I

104TH CONGRESS

1ST SESSION H. R. 2738

To make amendments to the the Central Valley Project Improvement Act

and to the Reclamation Wastewater and Groundwater Study and Facilities Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 7, 1995

Mr. DOOLITTLE (for himself and Mr. HANSEN) introduced the following bill;

which was referred to the Committee on Resources

A BILL

To make amendments to the the Central Valley Project Improvement Act and to the Reclamation Wastewater and

Groundwater Study and Facilities Act, and for other

purposes.

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

3 TITLE I—CENTRAL VALLEY

4 PROJECT REFORM

5 SEC. 101. SHORT TITLE.

6 This title may be cited as the ‘‘Central Valley Project

7 Reform Act of 1995’’.
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1 SEC. 102. PURPOSES.

2 Section 3402 of the Central Valley Project Improve3 ment Act (106 Stat. 4706) is amended by striking sub4 section (f) and inserting the following:

5 ‘‘(f) to require that the Secretary operate the

6 Central Valley Project in a manner to achieve a rea7 sonable balance among competing demands for use

8 of Central Valley Project water, including the re9 quirements of fish and wildlife, agricultural, munici10 pal and industrial and power contractors; and

11 ‘‘(g) to improve the reliability of Central Valley

12 Project water delivered under municipal and indus13 trial water service and repayments contracts.’’.

14 SEC. 103. DEFINITIONS.

15 (a) ANADROMOUS FISH.—Section 3403(a) of the

16 Central Valley Project Improvement Act (106 Stat. 4707)

17 is amended to read as follows:

18 ‘‘(a) the term ‘anadromous fish’ means those

19 stocks of Salmon (including steelhead) that ascend

20 the Sacramento and San Joaquin rivers and their

21 tributaries and the Sacramento-San Joaquin Delta

22 and its tributaries to reproduce after maturing in

23 San Francisco Bay or the Pacific Ocean;’’.

24 (b) CENTRAL VALLEY PROJECT WATER.—Section

25 3403(f) of the Central Valley Project Improvement Act

26 (106 Stat. 4707) is amended to read as follows:
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1 ‘‘(f) the term ‘Central Valley Project water’ (i)

2 means all water that is developed, diverted, stored,

3 or delivered by the Secretary in accordance with the

4 statutes authorizing the Central Valley Project and

5 in accordance with the terms and conditions of water

6 rights permits or licenses acquired by or issued to

7 the United States pursuant to California law; and

8 (ii) to clarify the nature of Sacramento River water

9 rights settlement contracts and to improve the op10 portunities for the reasonable and beneficial use of

11 water within counties, watersheds, or other areas of

12 origin as defined by State law, the term ‘Central

13 Valley Project water’ does not include water defined

14 as ‘base supply’ in those certain contracts between

15 the United States and diverters of water from Sac16 ramento River sources providing for project water

17 service and agreement on diversion of water, some18 times referred to as the Sacramento River water

19 rights settlement contracts;’’.

20 (c) REPAYMENT AND WATER SERVICE CON21 TRACTS.—Section 3403(k) of the Central Valley Project

22 Improvement Act (106 Stat. 4707) is amended to read

23 as follows:

24 ‘‘(k) the terms ‘repayment contract’ and ‘water

25 service contract’ have the same meaning as provided
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1 in sections 9(d) and 9(e) of the Reclamation Project

2 Act of 1939 (53 Stat. 1187, 1195), as amended, but

3 such terms do not include those contracts which con4 tain terms or agreements for water right settle5 ments, such as those on the Sacramento River, or

6 water right exchanges, notwithstanding that such

7 contracts may also include provisions which are the

8 same or similar to those contained in repayment or

9 water service contracts;’’.

10 SEC. 104. LIMITATION ON CONTRACTING AND CONTRACT

11 REFORM.

12 (a) NEW CONTRACTS.—Section 3404(a) of the

13 Central Valley Project Improvement Act (106 Stat. 4708)

14 is amended to read as follows:

15 ‘‘(a) NEW CONTRACTS.—Except as provided in sub16 section (b) of this section, the Secretary shall not enter

17 into any new short-term, temporary, or long-term con18 tracts or agreements for water supply from the Central

19 Valley Project for any purpose other than fish and wildlife

20 before the Secretary has completed appropriate environ21 mental review, including the preparation of the environ22 mental impact statement required in section 3409 of this

23 title, and has determined that there is sufficient water to

24 meet the existing contractual, and legal obligations of the

25 Secretary relative to the Central Valley Project.’’.
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1 (b) RENEWAL OF EXISTING LONG-TERM CON2 TRACTS.—Section 3404 of the Central Valley Project Im3 provement Act (106 Stat. 4708) is amended—

4 (1) by amending subsection (c) to read as fol5 lows:

6 ‘‘(c) RENEWAL OF EXISTING LONG-TERM CON7 TRACTS.—Notwithstanding the provisions of the Act of

8 July 2, 1956 (70 Stat. 483), the Secretary shall, upon

9 request, renew any existing long-term repayment or water

10 service contracts which provide for the delivery of water

11 from the Central Valley Project for a period of twenty12 five years and shall, subject to paragraphs (1) and (2) of

13 this subsection, renew such contracts for successive peri14 ods of 25 years each.

15 ‘‘(1) No such renewals shall be authorized until

16 appropriate environmental review, including the

17 preparation of the environmental impact statement

18 required in section 3409 of this title, has been com19 pleted. Contracts which expire prior to the comple20 tion of the environmental impact statement required

21 by section 3409 shall, upon request of the other con22 tracting party, be renewed for an interim period

23 ending on the date on which the long-term renewal

24 with respect to each such contract becomes effective

25 or the date which is three years after completion of
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1 the applicable environmental impact statement re2 quired by section 3409, whichever is earlier; except

3 that an interim contract shall automatically be ex4 tended beyond that three-year date for the period

5 necessary to provide the contractors with one year

6 for contract negotiations with the Secretary, with

7 such one-year period determined from the time the

8 draft long-term contract is formally presented to the

9 contractor by the Secretary. Such interim renewal

10 contracts shall be modified to comply with existing

11 law, including provisions of this title. Upon request

12 of the other contracting party, the Secretary shall

13 execute an amendment to extend the term of any in14 terim renewal contract entered into under this para15 graph before the enactment of the Central Valley

16 Project Reform Act of 1995 in accordance with this

17 title. Notwithstanding any other provision of law, all

18 contracts renewed by the Secretary since January 1,

19 1988, and before October 31, 1992, are hereby vali20 dated and ratified in all respects as of their respec21 tive dates of execution, except that all water deliv22 ered pursuant to such renewed contracts shall be

23 subject to payment of the charges mandated in sec24 tions 3406(c)(1)(D) and 3407(d) of this title.
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1 ‘‘(2) Upon renewal of any long-term repayment

2 or water service contract providing for the delivery

3 of water from the Central Valley Project, the Sec4 retary shall incorporate all requirements imposed by

5 existing law, including provisions of this title, within

6 such renewed contracts. The Secretary shall also ad7 minister all existing, new, and renewed contracts in

8 conformance with the requirements and goals of this

9 title.’’; and

10 (2) by adding at the end thereof the following

11 new subsection:

12 ‘‘(d) Contracts entered into or renewed pursuant to

13 this section shall, upon request of the other contracting

14 party, include a provision which requires the Secretary to

15 charge such party only for water actually delivered by the

16 Secretary.’’.

17 SEC. 105. WATER TRANSFERS, IMPROVED WATER MANAGE18 MENT AND CONSERVATION.

19 (a) CONDITIONS FOR TRANSFERS.—The matter pre20 ceding subparagraph (A) in section 3405(a)(1) of the

21 Central Valley Project Improvement Act (106 Stat. 4710)

22 is amended to read as follows:

23 ‘‘(1) CONDITIONS FOR TRANSFERS.—All trans24 fers of Central Valley Project water authorized by

25 the subsection shall be subject to review and ap-
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1 proval by the Secretary and the contracting district

2 or agency under the conditions specified in this sub3 section:’’.

4 (b) TECHNICAL AMENDMENT.—Section

5 3405(a)(1)(A) of the Central Valley Project Improvement

6 Act (106 Stat. 4710) is amended by striking ‘‘to combina7 tion’’ and inserting ‘‘or combination’’.

8 (c) REGULATORY AND ENVIRONMENTAL LAWS.—

9 Section 3405(a)(1)(D) of the Central Valley Project Im10 provement Act (106 Stat. 4710) is amended by striking

11 ‘‘laws, including but not limited to provisions of the Cali12 fornia Environmental Quality Act’’ and inserting ‘‘regu13 latory and environmental laws’’.

14 (d) APPROVAL OF TRANSFER REQUEST.—Subpara15 graphs (J), (K), (L), and (M) of section 3405(a)(1) of

16 the Central Valley Project Improvement Act (106 Stat.

17 4711) are amended to read as follows:

18 ‘‘(J) The contracting district or agency

19 shall either approve the transfer request subject

20 to reasonable conditions or deny the transfer re21 quest subject to making findings supporting a

22 reasonable basis for the denial. The conditions

23 or findings shall only relate to the proposed

24 transfer’s impacts on any of the following:
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1 ‘‘(i) The quantity and quality of the

2 water supply available to the contracting

3 district or agency and its water users, in4 cluding impacts to ground water quantity

5 and quality in the transferor’s service area

6 or areas within the same groundwater

7 basin or areas adjacent thereto.

8 ‘‘(ii) The contracting district or agen9 cy’s operations, including (but not limited

10 to) the ability of the contracting district or

11 agency to meet its delivery obligations, ob12 tain additional water supplies, and under13 take conservation measures, exchanges,

14 transfers, ground water storage, water

15 banking arrangements, or conjunctive use

16 programs.

17 ‘‘(iii) The contracting district or agen18 cy’s financial condition and the cost of pro19 viding water service.

20 ‘‘(iv) The appropriate maintenance of

21 fallowed land.

22 ‘‘(v) Other relevant factors that may

23 create an adverse financial, operations or

24 water supply impact on the contracting
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1 district or agency, its water users, or the

2 local community.

3 ‘‘(K) The Secretary shall not alter an ap4 proval or denial by the contracting district or

5 agency under subparagraph (J) of this section

6 unless the Secretary determines, consistent with

7 paragraph 3405(a)(2) of this title, that such

8 transfer would result in a significant reduction

9 in the quantity or decrease in the quality of

10 water supplies currently used for fish and wild11 life purposes, except in the event that the Sec12 retary determines pursuant to findings setting

13 forth the basis for such determination that such

14 adverse effects would be more than offset by

15 the benefits of the proposed transfer. In the

16 event of such a determination, the Secretary

17 shall develop and implement alternative meas18 ures and mitigation activities as integral and

19 concurrent elements of any such transfer to

20 provide fish and wildlife benefits substantially

21 equivalent to those lost as a consequence of

22 such transfer.

23 ‘‘(L) Transfers between Central Valley

24 Project contractors within counties, watersheds,

25 or other areas of origin, as those terms are uti-
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1 lized under California law, shall be deemed to

2 meet the conditions set forth in subparagraphs

3 (A) and (I) of this paragraph.

4 ‘‘(M) The transfer of ‘base supply’, as that

5 term is defined in Sacramento River water

6 rights settlement contracts, shall be subject

7 only to State law, and the Secretary shall have

8 no authority to approve, disapprove, review,

9 control or otherwise interfere, except as pro10 vided by State law, with any transfer of base

11 supply. For an individual or district which holds

12 any contract for Central Valley Project water,

13 in determining the amount under the provisions

14 of the Act of February 21, 1911 (36 Stat. 925;

15 43 U.S.C. 523–525), to be charged for the

16 wheeling or conveyance of base supply water

17 through Central Valley Project facilities, the

18 Secretary shall charge the contractor receiving

19 that water the applicable full operations and

20 maintenance rate or a rate that does not exceed

21 the lowest amount the individual or district

22 would pay for Central Valley Project water

23 through the same facilities at the same time,

24 whichever is greater.’’.
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1 (e) APPROVAL OF TRANSFERS.—Section

2 3405(a)(2)(C) of the Central Valley Project Improvement

3 Act (106 Stat. 4712) is amended by striking the first sen4 tence and inserting the following: ‘‘The contracting dis5 trict or agency shall approve the transfer unless the trans6 fer is not consistent with the terms and conditions of sub7 paragraphs (A) through (F) and (I) through (K) of this

8 paragraph. The Secretary shall approve the transfer if the

9 transfer is consistent with paragraphs (H) and (L). The

10 contracting district’s or agency’s decision to approve or

11 disapprove a water transfer shall be final unless appealed

12 to the Secretary as provided by paragraph (4).

13 (f) WATER TRANSFER PROGRAMS.—Section 3405(a)

14 of the Central Valley Project Improvement Act (106 Stat.

15 4711) is amended—

16 (1) by redesignating paragraph (3) as para17 graph (5); and

18 (2) by inserting after paragraph (2) the follow19 ing new paragraphs:

20 ‘‘(3) CONTRACTING DISTRICT OR AGENCY

21 WATER TRANSFER PROGRAMS.—A contracting dis22 trict or agency may, and if a water user within the

23 district or agency formally requests approval of a

24 water transfer shall, adopt a water transfer program

25 setting forth reasonable and objective criteria and a
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1 procedure, all consistent with the purpose and provi2 sions of this section 3405, for reviewing and approv3 ing water transfers. The program shall not add con4 ditions for approval not otherwise identified in, or

5 restrict the ability to implement water transfers

6 which otherwise meet the conditions of section

7 3405(a)(1).

8 ‘‘(4) APPEAL OF CONTRACTING DISTRICT OR

9 AGENCY DETERMINATIONS.—

10 ‘‘(A) An interested party may appeal in

11 writing to the Secretary the contracting dis12 trict’s or agency’s approval or disapproval of a

13 proposed water transfer made under section

14 3405(a)(2)(C) or adoption of a water transfer

15 program within 30 days of the approval or dis16 approval of the transfer or adoption of the pro17 gram.

18 ‘‘(B) The Secretary shall resolve the ap19 peal within 90 days from the date the Secretary

20 is notified of the appeal. The Secretary shall

21 only set aside a district’s or agency’s decision,

22 action, findings, or conclusion if the decision,

23 action, findings, or conclusion are found to be

24 arbitrary, capricious, an abuse of discretion or

25 otherwise not in accordance with this title, or in
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1 the case of a proposed water transfer from a

2 district or agency which has adopted a water

3 transfer program pursuant to section

4 3405(a)(3), not in accordance with such pro5 gram.

6 ‘‘(C) The term ‘interested party’ as used in

7 this subsection shall include the parties to the

8 proposed water transfer, other water users

9 within the contracting district or agency from

10 which the water will be transferred, persons or

11 entities asserting that the transfer would impair

12 that person’s or entity’s water rights.

13 ‘‘(D) Nothing in this paragraph shall limit

14 or otherwise affect any judicial or administra15 tive remedy otherwise available.’’.

16 (g) TRANSFERS AFTER SEPTEMBER 30, 1999.—Sec17 tion 3405(a)(5) of the Central Valley Project Improve18 ment Act (106 Stat. 4712), as amended by subsection (g)

19 of this section, is amended to read as follows:

20 ‘‘(5) TRANSFERS AFTER SEPTEMBER 30, 1999.—

21 Transfers executed after September 30, 1999, shall

22 only be governed by the provisions of sections

23 3405(a)(1)(A)–(C), (E), (F), (G), (H), (I), (K), (L),

24 and (M) of this title, and by State law.’’.
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1 (h) TRANSFERS, EXCHANGES, AND BANKING AR2 RANGEMENTS UNDER PRIOR LAW.—Section 3405(a) of

3 the Central Valley Project Improvement Act (106 Stat.

4 4709), as amended by subsections (g) and (h) of this sec5 tion, is amended by adding at the end the following:

6 ‘‘(6) TRANSFERS, EXCHANGES, AND BANKING

7 ARRANGEMENTS UNDER PRIOR LAW.—Notwithstand8 ing any other provision of law, the authority to make

9 transfers, exchanges, and banking arrangements of

10 Central Valley Project water which could have been

11 conducted prior to the enactment of this title is con12 tinued hereby, and such transfers, exchanges, and

13 banking arrangements shall not be subject to, lim14 ited, or conditioned by this title.’’.

15 (i) MEASUREMENT OF WATER USE REQUIRED.—

16 Section 3405(b) of the Central Valley Project Improve17 ment Act (106 Stat. 4712) is amended—

18 (1) in the heading, by striking ‘‘METERING’’

19 and inserting ‘‘MEASUREMENT’’; and

20 (2) by inserting after the first sentence the fol21 lowing: ‘‘The contracting district or agency, not in22 cluding contracting districts serving multiple agen23 cies with separate governing boards, shall ensure

24 that all water delivery systems within its boundaries

25 measure surface water at the agency’s facilities up
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1 to the point the surface water is commingled with

2 other water supplies.’’.

3 (j) WATER CONSERVATION STANDARDS.—Section

4 3405 of the Central Valley Project Improvement Act (106

5 Stat. 4709) is amended by striking out subsection (d), re6 designating subsections (e) and (f) as subsections (d) and

7 (e), and amending subsections (d) and (e) (as so redesig8 nated) to read as follows:

9 ‘‘(d) WATER CONSERVATION STANDARDS.—(1) The

10 Secretary shall establish and administer an office of

11 Central Valley Project water conservation best manage12 ment practices that shall, in consultation with the Sec13 retary of Agriculture, the California Department of Water

14 Resources, California academic institutions, and Central

15 Valley Project water users, develop criteria for evaluating

16 the adequacy of all water conservation plans developed by

17 project contractors, including those plans required by sec18 tion 210 of the Reclamation Reform Act of 1982. In devel19 oping the criteria described in this paragraph for refuges,

20 in addition to consulting with the Secretary of Agriculture,

21 the California Department of Water Resources, California

22 academic institutions, and Central Valley Project water

23 users, the Secretary shall consult with the California De24 partment of Fish and Game.
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1 ‘‘(2) Criteria developed pursuant to this subsection

2 shall apply only to Central Valley Project water and shall

3 be established within six months following enactment of

4 this title and shall be reviewed periodically thereafter, but

5 no less than every five years, with the purpose of promot6 ing the highest level of water use efficiency reasonably

7 achievable by project contractors using best available cost8 effective technology and best management practices. The

9 criteria shall include, but not be limited to agricultural

10 water suppliers’ efficient water management practices de11 veloped pursuant to California State law or reasonable al12 ternatives. The conservation guidelines and criteria may

13 include only those management practices and conservation

14 measures which (A) are demonstrated by the Secretary to

15 achieve significant water conservation and efficient man16 agement of water resources without unreasonably burden17 ing project contractors or their water users, (B) are dem18 onstrated by the Secretary to be practices or measures

19 that are cost-effective and economically feasible under ap20 plicable circumstances and not prohibited by California or

21 local law as of January 1, 1993, and (C) take into consid22 eration the amount of water under contract to the project

23 contractor, probable Central Valley Project water supply,

24 economic resources, geography, and other factors relevant

25 to that project contractor.
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1 ‘‘(3) The Secretary, through the office established

2 under this subsection, shall review and evaluate within 18

3 months following enactment of this title all existing con4 servation plans submitted by project contractors to deter5 mine whether they meet the conservation and efficiency

6 criteria established pursuant to this subsection.

7 ‘‘(4) The Secretary shall approve or disapprove a

8 water conservation plan within 90 days after such plan

9 is submitted under this subsection. A water conservation

10 plan shall be deemed to be approved if the Secretary fails

11 to approve or disapprove such plan within such 90-day pe12 riod.

13 ‘‘(5) Water conserved by a project contractor or

14 water user pursuant to a plan approved under this sub15 section shall accrue, in a manner consistent with State

16 law, to the benefit of such project contractor or water

17 user.

18 ‘‘(6) Compliance with conservation guidelines and cri19 teria developed pursuant to this subsection shall be

20 deemed compliance with section 210 of the Reclamation

21 Reform Act of 1982 (43 U.S.C. 390jj).

22 ‘‘(e) INCREASED REVENUES.—All increased revenues

23 received by the Secretary which exceed the cost of service

24 rate applicable to the delivery of water transferred from
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1 irrigation use to municipal and industrial use under sub2 section (a) shall be covered to the Restoration Fund.’’.

3 SEC. 106. FISH, WILDLIFE AND HABITAT RESTORATION.

4 (a) SATISFACTION OF PURPOSES.—Section 3406 of

5 the Central Valley Project Improvement Act (106 Stat.

6 4714) is amended by adding at the end the following new

7 subsection:

8 ‘‘(i) SATISFACTION OF PURPOSES.—By pursuing the

9 programs and activities authorized by this section, the

10 Secretary shall be deemed to have met the mitigation, pro11 tection, restoration, and enhancement purposes of section

12 2 of the Act of August 26, 1937 (ch. 832, 50 Stat. 850),

13 as amended.’’.

14 (b) FISH AND WILDLIFE RESTORATION ACTIVI15 TIES.—(1) The matter preceding subparagraph (A) of sec16 tion 3406(b)(1) of the Central Valley Project Improve17 ment Act (106 Stat. 4714) is amended to read as follows:

18 ‘‘(1) assist the State of California in pursuing

19 its goal of doubling production of anadromous fish

20 in Central Valley rivers and streams in accordance

21 with the program specified in the report prepared by

22 the California Department of Fish and Game enti23 tled ‘Central Valley Salmon and Steelhead Restora24 tion and Enhancement Plan’, dated April 1990,

25 through the actions specified in this subsection, with
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1 priority given to those actions specified in para2 graphs (4) through (22): Provided, That this goal

3 shall not apply to the San Joaquin River between

4 Friant Dam and the Mendota Pool, for which sepa5 rate provision has been made under section 3406(c)

6 of this title: Provided further, That in the course of

7 assisting the State of California, the Secretary shall

8 make all reasonable efforts consistent with the re9 quirements of this section to address other identified

10 adverse environmental impacts of the Central Valley

11 Project not specifically enumerated in this section.’’.

12 (2) Subparagraphs (B) and (C) of section 3406(b)(1)

13 of the Central Valley Project Improvement Act (106 Stat.

14 4714) are amended to read as follows:

15 ‘‘(B) As needed to achieve the goals of this

16 program, the Secretary is authorized and di17 rected to modify Central Valley Project oper18 ations to provide reasonable flows of suitable

19 quality, quantity, and timing to protect all life

20 stages of anadromous fish, except that such

21 flows shall be provided from the quantity of

22 water reserved for fish, wildlife, and habitat

23 restoration purposes under paragraph (2) of

24 this subsection; from the water supplies ac25 quired pursuant to paragraph (3) of this sub-
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1 section; and from other sources which do not

2 conflict with fulfillment of the Secretary’s re3 maining contractual obligations to provide

4 Central Valley Project water for other author5 ized purposes. Reasonable instream flow needs

6 for all Central Valley Project controlled streams

7 and rivers shall be determined by the Secretary

8 based on recommendations of the United States

9 Fish and Wildlife Service after consultation

10 with the California Department of Fish and

11 Game.

12 ‘‘(C) The Secretary shall cooperate with

13 the State of California to ensure that, to the

14 greatest degree practicable, the specific quan15 tities of Central Valley Project water reserved

16 and managed for fish and wildlife purposes

17 under this title are credited against any addi18 tional obligations of the Central Valley Project

19 which may be imposed by the State of Califor20 nia following enactment of this title, including

21 but not limited to increased flow and reduced

22 export obligations which may be imposed by the

23 California State Water Resources Control

24 Board in implementing San Francisco Bay/Sac25 ramento-San Joaquin Delta Estuary standards
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1 pursuant to the review ordered by the Califor2 nia Court of Appeals in United States v. State

3 Water Resources Control Board, 182 Cal. App.

4 3d 82 (1986), and that, to the greatest degree

5 practicable, the programs and plans required by

6 this title are developed and implemented in a

7 way that avoids inconsistent or duplicative obli8 gations from being imposed upon Central Valley

9 Project water and power contractors.’’.

10 (3) Section 3406(b)(2) of the Central Valley Project

11 Improvement Act (106 Stat. 4714) is amended to read

12 as follows:

13 ‘‘(2) upon enactment of this title, reserve and

14 manage annually 800,000 acre-feet of Central Valley

15 Project water, excluding any Central Valley Project

16 water delivered under the Contract for Exchange of

17 Waters described in subsection (c)(1)(C) of this sec18 tion for the purposes of (A) implementing the fish,

19 wildlife, and habitat restoration purposes and meas20 ures authorized by this title; (B) assisting the State

21 of California in its efforts to protect the waters of

22 the San Francisco Bay/Sacramento-San Joaquin

23 Delta Estuary; and (C) helping to meet such obliga24 tions as may be legally imposed upon the Central

25 Valley Project under State or Federal law following
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1 the date of enactment of this title, including (but

2 not limited to) additional obligations under the En3 dangered Species Act of 1973: Provided, That all

4 Central Valley Project water used to assist the State

5 of California in its efforts to protect the water of the

6 San Francisco Bay/Sacramento-San Joaquin Delta

7 Estuary and to help meet such obligations as may

8 be legally imposed upon the Central Valley Project

9 under State or Federal law following the date of en10 actment of this title, including (but not limited to)

11 additional obligations under the Endangered Species

12 Act of 1973, is credited to the amount of Central

13 Valley Project water so reserved under this para14 graph: Provided further, That the Central Valley

15 Project water reserved under this paragraph shall

16 not be used to increase the flow of water through

17 the San Francisco Bay/Sacramento-San Joaquin

18 Delta Estuary beyond that required to meet the re19 quirements of the Bay/Delta Water Quality Control

20 Plan, as may be amended or modified, or the En21 dangered Species Act of 1973. To the fullest extent

22 possible and in accordance with section 3411 of this

23 title, after using a quantity of such 800,000 acre24 feet of water for fish and wildlife purposes pursuant

25 to this paragraph, the Secretary shall reuse or divert
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1 such quantity of water for agricultural or municipal

2 and industrial purposes.

3 ‘‘(A) Such quantity of water shall be in ad4 dition to the quantities needed to implement

5 subsection (d)(1) of this title and in addition to

6 all water allocated pursuant to paragraph (23)

7 of this subsection for release to the Trinity

8 River for the purposes of fishery restoration,

9 propagation, and maintenance; and shall be

10 supplemented by all water that comes under the

11 Secretary’s control pursuant to subsection

12 (b)(3), sections 3408(h)–(i), and through other

13 measures consistent with paragraph (1)(B) of

14 this subsection.

15 ‘‘(B) Such quantity of water shall be man16 aged pursuant to reasonable conditions speci17 fied by the United States Fish and Wildlife

18 Service after consultation with the Bureau of

19 Reclamation and the California Department of

20 Water Resources, and in cooperation with the

21 California Department of Fish and Game.

22 ‘‘(C) The Secretary may temporarily re23 duce deliveries of the quantity of water reserved

24 under this paragraph up to 25 percent of such

25 total whenever reductions are imposed upon ag-
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1 ricultural water service contractors: Provided,

2 That such reductions shall not exceed in per3 centage terms the reductions imposed on agri4 cultural water service contractors: Provided fur5 ther, That nothing in this subsection or sub6 section (d) shall require the Secretary to oper7 ate the project in a way that jeopardizes human

8 health or safety.

9 ‘‘(D) If the quantity of water reserved

10 under this paragraph, or any portion thereof, is

11 not needed for the purposes of this section,

12 based on a finding by the Secretary, the Sec13 retary is authorized to make such water avail14 able for other project purposes.’’.

15 (4) Section 3406(b)(3) of the Central Valley Project

16 Improvement Act (106 Stat. 4716) is amended to read

17 as follows:

18 ‘‘(3) develop and implement a program in co19 ordination and in conformance with the plan re20 quired under paragraph (1) of this subsection for

21 the acquisition of a water supply to supplement the

22 quantity of water reserved for fish and wildlife pur23 poses under paragraph (2) of this subsection and to

24 fulfill the Secretary’s obligations under subsection

25 (d)(2). The program should identify how the Sec-
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1 retary intends to utilize, in particular the following

2 options: improvements in or modifications of the op3 erations of the project; water banking; conservation;

4 transfers; conjunctive use; and temporary and per5 manent land fallowing, including purchase, lease,

6 and option of water, water rights, and associated ag7 ricultural land. Purchases of water associated with

8 this program shall be from willing sellers, and shall

9 be Federal nonreimbursable expenditures to the ex10 tent they are not funded through the Restoration

11 Fund established in section 3407 of this title.’’.

12 (5) Section 3406(b)(8) of the Central Valley Project

13 Improvement Act (106 Stat. 4717) is amended by insert14 ing ‘‘as appropriate based on best available river specific

15 science,’’ after ‘‘(8)’’.

16 (6) Section 3406(b) of the Central Valley Project Im17 provement Act (106 Stat. 4714), as amended by para18 graph (8) of this subsection, is further amended by strik19 ing paragraph (18) and by redesignating paragraphs (19)

20 through (23) as paragraphs (18) through (22), respec21 tively.

22 (7) Section 3406(b)(22) of the Central Valley Project

23 Improvement Act (106 Stat. 4716), as amended by para24 graph (9) of this subsection, is amended to read as follows:
27

•HR 2738 IH

1 ‘‘(22) In order to meet Federal trust respon2 sibilities to protect the fishery resources of the

3 Hoopa Valley Tribe, and to meet the fishery restora4 tion goals of the Act of October 24, 1984, Public

5 Law 98–541, provide through the Trinity River Di6 vision, for water years 1992 through 1996, an

7 instream release of water to the Trinity River of not

8 less than three hundred and forty thousand acre-feet

9 per year for the purposes of fishery restoration,

10 propagation, and maintenance; and:

11 ‘‘(A) By September 30, 1996, the Sec12 retary, after consultation with the Hoopa Valley

13 Tribe, the Trinity River Restoration Program

14 Task Force, and its Technical Coordinating

15 Committee, shall complete the Trinity River

16 Flow Evaluation Study currently being con17 ducted by the United States Fish and Wildlife

18 Service under the mandate of the Secretarial

19 Decision of January 14, 1981, in a manner

20 which ensures the development of recommenda21 tions, based on the best available scientific data,

22 regarding permanent instream fishery flow re23 quirements and Trinity River Division operat24 ing criteria and procedures for the restoration

25 and maintenance of the Trinity River fishery.
28

•HR 2738 IH

1 ‘‘(B) Not later than December 31, 1996,

2 the Secretary shall forward the recommenda3 tions of the Trinity River Flow Evaluation

4 Study, referred to in subparagraph (A) of this

5 paragraph, to the Committee on Energy and

6 Natural Resources and the Select Committee on

7 Indian Affairs of the Senate and the Committee

8 on Resources of the House of Representatives.

9 If the Secretary and the Hoopa Valley Tribe,

10 after consultation with the Trinity River Res11 toration Program Task Force and its Technical

12 Coordinating Committee, concur in these rec13 ommendations, any increase to the minimum

14 Trinity River instream fishery releases estab15 lished under this paragraph and the operating

16 criteria and procedures referred to in the mat17 ter preceding subparagraph (A) shall be imple18 mented in accordance with subparagraph (C). If

19 the Hoopa Valley Tribe and the Secretary do

20 not concur, the minimum Trinity River

21 instream fishery releases established under the

22 matter preceding subparagraph (A) shall re23 main in effect unless increased by an Act of

24 Congress, appropriate judicial decree, or agree25 ment among the Secretary, the Hoopa Valley
29

•HR 2738 IH

1 Tribe, the Trinity River Restoration Program

2 Task Force, and its Technical Coordinating

3 Committee, implemented in accordance with

4 subparagraph (C).

5 ‘‘(C) The Secretary may only implement

6 recommendations pursuant to the study re7 ferred to in subparagraph (A) relating to

8 instream flows through a rulemaking process

9 under chapter 5 of title 5, United States Code

10 (relating to administrative procedure), with a

11 comment period of not less than 60 days and

12 not more than 180 days. The studies and data

13 on which such recommendations are based shall

14 be available for public review. Any such draft

15 rule shall be published within 180 days after

16 the Secretary forwards the recommendations

17 under subparagraph (B).

18 ‘‘(D) Any recommendation implemented

19 pursuant to subparagraph (C) shall provide for

20 a variance in the instream flow to take into ac21 count differing hydrologic and reservoir storage

22 conditions.

23 ‘‘(E) Costs associated with implementation

24 of this paragraph shall be reimbursable as oper-
30

•HR 2738 IH

1 ation and maintenance expenditures pursuant

2 to existing law.’’.

3 (8) Section 3406(c) of the Central Valley Project Im4 provement Act (106 Stat. 4721) is amended to read as

5 follows:

6 ‘‘(c) SAN JOAQUIN AND STANISLAUS RIVERS.—

7 (1)(A) In furtherance of the purposes of this title, the Sec8 retary shall cooperate with the State of California and

9 local agencies and entities that impound and/or divert

10 water tributary to the San Joaquin River in the develop11 ment and implementation of projects to—

12 ‘‘(i) coordinate the flows in the Stanislaus,

13 Tuolumne, Merced, and San Joaquin Rivers and ex14 ports at the Tracy and Banks pumping plants to fa15 cilitate increased survival of San Joaquin River chi16 nook salmon;

17 ‘‘(ii) develop and implement a program in the

18 San Joaquin River and its tributaries to identify, re19 store, and improve channel and riffle locations, to

20 clean spawning gravel of fine sediments, and to re21 duce sediment input from near stream and water22 shed areas due to erosion and land management

23 practices;

24 ‘‘(iii)(I) establish a gene bank to ensure protec25 tion of San Joaquin River fall-run chinook salmon
31

•HR 2738 IH

1 genetic material in the event of catastrophic loss,

2 (II) selectively harvest hatchery fish to encourage in3 creases in wild stocks of San Joaquin River fall-run

4 chinook salmon, (III) mark all hatchery San Joaquin

5 River fall-run chinook salmon to allow their identi6 fication in ocean and inland fisheries, (IV) capture

7 and breed wild San Joaquin River fall-run chinook

8 salmon to enhance wild populations, and (V) estab9 lish a genetic advisory committee to provide advice

10 to the Secretary on the protection of San Joaquin

11 River fall-run chinook salmon genetic material,

12 which committee shall be composed of experts from

13 academia, fishery management agencies, and water

14 management agencies;

15 ‘‘(iv) install a minimum of six telemetry devices

16 on the San Joaquin River and tributary channels for

17 the purposes of estimating the current overall water

18 quality conditions in the San Joaquin Basin, which

19 information shall be made available for water man20 agers to coordinate water management decisions;

21 ‘‘(v) develop a plan to restore and manage the

22 riparian corridor of the San Joaquin River and its

23 tributaries, including areas on both sides of river

24 channels where flood frequency is sufficient to sus25 tain riparian vegetation with the goals to restore
32

•HR 2738 IH

1 areas where the corridor is gone and to develop ac2 tion items for riparian vegetation where the value of

3 fish and wildlife is reduced by land use practices,

4 which plan shall be consistent with restoring and

5 maintaining the floodway flow capacities and associ6 ated river stages for which levees and other flood

7 protection facilities were designed and built;

8 ‘‘(vi) initiate a program of screening or provid9 ing other fish protective measures at water diver10 sions in the San Joaquin River, its tributaries and

11 estuary, which program will locate, inventory,

12 prioritize and select candidate sites and include in13 stallation and long-term maintenance as necessary;

14 ‘‘(vii) increase fall flows and install physical

15 and/or mechanical solutions as appropriate in the

16 Stanislaus, Tuolumne, and Merced rivers to attract

17 and provide access to adult San Joaquin River chi18 nook salmon and maintain suitable water tempera19 tures for spawning: Provided, That any increase in

20 flows shall be implemented only through purchase of

21 water from willing sellers, water augmentation

22 projects, and/or additional storage to increase export

23 flexibility or other similar voluntary means: Provided

24 further, That flow increases shall be integrated with

25 physical and mechanical solutions which can lead to
33

•HR 2738 IH

1 improved guidance flows and water quality in the

2 lower San Joaquin River, such as a barrier at the

3 head of Old River and/or an aeration device at

4 Rough and Ready Island;

5 ‘‘(viii) evaluate methods to protect San Joaquin

6 River chinook salmon stocks in the ocean and estua7 rine fisheries, mark all hatchery-produced San Joa8 quin River chinook salmon, evaluate San Joaquin

9 River chinook salmon ‘shaker’ mortality, and coordi10 nate additional salmon management practices which

11 will contribute to increasing salmon reproduction

12 and survivability;

13 ‘‘(ix) undertake measures to reduce salmon

14 predator populations in the San Joaquin River, its

15 tributaries, and other areas such as Clifton Court

16 Forebay, including (but not limited to) encouraging

17 predator harvest, voluntary increases in flows during

18 spring outmigration, reducing water temperatures in

19 summer, increasing turbidity during outmigration,

20 removing predator concentrating features, and modi21 fying channels to isolate predator habitat; and

22 ‘‘(x) provide for the annual installation during

23 October to December of a barrier to divert returning

24 adult San Joaquin River chinook salmon from the

25 San Joaquin River into the Merced River, including
34

•HR 2738 IH

1 acquisition of a site at the confluence of the San

2 Joaquin River and the Merced River for barrier in3 stallation and operation;

4 ‘‘(xi) provide resources to the San Joaquin

5 River Conservancy to assist in its overall efforts, in6 cluding, but not limited to, land acquisition, natural

7 resource surveys, and environmental studies that

8 may be necessary for successful implementation of

9 the San Joaquin River Parkway; and

10 ‘‘(xii) provide one-third matching funds for the

11 annual operating budget for the hatchery at the

12 Tuolumne River Salmon Restoration Center.

13 ‘‘(B) Funding for the projects described in subpara14 graph (A) shall be provided under sections 3407(b) and

15 3407(e). Funds provided pursuant to such sections may

16 not be used for any action to address fish, wildlife and

17 habitat concerns on the San Joaquin River downstream

18 from Friant Dam, including (but not limited to) stream

19 flow, channel, riparian habitat, and water quality improve20 ments, until the Secretary determines that such action is

21 reasonable, prudent and feasible. Any such action shall be

22 subject to subparagraph (C).

23 ‘‘(C) The Congress hereby confirms that it is and has

24 been its intent to prohibit all releases of water directly

25 from Friant Dam into the San Joaquin River other than
35

•HR 2738 IH

1 for bona fide purposes of (i) flood control, (ii) satisfying

2 the requirements of that certain Contract for Exchange

3 of Waters dated July 27, 1939, between the United States

4 of America, the San Joaquin & Kings River Canal & Irri5 gation Company, Incorporated, the Columbia Canal Com6 pany, the San Luis Canal Company and the Firebaugh

7 Canal Company, as amended from time to time, or (iii)

8 satisfying those contractual obligations of the Secretary

9 which existed on the date of enactment of this title to pro10 vide water to landowners located between Friant Dam and

11 Gravelly Ford. Therefore, notwithstanding any State or

12 other Federal law, water shall not be released directly

13 from Friant Dam into the San Joaquin River except for

14 the purposes enumerated in clauses (i), (ii), and (iii) of

15 the preceding sentence.

16 ‘‘(D) In lieu of releasing water directly from Friant

17 Dam into the San Joaquin River for any purposes of this

18 title, entities receiving Central Valley Project water from

19 the Friant Division of the Central Valley Project shall be

20 assessed, in addition to all other applicable charges, a sur21 charge for all Class 1 and Class 2 water delivered in an

22 amount that will result in collection, during each fiscal

23 year, of $6,000,000. Such surcharge shall be in the

24 amount of $4.00 per acre-foot and shall not apply to Class

25 2 water delivered in excess of 50 percent of the amount
36

•HR 2738 IH

1 of Class 2 water to which a contracting party is contrac2 tually entitled.

3 ‘‘(E) Except as expressly provided in subparagraphs

4 (C) and (D), nothing contained in those subparagraphs

5 shall otherwise alter the applicability or inapplicability of

6 State or other Federal law to entities receiving Central

7 Valley Project water from the Friant Division of the

8 Central Valley Project.

9 ‘‘(2) The Secretary shall, by not later than September

10 30, 1996, in the course of preparing the Stanislaus River

11 Basin and Calaveras River Water Use Program Environ12 mental Impact Statement and in consultation with the

13 State of California, affected counties, and other interests,

14 evaluate and determine existing and anticipated future

15 basin needs in the Stanislaus River Basin. In the course

16 of such evaluation, the Secretary shall investigate alter17 native storage, release, and delivery regimes, including but

18 not limited to conjunctive use operations, conservation

19 strategies, exchange arrangements, and the use of base

20 and channel maintenance flows, in order to best satisfy

21 both basin and out-of-basin needs consistent, on a continu22 ing basis, with the limitations and priorities established

23 in the Act of October 23, 1962 (76 Stat. 173). For the

24 purposes of this subparagraph, ‘basin needs’ shall include

25 water supply for agricultural, municipal and industrial
37

•HR 2738 IH

1 uses, and maintenance and enhancement of water quality,

2 and fish and wildlife resources within the Stanislaus River

3 Basin as established by the Secretary’s June 29, 1981

4 Record of Decision; and ‘out-of-basin’ needs shall include

5 all such needs outside of the Stanislaus River Basin, in6 cluding those of the San Francisco Bay/Sacramento-San

7 Joaquin Delta Estuary and those of the San Joaquin

8 River under paragraph (1) of this subsection.’’.

9 (9) Section 3406(d) of the Central Valley Project Im10 provement Act (106 Stat. 4722) is amended to read as

11 follows:

12 ‘‘(d) CENTRAL VALLEY REFUGES AND WILDLIFE

13 HABITAT AREAS.—(1) In support of the objectives of the

14 Central Valley Habitat Joint Venture and in furtherance

15 of the purposes of this title, the Secretary shall provide,

16 either directly or through contractual agreements with

17 other appropriate parties, firm water supplies of suitable

18 quality to maintain and improve wetland habitat areas on

19 units of the National Wildlife Refuge System in the

20 Central Valley of California; on the Gray Lodge, Los

21 Banos, Volta, North Grasslands, and Mendota state wild22 life management areas; and on the Grasslands Resources

23 Conservation District in the Central Valley of California.

24 ‘‘(2) Upon enactment of this title and subject to para25 graph (8) of this subsection, the quantity and delivery
38

•HR 2738 IH

1 schedules of water measured at the boundaries of each

2 wetland habitat area described in this paragraph shall be

3 in accordance with level 2 of the ‘Dependable Water Sup4 ply Needs’ table for those habitat areas as set forth in

5 the Refuge Water Supply Report and two-thirds of the

6 water supply needed for full habitat development for those

7 habitat areas identified in the San Joaquin Basin Action

8 Plan/Kesterson Mitigation Action Plan Report prepared

9 by the Bureau of Reclamation. Such water shall be pro10 vided through long-term contractual agreements with ap11 propriate parties and shall be supplemented by the incre12 ment of water provided for in paragraph (3) of this sub13 section: Provided, That the Secretary shall be obligated

14 to provide such water whether or not such long-term con15 tractual agreements are in effect. In implementing this

16 paragraph, the Secretary shall endeavor to diversify

17 sources of supply in order to minimize possible adverse

18 effects upon Central Valley Project contractors.

19 ‘‘(3) Not later than ten years after enactment of this

20 title and subject to paragraph (8) of this subsection, the

21 quantity and delivery schedules of water measured at the

22 boundaries of each wetland habitat area described in this

23 paragraph shall be in accordance with level 4 of the ‘De24 pendable Water Supply Needs’ table for those habitat

25 areas as set forth in the Refuge Water Supply Report and
39

•HR 2738 IH

1 the full water supply needed for full habitat development

2 for those habitat areas identified in the San Joaquin

3 Basin Action Plan/Kesterson Mitigation Action Plan Re4 port prepared by the Bureau of Reclamation. The quan5 tities of water required to supplement the quantities pro6 vided under paragraph (2) of this subsection shall be ac7 quired by the Secretary in cooperation with the State of

8 California and in consultation with the Central Valley

9 Habitat Joint Venture and other interests in cumulating

10 increments of not less than ten percent per annum

11 through voluntary measures which include water conserva12 tion, conjunctive use, purchase, lease, donations, or similar

13 activities, or a combination of such activities which do not

14 require involuntary reallocations of project yield.

15 ‘‘(4) All costs associated with implementation of

16 paragraph (2) of this subsection shall be deemed a

17 nonreimbursable Federal expenditure. Incremental costs

18 associated with implementation of paragraph (3) of this

19 subsection shall be fully allocated in accordance with the

20 following formula: 75 percent shall be deemed a

21 nonreimbursable Federal expenditure; and 25 percent

22 shall be allocated to the State of California for recovery

23 through direct reimbursements or through equivalent in24 kind contributions.
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•HR 2738 IH

1 ‘‘(5) The Secretary shall temporarily reduce deliveries

2 of the quantity of water dedicated under paragraph (2)

3 of this subsection up to 25 percent of such total whenever

4 reductions are imposed upon agricultural water service

5 contractors served from the same Division of the Central

6 Valley Project: Provided, That such reductions shall not

7 exceed in percentage terms the reductions imposed on ag8 ricultural water service contractors. For the purpose of

9 shortage allocation, the priority or priorities applicable to

10 the increment of water provided under paragraph (3) of

11 this subsection shall be the priority or priorities which ap12 plied to the water in question prior to its transfer to the

13 purpose of providing such increment.

14 ‘‘(6) In order to implement the requirements of this

15 subsection and in order to minimize possible adverse im16 pacts upon Central Valley Project water contractors, the

17 Secretary is authorized and directed to construct or to ac18 quire from non-Federal entities through purchase, lease,

19 or short-term or long-term operating agreement such

20 water conveyance facilities, conveyance capacity, pumping

21 capacity, and wells, within one year after enactment of

22 this paragraph: Provided, That such actions are approved

23 by the non-Federal facilities’ owners, and operators. To

24 carry out this obligation, and without limiting other ac25 tions, the Secretary shall, in cooperation with the State
41

•HR 2738 IH

1 of California and Central Valley Project water contractors,

2 implement those immediate actions necessary to facilitate

3 the acquisition of pumping and conveyance capacity from

4 the State. Additional water that can be delivered as a re5 sult of the acquisition of such additional pumping and con6 veyance capacity shall be allocated in a manner which

7 avoids water shortages to Central Valley Project water

8 contractors and users.

9 ‘‘(7) The Secretary, in consultation with the State of

10 California, the Central Valley Habitat Joint Venture, and

11 other interests, shall investigate and report on the follow12 ing supplemental actions by not later than September 30,

13 1997—

14 ‘‘(A) alternative means of improving the reli15 ability and quality of water supplies currently avail16 able to privately owned wetlands in the Central Val17 ley and the need, if any, for additional supplies; and

18 ‘‘(B) water supply and delivery requirements

19 necessary to permit full habitat development for

20 water dependent wildlife on one hundred and twenty

21 thousand acres supplemental to the existing wetland

22 habitat acreage identified in Table 8 of the Central

23 Valley Habitat Joint Venture’s ‘Implementation

24 Plan’ dated April 19, 1990, as well as feasible
42

•HR 2738 IH

1 means of meeting associated water supply require2 ments.

3 ‘‘(8) Not later than 180 days after the date of the

4 enactment of the Central Valley Project Reform Act of

5 1995, the Secretary shall prepare a report in which the

6 Secretary assesses whether the Dependable Water Supply

7 Needs outlined in the Refuge Water Supply Report and

8 the San Joaquin Basin Action Plan/Kesterson Mitigation

9 Action Plan Report prepared by the Bureau of Reclama10 tion accurately reflect reasonable dependable water supply

11 needs for refuges, taking into account changes in habitat

12 conditions and any other relevant factors. If the Secretary

13 determines that the Dependable Water Supply Needs in

14 such Reports do not reflect the reasonable dependable

15 water supply needs for refuges, the Reports shall be re16 vised to reflect appropriate adjustments in the Dependable

17 Water Supply Needs tables, and deliveries and increments

18 described in paragraphs (2) and (3) of this subsection

19 shall be adjusted accordingly to match the quantities spec20 ified in the revised Reports. The report shall be prepared

21 with public involvement, including water contractors and

22 users.

23 ‘‘(9) Not later than one year after the date of the

24 enactment of this paragraph, the Secretary shall—
43

•HR 2738 IH

1 ‘‘(A) using water measuring devices or other

2 water measuring methods, determine the quantity of

3 all water provided by the Secretary to areas referred

4 to in paragraph (1) of this subsection;

5 ‘‘(B) require that such areas be managed in ac6 cordance with water conservation plans which incor7 porate water conservation best management prac8 tices developed under section 3405(d) of this title;

9 and

10 ‘‘(C) if the Dependable Water Supply Needs

11 levels specified in paragraphs (2) and (3) of this

12 subsection do not correspond with the demonstrated

13 need following implementation of best management

14 practices under this paragraph, the levels shall be

15 adjusted accordingly to match the level of such dem16 onstrated need.’’.

17 (10) Section 3406(f) of the Central Valley Project

18 Improvement Act (106 Stat. 4724) is amended by striking

19 ‘‘Committees on Insular and Interior Affairs and Mer20 chant Marine and Fisheries’’ and inserting ‘‘Committee on

21 Resources’’.

22 (11) Section 3406 of the Central Valley Project Im23 provement Act (106 Stat. 4714), as amended by sub24 section (a) of this section, is further amended by adding

25 at the end the following new subsection:
44

•HR 2738 IH

1 ‘‘(j) PURCHASE OF ADDITIONAL WATER.—The Sec2 retary may acquire any water needed to carry out this title

3 which is in addition to the water required to be made

4 available under subsections (b)(2), (b)(22), and (d) only

5 by purchase in accordance with State law. Such purchases

6 shall be Federal nonreimbursable expenditures to the ex7 tent they are not funded through the Restoration Fund

8 established in section 3407 of this title.’’.

9 SEC. 107. RESTORATION FUND.

10 (a) RESTORATION FUND ESTABLISHED.—Section

11 3407(a) of the Central Valley Project Improvement Act

12 (106 Stat. 4726) is amended to read as follows:

13 ‘‘(a) RESTORATION FUND ESTABLISHED.—

14 ‘‘(1) There is hereby established in the Treas15 ury of the United States the ‘Central Valley Project

16 Restoration Fund’ (hereafter ‘Restoration Fund’)

17 which shall be available for deposit of donations

18 from any source and revenues provided under sec19 tions 3405(e), 3406(c)(1)(D), and 3407(d) of this

20 title. Amounts deposited shall be credited as offset21 ting collections. Monies donated to the Restoration

22 Fund by non-Federal entities for specific purposes

23 shall be expended for those purposes only and shall

24 not be subject to appropriation. Notwithstanding

25 any other provision of this title, the Secretary may
45

•HR 2738 IH

1 not directly or indirectly require a donation, or any

2 other payment, to the Restoration Fund, or environ3 mental restoration or mitigation fees not otherwise

4 provided by law, as a condition to providing for the

5 storage or conveyance of non-Central Valley Project

6 water pursuant to reclamation laws, or as a condi7 tion to the delivery of water pursuant to section 215

8 of the Reclamation Reform Act of 1982 (96 Stat.

9 1270).

10 ‘‘(2) The Secretary may utilize amounts col11 lected pursuant to section 3406(c)(1)(D) to assist in

12 achieving applicable water quality standards imposed

13 in the San Francisco Bay/Sacramento-San Joaquin

14 Delta Estuary, with emphasis on funding projects

15 described in section 3406(c)(1)(A) which will con16 tribute to achieving such standards. The balance of

17 all surcharges collected pursuant to section

18 3406(c)(1)(D) shall be utilized by the Secretary to

19 provide funding to the State of California or other

20 entity described in section 3407(e)(1) to assist in the

21 implementation of all projects described in such sub22 paragraph (A) to which funding is not directed pur23 suant to the preceding sentence.’’.
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•HR 2738 IH

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 3407(b) of the Central Valley Project Improvement Act

3 (106 Stat. 4726) is amended—

4 (1) by striking ‘‘per year’’ and inserting ‘‘in any

5 one year’’; and

6 (2) by inserting ‘‘(from willing sellers)’’ after

7 ‘‘acquisition’’.

8 (c) MITIGATION AND RESTORATION PAYMENTS BY

9 WATER AND POWER BENEFICIARIES.—Section 3407(c) of

10 the Central Valley Project Improvement Act (106 Stat.

11 4726) is amended to read as follows:

12 ‘‘(c) MITIGATION AND RESTORATION PAYMENTS BY

13 WATER AND POWER BENEFICIARIES.—

14 ‘‘(1) To the extent required in appropriation

15 Acts, the Secretary shall assess and collect addi16 tional annual mitigation and restoration payments,

17 in addition to the charges provided for or collected

18 under sections 3405(a)(1)(B), 3405(e), and

19 3406(c)(1)(D) of this title, consisting of charges to

20 direct beneficiaries of the Central Valley Project

21 under subsection (d) of this section in order to re22 cover a portion or all of the costs of fish, wildlife,

23 and habitat restoration programs and projects under

24 this title.
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•HR 2738 IH

1 ‘‘(2) The payment described in this subsection

2 shall be established at amounts that will result in

3 collection, during each fiscal year, of an amount that

4 can be reasonably expected to equal the amount ap5 propriated each year, subject to subsection (d) of

6 this section, and in combination with all other re7 ceipts identified under this title, to carry out the

8 purposes identified in subsection (b) of this sec9 tion.’’.

10 (d) ADJUSTMENT AND ASSESSMENT OF MITIGATION

11 AND RESTORATION PAYMENTS.—Paragraphs (1) and (2)

12 of section 3407(d) of the Central Valley Project Improve13 ment Act (106 Stat. 4727) are amended to read as follows:

14 ‘‘(1) In assessing the annual payments to carry

15 out subsection (c) of this section, the Secretary

16 shall, prior to each fiscal year, estimate the amount

17 that could be collected in each fiscal year pursuant

18 to paragraph (2) of this subsection. The Secretary

19 shall decrease all such payments on a proportionate

20 basis from amounts contained in the estimate so

21 that an aggregate amount is collected pursuant to

22 the requirements of subsection (c)(2) of this section.

23 ‘‘(2) The Secretary shall assess and collect the

24 following mitigation and restoration payments, to be
48

•HR 2738 IH

1 covered to the Restoration Fund, subject to the re2 quirements of paragraph (1) of this subsection:

3 ‘‘The Secretary shall require Central Val4 ley Project water and power contractors to

5 make such additional annual payments as are

6 necessary to yield, together with all other re7 ceipts, the amount required under subsection

8 (c)(2) of this section: Provided, That such addi9 tional payments shall not exceed $30,000,000

10 (October 1992 price levels) on a three-year roll11 ing average basis: Provided further, That such

12 additional annual payments shall be allocated so

13 as not to exceed $6 per acre-foot (October 1992

14 price levels) for Central Valley Project water for

15 agricultural use delivered by the Central Valley

16 Project and received or transferred by a Central

17 Valley Project water contractor, $12 per acre18 foot (October 1992 price levels) for Central Val19 ley Project water for municipal and industrial

20 use delivered by the Central Valley Project and

21 received or transferred by a Central Valley

22 Project contractor, and an amount equal to the

23 annual Central Valley Project power generation

24 (in kilowatt hours), net of project use, multi25 plied by 2.0 mils per kilowatt hour (October
49

•HR 2738 IH

1 1992 price levels) for power contractors: Pro2 vided further, That the charge imposed on agri3 cultural water shall be reduced, if necessary, to

4 an amount within the probable ability of the

5 water users to pay as determined and adjusted

6 by the Secretary no less than every five years:

7 Provided further, That the Secretary shall im8 pose an additional annual charge of $25 per

9 acre-foot (October 1992 price levels) for Central

10 Valley Project water sold or transferred, except

11 water sold or transferred under the right of

12 first refusal, to any State or local agency or

13 other entity which has not previously been a

14 Central Valley Project customer and which con15 tracts with the Secretary or any other individ16 ual or district receiving Central Valley Project

17 water to purchase or otherwise transfer any

18 such water for its own use for municipal and

19 industrial purposes, to be deposited in the Res20 toration Fund: And provided further, That upon

21 the completion of the fish, wildlife, and habitat

22 mitigation and restoration actions mandated

23 under section 3406 of this title, the Secretary

24 shall reduce the sums described in subsection

25 (c)(2) of this section to $35,000,000 per year
50

•HR 2738 IH

1 (October 1992 price levels) and shall reduce the

2 annual mitigation and restoration payment ceil3 ing established under this subsection to

4 $15,000,000 (October 1992 price levels) on a

5 three-year rolling average basis. The amount of

6 the mitigation and restoration payment made

7 by Central Valley Project water and power

8 users, taking into account all funds collected

9 under this title, shall, to the greatest degree

10 practicable, be assessed in the same proportion,

11 measured over a ten-year rolling average, as

12 water and power users’ respective allocations

13 for repayment of the Central Valley Project.’’.

14 (e) FUNDING TO NON-FEDERAL ENTITIES.—Section

15 3407(e) of the Central Valley Project Improvement Act

16 (106 Stat. 4728) is amended to read as follows:

17 ‘‘(e) FUNDING TO NON-FEDERAL ENTITIES.—

18 ‘‘(1) Except as provided by paragraph (2), if

19 the Secretary determines that the State of California

20 or an agency or subdivision thereof, an Indian tribe,

21 or a nonprofit entity concerned with restoration, pro22 tection, or enhancement of fish, wildlife, habitat, or

23 environmental values is able to assist in implement24 ing any action authorized by this title in an efficient,

25 timely, and cost-effective manner, the Secretary is
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•HR 2738 IH

1 authorized to provide funding to such entity on such

2 terms and conditions as he deems necessary to assist

3 in implementing the identified action.

4 ‘‘(2) The use of funding provided by the Sec5 retary to the State of California or other entity de6 scribed in section 3407(e)(1) pursuant to subsection

7 3407(a)(2) to assist in the implementation of

8 projects described in section 3406(c)(1)(A) shall be

9 as determined by the State of California or such

10 other entity and shall not be subjected to terms and

11 conditions imposed by the Secretary which are unac12 ceptable to the State of California or such other en13 tity.’’.

14 (f) RESTORATION FUND FINANCIAL REPORTS.—

15 Subsection (f) of section 3407 of the the Central Valley

16 Project Improvement Act (106 Stat. 4728) is amended—

17 (1) by striking ‘‘Committee on Interior and In18 sular Affairs, the Committee on Merchant Marine

19 and Fisheries,’’ and inserting ‘‘Committee on Re20 sources’’; and

21 (2) by striking ‘‘next upcoming’’ and inserting

22 ‘‘current’’.
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1 SEC. 108. ADDITIONAL AUTHORITIES.

2 (a) ELIGIBLE ORGANIZATIONS.—Section 3408(c) of

3 the Central Valley Project Improvement Act (106 Stat.

4 4728.) is amended by striking ‘‘nonprofit’’.

5 (b) ANNUAL REPORTS.—Section 3408(f) of the

6 Central Valley Project Improvement Act (106 Stat. 4729)

7 is amended—

8 (1) by striking out ‘‘Interior and Insular Affairs

9 and Merchant Marine and Fisheries’’ and inserting

10 in lieu thereof ‘‘Resources’’; and

11 (2) in the second sentence, by inserting before

12 the period at the end the following: ‘‘, including (but

13 not limited to) progress on the plan required by sub14 section (j)’’.

15 (c) PROJECT YIELD INCREASE AND JUDICIAL DE16 CREES.—Subsections (j) and (k) of section 3408 of the

17 Central Valley Project Improvement Act (106 Stat. 4730)

18 are amended to read as follows:

19 ‘‘(j) PROJECT YIELD INCREASE.—In order to mini20 mize adverse effects upon existing Central Valley Project

21 water contractors resulting from the water reserved for

22 fish and wildlife under this title, and to assist the State

23 of California in meeting its future water needs, the Sec24 retary shall, on a priority basis, not later than two years

25 after the date of enactment of the Central Valley Project

26 Reform Act of 1995, develop and submit to Congress, a
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1 least-cost plan to increase, as soon as possible but not

2 later than ten years after the date of enactment of this

3 title (except for the construction of new facilities which

4 shall not be limited by the ten year period), the yield of

5 the Central Valley Project by the amount reserved and

6 managed for fish and wildlife purposes under this title and

7 otherwise required to meet the purposes of the Central

8 Valley Project including, without limitation, satisfying

9 contractual obligations. In order to carry out this sub10 section, the Secretary is authorized and directed to coordi11 nate with the State of California in implementing meas12 ures for the long-term resolution of problems in the San

13 Francisco Bay/Sacramento-San Joaquin Delta Estuary.

14 The plan authorized by this subsection shall include (but

15 not be limited to) a description of how the Secretary in16 tends to use the following options:

17 ‘‘(1) Improvements in, modification of, or addi18 tions to the facilities and operations of the project

19 and construction of new water storage facilities.

20 ‘‘(2) Conservation.

21 ‘‘(3) Transfers.

22 ‘‘(4) Conjunctive use.

23 ‘‘(5) Purchase of water.

24 ‘‘(6) Purchase and idling of agricultural land.

25 ‘‘(7) Direct purchase of water rights.
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1 Such plan shall include recommendations on appropriate

2 cost-sharing arrangements and shall be developed in a

3 manner consistent with all applicable State and Federal

4 law. Such plan shall also include recommendations for au5 thorizing legislation or other measures, if any, needed to

6 implement the intent, purposes, and provisions of this sub7 section.

8 ‘‘(k) JUDICIAL DECREES.—Except as specifically

9 provided in this title, nothing in this title is intended to

10 alter the terms of any final judicial decree confirming or

11 determining water rights. Notwithstanding any other pro12 vision of reclamation law, the judgment entered December

13 30, 1986, by the United States District Court of the East14 ern District of California in the consolidated cases entitled

15 Barcellos and Wolfsen, Inc., et al. v. Westlands Water

16 District, et al. (No. CV 79–106 EDP) and Westlands

17 Water District, et al. v. United States, et al. (No. CV F

18 81–245 EDP), shall be deemed an existing long-term

19 water service contract, which shall be renewable pursuant

20 to section 3404(c) of this title.’’.

21 (d) TECHNICAL AMENDMENT.—Section 3408(h)(2)

22 of the Central Valley Project Improvement Act (106 Stat.

23 4729) is amended by striking out ‘‘(h)(i)’’ and inserting

24 in lieu thereof ‘‘(h)(1)’’.
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1 (e) STANISLAUS RIVER.—Section 3408 of the Central

2 Valley Project Improvement Act (106 Stat 4730) is

3 amended by adding at the end the following:

4 ‘‘(l)(1) The Secretary shall identify the water supply

5 impacts resulting from the reallocation of Stanislaus River

6 water for fish and wildlife purposes under this title, and

7 no later than two years after the date of enactment of

8 the Central Valley Project Reform Act of 1995, develop

9 and implement a plan to provide long term replacement

10 water in an amount equal to the identified water supply

11 impacts on out-of-basin entities and entities adjacent to

12 the watershed which have contracted with the Secretary

13 for water from the New Melones Project. In the event the

14 available yield of the New Melones Reservoir is insufficient

15 to meet the contractual needs of these districts, then the

16 Bureau shall provide an alternative supply at the contrac17 tual rate. Allocations for other Central Valley Project con18 tractors shall not be reduced as a result of deliveries from

19 New Melones Reservoir or any alternative source to the

20 Stockton East Water District and the Central San Joa21 quin Water Conservation District.

22 ‘‘(2) The plan developed under paragraph (1) shall

23 include (but not be limited to) utilization of exchange or

24 transfer of water facilitated by the Secretary in accord25 ance with California law, other conjunctive use facilities
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1 satisfactory to the contracting entities, and/or additional

2 diversion facilities. The construction of such facilities or

3 the allocation of costs associated with such facilities shall

4 be treated as nonreimbursible capital costs of the Bureau

5 and not result in increased allocation of costs to any

6 Central Valley Project contractor.’’.

7 SEC. 109. PREFERENCE CUSTOMER.

8 The Central Valley Project Improvement Act (106

9 Stat. 4706 et seq.) is amended by adding at the end the

10 following new section:

11 ‘‘SEC. 3413. PREFERENCE CUSTOMER.

12 ‘‘The first preference entitlement to electrical power

13 from the Central Valley Project provided to Calaveras and

14 Tuolumne Counties, California, by the Flood Control Act

15 of 1962 (Public Law 87–874) shall not be reduced by the

16 implementation of this title to a level that would fall below

17 25 percent of the ‘average annual amount of generation’

18 from the New Melones Project (as specified at page 2505,

19 section 2.3, of the January 16, 1985 Federal Register).

20 Such allocation shall not cause a reoperation of the New

21 Melones Project.’’.
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1 TITLE II—RECLAMATION

2 WASTEWATER AND GROUND3 WATER STUDY AND FACILI4 TIES

5 SEC. 201. SHORT TITLE.

6 This title may be cited as the ‘‘Reclamation Recycling

7 and Water Conservation Act of 1995’’.

8 SEC. 202. WATER RECYCLING PROJECTS.

9 Section 1602 of the Reclamation Projects Authoriza10 tion and Adjustment Act of 1992 (43 U.S.C. 390h) is

11 amended by adding at the end the following:

12 ‘‘(e)(1) The Secretary, in cooperation with the appro13 priate State and local authorities, is authorized to partici14 pate in the design, planning, and construction of the fol15 lowing water reclamation and reuse projects:

16 ‘‘(A) The North San Diego County Area Water

17 Recycling Project, consisting of projects to reclaim

18 and reuse water in service areas of the San Elijo

19 Joint Powers Authority, the Leucadia County Water

20 District, the City of Carlsbad, and the Olivenhain

21 Water District, California.

22 ‘‘(B) The Calleguas Municipal Water District

23 Recycling Project to reclaim and reuse water in the

24 service area of the Calleguas Municipal Water Dis25 trict in Ventura County, California.
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1 ‘‘(C) The Central Valley Water Recycling

2 Project to reclaim and reuse water in the service

3 areas of the Central Valley Reclamation Facility and

4 the Salt Lake County Water Conservancy District in

5 Utah.

6 ‘‘(D) The St. George Area Water Recycling

7 Project to reclaim and reuse water in the service

8 area of the Washington County Water Conservancy

9 District in Utah.

10 ‘‘(E) The Watsonville Area Water Recycling

11 Project, in cooperation with the City of Watsonville,

12 California, to reclaim and reuse water in the Pajaro

13 Valley in Santa Cruz County, California.

14 ‘‘(F) The Southern Nevada Water Recycling

15 Project to reclaim and reuse water in the service

16 area of the Southern Nevada Water Authority in

17 Clark County, Nevada, including an operable unit to

18 reclaim industrial water at the Basic industrial site

19 in Henderson, Nevada.

20 ‘‘(G) The Albuquerque Metropolitan Area

21 Water Reclamation and Reuse Study, in cooperation

22 with the city of Albuquerque, New Mexico, to re23 claim and reuse industrial and municipal wastewater

24 and reclaim and use naturally impaired ground

25 water in the Albuquerque metropolitan area.
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1 ‘‘(H) The El Paso Water Reclamation and

2 Reuse Project to reclaim and reuse wastewater in

3 the service area of the El Paso Water Utilities Pub4 lic Service Board.

5 ‘‘(I) The City of Pasadena, California, re6 claimed water project to obtain, store, and use re7 claimed water in Pasadena and its service area as

8 well as neighboring communities.

9 ‘‘(J) Phase 1 of the Orange County Regional

10 Water Reclamation Project, which will reclaim and

11 reuse water within the service area of the

12 OrangeCounty Water District in California.

13 ‘‘(K) The City of West Jordan Water Reuse

14 Project to recycle and reuse water in their service

15 area from the South Valley Water Reclamation Fa16 cility Discharge Waters in Utah.

17 ‘‘(L) The Hi-Desert Water District in Yucca

18 Valley, California wastewater collection and

19 wastewater treatment system in their service area.

20 ‘‘(M) The City of Oceanside, for the design,

21 planning, and construction of a 3,000,000 gallon per

22 day expansion of the Mission Basin Brackish

23 Groundwater Desalting Demonstration Project in

24 Oceanside, California.
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1 ‘‘(N) The Water Replenishment District of

2 Southern California, city of Long Beach and the Or3 ange County Water District in the State of Califor4 nia, and other appropriate authorities, to participate

5 in the design, planning, and construction of water

6 reclamation and reuse projects to treat approxi7 mately 10,000 acre-feet per year of effluent from the

8 city of Long Beach.

9 ‘‘(O) The San Joaquin Area Water Recycling

10 and Reuse Project, in cooperation with the City of

11 Tracy, and consisting of participating projects which

12 will reclaim and reuse water within the County of

13 San Joaquin in California.

14 ‘‘(2) The Federal share of the cost of a project de15 scribed in paragraph (1) shall not exceed 25 percent of

16 the total cost.

17 ‘‘(3) The Secretary shall not provide funds for the

18 operation or maintenance of a project described in para19 graph (1).’’.

20 SEC. 203. DESALINATION RESEARCH AND DEVELOPMENT

21 PROJECT.

22 Section 1605 of the Reclamation Projects Authoriza23 tion and Adjustment Act of 1992 (43 U.S.C. 390h–3) is

24 amended—
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1 (1) by designating the existing text as sub2 section (a); and

3 (2) by adding at the end the following:

4 ‘‘(b)(1) The Secretary, in cooperation with the city

5 of Long Beach, the Central Basin Municipal Water Dis6 trict, and the Metropolitan Water District of Southern

7 California may participate in the design, planning, and

8 construction of the Long Beach Desalination Research

9 and Development Project in Los Angeles County, Califor10 nia.

11 ‘‘(2) The Federal share of the cost of the project de12 scribed in paragraph (1) shall not exceed 50 percent of

13 the total.

14 ‘‘(3) The Secretary shall not provide funds for the

15 operation or maintenance of the project described in para16 graph (1).’’.

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