II 

Calendar No. 294 

111TH CONGRESS 

2D SESSION S. 1759 

[Report No. 111–144] 

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 

MARCH 2, 2010 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. AUTHORIZATION OF IRRIGATION WATER TRANS2 FERS, CENTRAL VALLEY PROJECT. 

3 (a) IN GENERAL.—Subject to subsection (b), the fol4 lowing voluntary water transfers shall be considered to 

5 meet the conditions described in subparagraphs (A) and 

6 (I) of section 3405(a)(1) of the Reclamation Projects Au7 thorization and Adjustment Act of 1992 (Public Law 102– 

8 575; 106 Stat. 4709): 

9 (1) A transfer of irrigation water among Cen10 tral Valley Project contractors from the Friant, San 

11 Felipe, West San Joaquin, and Delta divisions. 

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

13 temporary or long-term water service, repayment, 

14 water rights settlement, or exchange contractors 

15 within a division of the Central Valley Project. 

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

17 shall be subject to the condition that the transfer not 

18 interfere with— 

19 (1) the San Joaquin River Restoration Settle20 ment Act (Public Law 111–11; 123 Stat. 1349), in21 cluding the priorities described in section 

22 10004(a)(4)(B) of that Act (123 Stat. 1350) relat23 ing to implementation of paragraph 16 of the Settle24 ment (as defined in section 10003 of that Act (123 

25 Stat. 1349)); and 

26 (2) the Settlement. 


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1 SEC. 3. FACILITATION OF WATER TRANSFERS, CENTRAL 

2 VALLEY PROJECT. 

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

4 date of enactment of this Act, the Secretary of the Inte5 rior, acting through the Director of the United States Fish 

6 and Wildlife Service and the Commissioner of the Bureau 

7 of Reclamation (referred to in this section as the ‘‘Sec8 retary’’), using such sums as are necessary, shall initiate 

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

10 programmatic development of environmental documenta11 tion to facilitate voluntary water transfers within the Cen12 tral Valley Project. 

13 (b) INCLUSIONS.—The environmental documentation 

14 under subsection (a) shall include all applicable environ15 mental reviews, permitting, and consultations, including 

16 the environmental documentation needed to address con17 cerns with respect to the Giant Garter Snake 

18 (Thamnophis gigas). 

19 SEC. 4. REPORT ON CENTRAL VALLEY PROJECT WATER 

20 TRANSFERS. 

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

22 the Commissioner of the Bureau of Reclamation (referred 

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

24 the appropriate committees of Congress a report that— 


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1 (1) describes the status of efforts to help facili2 tate and improve the water transfers under this Act; 

3 and 

4 (2) provides recommendations on ways to facili5 tate, and improve the process for— 

6 (A) water transfers within the Central Val7 ley Project; and 

8 (B) water transfers between the Central 

9 Valley Project and State water projects. 

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

11 every 180 days thereafter until the Commissioner deter12 mines that no further Federal action is warranted or au13 thorized with respect to the water transfers under this 

14 Act, the Commissioner shall update the report submitted 

15 under subsection (a). 

16 SEC. 5. TECHNICAL CORRECTIONS. 

17 Section 3405(a)(1) of the Central Valley Project Im18 provement Act (Public Law 102–575; 106 Stat. 4710) is 

19 amended— 

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

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

22 (2) in subparagraph (A), by striking ‘‘to com23 bination’’ and inserting ‘‘or combination’’. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Water Transfer Facilita3 tion Act of 2009’’. 

4 SEC. 2. AUTHORIZATION OF WATER TRANSFERS, CENTRAL 

5 VALLEY PROJECT. 

6 (a) IN GENERAL.—Subject to subsection (b), the fol7 lowing voluntary water transfers shall be considered to meet 

8 the conditions described in subparagraphs (A) and (I) of 

9 section 3405(a)(1) of the Reclamation Projects Authoriza10 tion and Adjustment Act of 1992 (Public Law 102–575; 106 

11 Stat. 4709): 

12 (1) A transfer of irrigation water among Central 

13 Valley Project contractors from the Friant, San 

14 Felipe, West San Joaquin, and Delta divisions. 

15 (2) A transfer from a long-term Friant Division 

16 water service or repayment contractor to a temporary 

17 or prior temporary water service contractor within 

18 the place of use in existence on the date of the trans19 fer, as identified in the Bureau of Reclamation water 

20 rights permits for the Friant Division. 

21 (b) CONDITION.—A transfer under subsection (a) shall 

22 comply with all applicable Federal and State law. 

23 SEC. 3. FACILITATION OF WATER TRANSFERS, CENTRAL 

24 VALLEY PROJECT. 

25 As soon as practicable after the date of enactment of 

26 this Act, the Secretary of the Interior, acting through the 


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1 Director of the United States Fish and Wildlife Service and 

2 the Commissioner of the Bureau of Reclamation, using such 

3 sums as are necessary, shall initiate and complete, on the 

4 most expedited basis practicable, programmatic documenta5 tion to facilitate voluntary water transfers within the Cen6 tral Valley Project, consistent with all applicable Federal 

7 and State law. 

8 SEC. 4. REPORT ON CENTRAL VALLEY PROJECT WATER 

9 TRANSFERS. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of enactment of this Act, the Commissioner of the Bu12 reau of Reclamation (referred to in this section as the 

13 ‘‘Commissioner’’) shall submit to the appropriate commit14 tees of Congress a report that— 

15 (1) describes the status of efforts to help facilitate 

16 and improve the water transfers under this Act; 

17 (2) evaluates potential effects of this Act on Fed18 eral programs, Indian tribes, Central Valley Project 

19 operations, the environment, groundwater aquifers, 

20 refuges, and communities; and 

21 (3) provides recommendations on ways to facili22 tate, and improve the process for— 

23 (A) water transfers within the Central Val24 ley Project; and 


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1 (B) water transfers between the Central Val2 ley Project and other water projects in the State 

3 of California. 

4 (b) UPDATES.—Not later than the end of the water 

5 year in which the report is submitted under subsection (a) 

6 and each of the 4 water years thereafter, the Commissioner 

7 shall update the report. 


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Calendar No. 294 

111TH CONGRESS 

2D SESSION S. 1759 

[Report No. 111–144] 

A BILL 

Central Valley Project, and for other purposes. 

To authorize certain transfers of water in the 

MARCH 2, 2010 

Reported with an amendment 


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