II 

111TH CONGRESS 

1ST SESSION S. 1759 

To authorize certain transfers of water in the Central Valley Project, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2009 

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize certain transfers of water in the Central Valley 

Project, 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 ‘‘Water Transfer Facili5 tation Act of 2009’’. 

6 SEC. 2. AUTHORIZATION OF IRRIGATION WATER TRANS7 FERS, CENTRAL VALLEY PROJECT. 

8 (a) IN GENERAL.—Subject to subsection (b), the fol9 lowing voluntary water transfers shall be considered to 

10 meet the conditions described in subparagraphs (A) and 


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•S 1759 IS

1 (I) of section 3405(a)(1) of the Reclamation Projects Au2 thorization and Adjustment Act of 1992 (Public Law 102– 

3 575; 106 Stat. 4709): 

4 (1) A transfer of irrigation water among Cen5 tral Valley Project contractors from the Friant, San 

6 Felipe, West San Joaquin, and Delta divisions. 

7 (2) A transfer of water among current or prior 

8 temporary or long-term water service, repayment, 

9 water rights settlement, or exchange contractors 

10 within a division of the Central Valley Project. 

11 (b) CONDITION.—A transfer under subsection (a) 

12 shall be subject to the condition that the transfer not 

13 interfere with— 

14 (1) the San Joaquin River Restoration Settle15 ment Act (Public Law 111–11; 123 Stat. 1349), in16 cluding the priorities described in section 

17 10004(a)(4)(B) of that Act (123 Stat. 1350) relat18 ing to implementation of paragraph 16 of the Settle19 ment (as defined in section 10003 of that Act (123 

20 Stat. 1349)); and 

21 (2) the Settlement. 

22 SEC. 3. FACILITATION OF WATER TRANSFERS, CENTRAL 

23 VALLEY PROJECT. 

24 (a) IN GENERAL.—As soon as practicable after the 

25 date of enactment of this Act, the Secretary of the InteVerDate Nov 24 2008 00:41 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1759.IS S1759

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1 rior, acting through the Director of the United States Fish 

2 and Wildlife Service and the Commissioner of the Bureau 

3 of Reclamation (referred to in this section as the ‘‘Sec4 retary’’), using such sums as are necessary, shall initiate 

5 and complete, on the most expedited basis practicable, the 

6 programmatic development of environmental documenta7 tion to facilitate voluntary water transfers within the Cen8 tral Valley Project. 

9 (b) INCLUSIONS.—The environmental documentation 

10 under subsection (a) shall include all applicable environ11 mental reviews, permitting, and consultations, including 

12 the environmental documentation needed to address con13 cerns with respect to the Giant Garter Snake 

14 (Thamnophis gigas). 

15 SEC. 4. REPORT ON CENTRAL VALLEY PROJECT WATER 

16 TRANSFERS. 

17 (a) IN GENERAL.—Not later than January 10, 2010, 

18 the Commissioner of the Bureau of Reclamation (referred 

19 to in this section as the ‘‘Commissioner’’) shall submit to 

20 the appropriate committees of Congress a report that— 

21 (1) describes the status of efforts to help facili22 tate and improve the water transfers under this Act; 

23 and 

24 (2) provides recommendations on ways to facili25 tate, and improve the process for— 


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1 (A) water transfers within the Central Val2 ley Project; and 

3 (B) water transfers between the Central 

4 Valley Project and State water projects. 

5 (b) UPDATES.—Not later than July 15, 2010, and 

6 every 180 days thereafter until the Commissioner deter7 mines that no further Federal action is warranted or au8 thorized with respect to the water transfers under this 

9 Act, the Commissioner shall update the report submitted 

10 under subsection (a). 

11 SEC. 5. TECHNICAL CORRECTIONS. 

12 Section 3405(a)(1) of the Central Valley Project Im13 provement Act (Public Law 102–575; 106 Stat. 4710) is 

14 amended— 

15 (1) in the first sentence, by striking ‘‘transfers 

16 to’’ and inserting ‘‘transfers of’’; and 

17 (2) in subparagraph (A), by striking ‘‘to com18 bination’’ and inserting ‘‘or combination’’. 

Æ 


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