I

104TH CONGRESS

1ST SESSION H. R. 1906

To amend the Central Valley Project Improvement Act, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 21, 1995

Mr. DOOLITTLE (for himself, Mr. RADANOVICH, Mr. CONDIT, Mr. THOMAS,

Mr. HERGER, Mr. FAZIO of California, Mr. POMBO, and Mr. DOOLEY)

introduced the following bill; which was referred to the Committee on Resources

A BILL

To amend the Central Valley Project Improvement 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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Central Valley Project

5 Reform Act of 1995’’.

6 SEC. 2. PURPOSE.

7 Section 3402(f) of the Central Valley Project Im8 provement Act (106 Stat. 4706) is amended to read as

9 follows:
2

•HR 1906 IH

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

2 Central Valley Project in a manner to achieve a rea3 sonable balance among competing demands for use

4 of Central Valley Project water, including the re5 quirements of fish and wildlife, agricultural, munici6 pal and industrial and power contractors.’’.

7 SEC. 3. DEFINITIONS.

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

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

10 is amended to read as follows:

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

12 stocks of Salmon (including steelhead) that ascend

13 the Sacramento and San Joaquin rivers and their

14 tributaries and the Sacramento-San Joaquin Delta

15 to reproduce after maturing in San Francisco Bay

16 or the Pacific Ocean;’’.

17 (b) CENTRAL VALLEY PROJECT WATER.—Section

18 3403(f) of the Central Valley Project Improvement Act

19 (106 Stat. 4707) is amended to read as follows:

20 ‘‘(f) the term ‘Central Valley Project water’

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

22 or delivered by the Secretary in accordance with the

23 statutes authorizing the Central Valley Project and

24 in accordance with the terms and conditions of water
3

•HR 1906 IH

1 rights permits or licenses acquired by or issued to

2 the United States pursuant to California law;’’.

3 (c) REPAYMENT AND WATER SERVICE CON4 TRACTS.—Section 3403(k) of the Central Valley Project

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

6 as follows:

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

8 service contract’ have the same meaning as provided

9 in sections 9(d) and 9(e) of the Reclamation Project

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

11 such terms do not include those contracts which con12 tain terms or agreements for water right settle13 ments, such as those on the Sacramento River, or

14 water right exchanges, notwithstanding that such

15 contracts may also include provisions which are the

16 same or similar to those contained in repayment or

17 water service contracts;’’.

18 SEC. 4. LIMITATION ON CONTRACTING AND CONTRACT RE19 FORM.

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

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

22 is amended to read as follows:

23 ‘‘(a) NEW CONTRACTS.—Except as provided in sub24 section (b) of this section, the Secretary shall not enter

25 into any new short-term, temporary, or long-term con-
4

•HR 1906 IH

1 tracts or agreements for water supply from the Central

2 Valley Project for any purpose other than fish and wildlife

3 before the Secretary has completed appropriate environ4 mental review, including the preparation of the environ5 mental impact statement required in section 3409 of this

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

7 meet the existing contractual and legal obligations of the

8 Secretary relative to the Central Valley Project.’’.

9 (b) RENEWAL OF EXISTING LONG-TERM CON10 TRACTS.—Section 3404 of the Central Valley Project Im11 provement Act (106 Stat. 4708) is amended—

12 (1) by amending subsection (c) to read as fol13 lows:

14 ‘‘(c) RENEWAL OF EXISTING LONG-TERM CON15 TRACTS.—Notwithstanding the provisions of the Act of

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

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

18 service contracts which provide for the delivery of water

19 from the Central Valley Project for a period of twenty20 five years and shall renew such contracts for successive

21 periods of 25 years each.

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

23 appropriate environmental review, including the

24 preparation of the environmental impact statement

25 required in section 3409 of this title, has been com-
5

•HR 1906 IH

1 pleted. Contracts which expire prior to the comple2 tion of the environmental impact statement required

3 by section 3409 shall, upon request of the other con4 tracting party, be renewed for an interim period

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

6 with respect to each such contract becomes effective.

7 Such interim renewal contracts shall be modified to

8 comply with existing law, including provisions of this

9 title. Upon request of the other contracting party,

10 the Secretary shall execute an amendment to extend

11 the term of any interim renewal contract entered

12 into under this paragraph before the enactment of

13 the Central Valley Project Reform Act of 1995 in

14 accordance with this title. Notwithstanding any

15 other provision of law, all contracts renewed by the

16 Secretary since January 1, 1988, but before the en17 actment of this title are hereby validated and rati18 fied in all respects as of their respective dates of

19 execution, except that all water delivered pursuant to

20 such renewed contracts shall be subject to payment

21 of the charges mandated in sections 3406(c)(1)(D)

22 and 3407(d) of this title.

23 ‘‘(2) Upon renewal of any long-term repayment

24 or water service contract providing for the delivery

25 of water from the Central Valley Project, the Sec-
6

•HR 1906 IH

1 retary shall incorporate all requirements imposed by

2 existing law, including provisions of this title, within

3 such renewed contracts. The Secretary shall also ad4 minister all existing, new, and renewed contracts in

5 conformance with the requirements and goals of this

6 title.’’; and

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

8 new subsection:

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

10 this section shall, upon request of the other contracting

11 party, include a provision which requires the Secretary to

12 charge such party only for water actually delivered by the

13 Secretary.’’.

14 SEC. 5. WATER TRANSFERS, IMPROVED WATER MANAGE15 MENT AND CONSERVATION.

16 (a) CONDITIONS FOR TRANSFER.—The matter pre17 ceding subparagraph (A) in section 3405(a)(1) of the

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

19 is amended to read as follows:

20 ‘‘(1) CONDITIONS FOR TRANSFERS.—All trans21 fers of Central Valley Project water authorized by

22 the subsection shall be subject to review and ap23 proval by the Secretary and the contracting district

24 or agency under the conditions specified in this sub25 section:’’.
7

•HR 1906 IH

1 (b) TECHNICAL AMENDMENT.—Section

2 3405(a)(1)(A) of the Central Valley Project Improvement

3 Act (106 Stat. 4710) is amended by striking ‘‘to combina4 tion’’ and inserting ‘‘or combination’’.

5 (c) APPROVAL OF TRANSFER REQUEST.—Subpara6 graphs (J), (K), (L), and (M) of section 3405(a)(1) of

7 the Central Valley Project Improvement Act (106 Stat.

8 4711) are amended to read as follows:

9 ‘‘(J) The contracting district or agency

10 shall either approve the transfer request subject

11 to reasonable conditions or deny the transfer re12 quest subject to making findings supporting a

13 reasonable basis for the denial. The conditions

14 or findings shall only relate to the proposed

15 transfer’s impacts on any of the following:

16 ‘‘(i) The quantity and quality of the

17 water supply available to the contracting

18 district or agency and its water users, in19 cluding impacts to ground water quantity

20 and quality.

21 ‘‘(ii) The contracting district or agen22 cy’s operations, including (but not limited

23 to) the ability of the contracting district or

24 agency to meet its delivery obligations, ob25 tain additional water supplies, and under-
8

•HR 1906 IH

1 take conservation measures, exchanges,

2 transfers, ground water storage, water

3 banking arrangements, or conjunctive use

4 programs.

5 ‘‘(iii) The contracting district or agen6 cy’s financial condition and the cost of pro7 viding water service.

8 ‘‘(iv) The appropriate maintenance of

9 fallowed land.

10 ‘‘(v) Other relevant factors that may

11 create an adverse financial, operations or

12 water supply impact on the contracting

13 district or agency, its water users, or the

14 local community.

15 ‘‘(K) The Secretary shall not alter an ap16 proval or denial by the contracting district or

17 agency under subparagraph (J) of this section

18 unless the Secretary determines, consistent with

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

20 transfer would result in a significant reduction

21 in the quantity or decrease in the quality of

22 water supplies currently used for fish and wild23 life purposes, except in the event that the Sec24 retary determines pursuant to findings setting

25 forth the basis for such determination that such
9

•HR 1906 IH

1 adverse effects would be more than offset by

2 the benefits of the proposed transfer. In the

3 event of such a determination, the Secretary

4 shall develop and implement alternative meas5 ures and mitigation activities as integral and

6 concurrent elements of any such transfer to

7 provide fish and wildlife benefits substantially

8 equivalent to those lost as a consequence of

9 such transfer.

10 ‘‘(L) Transfers between Central Valley

11 Project contractors within counties, watersheds,

12 or other areas of origin, as those terms are uti13 lized under California law, shall be deemed to

14 meet the conditions set forth in subparagraphs

15 (A) and (I) of this paragraph.’’.

16 (d) TRANSFERS AFTER SEPTEMBER 30, 1999.—Sec17 tion 3405(a)(3) of the Central Valley Project Improve18 ment Act (106 Stat. 4712) is amended to read as follows:

19 ‘‘(3) TRANSFERS AFTER SEPTEMBER 30, 1999.—

20 Transfers executed after September 30, 1999, shall

21 only be governed by the provisions of sections

22 3405(a)(1)(A)–(C), (E), (F), (G), (H), (I), (K), and

23 (L) of this title, and by State law.’’.

24 (e) TRANSFERS, EXCHANGES, AND BANKING AR25 RANGEMENTS UNDER PRIOR LAW.—Section 3405(a) of
10

•HR 1906 IH

1 the Central Valley Project Improvement Act (106 Stat.

2 4709) is amended by adding at the end the following:

3 ‘‘(4) TRANSFERS, EXCHANGES, AND BANKING

4 ARRANGEMENTS UNDER PRIOR LAW.—Notwithstand5 ing any other provision of law, the authority to make

6 transfers, exchanges, and banking arrangements of

7 Central Valley Project water which could have been

8 conducted prior to the enactment of this title is con9 tinued hereby, and such transfers, exchanges, and

10 banking arrangements shall not be subject to, lim11 ited, or conditioned by this title.’’.

12 (f) MEASUREMENT OF WATER USE REQUIRED.—

13 The heading of subsection (b) of section 3405 of the

14 Central Valley Project Improvement Act (106 Stat. 4712)

15 is amended by striking ‘‘METERING’’ and inserting

16 ‘‘MEASUREMENT’’.

17 (g) WATER CONSERVATION STANDARDS.—Section

18 3405 of the Central Valley Project Improvement Act (106

19 Stat. 4709) is amended by striking out subsection (d), re20 designating subsections (e) and (f) as subsections (d) and

21 (e), and amending subsections (d) and (e) (as so redesig22 nated) to read as follows:

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

24 Secretary shall establish and administer an office of

25 Central Valley Project water conservation best manage-
11

•HR 1906 IH

1 ment practices that shall, in consultation with the Sec2 retary of Agriculture, the California Department of Water

3 Resources, California academic institutions, and Central

4 Valley Project water users, develop criteria for evaluating

5 the adequacy of all water conservation plans developed by

6 project contractors, including those plans required by sec7 tion 210 of the Reclamation Reform Act of 1982. In devel8 oping the criteria described in this paragraph for refuges,

9 in addition to consulting with the Secretary of Agriculture,

10 the California Department of Water Resources, California

11 academic institutions, and Central Valley Project water

12 users, the Secretary shall consult with the California De13 partment of Fish and Game.

14 ‘‘(2) Criteria developed pursuant to this subsection

15 shall apply only to Central Valley Project water and shall

16 be established within six months following enactment of

17 this title and shall be reviewed periodically thereafter, but

18 no less than every five years, with the purpose of promot19 ing the highest level of water use efficiency reasonably

20 achievable by project contractors using best available cost21 effective technology and best management practices. The

22 criteria shall include, but not be limited to agricultural

23 water suppliers’ efficient water management practices de24 veloped pursuant to California State law or reasonable al25 ternatives. The conservation guidelines and criteria may
12

•HR 1906 IH

1 include only those management practices and conservation

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

3 achieve significant water conservation and efficient man4 agement of water resources without unreasonably burden5 ing project contractors or their water users, (B) are dem6 onstrated by the Secretary to be practices or measures

7 that are cost-effective and economically feasible under ap8 plicable circumstances, and (C) take into consideration the

9 amount of water under contract to the project contractor,

10 probable Central Valley Project water supply, economic re11 sources, geography, and other factors relevant to that

12 project contractor.

13 ‘‘(3) The Secretary, through the office established

14 under this subsection, shall review and evaluate within 18

15 months following enactment of this title all existing con16 servation plans submitted by project contractors to deter17 mine whether they meet the conservation and efficiency

18 criteria established pursuant to this subsection.

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

20 water conservation plan within 90 days after such plan

21 is submitted under this subsection. A water conservation

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

23 to approve or disapprove such plan within such 90-day pe24 riod.
13

•HR 1906 IH

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

2 water user pursuant to a plan approved under this sub3 section shall accrue, in a manner consistent with State

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

5 user.

6 ‘‘(6) Compliance with conservation guidelines and cri7 teria developed pursuant to this subsection shall be

8 deemed compliance with section 210 of the Reclamation

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

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

11 received by the Secretary which exceed the cost of service

12 rate applicable to the delivery of water transferred from

13 irrigation use to municipal and industrial use under sub14 section (a) shall be covered to the Restoration Fund.’’.

15 SEC. 6. FISH, WILDLIFE AND HABITAT RESTORATION.

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

17 the Central Valley Project Improvement Act (106 Stat.

18 4714) is amended by adding at the end the following new

19 subsection:

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

21 programs and activities authorized by this section, the

22 Secretary shall be deemed to have met the mitigation, pro23 tection, restoration, and enhancement purposes of section

24 2 of the Act of August 26, 1937 (ch. 832, 50 Stat. 850),

25 as amended.’’.
14

•HR 1906 IH

1 (b) FISH AND WILDLIFE RESTORATION ACTIVI2 TIES.—(1) The matter preceding subparagraph (A) of sec3 tion 3406(b)(1) of the Central Valley Project Improve4 ment Act (106 Stat. 4714) is amended to read as follows:

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

6 its goal of doubling production of anadromous fish

7 in Central Valley rivers and streams in accordance

8 with the program specified in the report prepared by

9 the California Department of Fish and Game enti10 tled ‘Central Valley Salmon and Steelhead Restora11 tion and Enhancement Plan’, dated April 1990,

12 through the actions specified in this subsection, with

13 priority given to those actions specified in para14 graphs (4) through (22): Provided, That this goal

15 shall not apply to the San Joaquin River between

16 Friant Dam and the Mendota Pool, for which sepa17 rate provision has been made under section 3406(c)

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

19 assisting the State of California, the Secretary shall

20 make all reasonable efforts consistent with the re21 quirements of this section to address other identified

22 adverse environmental impacts of the Central Valley

23 Project not specifically enumerated in this section.’’.
15

•HR 1906 IH

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

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

3 4714) are amended to read as follows:

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

5 program, the Secretary is authorized and di6 rected to modify Central Valley Project oper7 ations to provide reasonable flows of suitable

8 quality, quantity, and timing to protect all life

9 stages of anadromous fish, except that such

10 flows shall be provided from the quantity of

11 water reserved for fish, wildlife, and habitat

12 restoration purposes under paragraph (2) of

13 this subsection; from the water supplies ac14 quired pursuant to paragraph (3) of this sub15 section; and from other sources which do not

16 conflict with fulfillment of the Secretary’s re17 maining contractual obligations to provide

18 Central Valley Project water for other author19 ized purposes. Reasonable instream flow needs

20 for all Central Valley Project controlled streams

21 and rivers shall be determined by the Secretary

22 based on recommendations of the United States

23 Fish and Wildlife Service after consultation

24 with the California Department of Fish and

25 Game.
16

•HR 1906 IH

1 ‘‘(C) The Secretary shall cooperate with

2 the State of California to ensure that, to the

3 greatest degree practicable, the specific quan4 tities of Central Valley Project water reserved

5 and managed for fish and wildlife purposes

6 under this title are credited against any addi7 tional obligations of the Central Valley Project

8 which may be imposed by the State of Califor9 nia following enactment of this title, including

10 but not limited to increased flow and reduced

11 export obligations which may be imposed by the

12 California State Water Resources Control

13 Board in implementing San Francisco Bay/Sac14 ramento-San Joaquin Delta Estuary standards

15 pursuant to the review ordered by the Califor16 nia Court of Appeals in United States v. State

17 Water Resources Control Board, 182 Cal. App.

18 3d 82 (1986), and that, to the greatest degree

19 practicable, the programs and plans required by

20 this title are developed and implemented in a

21 way that avoids inconsistent or duplicative obli22 gations from being imposed upon Central Valley

23 Project water and power contractors.’’.
17

•HR 1906 IH

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

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

3 as follows:

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

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

6 Project water, excluding any Central Valley Project

7 water delivered under the Contract for Exchange of

8 Waters described in subsection (c)(1)(C) of this sec9 tion for the purposes of (A) implementing the fish,

10 wildlife, and habitat restoration purposes and meas11 ures authorized by this title; (B) assisting the State

12 of California in its efforts to protect the waters of

13 the San Francisco Bay/Sacramento-San Joaquin

14 Delta Estuary; and (C) helping to meet such obliga15 tions as may be legally imposed upon the Central

16 Valley Project under State or Federal law following

17 the date of enactment of this title, including (but

18 not limited to) additional obligations under the En19 dangered Species Act of 1973: Provided, That all

20 Central Valley Project water used to assist the State

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

22 San Francisco Bay/Sacramento-San Joaquin Delta

23 Estuary and to help meet such obligations as may

24 be legally imposed upon the Central Valley Project

25 under State or Federal law following the date of en-
18

•HR 1906 IH

1 actment of this title, including (but not limited to)

2 additional obligations under the Endangered Species

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

4 Valley Project water so reserved under this para5 graph: Provided further, That the Central Valley

6 Project water reserved under this paragraph shall

7 not be used to increase the flow of water through

8 the San Francisco Bay/Sacramento-San Joaquin

9 Delta Estuary beyond that required to meet the re10 quirements of the Bay/Delta Water Quality Control

11 Plan, as may be amended or modified, or the En12 dangered Species Act of 1973. To the fullest extent

13 possible and in accordance with section 3411 of this

14 title, after using a quantity of such 800,000 acre15 feet of water for fish and wildlife purposes pursuant

16 to this paragraph, the Secretary shall reuse or divert

17 such quantity of water for agricultural or municipal

18 and industrial purposes.

19 ‘‘(A) Such quantity of water shall be in ad20 dition to the quantities needed to implement

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

22 all water allocated pursuant to paragraph (23)

23 of this subsection for release to the Trinity

24 River for the purposes of fishery restoration,

25 propagation, and maintenance; and shall be
19

•HR 1906 IH

1 supplemented by all water that comes under the

2 Secretary’s control pursuant to subsection

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

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

5 this subsection.

6 ‘‘(B) Such quantity of water shall be man7 aged pursuant to reasonable conditions speci8 fied by the United States Fish and Wildlife

9 Service after consultation with the Bureau of

10 Reclamation and the California Department of

11 Water Resources and in cooperation with the

12 California Department of Fish and Game.

13 ‘‘(C) The Secretary may temporarily re14 duce deliveries of the quantity of water reserved

15 under this paragraph up to 25 percent of such

16 total whenever reductions are imposed upon ag17 ricultural water service contractors; Provided,

18 That such reductions shall not exceed in per19 centage terms the reductions imposed on agri20 cultural water service contractors; Provided fur21 ther, That nothing in this subsection or sub22 section (d) shall require the Secretary to oper23 ate the project in a way that jeopardizes human

24 health or safety.
20

•HR 1906 IH

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

2 under this paragraph, or any portion thereof, is

3 not needed for the purposes of this section,

4 based on a finding by the Secretary, the Sec5 retary is authorized to make such water avail6 able for other project purposes.’’.

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

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

9 as follows:

10 ‘‘(3) develop and implement a program in co11 ordination and in conformance with the plan re12 quired under paragraph (1) of this subsection for

13 the acquisition of a water supply to supplement the

14 quantity of water reserved for fish and wildlife pur15 poses under paragraph (2) of this subsection and to

16 fulfill the Secretary’s obligations under subsection

17 (d)(2). The program should identify how the Sec18 retary intends to utilize, in particular the following

19 options: improvements in or modifications of the op20 erations of the project; water banking; conservation;

21 transfers; conjunctive use; and temporary and per22 manent land fallowing, including purchase, lease,

23 and option of water, water rights, and associated ag24 ricultural land.’’.
21

•HR 1906 IH

1 (5) Section 3406(b) of the Central Valley Project Im2 provement Act (106 Stat. 4714) is amended by striking

3 paragraph (18) and by redesignating paragraphs (19)

4 through (23) as paragraphs (18) through (22), respec5 tively.

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

7 Improvement Act (106 Stat. 4716), as amended by para8 graph (5) of this subsection, is amended to read as follows:

9 ‘‘(22)(A) In order to meet Federal trust respon10 sibilities to protect the fishery resources of the

11 Hoopa Valley Tribe, and to meet the fishery restora12 tion goals of the Act of October 24, 1984, Public

13 Law 98–541, provide through the Trinity River Di14 vision, for water years 1992 through 1996, an

15 instream release of water to the Trinity River of not

16 less than three hundred and forty thousand acre-feet

17 per year for the purposes of fishery restoration,

18 propagation, and maintenance.

19 ‘‘(B) By September 30, 1996, the Secretary,

20 after consultation with the Hoopa Valley Tribe, shall

21 complete the Trinity River Flow Evaluation Study

22 currently being conducted by the United States Fish

23 and Wildlife Service under the mandate of the

24 Secretarial Decision of January 14, 1981, in a

25 manner which ensures the development of rec-
22

•HR 1906 IH

1 ommendations, based on the best available scientific

2 data, regarding permanent instream fishery flow re3 quirements and Trinity River Division operating cri4 teria and procedures for the restoration and mainte5 nance of the Trinity River fishery.

6 ‘‘(C) Not later than December 31, 1996, the

7 Secretary shall forward the recommendations of the

8 Trinity River Flow Evaluation Study, referred to in

9 subparagraph (B) of this paragraph, to the Commit10 tee on Energy and Natural Resources and the Select

11 Committee on Indian Affairs of the Senate and the

12 Committee on Resources of the House of Represent13 atives. If the Secretary and the Hoopa Valley Tribe

14 concur in these recommendations, any increase to

15 the minimum Trinity River instream fishery releases

16 established under this paragraph and the operating

17 criteria and procedures referred to in subparagraph

18 (A) shall be implemented in accordance with sub19 paragraph (D). If the Hoopa Valley Tribe and the

20 Secretary do not concur, the minimum Trinity River

21 instream fishery releases established under subpara22 graph (A) shall remain in effect unless increased by

23 an Act of Congress, appropriate judicial decree, or

24 agreement between the Secretary and the Hoopa
23

•HR 1906 IH

1 Valley Tribe implemented in accordance with sub2 paragraph (D).

3 ‘‘(D) The Secretary may only implement rec4 ommendations pursuant to the study referred to in

5 subparagraph (B) relating to instream flows through

6 a rulemaking process under chapter 5 of title 5,

7 United States Code (relating to administrative pro8 cedure), with a comment period of not less than 60

9 days and not more than 180 days. The studies and

10 data on which such recommendations are based shall

11 be available for public review.

12 ‘‘(E) Any recommendation implemented pursu13 ant to subparagraph (D) shall provide for a variance

14 in the instream flow to take into account differing

15 hydrologic and reservoir storage conditions.

16 ‘‘(F) Costs associated with implementation of

17 this paragraph shall be reimbursable as operation

18 and maintenance expenditures pursuant to existing

19 law.’’.

20 (7) Section 3406(c) of the Central Valley Project Im21 provement Act (106 Stat. 4721) is amended to read as

22 follows:

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

24 (1)(A) In furtherance of the purposes of this title, the Sec25 retary shall cooperate with the State of California and
24

•HR 1906 IH

1 local agencies and entities that impound and/or divert

2 water tributary to the San Joaquin River in the develop3 ment and implementation of projects to—

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

5 Tuolumne, Merced, and San Joaquin Rivers and ex6 ports at the Tracy and Banks pumping plants to fa7 cilitate increased survival of San Joaquin River chi8 nook salmon;

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

10 San Joaquin River and its tributaries to identify, re11 store, and improve channel and riffle locations, to

12 clean spawning gravel of fine sediments, and to re13 duce sediment input from near stream and water14 shed areas due to erosion and land management

15 practices;

16 ‘‘(iii)(I) establish a gene bank to ensure protec17 tion of San Joaquin River fall-run chinook salmon

18 genetic material in the event of catastrophic loss,

19 (II) selectively harvest hatchery fish to encourage in20 creases in wild stocks of San Joaquin River fall-run

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

22 River fall-run chinook salmon to allow their identi23 fication in ocean and inland fisheries, (IV) capture

24 and breed wild San Joaquin River fall-run chinook

25 salmon to enhance wild populations, and (V) estab-
25

•HR 1906 IH

1 lish a genetic advisory committee to provide advice

2 to the Secretary on the protection of San Joaquin

3 River fall-run chinook salmon genetic material,

4 which committee shall be composed of experts from

5 academia, fishery management agencies, and water

6 management agencies;

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

8 on the San Joaquin River and tributary channels for

9 the purposes of estimating the current overall water

10 quality conditions in the San Joaquin Basin, which

11 information shall be made available for water man12 agers to coordinate water management decisions;

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

14 riparian corridor of the San Joaquin River and its

15 tributaries, including areas on both sides of river

16 channels where flood frequency is sufficient to sus17 tain riparian vegetation with the goals to restore

18 areas where the corridor is gone and to develop ac19 tion items for riparian vegetation where the value of

20 fish and wildlife is reduced by land use practices;

21 ‘‘(vi) initiate a program of screening water di22 versions in the San Joaquin River, its tributaries

23 and estuary, which program will locate, inventory,

24 prioritize and select candidate sites and include in25 stallation and long-term maintenance as necessary;
26

•HR 1906 IH

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

2 and/or mechanical solutions as appropriate in the

3 Stanislaus, Tuolumne, and Merced rivers to attract

4 and provide access to adult San Joaquin River chi5 nook salmon and maintain suitable water tempera6 tures for spawning: Provided, That any increase in

7 flows shall be implemented only through purchase of

8 water from willing sellers, water augmentation

9 projects, and/or additional storage to increase export

10 flexibility or other similar voluntary means: Provided

11 further, That flow increases shall be integrated with

12 physical and mechanical solutions which can lead to

13 improved guidance flows and water quality in the

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

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

16 Rough and Ready Island;

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

18 River chinook salmon stocks in the ocean and estua19 rine fisheries, mark all hatchery-produced San Joa20 quin River chinook salmon, evaluate San Joaquin

21 River chinook salmon ‘shaker’ mortality, and coordi22 nate additional salmon management practices which

23 will contribute to increasing salmon reproduction

24 and survivability;
27

•HR 1906 IH

1 ‘‘(ix) undertake measures to reduce salmon

2 predator populations in the San Joaquin River, its

3 tributaries, and other areas such as Clifton Court

4 Forebay, including (but not limited to) encouraging

5 predator harvest, voluntary increases in flows during

6 spring outmigration, reducing water temperatures in

7 summer, increasing turbidity during outmigration,

8 removing predator concentrating features, and modi9 fying channels to isolate predator habitat; and

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

11 October to December of a barrier to divert returning

12 adult San Joaquin River chinook salmon from the

13 San Joaquin River into the Merced River, including

14 acquisition of a site at the confluence of the San

15 Joaquin River and the Merced River for barrier in16 stallation and operation;

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

18 River Conservancy to assist in its overall efforts, in19 cluding, but not limited to, land acquisition, natural

20 resource surveys, and environmental studies that

21 may be necessary for successful implementation of

22 the San Joaquin River Parkway; and

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

24 annual operating budget for the hatchery at the

25 Tuolumne River Salmon Restoration Center.
28

•HR 1906 IH

1 ‘‘(B) Funding for the projects described in subpara2 graph (A) shall be provided under sections 3407(b) and

3 3407(e). Funds provided pursuant to such sections may

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

5 habitat concerns on the San Joaquin River downstream

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

7 flow, channel, riparian habitat, and water quality improve8 ments, until the Secretary determines that such action is

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

10 subject to subparagraph (C).

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

12 been its intent to prohibit all releases of water directly

13 from Friant Dam into the San Joaquin River other than

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

15 the requirements of that certain Contract for Exchange

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

17 of America, the San Joaquin & Kings River Canal & Irri18 gation Company, Incorporated, the Columbia Canal Com19 pany, the San Luis Canal Company and the Firebaugh

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

21 satisfying those contractual obligations of the Secretary

22 which existed on the date of enactment of this title to pro23 vide water to landowners located between Friant Dam and

24 Gravelly Ford. Therefore, notwithstanding any State or

25 other Federal law, water shall not be released directly
29

•HR 1906 IH

1 from Friant Dam into the San Joaquin River except for

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

3 the preceding sentence.

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

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

6 title, entities receiving Central Valley Project water from

7 the Friant Division of the Central Valley Project shall be

8 assessed, in addition to all other applicable charges, a sur9 charge for all Class 1 and Class 2 water delivered in an

10 amount that will result in collection, during each fiscal

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

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

13 2 water delivered in excess of 50 percent of the amount

14 of Class 2 water to which a contracting party is contrac15 tually entitled.

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

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

18 shall otherwise alter the applicability or inapplicability of

19 State or other Federal law to entities receiving Central

20 Valley Project water from the Friant Division of the

21 Central Valley Project.

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

23 30, 1996, in the course of preparing the Stanislaus River

24 Basin and Calaveras River Water Use Program Environ25 mental Impact Statement and in consultation with the
30

•HR 1906 IH

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

2 evaluate and determine existing and anticipated future

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

4 of such evaluation, the Secretary shall investigate alter5 native storage, release, and delivery regimes, including but

6 not limited to conjunctive use operations, conservation

7 strategies, exchange arrangements, and the use of base

8 and channel maintenance flows, in order to best satisfy

9 both basin and out-of-basin needs consistent, on a continu10 ing basis, with the limitations and priorities established

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

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

13 water supply for agricultural, municipal and industrial

14 uses, and maintenance and enhancement of water quality,

15 and fish and wildlife resources within the Stanislaus River

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

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

18 all such needs outside of the Stanislaus River Basin, in19 cluding those of the San Francisco Bay/Sacramento-San

20 Joaquin Delta Estuary and those of the San Joaquin

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

22 (8) Section 3406(d) of the Central Valley Project Im23 provement Act (106 Stat. 4722) is amended to read as

24 follows:
31

•HR 1906 IH

1 ‘‘(d) CENTRAL VALLEY REFUGES AND WILDLIFE

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

3 Central Valley Habitat Joint Venture and in furtherance

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

5 either directly or through contractual agreements with

6 other appropriate parties, firm water supplies of suitable

7 quality to maintain and improve wetland habitat areas on

8 units of the National Wildlife Refuge System in the

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

10 Banos, Volta, North Grasslands, and Mendota state wild11 life management areas; and on the Grasslands Resources

12 Conservation District in the Central Valley of California.

13 ‘‘(2) Upon enactment of this title and subject to para14 graph (8) of this subsection, the quantity and delivery

15 schedules of water measured at the boundaries of each

16 wetland habitat area described in this paragraph shall be

17 in accordance with level 2 of the ‘Dependable Water Sup18 ply Needs’ table for those habitat areas as set forth in

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

20 water supply needed for full habitat development for those

21 habitat areas identified in the San Joaquin Basin Action

22 Plan/Kesterson Mitigation Action Plan Report prepared

23 by the Bureau of Reclamation. Such water shall be pro24 vided through long-term contractual agreements with ap25 propriate parties and shall be supplemented by the incre-
32

•HR 1906 IH

1 ment of water provided for in paragraph (3) of this sub2 section: Provided, That the Secretary shall be obligated

3 to provide such water whether or not such long-term con4 tractual agreements are in effect. In implementing this

5 paragraph, the Secretary shall endeavor to diversify

6 sources of supply in order to minimize possible adverse

7 effects upon Central Valley Project contractors.

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

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

10 quantity and delivery schedules of water measured at the

11 boundaries of each wetland habitat area described in this

12 paragraph shall be in accordance with level 4 of the ‘De13 pendable Water Supply Needs’ table for those habitat

14 areas as set forth in the Refuge Water Supply Report and

15 the full water supply needed for full habitat development

16 for those habitat areas identified in the San Joaquin

17 Basin Action Plan/Kesterson Mitigation Action Plan Re18 port prepared by the Bureau of Reclamation. The quan19 tities of water required to supplement the quantities pro20 vided under paragraph (2) of this subsection shall be ac21 quired by the Secretary in cooperation with the State of

22 California and in consultation with the Central Valley

23 Habitat Joint Venture and other interests in cumulating

24 increments of not less than ten percent per annum

25 through voluntary measures which include water conserva-
33

•HR 1906 IH

1 tion, conjunctive use, purchase, lease, donations, or similar

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

3 require involuntary reallocations of project yield.

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

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

6 nonreimbursable Federal expenditure. Incremental costs

7 associated with implementation of paragraph (3) of this

8 subsection shall be fully allocated in accordance with the

9 following formula: 75 percent shall be deemed a

10 nonreimbursable Federal expenditure; and 25 percent

11 shall be allocated to the State of California for recovery

12 through direct reimbursements or through equivalent in13 kind contributions.

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

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

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

17 reductions are imposed upon agricultural water service

18 contractors served from the same Division of the Central

19 Valley Project: Provided, That such reductions shall not

20 exceed in percentage terms the reductions imposed on ag21 ricultural water service contractors. For the purpose of

22 shortage allocation, the priority or priorities applicable to

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

24 this subsection shall be the priority or priorities which ap-
34

•HR 1906 IH

1 plied to the water in question prior to its transfer to the

2 purpose of providing such increment.

3 ‘‘(6) In order to minimize possible adverse impacts

4 upon Central Valley Project water contractors, the Sec5 retary is authorized and directed to construct or to acquire

6 from non-Federal entities such water conveyance facilities,

7 conveyance capacity, pumping capacity, and wells as are

8 necessary to implement the requirements of this sub9 section within one year after enactment of this paragraph.

10 To carry out this obligation, and without limiting other

11 actions, the Secretary shall, in cooperation with the State

12 of California and Central Valley Project water contractors,

13 implement those immediate actions necessary to facilitate

14 the acquisition of pumping and conveyance capacity from

15 the State. Additional water that can be delivered as a re16 sult of the acquisition of such additional pumping and con17 veyance capacity shall be allocated in a manner which

18 avoids water shortages to Central Valley Project water

19 contractors and users.

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

21 California, the Central Valley Habitat Joint Venture, and

22 other interests, shall investigate and report on the follow23 ing supplemental actions by not later than September 30,

24 1997—
35

•HR 1906 IH

1 ‘‘(A) alternative means of improving the reli2 ability and quality of water supplies currently avail3 able to privately owned wetlands in the Central Val4 ley and the need, if any, for additional supplies; and

5 ‘‘(B) water supply and delivery requirements

6 necessary to permit full habitat development for

7 water dependent wildlife on one hundred and twenty

8 thousand acres supplemental to the existing wetland

9 habitat acreage identified in Table 8 of the Central

10 Valley Habitat Joint Venture’s ‘Implementation

11 Plan’ dated April 19, 1990, as well as feasible

12 means of meeting associated water supply require13 ments.

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

15 enactment of the Central Valley Project Reform Act of

16 1995, the Secretary shall prepare a report in which the

17 Secretary assesses whether the Dependable Water Supply

18 Needs outlined in the Refuge Water Supply Report and

19 the San Joaquin Basin Action Plan/Kesterson Mitigation

20 Action Plan Report prepared by the Bureau of Reclama21 tion accurately reflect reasonable dependable water supply

22 needs for refuges, taking into account changes in habitat

23 conditions and any other relevant factors. If the Secretary

24 determines that the Dependable Water Supply Needs in

25 such Reports do not reflect the reasonable dependable
36

•HR 1906 IH

1 water supply needs for refuges, the Reports shall be re2 vised to reflect appropriate adjustments in the Dependable

3 Water Supply Needs tables, and deliveries and increments

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

5 shall be adjusted accordingly to match the quantities spec6 ified in the revised Reports. The report shall be prepared

7 with public involvement, including water contractors and

8 users.

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

10 enactment of this paragraph, the Secretary shall—

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

12 water measuring methods, determine the quantity of

13 all water provided by the Secretary to areas referred

14 to in paragraph (1) of this subsection;

15 ‘‘(B) require that such areas be managed in ac16 cordance with water conservation plans which incor17 porate water conservation best management prac18 tices developed under section 3405(d) of this title;

19 and

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

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

22 subsection do not correspond with the demonstrated

23 need following implementation of best management

24 practices under this paragraph, the levels shall be
37

•HR 1906 IH

1 adjusted accordingly to match the level of such dem2 onstrated need.’’.

3 (9) Section 3406(f) of the Central Valley Project Im4 provement Act (106 Stat. 4724) is amended by striking

5 ‘‘Committees on Insular and Interior Affairs and Mer6 chant Marine and Fisheries’’ and inserting ‘‘Committee on

7 Resources’’.

8 (10) Section 3406 (106 Stat. 4714), as amended by

9 subsection (a) of this section, is further amended by add10 ing at the end the following new subsection:

11 ‘‘(j) PURCHASE OF ADDITIONAL WATER.—The Sec12 retary may acquire any water needed to carry out this title

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

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

15 by purchase in accordance with State law. Such purchases

16 shall be Federal nonreimbursable expenditures to the ex17 tent they are not funded through the Restoration Fund

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

19 SEC. 7. RESTORATION FUND.

20 (a) RESTORATION FUND ESTABLISHED.—Section

21 3407(a) of the Central Valley Project Improvement Act

22 (106 Stat. 4726) is amended to read as follows:

23 ‘‘(a) RESTORATION FUND ESTABLISHED.—

24 ‘‘(1) There is hereby established in the Treas25 ury of the United States the ‘Central Valley Project
38

•HR 1906 IH

1 Restoration Fund’ (hereafter ‘Restoration Fund’)

2 which shall be available for deposit of donations

3 from any source and revenues provided under sec4 tions 3405(e), 3406(c)(1)(D), and 3407(d) of this

5 title. Amounts deposited shall be credited as offset6 ting collections. Monies donated to the Restoration

7 Fund by non-Federal entities for specific purposes

8 shall be expended for those purposes only and shall

9 not be subject to appropriation. Notwithstanding

10 any other provision of this title, the Secretary may

11 not directly or indirectly require a donation, or any

12 other payment, to the Restoration Fund, or environ13 mental restoration or mitigation fees not otherwise

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

15 storage or conveyance of non-Central Valley Project

16 water pursuant to reclamation laws, or as a condi17 tion to the delivery of water pursuant to section 215

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

19 1270).

20 ‘‘(2) The Secretary may utilize amounts col21 lected pursuant to section 3406(c)(1)(D) to assist in

22 achieving applicable water quality standards imposed

23 in the San Francisco Bay/Sacramento-San Joaquin

24 Delta Estuary, with emphasis on funding projects

25 described in section 3406(c)(1)(A) which will con-
39

•HR 1906 IH

1 tribute to achieving such standards. The balance of

2 all surcharges collected pursuant to section

3 3406(c)(1)(D) shall be utilized by the Secretary to

4 provide funding to the State of California or other

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

6 implementation of all projects described in such sub7 paragraph (A) to which funding is not directed pur8 suant to the preceding sentence.’’.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

10 3407(b) of the Central Valley Project Improvement Act

11 (106 Stat. 4726) is amended by inserting ‘‘(from willing

12 sellers)’’ after ‘‘acquisition’’.

13 (c) MITIGATION AND RESTORATION PAYMENTS BY

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

15 the Central Valley Project Improvement Act (106 Stat.

16 4726) is amended to read as follows:

17 ‘‘(c) MITIGATION AND RESTORATION PAYMENTS BY

18 WATER AND POWER BENEFICIARIES.—

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

20 Acts, the Secretary shall assess and collect addi21 tional annual mitigation and restoration payments,

22 in addition to the charges provided for or collected

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

24 3406(c)(1)(D) of this title, consisting of charges to

25 direct beneficiaries of the Central Valley Project
40

•HR 1906 IH

1 under subsection (d) of this section in order to re2 cover a portion or all of the costs of fish, wildlife,

3 and habitat restoration programs and projects under

4 this title.

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

6 shall be established at amounts that will result in

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

8 can be reasonably expected to equal the amount ap9 propriated each year, subject to subsection (d) of

10 this section, and in combination with all other re11 ceipts identified under this title, to carry out the

12 purposes identified in subsection (b) of this sec13 tion.’’.

14 (d) ADJUSTMENT AND ASSESSMENT OF MITIGATION

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

16 of section 3407(d) of the Central Valley Project Improve17 ment Act (106 Stat. 4727) are amended to read as follows:

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

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

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

21 that could be collected in each fiscal year pursuant

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

23 shall decrease all such payments on a proportionate

24 basis from amounts contained in the estimate so
41

•HR 1906 IH

1 that an aggregate amount is collected pursuant to

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

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

4 following mitigation and restoration payments, to be

5 covered to the Restoration Fund, subject to the re6 quirements of paragraph (1) of this subsection:

7 ‘‘The Secretary shall require Central Val8 ley Project water and power contractors to

9 make such additional annual payments as are

10 necessary to yield, together with all other re11 ceipts, the amount required under subsection

12 (c)(2) of this section: Provided, That such addi13 tional payments shall not exceed $30,000,000

14 (October 1992 price levels) on a three-year roll15 ing average basis: Provided further, That such

16 additional annual payments shall be allocated so

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

18 price levels) for Central Valley Project water for

19 agricultural use delivered by the Central Valley

20 Project and received or transferred by a Central

21 Valley Project water contractor, and $12 per

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

23 Valley Project water for municipal and indus24 trial use delivered by the Central Valley Project

25 and received or transferred by a Central Valley
42

•HR 1906 IH

1 Project contractor: Provided further, That the

2 charge imposed on agricultural water shall be

3 reduced, if necessary, to an amount within the

4 probable ability of the water users to pay as de5 termined and adjusted by the Secretary no less

6 than every five years: Provided further, That

7 the Secretary shall impose an additional annual

8 charge of $25 per acre-foot (October 1992 price

9 levels) for Central Valley Project water sold or

10 transferred, except water sold or transferred

11 under the right of first refusal, to any State or

12 local agency or other entity which has not pre13 viously been a Central Valley Project customer

14 and which contracts with the Secretary or any

15 other individual or district receiving Central

16 Valley Project water to purchase or otherwise

17 transfer any such water for its own use for mu18 nicipal and industrial purposes, to be deposited

19 in the Restoration Fund: And Provided further,

20 That upon the completion of the fish, wildlife,

21 and habitat mitigation and restoration actions

22 mandated under section 3406 of this title, the

23 Secretary shall reduce the sums described in

24 subsection (c)(2) of this section to $35,000,000

25 per year (October 1992 price levels) and shall
43

•HR 1906 IH

1 reduce the annual mitigation and restoration

2 payment ceiling established under this sub3 section to $15,000,000 (October 1992 price lev4 els) on a three-year rolling average basis. The

5 amount of the mitigation and restoration pay6 ment made by Central Valley Project water and

7 power users, taking into account all funds col8 lected under this title, shall, to the greatest de9 gree practicable, be assessed in the same pro10 portion, measured over a ten-year rolling aver11 age, as water and power users’ respective allo12 cations for repayment of the Central Valley

13 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
44

•HR 1906 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 by

17 striking ‘‘Committee on Interior and Insular Affairs, the

18 Committee on Merchant Marine and Fisheries,’’ and in19 serting ‘‘Committee on Resources’’.

20 SEC. 8. ADDITIONAL AUTHORITIES.

21 (a) ANNUAL REPORTS.—Section 3408(f) of the

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

23 is amended—
45

•HR 1906 IH

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

2 and Merchant Marine and Fisheries’’ and inserting

3 in lieu thereof ‘‘Resources’’; and

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

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

6 not limited to) progress on the plan required by sub7 section (j)’’.

8 (b) PROJECT YIELD INCREASE AND JUDICIAL DE9 CREES.—Subsections (j) and (k) of section 3408 of the

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

11 are amended to read as follows:

12 ‘‘(j) PROJECT YIELD INCREASE.—In order to mini13 mize adverse effects upon existing Central Valley Project

14 water contractors resulting from the water reserved for

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

16 of California in meeting its future water needs, the Sec17 retary shall, on a priority basis, not later than two years

18 after the date of enactment of the Central Valley Project

19 Reform Act of 1995, develop and submit to Congress, a

20 least-cost plan to increase, as soon as possible but not

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

22 title, the yield of the Central Valley Project by the amount

23 reserved and managed for fish and wildlife purposes under

24 this title and otherwise required to meet the purposes of

25 the Central Valley Project including, without limitation,
46

•HR 1906 IH

1 satisfying contractual obligations. In order to carry out

2 this subsection, the Secretary is authorized and directed

3 to coordinate with the State of California in implementing

4 measures for the long-term resolution of problems in the

5 San Francisco Bay/Sacramento-San Joaquin Delta Estu6 ary. The plan authorized by this subsection shall include

7 (but not be limited to) a description of how the Secretary

8 intends to use the following options:

9 ‘‘(1) Improvements in, modification of, or addi10 tions to the facilities and operations of the project.

11 ‘‘(2) Conservation.

12 ‘‘(3) Transfers.

13 ‘‘(4) Conjunctive use.

14 ‘‘(5) Purchase of water.

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

16 ‘‘(7) Direct purchase of water rights.

17 Such plan shall include recommendations on appropriate

18 cost-sharing arrangements and shall be developed in a

19 manner consistent with all applicable State and Federal

20 law. Such plan shall also include recommendations for au21 thorizing legislation or other measures, if any, needed to

22 implement the intent, purposes, and provisions of this sub23 section.

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

25 provided in this title, nothing in this title is intended to
47

•HR 1906 IH

1 alter the terms of any final judicial decree confirming or

2 determining water rights. Notwithstanding any other pro3 vision of reclamation law, the judgment entered December

4 30, 1986, by the United States District Court of the East5 ern District of California in the consolidated cases entitled

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

7 District, et al. (No. CV 78–106 EDP) and Westlands

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

9 81–245 EDP), shall be deemed an existing long-term

10 water service contract, which shall be renewable pursuant

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

12 (c) TECHNICAL AMENDMENT.—Section 3408(h)(2)

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

14 4729) is amended by striking out ‘‘(h)(i)’’ and inserting

15 in lieu thereof ‘‘(h)(1)’’.

16 (d) STANISLAUS RIVER.—Section 3408 of the

17 Central Valley Project Improvement Act (106 Stat 4730)

18 is amended by adding at the end the following:

19 ‘‘(e)(1) The Secretary shall identify the water supply

20 impacts resulting from the reallocation of Stanislaus River

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

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

23 the Central Valley Project Reform Act of 1995, develop

24 and implement a plan to provide long term replacement

25 water in an amount equal to the identified water supply
48

•HR 1906 IH

1 impacts on out-of-basin entities which have contracted

2 with the Secretary for water from the New Melones

3 Project. In the event the available yield of the New

4 Melones Reservoir is insufficient to meet the contractual

5 needs of these districts, then the Bureau shall provide an

6 alternative supply at the contractual rate. Allocations for

7 other Central Valley Project contractors shall not be re8 duced as a result of deliveries from New Melones Reservoir

9 or any alternative source to the Stockton East Water Dis10 trict and the Central San Joaquin Water Conservation

11 District.

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

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

14 transfer of water facilitated by the Secretary, other con15 junctive use facilities satisfactory to the contracting enti16 ties, and/or additional diversion facilities. In the event ad17 ditional facilities are authorized and constructed, out-of18 basin entities which have constructed diversion facilities

19 on the Stanislaus River pursuant to contracts with the

20 Secretary for water from the New Melones Project, shall

21 be credited, in the calculation of capital for any such new

22 facilities, with an amount equal to 75 percent of the costs

23 associated with the construction of those Stanislaus River

24 diversion facilities. The construction of such facilities or

25 the allocation of costs associated with such facilities shall
49

•HR 1906 IH

1 be treated as nonreimbursible capital costs of the Bureau

2 and not result in increased allocation of costs to any other

3 Central Valley Project contractor.’’.

Æ

HR 1906 IH——2

HR 1906 IH——3

HR 1906 IH——4