I 

112TH CONGRESS 

1ST SESSION H. R. 1251 

To provide congressional direction for implementation of the Endangered 

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

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

State of California. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2011 

Mr. COSTA (for himself and Mr. CARDOZA) introduced the following bill; which 

was referred to the Committee on Natural Resources 

A BILL 

To provide congressional direction for implementation of the 

Endangered Species Act as it relates to operation of 

the Central Valley Project and the California State 

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

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘More Water for Our 

5 Valley Act, 2011’’. 


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1 SEC. 2. COMPLIANCE WITH ENDANGERED SPECIES ACT OF 

2 1973. 

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

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

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

7 end of the San Joaquin Valley by— 

8 (A) the Central Valley Project; and 

9 (B) the California State Water Project. 

10 (2) The quantity of water available for irrigated 

11 agriculture in these areas of the San Joaquin Valley 

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

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

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

19 the most productive agricultural regions in the 

20 world, and produces more than 250 different crops 

21 with an estimated value of $17,000,000,000 per 

22 year, supplying about eight percent of United States 

23 agricultural production and approximately 40 per24 cent of the Nation’s fruits and vegetables on less 

25 than one percent of the United States farmland. 

26 Crops grown in the San Joaquin Valley are exported 


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1 to 100 countries around the world. The San Joaquin 

2 Valley is an essential source of the food supplies for 

3 the United States and the world. 

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

6 Valley Project and the California State Water 

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

9 San Joaquin Valley. 

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

12 fallowed in 2009. 

13 (B) Unemployment rates in small rural commu14 nities in the San Joaquin Valley remain close to 40 

15 percent. 

16 (C) Food banks throughout the San Joaquin 

17 Valley face unprecedented demand from unemployed 

18 residents, with Fresno County Food Bank expecting 

19 to serve more meals in 2011 than in 2009. 

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

21 Central Valley Project and the California State 

22 Water Project is water that could have been used to 

23 sustain irrigated agriculture and the many busi24 nesses and communities that rely on it throughout 

25 the Central Valley of California. 


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1 (7) As of March 1, 2011, snowpack and rainfall 

2 are above average for the State of California. How3 ever, deliveries to water agencies that rely on exports 

4 from the Sacramento-San Joaquin Delta (California 

5 Bay-Delta) are expected to remain at reduced levels 

6 this year due to pumping restrictions imposed on op7 erations of the Central Valley Project and the Cali8 fornia State Water Project under the Endangered 

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

10 (8) Due to reduced surface water supplies, reli11 ance on groundwater has increased, and the with12 drawals from the aquifers are unsustainable and put 

13 significant infrastructure at risk of collapse, includ14 ing the State Water Project’s California Aqueduct, 

15 due to permanent subsidence of land over the over16 drafted aquifers. 

17 (9) Significant habitat for a number of native 

18 fish species in the California Bay-Delta (including 

19 tidal marsh and wetlands), and access to spawning 

20 grounds, have been significantly reduced during the 

21 last century. 

22 (10) Discharge of pollutants and invasive spe23 cies have dramatically impaired the ecosystem of the 

24 California Bay-Delta. 


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1 (11) Large-scale and sustained habitat restora2 tion and fish passage improvements are essential— 

3 (A) to restore the unique ecosystem of the 

4 California Bay-Delta; and 

5 (B) to recover native species in the Cali6 fornia Bay-Delta. 

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

8 Federal and State agencies, and a number of inter9 ested parties, continue to develop the Bay Delta 

10 Conservation Plan to establish a habitat conserva11 tion plan— 

12 (A) to provide ecosystem restoration; 

13 (B) to contribute to native species recov14 ery; and 

15 (C) to allow for projects to proceed that re16 store and protect water supplies for— 

17 (i) the Central Valley Project; and 

18 (ii) the California State Water 

19 Project. 

20 (b) COMPLIANCE.— 

21 (1) IN GENERAL.—All requirements of the En22 dangered Species Act of 1973 (16 U.S.C. 1531 et 

23 seq.) relating to operations of the Central Valley 

24 Project and the California State Water Project 

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


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1 the species and their critical habitat covered by the 

2 biological opinions for the operations of the Central 

3 Valley Project and the California State Water 

4 Project issued by the United States Fish and Wild5 life Service and dated December 15, 2008, and the 

6 National Marine Fisheries Service and dated June 4, 

7 2009 (the ‘‘biological opinions’’), if— 

8 (A) the alternatives described in that por9 tion of the biological opinions entitled ‘‘Reason10 able and Prudent Alternatives’’ are imple11 mented; and 

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

13 are carried out. 

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

15 and the Secretary of Commerce shall ensure the fol16 lowing: 

17 (A) FLOWS.—For each calendar year, dur18 ing the period beginning on December 1 and 

19 ending on June 30, neither biological opinion 

20 described in paragraph (1) shall restrict reverse 

21 flow in Old and Middle Rivers to a 14-day aver22 age of the mean daily reverse flow of less than 

23 ¥5,000 cubic feet per second. 

24 (B) CONTROL OF PUMPING OPERATIONS.— 

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1 ginning on April 1 and ending on May 31, rates 

2 of export shall not be reduced pursuant to the 

3 biological opinion of the National Marine Fish4 eries Service described in paragraph (1), except 

5 as required to implement California State 

6 Water Resources Control Board Water Rights 

7 Decision 1641 or a superseding water rights de8 cision. 

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

10 during the period beginning September 1 and 

11 ending November 30, monthly average X2 no 

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

13 Golden Gate) shall be maintained only to the 

14 extent that such action does not diminish the 

15 capability of either the Central Valley Project 

16 or the California State Water Project to make 

17 water available for other authorized project pur18 poses. 

19 (3) MODIFICATION.—The Secretary of the Inte20 rior may modify the flow and pumping operation 

21 mandates established in paragraph (2) upon rec22 ommendations of the National Research Council 

23 Committee on Sustainable Water and Environmental 

24 Management in the California Bay-Delta, if such 

25 modifications— 


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1 (A) would provide greater benefits to the 

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

4 (B) would not reduce the water delivery 

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

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

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

10 Secretary of the Interior and the Secretary of Commerce 

11 shall— 

12 (1) establish a fish hatchery program or refuge 

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

15 and 

16 (2) implement a habitat program under which 

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

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

20 the California Bay-Delta to help ensure the viability 

21 of— 

22 (A) at-risk species; and 

23 (B) species listed as threatened species or 

24 endangered species on the list of threatened 

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

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

3 and 

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

7 Rights Decision 1641. 

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

9 shall— 

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

11 water supply deliveries of the California State Water 

12 Project to its contractors; nor 

13 (2) shift an existing obligation of the Central 

14 Valley Project or other water project subject to the 

15 provisions of the biological opinions identified in sub16 section (b)(1) to any other person, agency, entity, or 

17 other water right holder. 

18 (e) SAN JOAQUIN RIVER RESTORATION SETTLE19 MENT ACT.—Nothing in this Act shall limit or otherwise 

20 affect the implementation of the San Joaquin River Res21 toration Settlement or the San Joaquin River Restoration 

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

23 Management Goal. 

24 (f) NO FUTHER RESTRICTION.—No State or any po25 litical subdivision thereof shall adopt or attempt to enforce 


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1 any requirements relating to the impact of the operation 

2 of the Projects on the species and critical habitat covered 

3 by the biological opinions that is more restrictive than the 

4 requirements of this section. Any State law that author5 izes the imposition of restrictions on the operation of the 

6 Projects in a manner that is more restrictive than this 

7 section is expressly preempted. 

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

9 and mandate under this section shall terminate on March 

10 1, 2015. 

Æ 


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