
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(6) Purchase and idling of agricultural land; and

(7) Direct purchase of water rights.

Such plan shall include recommendations on appropriate cost-sharing arrangements and 

shall be developed in a manner consistent with all applicable State and Federal law.

(k) Except as specifically provided in this title, nothing in this title is intended to alter the terms 

of any final judicial decree confirming or determining water rights.

Section 3409. Environmental Review

Not later than three years after the date of enactment of this title, the Secretary shall prepare and 

complete a programmatic environmental impact statement pursuant to the National Environmental 

Policy Act analyzing the direct and indirect impacts and benefits of implementing this title, including 

all fish, wildlife, and habitat restoration actions and the potential renewal of all existing Central 

Valley Project water contracts. Such statement shall consider impacts and benefits within the 

Sacramento, San Joaquin, and Trinity River basins, and the San Francisco Bay/Sacramento-San 

Joaquin River Delta Estuary. The cost of the environmental impact statement described in this 

section shall be treated as a capital expense in accordance with Reclamation law.

Section 3410. Authorization of Appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the provisions 

of this title. Funds appropriated under this title shall remain available until expended without fiscal 

year limitation.

Section 3411. Compliance with State Water Law & 

Coordination Operations Agreement

(a) Notwithstanding any other provision of this title, the Secretary shall, prior to the reallocation 

of water from any purpose of use or place of use specified within applicable Central Valley 

Project water rights permits and licenses to a purpose of use or place of use not specified within 

said permits or licenses, obtain a modification in those permits and licenses, in a manner 

consistent with the provisions of applicable State law, to allow such change in purpose of use or 

place of use.

(b) The Secretary, in the implementation of the provisions of this title, shall fully comply with 

the United States' obligations as set forth in the "Agreement Between the United States of 

America and the Department of Water Resources of the State of California for Coordinated 

Operation of the Central Valley Project and the State Water Project: dated May 20, 1985, and 

the provisions of Pub. L. 99-546; and shall take no action which shifts an obligation that 

otherwise should be borne by the Central Valley Project to any other lawful water rights 

permittee or licensee.

Section 3412. Extension of the Tehama-Colusa Canal 

Service Area

The first paragraph of section 2 of the Act of September 26, 1950 (64 Stat. 1036), as amended by the 

Act of August 19, 1967 (81 Stat. 167), and the Act of December 22, 1980 (94 Stat. 3339), authorizing 
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the Sacramento Valley Irrigation Canals, Central Valley Project, California, is further amended by 

striking "Tehama, Glenn, and Colusa Counties, and those portions of Yolo County within the 

boundaries of the Colusa County, Dunnigan, and Yolo-Zamora water districts or" and inserting 

"Tehama, Glenn, Colusa, Solano, and Napa Counties, those portions of Yolo County within the 

boundaries of Colusa Water District, Dunnigan Water-District, Yolo-Zamora Water District, and 

Yolo County Flood Control and Water Conservation District, or".