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Public Law 102-575

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 non-project 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 
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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.

(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 
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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;

(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 
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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 

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”.