I 

113TH CONGRESS 

1ST SESSION H. R. 1927 

To provide congressional direction for implementation of the Endangered 

Species Act as it relates to operation of the Central Valley Project 

and the California State Water Project and for water relief in the 

State of California. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2013 

Mr. COSTA introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To provide congressional direction for implementation of the 

Endangered Species Act as it relates to operation of 

the Central Valley Project and the California State 

Water Project and for water relief in the State of California. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘More Water and Secu5 rity for Californians Act’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

HR 1927 IH

1 SEC. ll. COMPLIANCE WITH ENDANGERED SPECIES ACT 

2 OF 1973. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) The economy of the San Joaquin Valley in 

5 California is predominantly based on irrigated agri6 culture served water to the Westside and southern 

7 end of the San Joaquin Valley by— 

8 (A) the Central Valley Project; and 

9 (B) the California State Water Project. 

10 (2) The quantity of water available for irrigated 

11 agriculture in these areas of the San Joaquin Valley 

12 served by the Central Valley Project and the Cali13 fornia State Water Project has been reduced signifi14 cantly as a result of restrictions placed on the oper15 ations of the Central Valley Project and the Cali16 fornia State Water Project under the Endangered 

17 Species Act of 1973 (16 U.S.C. 1531 et seq.). 

18 (3) California’s San Joaquin Valley is one of 

19 the most fertile agricultural regions in the world, 

20 and produces more than 250 different crops with an 

21 estimated value of $17,000,000,000 per year, sup22 plying about 8 percent of United States agricultural 

23 production and approximately 40 percent of the Na24 tion’s fruits and vegetables on less than 1 percent of 

25 United States farmland. Crops grown in the San 

26 Joaquin Valley are exported to 100 countries around 


jbell on DSK7SPTVN1PROD with BILLS
3 

HR 1927 IH

1 the world. The San Joaquin Valley is an essential 

2 source of food supplies for the United States and the 

3 world. 

4 (4) Water supply shortages resulting from regu5 latory restrictions on the operations of the Central 

6 Valley Project and the California State Water 

7 Project have greatly exacerbated the economic reces8 sion and contributed to an economic crisis in the 

9 San Joaquin Valley. 

10 (5)(A) More than 400,000 acres of highly pro11 ductive farmland in the San Joaquin Valley were 

12 fallowed in 2009. 

13 (B) Unemployment rates in small rural commu14 nities in the San Joaquin Valley remain over 25 per15 cent. 

16 (C) Food banks throughout the San Joaquin 

17 Valley face unprecedented demand from unemployed 

18 residents. 

19 (6) Any water not captured and stored by the 

20 Central Valley Project and the California State 

21 Water Project is water that could have been used to 

22 sustain irrigated agriculture and the many busi23 nesses and communities that rely on it throughout 

24 the Central Valley of California. 


jbell on DSK7SPTVN1PROD with BILLS
4 

HR 1927 IH

1 (7) Deliveries to water agencies that rely on ex2 ports from the Sacramento-San Joaquin Delta (Cali3 fornia Bay-Delta) are expected to remain at reduced 

4 levels this year due to pumping restrictions imposed 

5 on operations of the Central Valley Project and the 

6 California State Water Project under the Endan7 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

8 in the early part of 2013. 

9 (8) Due to reduced surface water supplies, reli10 ance on groundwater has increased, and the with11 drawals from the aquifers are unsustainable and put 

12 significant infrastructure at risk of collapse, includ13 ing the State Water Project’s California Aqueduct, 

14 due to permanent subsidence of land over the over15 drafted aquifers. 

16 (9) Significant habitat for a number of native 

17 fish species in the California Bay-Delta (including 

18 tidal marsh and wetlands), and access to spawning 

19 grounds, have been significantly reduced during the 

20 last century. 

21 (10) Discharge of pollutants and invasive spe22 cies have dramatically impaired the ecosystem of the 

23 California Bay-Delta. 

24 (11) Large-scale and sustained habitat restora25 tion and fish passage improvements are essential— 


jbell on DSK7SPTVN1PROD with BILLS
5 

HR 1927 IH

1 (A) to restore the unique ecosystem of the 

2 California Bay-Delta; and 

3 (B) to recover native species in the Cali4 fornia Bay-Delta. 

5 (12) As of the date of enactment of this Act, 

6 Federal and State agencies, and a number of inter7 ested parties, continue to develop the Bay Delta 

8 Conservation Plan to establish a habitat conserva9 tion plan— 

10 (A) to provide ecosystem restoration; 

11 (B) to contribute to native species recov12 ery; and 

13 (C) to allow for projects to proceed that re14 store and protect water supplies for— 

15 (i) the Central Valley Project; and 

16 (ii) the California State Water 

17 Project. 

18 (b) COMPLIANCE.— 

19 (1) IN GENERAL.—All requirements of the En20 dangered Species Act of 1973 (16 U.S.C. 1531 et 

21 seq.) relating to operations of the Central Valley 

22 Project and the California State Water Project 

23 (‘‘Projects’’) shall be deemed satisfied with regard to 

24 the species and their critical habitat covered by the 

25 biological opinions for the operations of the Central 


jbell on DSK7SPTVN1PROD with BILLS
6 

HR 1927 IH

1 Valley Project and the California State Water 

2 Project issued by the United States Fish and Wild3 life Service and dated December 15, 2008, and the 

4 National Marine Fisheries Service and dated June 4, 

5 2009 (the ‘‘biological opinions’’), if— 

6 (A) the alternatives described in that por7 tion of the biological opinions entitled ‘‘Reason8 able and Prudent Alternatives’’ are imple9 mented; and 

10 (B) the actions described in paragraph (2) 

11 are carried out. 

12 (2) MANDATES.—The Secretary of the Interior 

13 and the Secretary of Commerce shall ensure the fol14 lowing: 

15 (A) FLOWS.—For each calendar year, dur16 ing the period beginning on December 1 and 

17 ending on June 30, neither biological opinion 

18 described in paragraph (1) shall restrict flow in 

19 Old and Middle Rivers to a 14-day average of 

20 the mean daily flow to achieve flow less negative 

21 than ¥5,000 cubic feet per second. 

22 (B) CONTROL OF PUMPING OPERATIONS.— 

23 For each calendar year, during the period be24 ginning on April 1 and ending on May 31, rates 

25 of pumping at the C.W. ‘‘Bill’’ Jones Pumping 


jbell on DSK7SPTVN1PROD with BILLS
7 

HR 1927 IH

1 Plant and Harvey O. Banks Pumping Plant 

2 shall not be reduced pursuant to the biological 

3 opinion of the National Marine Fisheries Serv4 ice described in paragraph (1), except as re5 quired to implement California State Water Re6 sources Control Board Water Rights Decision 

7 1641 or a superseding water rights decision. 

8 (C) FALL X2.—For each calendar year, 

9 during the period beginning September 1 and 

10 ending November 30, monthly average x2 no 

11 greater (more eastward) than 74 km (from the 

12 Golden Gate) shall be maintained only to the 

13 extent that such action does not diminish the 

14 capability of either the Central Valley Project 

15 or the California State Water Project to make 

16 water available for other authorized project pur17 poses. 

18 (3) MODIFICATION.—The Secretary of the Inte19 rior may modify the flow and pumping operation 

20 mandates established in paragraph (2) upon rec21 ommendations of the National Research Council 

22 Committee on Sustainable Water and Environmental 

23 Management in the California Bay-Delta, if such 

24 modifications— 


jbell on DSK7SPTVN1PROD with BILLS
8 

HR 1927 IH

1 (A) would provide greater benefits to the 

2 species covered by the biological opinions de3 scribed in paragraph (1); and 

4 (B) would not reduce the water delivery 

5 capability of the Central Valley Project or Cali6 fornia State Water Project more than their de7 livery capability allowed under paragraph (2). 

8 (c) IMPLEMENTATION OF ACTION PLAN.—As soon as 

9 practicable after the date of enactment of this Act, the 

10 Secretary of the Interior and the Secretary of Commerce 

11 shall— 

12 (1) establish a fish hatchery program or refuge 

13 to preserve and restore the delta smelt in collabora14 tion with the Governor of the State of California; 

15 and 

16 (2) implement a habitat program under which 

17 each Secretary shall identify, prioritize, and imple18 ment key ecosystem restoration and fish passage 

19 projects in the ecosystem of, and on tributaries to, 

20 the California Bay-Delta to help ensure the viability 

21 of— 

22 (A) at-risk species; and 

23 (B) species listed as threatened species or 

24 endangered species on the list of threatened 

25 species or the list of endangered species pubVerDate Mar 15 2010 02:56 May 11, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1927.IH H1927

jbell on DSK7SPTVN1PROD with BILLS
9 

HR 1927 IH

1 lished under section 4(c)(1) of the Endangered 

2 Species Act of 1973 (16 U.S.C. 1533(c)(1)); 

3 and 

4 (3) install the Head of Old River Barrier dur5 ing the April–May pulse flow, as set forth in Cali6 fornia State Water Resources Control Board Water 

7 Rights Decision 1641. 

8 (d) SAVINGS CLAUSE.—Nothing in this section 

9 shall— 

10 (1) diminish or result in a reduction of the 

11 water supply deliveries of the California State Water 

12 Project to its contractors; nor 

13 (2) shift an existing obligation of the Central 

14 Valley Project to the California State Water Project 

15 or any other legal user of water. 

16 (e) SAN JOAQUIN RIVER RESTORATION SETTLE17 MENT ACT.—Nothing in this Act shall limit or otherwise 

18 affect the implementation of the San Joaquin River Res19 toration Settlement of the San Joaquin River Restoration 

20 Settlement Act (Public Law 111–11), including the Water 

21 Management Goal. 

22 (f) NO FURTHER RESTRICTION.—No State or any 

23 political subdivision thereof shall adopt or attempt to en24 force any requirements relating to the impact of the oper25 ation of the Projects on the species and critical habitat 


jbell on DSK7SPTVN1PROD with BILLS
10 

HR 1927 IH

1 covered by the biological opinions that is more restrictive 

2 than the requirements of this section. Any State law that 

3 authorizes the imposition of restrictions on the operation 

4 of the Projects in a manner that is more restrictive than 

5 this section is expressly preempted. 

6 (g) TERMINATION.—This section and each authority 

7 and mandate under this section shall terminate upon 

8 March 1, 2020. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS