II 

115TH CONGRESS 

2D SESSION S. 2563 

To improve the water supply and drought resilience of the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2018 

Mr. FLAKE (for himself, Mr. MCCAIN, Mr. GARDNER, and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To improve the water supply and drought resilience of the 

United States, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Water Supply Infrastructure and Drought Resilience Act 

6 of 2018’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—WATER SUPPLY INFRASTRUCTURE 


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Subtitle A—Water Supply Permitting Coordination 

Sec. 101. Definitions. 

Sec. 102. Establishment of lead coordinating agency and participating agencies. 

Sec. 103. Bureau responsibilities. 

Sec. 104. Participating agency responsibilities. 

Sec. 105. Funding to process permits. 

Subtitle B—Modifications of Existing Programs 

Sec. 111. WaterSMART. 

Sec. 112. Grants and cooperative agreements with Indian tribes and organizations. 

Sec. 113. Cooperative watershed management program. 

Subtitle C—Bureau of Reclamation Transparency 

Sec. 121. Definitions. 

Sec. 122. Asset management report enhancements for reserved works. 

Sec. 123. Asset management report enhancements for transferred works. 

TITLE II—WATER MANAGEMENT IMPROVEMENT 

Subtitle A—Review of Flood Control Rule Curves Pilot Project 

Sec. 201. Definitions. 

Sec. 202. Establishment of pilot project. 

Sec. 203. Selection of eligible works. 

Sec. 204. Adjustment of flood control rule. 

Sec. 205. Consultation. 

Sec. 206. Funding. 

Sec. 207. Effect. 

Sec. 208. Termination. 

Subtitle B—Aquifer Recharge Augmentation 

Sec. 211. Definitions. 

Sec. 212. Rescheduling of water for aquifer recharge. 

Sec. 213. Flexibility to allow greater aquifer recharge. 

Sec. 214. Use of public land for aquifer recharge. 

TITLE III—WATER SUPPLY CERTAINTY 

Subtitle A—Water Rights Protection 

Sec. 301. Definitions. 

Sec. 302. Treatment of water rights. 

Sec. 303. Policy development. 

Sec. 304. Effect. 

Subtitle B—Permits for Water Transfers 

Sec. 311. Permits for water transfers. 

Subtitle C—Endangered Fish Recovery Programs 


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Sec. 321. Extension of authorization to use Upper Colorado River Basin Fund 

revenues for annual base funding of fish recovery programs; removal of certain reporting requirement. 

Sec. 322. Report on Recovery Implementation Programs. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BUREAU.—The term ‘‘Bureau’’ means the 

4 Bureau of Reclamation. 

5 (2) COMMISSIONER.—The term ‘‘Commis6 sioner’’ means the Commissioner of the Bureau. 

7 (3) RECLAMATION FACILITY.—The term ‘‘Rec8 lamation facility’’ means each of the infrastructure 

9 assets that are owned by the Bureau at a Reclama10 tion project. 

11 (4) RECLAMATION PROJECT.—The term ‘‘Rec12 lamation project’’ means any reclamation or irriga13 tion project, including incidental features thereof, 

14 authorized by Federal reclamation law, or con15 structed by the United States pursuant to such law, 

16 or in connection with which there is a repayment or 

17 water service contract executed by the United States 

18 pursuant to such law, or any project constructed by 

19 the Secretary through the Bureau of Reclamation 

20 for the reclamation of lands. 

21 (5) RESERVED WORKS.—The term ‘‘reserved 

22 works’’ means any building, structure, facility, or 

23 equipment— 


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1 (A) that is owned by the Bureau; and 

2 (B) for which operations and maintenance 

3 are performed, regardless of the source of fund4 ing— 

5 (i) by an employee of the Bureau; or 

6 (ii) through a contract entered into by 

7 the Commissioner. 

8 (6) RESPONSIBLE PARTY.—The term ‘‘respon9 sible party’’ means— 

10 (A) with respect to a reserved works— 

11 (i) a non-Federal water user or power 

12 contractor that has an active repayment, 

13 water service, or power service contract 

14 with the Bureau; 

15 (ii) a power contractor that has an ac16 tive contract with a Federal power mar17 keting administration for energy, capacity, 

18 or both from a hydropower facility owned 

19 by the Bureau; or 

20 (iii) a non-Federal operating entity, 

21 such as a joint powers authority or Board 

22 of Control, that has assumed responsibility 

23 on behalf of multiple water users, through 

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1 ation and maintenance of the reserved 

2 works; and 

3 (B) with respect to a transferred works, 

4 the operating entity of the transferred works. 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 (8) TRANSFERRED WORKS.—The term ‘‘trans8 ferred works’’ means a Reclamation facility at which 

9 operations and maintenance of the facility is carried 

10 out by a non-Federal entity under the provisions of 

11 a formal operations and maintenance transfer con12 tract or other legal agreement with the Bureau. 

13 TITLE I—WATER SUPPLY 

14 INFRASTRUCTURE 

15 Subtitle A—Water Supply 

16 Permitting Coordination 

17 SEC. 101. DEFINITIONS. 

18 In this subtitle: 

19 (1) COOPERATING AGENCY.—The term ‘‘cooper20 ating agency’’ has the meaning given the term in 

21 section 1508.5 of title 40, Code of Federal Regula22 tions (or successor regulations). 

23 (2) PARTICIPATING AGENCY.—The term ‘‘par24 ticipating agency’’ means— 


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1 (A) a Federal agency with jurisdiction over 

2 a review, analysis, opinion, statement, permit, 

3 license, or other approval or decision required 

4 for a qualifying project under applicable Fed5 eral law; or 

6 (B) a State agency or an Indian Tribe sub7 ject to section 102(c). 

8 (3) PROJECT SPONSOR.—The term ‘‘project 

9 sponsor’’ means an entity (including any private, 

10 public, or public-private entity) seeking an author11 ization for a qualifying project. 

12 (4) QUALIFYING PROJECT.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the term ‘‘qualifying 

15 project’’ means a new surface water storage 

16 project in the United States covered under the 

17 Act of June 17, 1902 (32 Stat. 388, chapter 

18 1093), and Acts supplemental to and amend19 atory of that Act (43 U.S.C. 371 et seq.) con20 structed on land administered by the Depart21 ment of the Interior or the Department of Agri22 culture, exclusive of any easement, right-of-way, 

23 lease, or private holding that does not otherwise 

24 qualify or is not otherwise selected as a covered 

25 project under— 


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1 (i) title XLI of the Fixing America’s 

2 Surface Transportation Act (42 U.S.C. 

3 4370m–1 et seq.); or 

4 (ii) section 2045 of the Water Re5 sources Development Act of 2007 (33 

6 U.S.C. 2348). 

7 (B) EXCLUSION.—The term ‘‘qualifying 

8 project’’ does not include a project described in 

9 subparagraph (A) for which the project sponsor 

10 elects not to submit a substantially complete 

11 proposal under this subtitle. 

12 (5) SUBSTANTIALLY COMPLETE PROPOSAL.— 

13 (A) IN GENERAL.—The term ‘‘substan14 tially complete proposal’’ means a proposal sub15 mitted by or on behalf of a project sponsor that 

16 includes information describing a proposed 

17 qualifying project and all components of the 

18 qualifying project in sufficient detail to under19 stand jurisdictional boundaries to determine in20 volvement of participating agencies and re21 sources that may be affected by the qualifying 

22 project. 

23 (B) INCLUSIONS.—A substantially com24 plete proposal shall include, at a minimum, the 

25 following: 


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1 (i) A statement of the purposes and 

2 objectives of the proposed qualifying 

3 project. 

4 (ii) A concise description, including 

5 the location, of the proposed qualifying 

6 project. 

7 (iii) A summary of geospatial informa8 tion, if available, illustrating the qualifying 

9 project area. 

10 (iv) Geospatial information with loca11 tions, if any, of environmental, cultural, 

12 and historical resources (such as habitat 

13 types, species present or known to occur in 

14 the area, surface water, groundwater, wet15 land, and land ownership). 

16 (v) A statement regarding the tech17 nical and financial ability of the project 

18 sponsor. 

19 (vi) A statement of any Federal, 

20 State, and local agency and Tribal financ21 ing, environmental reviews, permits, and 

22 authorizations anticipated to be required to 

23 complete the proposed qualifying project. 

24 (6) UNIFIED ENVIRONMENTAL RECORD.—The 

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1 pilation of environmental compliance documents 

2 (such as those required under applicable Federal 

3 law, including the National Environmental Policy 

4 Act of 1969 (42 U.S.C. 4321 et seq.), the Endan5 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

6 the Federal Water Pollution Control Act (33 U.S.C. 

7 1251 et seq.), and division A of subtitle III of title 

8 54, United States Code) on which all agencies with 

9 authority to issue approvals for a particular quali10 fying project shall base approval decisions. 

11 SEC. 102. ESTABLISHMENT OF LEAD COORDINATING AGEN12 CY AND PARTICIPATING AGENCIES. 

13 (a) ESTABLISHMENT OF LEAD AGENCY.—The Bu14 reau is established as the lead coordinating agency for 

15 purposes of coordinating all reviews, analyses, opinions, 

16 statements, permits, licenses, or other approvals or deci17 sions required under Federal law to construct qualifying 

18 projects. 

19 (b) IDENTIFICATION AND ESTABLISHMENT OF PAR20 TICIPATING AGENCIES.—The Commissioner, on receipt of 

21 a substantially complete proposal, shall— 

22 (1) identify, as early as practicable, any Federal 

23 agency that may have jurisdiction over a review, 

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1 proval, or decision required for a qualifying project 

2 under applicable Federal law; and 

3 (2) notify any Federal agency identified under 

4 paragraph (1), within a reasonable timeframe, that 

5 the agency has been designated as a participating 

6 agency with regard to the qualifying project unless 

7 that agency responds to the Commissioner in writ8 ing, within a timeframe established by the Commis9 sioner, notifying the Commissioner that the agen10 cy— 

11 (A) has no jurisdiction or authority with 

12 respect to the qualifying project; 

13 (B) has no expertise or information rel14 evant to the qualifying project or any review, 

15 analysis, opinion, statement, permit, license, or 

16 other approval or decision associated with the 

17 qualifying project; or 

18 (C) does not intend to submit comments 

19 on the qualifying project or conduct any review 

20 of the qualifying project or make any decision 

21 with respect to the project in a manner other 

22 than in cooperation with the Commissioner. 

23 (c) STATE OR TRIBAL AUTHORITY.—A State or an 

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1 fying project is being considered may choose, consistent 

2 with State or Tribal law— 

3 (1) to participate as a participating agency; and 

4 (2) to make subject to this Act all State or 

5 Tribal agencies that— 

6 (A) have jurisdiction over the qualifying 

7 project; 

8 (B) are required to conduct or issue a re9 view, analysis, or opinion for the qualifying 

10 project; or 

11 (C) are required to make a determination 

12 on issuing a permit, license, or approval for the 

13 qualifying project. 

14 (d) COOPERATING AGENCIES.—The Commissioner, 

15 as the head of the lead coordinating agency, shall identify 

16 cooperating agencies pursuant to the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

18 SEC. 103. BUREAU RESPONSIBILITIES. 

19 (a) IN GENERAL.—The principal responsibilities of 

20 the Commissioner under this subtitle are— 

21 (1) to serve as the point of contact for any 

22 project sponsors, State agencies, Indian Tribes, and 

23 other entities regarding proposed qualifying projects; 

24 (2) to coordinate preparation of a unified envi25 ronmental record that will serve as the basis for all 


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1 Federal decisions necessary to authorize the use of 

2 Federal land for qualifying projects; and 

3 (3) to coordinate all Federal agency reviews 

4 necessary for qualifying project development and 

5 construction of qualifying projects. 

6 (b) COORDINATION PROCESS.—The Commissioner 

7 shall have the following coordination responsibilities: 

8 (1) EARLY COORDINATION.—Lead early coordi9 nation, prior to the application of the National Envi10 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.), as follows: 

12 (A) On request from a project sponsor, ad13 vise the project sponsor in developing a sub14 stantially complete proposal for the qualifying 

15 project, including explaining applicable proc16 esses, data requirements, and applicant submis17 sions necessary to complete the required Fed18 eral agency reviews within the timeframe estab19 lished. 

20 (B) Review a final proposal submitted by 

21 a project sponsor and, not later than 30 days 

22 after receipt of the final proposal, make a de23 termination whether— 

24 (i) the final proposal is a substantially 

25 complete proposal; and 


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1 (ii) the final proposal describes a 

2 qualifying project. 

3 (C) Establish a preliminary schedule for 

4 the qualifying project. 

5 (2) COORDINATE WITH PARTICIPATING AND CO6 OPERATING AGENCIES.— 

7 (A) Coordinate notification of participating 

8 agencies and invitation to cooperating agencies 

9 with respect to each proposed qualifying project 

10 by not later than 30 days after the date on 

11 which the Commissioner makes a positive deter12 mination under clauses (i) and (ii) of paragraph 

13 (1)(B). 

14 (B)(i) Coordinate with the participating 

15 agencies and cooperating agencies throughout 

16 the Federal agency review process. 

17 (ii) Identify and obtain relevant data in a 

18 timely manner. 

19 (iii) Verify and, if necessary, revise the 

20 project schedule described in paragraph (3). 

21 (iv) In consultation with the project spon22 sor, set necessary deadlines for participating 

23 agencies and cooperating agencies. 

24 (3) SCHEDULE.— 


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1 (A) IN GENERAL.—Work with the project 

2 sponsor and participating agencies to establish 

3 a project schedule. 

4 (B) FACTORS.—In establishing the project 

5 schedule under subparagraph (A), the Commis6 sioner shall consider, among other factors— 

7 (i) the responsibilities of participating 

8 agencies under applicable law; 

9 (ii) the resources available to the co10 operating agencies and the project sponsor, 

11 as applicable; 

12 (iii) the overall size and complexity of 

13 the qualifying project; 

14 (iv) the overall schedule for and cost 

15 of the qualifying project; and 

16 (v) the sensitivity of the natural and 

17 historic resources that may be affected by 

18 the qualifying project. 

19 (4) COORDINATED REVIEWS.—At the discretion 

20 of the Commissioner, ensure that all reviews, anal21 yses, opinions, permits, licenses, and approvals re22 quired to be issued or made by a Federal, State, or 

23 local government agency or Indian Tribe for the de24 velopment of a qualifying project shall be conducted, 

25 to the maximum extent practicable, concurrently and 


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1 completed within a time period established by the 

2 Secretary in cooperation with the participating agen3 cies. 

4 (5) ENVIRONMENTAL COMPLIANCE.— 

5 (A) IN GENERAL.—Coordinate a unified 

6 environmental record for each substantially 

7 complete proposal, incorporating a single envi8 ronmental record on which all participating 

9 agencies with authority to issue approvals for a 

10 particular qualifying project shall base project 

11 approval decisions. 

12 (B) TIMELINES.—Help ensure that partici13 pating agencies make necessary decisions de14 scribed in subparagraph (A), within the respec15 tive authorities of the participating agencies, re16 garding Federal approvals in accordance with 

17 the following timelines: 

18 (i) Not later than 1 year after accept19 ance of a substantially complete proposal, 

20 when an environmental assessment and 

21 finding of no significant impact is deter22 mined to be the appropriate level of review 

23 under the National Environmental Policy 

24 Act of 1969 (42 U.S.C. 4321 et seq.). 


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1 (ii) Not later than 1 year and 30 days 

2 after the close of the public comment pe3 riod for a draft environmental impact 

4 statement under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.), when an environmental im7 pact statement is required under that Act. 

8 (6) CONSOLIDATED ADMINISTRATIVE

9 RECORD.—Maintain a consolidated administrative 

10 record of the information assembled and used by the 

11 participating agencies as the basis for agency deci12 sions. 

13 (7) PROJECT DATA RECORDS.— 

14 (A) SUBMISSION; MAINTENANCE.—To the 

15 maximum extent practicable and consistent with 

16 Federal law, ensure that all qualifying project 

17 data is submitted and maintained in a generally 

18 accessible electronic format. 

19 (B) COMPILATION; AVAILABILITY.—Com20 pile, and where authorized under existing law, 

21 make available that project data to partici22 pating agencies, the project sponsors, and the 

23 public. 

24 (8) PROJECT MANAGER.— 


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1 (A) IN GENERAL.—Appoint a project man2 ager for each qualifying project. 

3 (B) AUTHORITY; RESPONSIBILITIES.—The 

4 project manager shall— 

5 (i) have authority to oversee the quali6 fying project and to facilitate the issuance 

7 of the relevant final authorizing documents 

8 by responsible officials; and 

9 (ii) be responsible for facilitating ful10 fillment of all Commissioner responsibil11 ities under this section and coordinating all 

12 participating agency responsibilities under 

13 section 104. 

14 SEC. 104. PARTICIPATING AGENCY RESPONSIBILITIES. 

15 (a) ADHERENCE TO BUREAU SCHEDULE.— 

16 (1) TIMEFRAMES.—On notification from the 

17 Commissioner that the Commissioner has received a 

18 substantially complete proposal relating to a quali19 fying project, the head of each participating agency 

20 shall submit to the Commissioner a timeframe under 

21 which the participating agency reasonably will be 

22 able to complete the authorizing responsibilities of 

23 the participating agency relating to the qualifying 

24 project. 

25 (2) SCHEDULE.— 


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1 (A) USE OF TIMEFRAMES.—The Commis2 sioner shall use the timeframes submitted under 

3 this subsection to establish the project schedule 

4 under section 103(b)(3). 

5 (B) ADHERENCE.—Each participating 

6 agency shall adhere to the project schedule es7 tablished by the Commissioner under section 

8 103(b)(3). 

9 (b) ENVIRONMENTAL RECORD.—The head of each 

10 participating agency shall submit to the Commissioner all 

11 environmental review material produced or compiled in the 

12 course of carrying out activities required under Federal 

13 law, consistent with the project schedule established by the 

14 Commissioner under section 103(b)(3). 

15 (c) DATA SUBMISSION.—To the maximum extent 

16 practicable and consistent with Federal law, the head of 

17 each participating agency shall submit all relevant project 

18 data to the Commissioner in a generally accessible elec19 tronic format, subject to the project schedule established 

20 by the Commissioner under section 103(b)(3). 

21 SEC. 105. FUNDING TO PROCESS PERMITS. 

22 (a) IN GENERAL.—The Secretary, after public notice 

23 in accordance with subchapter II of chapter 5, and chapter 

24 7, of title 5, United States Code (commonly known as the 

25 ‘‘Administrative Procedure Act’’), may accept and expend 


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1 funds for the development of a qualifying project under 

2 this subtitle, including the transfer to a participating 

3 agency for the purposes of this subtitle of funds contrib4 uted by a non-Federal public entity to expedite the evalua5 tion of a permit of that entity relating to a qualifying 

6 project. 

7 (b) EFFECT ON PERMITTING.— 

8 (1) IN GENERAL.—In carrying out this section, 

9 the Secretary shall ensure that the use of funds ac10 cepted under subsection (a) shall not procedurally 

11 impact impartial decisionmaking with respect to per12 mits. 

13 (2) EVALUATION OF PERMITS.—In carrying out 

14 this section, the Secretary shall ensure that the eval15 uation of permits carried out using funds accepted 

16 under this section shall— 

17 (A) be reviewed by the Regional Director 

18 of the Bureau of the region in which the quali19 fying project is located (or a designee); and 

20 (B) use the same procedures for decisions 

21 that would otherwise be required for the evalua22 tion of permits for similar projects or activities 

23 not carried out using funds authorized under 

24 this section. 


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1 (3) IMPARTIAL DECISIONMAKING.—In carrying 

2 out this section, the Secretary and the head of each 

3 participating agency receiving funds under this sec4 tion for a qualifying project shall ensure that the use 

5 of the funds accepted under this section for the 

6 qualifying project shall not— 

7 (A) substantively or procedurally impact 

8 impartial decisionmaking with respect to the 

9 issuance of permits; or 

10 (B) diminish, modify, or otherwise affect 

11 the statutory or regulatory authorities of the 

12 participating agency. 

13 (c) LIMITATION ON USE OF FUNDS.—None of the 

14 funds accepted under this section shall be used to carry 

15 out a review of the evaluation of permits required under 

16 subsection (b)(2)(A) after the Regional Director of the 

17 Bureau completes the evaluation of permits. 

18 (d) PUBLIC AVAILABILITY.—The Secretary shall en19 sure that all final permit decisions carried out using funds 

20 accepted under this section are made available to the pub21 lic, including on the internet. 


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1 Subtitle B—Modifications of 

2 Existing Programs 

3 SEC. 111. WATERSMART. 

4 (a) DEFINITION OF ELIGIBLE APPLICANT.—Section 

5 9502 of the Omnibus Public Land Management Act of 

6 2009 (42 U.S.C. 10362) is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘section’’ and inserting ‘‘subtitle’’; and 

9 (2) in paragraph (7), by inserting ‘‘State, re10 gional, or local authority the members of which in11 clude 1 or more organizations with water or power 

12 delivery authority,’’ after ‘‘water district,’’. 

13 (b) WATER MANAGEMENT IMPROVEMENT.—Section 

14 9504(a) of the Omnibus Public Land Management Act of 

15 2009 (42 U.S.C. 10364(a)) is amended— 

16 (1) in paragraph (2)(A)— 

17 (A) by striking ‘‘within the States’’ and in18 serting the following: ‘‘within— 

19 ‘‘(i) the States’’; 

20 (B) in clause (i) (as so designated), by 

21 striking ‘‘and’’ at the end and inserting ‘‘or’’; 

22 and 

23 (C) by adding at the end the following: 

24 ‘‘(ii) the State of Alaska; and’’. 

25 (2) in paragraph (3)(B)— 


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1 (A) by redesignating clauses (i) and (ii) as 

2 subclauses (I) and (II), respectively, and in3 denting appropriately; 

4 (B) in the matter preceding subclause (I) 

5 (as so redesignated), by striking ‘‘In carrying’’ 

6 and inserting the following: 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), in carrying’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(ii) INDIAN TRIBES.—In the case of 

11 an eligible applicant that is an Indian 

12 tribe, in carrying out paragraph (1), the 

13 Secretary shall not provide a grant, or 

14 enter into an agreement, for an improve15 ment to conserve irrigation water unless 

16 the Indian tribe agrees not— 

17 ‘‘(I) to use any associated water 

18 savings to increase the total irrigated 

19 acreage more than the water right of 

20 that Indian tribe, as determined by— 

21 ‘‘(aa) a court decree; 

22 ‘‘(bb) a settlement; 

23 ‘‘(cc) a law; or 


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1 ‘‘(dd) any combination of 

2 the authorities described in items 

3 (aa) through (cc); or 

4 ‘‘(II) to otherwise increase the 

5 consumptive use of water more than 

6 the water right of the Indian tribe de7 scribed in subclause (I).’’. 

8 SEC. 112. GRANTS AND COOPERATIVE AGREEMENTS WITH 

9 INDIAN TRIBES AND ORGANIZATIONS. 

10 Section 201 of the Energy and Water Development 

11 Appropriations Act, 2003 (43 U.S.C. 373d) is amended 

12 in the first sentence by inserting ‘‘Native village, Village 

13 Corporation, or Regional Corporation (as those terms are 

14 defined in section 3 of the Alaska Native Claims Settle15 ment Act (43 U.S.C. 1602)),’’ after ‘‘national Indian orga16 nization,’’. 

17 SEC. 113. COOPERATIVE WATERSHED MANAGEMENT PRO18 GRAM. 

19 Section 6001(5) of the Omnibus Public Land Man20 agement Act of 2009 (16 U.S.C. 1015(5)) is amended— 

21 (1) in subparagraph (D)(iv), by striking ‘‘and’’ 

22 at the end; 

23 (2) in subparagraph (E), by striking the period 

24 at the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(F) may be sponsored by a State or a 

2 conservation district.’’. 

3 Subtitle C—Bureau of Reclamation 

4 Transparency 

5 SEC. 121. DEFINITIONS. 

6 In this subtitle: 

7 (1) ASSET.— 

8 (A) IN GENERAL.—The term ‘‘asset’’ 

9 means any of the following assets that are used 

10 to achieve the mission of the Bureau to man11 age, develop, and protect water and related re12 sources in an environmentally and economically 

13 sound manner in the interest of the people of 

14 the United States: 

15 (i) Capitalized facilities, buildings, 

16 structures, project features, power produc17 tion equipment, recreation facilities, or 

18 quarters. 

19 (ii) Capitalized and noncapitalized 

20 heavy equipment and other installed equip21 ment. 

22 (B) INCLUSIONS.—The term ‘‘asset’’ in23 cludes assets described in subparagraph (A) 

24 that are considered to be mission critical. 


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1 (2) ASSET MANAGEMENT REPORT.—The term 

2 ‘‘Asset Management Report’’ means— 

3 (A) the annual plan prepared by the Bu4 reau known as the ‘‘Asset Management Plan’’; 

5 and 

6 (B) any publicly available information re7 lating to the plan described in subparagraph 

8 (A) that summarizes the efforts of the Bureau 

9 to evaluate and manage infrastructure assets of 

10 the Bureau. 

11 (3) MAJOR REPAIR AND REHABILITATION

12 NEED.—The term ‘‘major repair and rehabilitation 

13 need’’ means major nonrecurring maintenance at a 

14 Reclamation facility, including maintenance related 

15 to the safety of dams, extraordinary maintenance of 

16 dams, deferred major maintenance activities, and all 

17 other significant repairs and extraordinary mainte18 nance. 

19 SEC. 122. ASSET MANAGEMENT REPORT ENHANCEMENTS 

20 FOR RESERVED WORKS. 

21 (a) IN GENERAL.—Not later than 2 years after the 

22 date of enactment of this Act, the Secretary shall submit 

23 to Congress an Asset Management Report that— 

24 (1) describes the efforts of the Bureau— 


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1 (A) to maintain in a reliable manner all re2 served works at Reclamation facilities; and 

3 (B) to standardize and streamline data re4 porting and processes across regions and areas 

5 for the purpose of maintaining reserved works 

6 at Reclamation facilities; and 

7 (2) expands on the information otherwise pro8 vided in an Asset Management Report, in accord9 ance with subsection (b). 

10 (b) INFRASTRUCTURE MAINTENANCE NEEDS AS11 SESSMENT.— 

12 (1) IN GENERAL.—The Asset Management Re13 port submitted under subsection (a) shall include— 

14 (A) a detailed assessment of major repair 

15 and rehabilitation needs for all reserved works 

16 at all Reclamation projects; and 

17 (B) to the maximum extent practicable, an 

18 itemized list of major repair and rehabilitation 

19 needs of individual Reclamation facilities at 

20 each Reclamation project. 

21 (2) INCLUSIONS.—To the maximum extent 

22 practicable, the itemized list of major repair and re23 habilitation needs under paragraph (1)(B) shall in24 clude— 


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1 (A) a budget level cost estimate of the ap2 propriations needed to complete each item; and 

3 (B) an assignment of a categorical rating 

4 for each item, consistent with paragraph (3). 

5 (3) RATING REQUIREMENTS.— 

6 (A) IN GENERAL.—The system for assign7 ing ratings under paragraph (2)(B) shall be— 

8 (i) consistent with existing uniform 

9 categorization systems to inform the an10 nual budget process and agency require11 ments; and 

12 (ii) subject to the guidance and in13 structions issued under subparagraph (B). 

14 (B) GUIDANCE.—As soon as practicable 

15 after the date of enactment of this Act, the Sec16 retary shall issue guidance that describes the 

17 applicability of the rating system applicable 

18 under paragraph (2)(B) to Reclamation facili19 ties. 

20 (4) PUBLIC AVAILABILITY.—Except as provided 

21 in paragraph (5), the Secretary shall make publicly 

22 available, including on the internet, the Asset Man23 agement Report required under subsection (a). 

24 (5) CONFIDENTIALITY.—The Secretary may ex25 clude from the public version of the Asset ManageVerDate Sep 11 2014 04:36 Mar 27, 2018 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2563.IS S2563

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1 ment Report made available under paragraph (4) 

2 any information that the Secretary identifies as sen3 sitive or classified, but shall make available to the 

4 Committee on Energy and Natural Resources of the 

5 Senate and the Committee on Natural Resources of 

6 the House of Representatives a version of the report 

7 containing the sensitive or classified information. 

8 (c) UPDATES.—Not later than 2 years after the date 

9 on which the Asset Management Report is submitted 

10 under subsection (a) and biennially thereafter, the Sec11 retary shall update the Asset Management Report, subject 

12 to the requirements of section 123(b)(2). 

13 (d) CONSULTATION.—To the extent that such con14 sultation would assist the Secretary in preparing the Asset 

15 Management Report under subsection (a) and updates to 

16 the Asset Management Report under subsection (c), the 

17 Secretary shall consult with— 

18 (1) the Secretary of the Army (acting through 

19 the Chief of Engineers); and 

20 (2) water and power contractors. 

21 SEC. 123. ASSET MANAGEMENT REPORT ENHANCEMENTS 

22 FOR TRANSFERRED WORKS. 

23 (a) IN GENERAL.—The Secretary shall coordinate 

24 with the non-Federal entities responsible for the operation 

25 and maintenance of transferred works in developing reVerDate Sep 11 2014 04:36 Mar 27, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2563.IS S2563

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1 porting requirements for Asset Management Reports with 

2 respect to major repair and rehabilitation needs for trans3 ferred works that are similar to the reporting require4 ments described in section 122(b). 

5 (b) GUIDANCE.— 

6 (1) IN GENERAL.—After considering input from 

7 water and power contractors of the Bureau, the Sec8 retary shall develop and implement a rating system 

9 for transferred works that incorporates, to the max10 imum extent practicable, the rating system for major 

11 repair and rehabilitation needs for reserved works 

12 developed under section 122(b)(3). 

13 (2) UPDATES.—The ratings system developed 

14 under paragraph (1) shall be included in the up15 dated Asset Management Reports under section 

16 122(c). 

17 TITLE II—WATER MANAGEMENT 

18 IMPROVEMENT 

19 Subtitle A—Review of Flood 

20 Control Rule Curves Pilot Project 

21 SEC. 201. DEFINITIONS. 

22 In this subtitle: 

23 (1) ELIGIBLE WORKS.— 


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1 (A) IN GENERAL.—The term ‘‘eligible 

2 works’’ means a reserved works, or a trans3 ferred works for which— 

4 (i) the flood control rule curve has not 

5 been substantially adjusted during the 10- 

6 year period ending on the date of enact7 ment of this Act; and 

8 (ii) the Secretary receives a request in 

9 accordance with section 203(a). 

10 (B) EXCLUSIONS.—The term ‘‘eligible 

11 works’’ does not include— 

12 (i) any project authorized by the 

13 Boulder Canyon Project Act (43 U.S.C. 

14 617 et seq.); 

15 (ii) any project authorized by the Act 

16 of April 11, 1956 (commonly known as the 

17 ‘‘Colorado River Storage Project Act’’) (43 

18 U.S.C. 620 et seq.); or 

19 (iii) any project of the Pick-Sloan 

20 Missouri River Basin Program (authorized 

21 by section 9 of the Act of December 22, 

22 1944 (commonly known as the ‘‘Flood 

23 Control Act of 1944’’) (58 Stat. 891, chap24 ter 665)). 


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1 (2) PILOT PROJECT.—The term ‘‘pilot project’’ 

2 means the pilot project established under section 

3 202. 

4 SEC. 202. ESTABLISHMENT OF PILOT PROJECT. 

5 The Secretary shall establish within the Bureau a 

6 pilot project to adjust flood control rule curves in accord7 ance with section 204. 

8 SEC. 203. SELECTION OF ELIGIBLE WORKS. 

9 (a) REQUEST.— 

10 (1) IN GENERAL.—In order for an eligible 

11 works to be selected for inclusion in the pilot project, 

12 a responsible party shall submit a written request to 

13 the Secretary. 

14 (2) NOTICE.—Not later than 30 days after the 

15 date on which the Secretary receives a request under 

16 paragraph (1), the Secretary shall notify— 

17 (A) each responsible party of that request, 

18 using lists maintained by the Bureau; and 

19 (B) if applicable, the appropriate Federal 

20 power marketing administration. 

21 (b) SELECTION.—Each year, the Secretary shall— 

22 (1) select 1 or more eligible works for inclusion 

23 in the pilot project; and 

24 (2) submit a list of those eligible works to— 

25 (A) the Secretary of the Army; 


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1 (B) the Committee on Natural Resources 

2 of the House of Representatives; and 

3 (C) the Committee on Energy and Natural 

4 Resources of the Senate. 

5 (c) EXCLUSION.—The Secretary shall not select an 

6 eligible works for inclusion in the pilot project under sub7 section (b)(1) if, not later than 60 days after the date on 

8 which the notice is provided to each responsible party 

9 under subsection (a)(2)(A), a majority of the responsible 

10 parties submit to the Secretary an objection to the inclu11 sion of the eligible works in the pilot project. 

12 SEC. 204. ADJUSTMENT OF FLOOD CONTROL RULE. 

13 (a) IN GENERAL.—The flood control rule curve of an 

14 eligible works shall be adjusted pursuant to section 7 of 

15 the Act of December 22, 1944 (33 U.S.C. 709), if the 

16 Secretary of the Army determines that the adjustment 

17 would enhance the authorized purposes of the eligible 

18 works. 

19 (b) CONSIDERATIONS.—In the adjustment of a flood 

20 control rule curve under subsection (a), the following fac21 tors shall be considered: 

22 (1) Forecast-informed reservoir operations. 

23 (2) Improved hydrologic forecasting for— 

24 (A) precipitation; 

25 (B) snowpack; 


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1 (C) runoff; and 

2 (D) soil moisture conditions. 

3 (3) Any new watershed data, including data 

4 provided by a responsible party for the eligible 

5 works. 

6 (c) CONSULTATION.—In the adjustment of a flood 

7 control rule curve under subsection (a), the following enti8 ties shall be consulted: 

9 (1) Each responsible party for the eligible 

10 works. 

11 (2) In the case of an eligible works that pro12 duces power marketed by the Federal Government, 

13 the Federal power marketing administration that 

14 markets the power. 

15 SEC. 205. CONSULTATION. 

16 The Secretary shall consult with the Secretary of the 

17 Army with respect to any action taken by the Secretary 

18 of the Army— 

19 (1) pursuant to section 7 of the Act of Decem20 ber 22, 1944 (33 U.S.C. 709); and 

21 (2) that relates to the pilot project. 

22 SEC. 206. FUNDING. 

23 (a) IN GENERAL.—The Secretary may accept 

24 amounts from responsible parties to fund all or a portion 


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1 of the cost of carrying out an adjustment under section 

2 204. 

3 (b) TRANSFER TO SECRETARY OF THE ARMY.—The 

4 Secretary shall transfer to the Secretary of the Army any 

5 amounts received under subsection (a) that are to be used 

6 for an adjustment under section 204. 

7 (c) NON-FEDERAL RESERVOIR OPERATIONS.—Sec8 tion 5 of the Act of June 22, 1936 (33 U.S.C. 701h), 

9 is amended by inserting after ‘‘authorized purposes of the 

10 project:’’ the following: ‘‘Provided further, That the Sec11 retary is authorized to receive and expend funds from an 

12 owner of a non-Federal reservoir to formulate, review, or 

13 revise operational documents for any non-Federal res14 ervoir for which the Secretary is authorized to prescribe 

15 regulations for the use of storage allocated for flood risk 

16 management or navigation pursuant to section 7 of the 

17 Act of December 22, 1944 (33 U.S.C. 709):’’. 

18 SEC. 207. EFFECT. 

19 Nothing in this subtitle— 

20 (a) affects or modifies any existing authority to re21 view or modify— 

22 (1) reservoir operations, including any existing 

23 forecast-informed reservoir operations at a facility of 

24 the Corps of Engineers, such as Coyote Dam; and 

25 (2) flood control operations; or 


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1 (b) affects or modifies any authorized purpose of any 

2 project carried out by the Secretary. 

3 SEC. 208. TERMINATION. 

4 The pilot project shall terminate on the date that is 

5 15 years after the date of enactment of this Act. 

6 Subtitle B—Aquifer Recharge 

7 Augmentation 

8 SEC. 211. DEFINITIONS. 

9 In this subtitle: 

10 (1) ELIGIBLE LAND.—The term ‘‘eligible land’’, 

11 with respect to a Reclamation project, means land 

12 that— 

13 (A) is authorized to receive water under 

14 State law; and 

15 (B) shares a groundwater source with land 

16 located in the service area of the Reclamation 

17 project. 

18 (2) IN-LIEU RECHARGE.—The term ‘‘in-lieu re19 charge’’ means the use of surface water instead of 

20 pumped groundwater if that use of surface water 

21 will cause the direct reduction or elimination of 

22 groundwater withdrawals. 

23 (3) NET WATER STORAGE BENEFIT.—The term 

24 ‘‘net water storage benefit’’ means an increase in the 

25 volume of water that is— 


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1 (A) stored in 1 or more reservoirs or 

2 aquifers; and 

3 (B) available for use within the area served 

4 by a Reclamation project. 

5 SEC. 212. RESCHEDULING OF WATER FOR AQUIFER RE6 CHARGE. 

7 (a) IDENTIFYING OPERATIONS.—On the request of a 

8 responsible party of a Reclamation project, the Secretary 

9 may identify operations— 

10 (1) to allow for the rescheduling of water that 

11 is allocated in a water service or repayment contract 

12 with the Bureau with respect to the Reclamation 

13 project— 

14 (A) to increase the ability to regulate the 

15 timing of releases that may increase the quan16 tity of water available for aquifer recharge; and 

17 (B) that occurs not earlier than 90 days 

18 before, and not later than 90 days after, the 

19 dates required for the release of water under 

20 the Reclamation project contract; and 

21 (2) that— 

22 (A) comply with State law; and 

23 (B) the Secretary determines result in a 

24 net water storage benefit. 

25 (b) CARRYING OUT OPERATIONS.— 


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1 (1) IN GENERAL.—The Secretary may carry out 

2 operations identified under subsection (a) in accord3 ance with this subsection. 

4 (2) REQUEST.— 

5 (A) IN GENERAL.—Before the Secretary 

6 may carry out operations under paragraph (1), 

7 the responsible party shall submit to the Sec8 retary a request for the operations. 

9 (B) NOTICE.—Not later than 30 days 

10 after the date on which the Secretary receives 

11 a request under subparagraph (A), the Sec12 retary shall notify— 

13 (i) each responsible party of that re14 quest, using lists maintained by the Bu15 reau; and 

16 (ii) if applicable, the appropriate Fed17 eral power marketing administration. 

18 SEC. 213. FLEXIBILITY TO ALLOW GREATER AQUIFER RE19 CHARGE. 

20 (a) CONTRACTS FOR AQUIFER RECHARGE.— 

21 (1) IN GENERAL.—The Secretary may enter 

22 into a contract for the purpose of aquifer recharge 

23 using water— 


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1 (A) released from any Reclamation facility 

2 or body of water as a result of flood control op3 erations; and 

4 (B) that is surplus to the needs of a Rec5 lamation project. 

6 (2) REQUIREMENTS.—A contract under para7 graph (1) shall— 

8 (A) give priority to recharge of a ground9 water basin that is fully or partially underlying 

10 land authorized to be served by a Reclamation 

11 project; 

12 (B) be under such terms and conditions as 

13 the Secretary determines are appropriate; 

14 (C) provide that the intended use of water 

15 is aquifer recharge; 

16 (D) comply with State law; and 

17 (E) not be implemented in a manner that 

18 is detrimental to— 

19 (i) an existing water contract or 

20 power service contract under the Reclama21 tion project; or 

22 (ii) rights of prior appropriators 

23 under State law. 

24 (b) AQUIFER RECHARGE ON ELIGIBLE LAND.— 


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1 (1) IN GENERAL.—Subject to paragraphs (3) 

2 and (4), a holder of a water service or repayment 

3 contract for a Reclamation project may— 

4 (A) directly use water available under the 

5 contract for aquifer recharge on eligible land; or 

6 (B) enter into an agreement with an indi7 vidual or entity to transfer water available 

8 under the contract for aquifer recharge on eligi9 ble land. 

10 (2) AUTHORIZED PROJECT PURPOSE.—The use 

11 of water for aquifer recharge under paragraph (1) 

12 shall be considered an authorized purpose for the 

13 Reclamation project under the reclamation laws. 

14 (3) MODIFICATIONS TO CONTRACTS.—The Sec15 retary may modify an existing water contract de16 scribed in paragraph (1) if the Secretary determines 

17 that the modification is— 

18 (A) necessary to allow for the use of water 

19 available under the contract for aquifer re20 charge under this subsection; 

21 (B) in the best interest of the Reclamation 

22 project and the United States; and 

23 (C) approved by the association of water 

24 users that is responsible for repaying the cost 

25 of construction, operations, and maintenance of 


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1 the facility that delivers the water under the 

2 contract. 

3 (4) REQUIREMENTS.—The use or transfer of 

4 water for aquifer recharge under this subsection 

5 shall be subject to the requirements that— 

6 (A) the use or transfer shall not be imple7 mented in a manner that is detrimental to any 

8 water or power service for the Reclamation 

9 project; and 

10 (B) before the use or transfer, the Sec11 retary shall determine that the use or trans12 fer— 

13 (i)(I) results in a net water storage 

14 benefit for the Reclamation project; or 

15 (II) contributes to the recharge of a 

16 depleted aquifer on eligible land; and 

17 (ii) complies with State law. 

18 (5) RELATION TO CENTRAL VALLEY PROJECT

19 IMPROVEMENT ACT.—Section 3405 of the Central 

20 Valley Project Improvement Act (Public Law 102– 

21 575; 106 Stat. 4709) shall not apply to the use or 

22 transfer of water for aquifer recharge under a con23 tract described in subsection (a) or this subsection. 

24 (c) USE OF BUREAU FACILITIES.— 


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1 (1) IN GENERAL.—The Commissioner may 

2 allow the use of excess capacity in Bureau convey3 ance facilities for carriage of non-Reclamation 

4 project water for aquifer recharge, on the condition 

5 that— 

6 (A) the use— 

7 (i) shall not be implemented in a man8 ner that is detrimental to any water or 

9 power service for the Reclamation project; 

10 (ii) shall be consistent with existing 

11 water quality guidelines for the Reclama12 tion project; and 

13 (iii) shall comply with State law; and 

14 (B) the non-Federal party to an existing 

15 contract for water or water capacity in a Rec16 lamation facility shall consent to the use of the 

17 Reclamation facility under this subsection. 

18 (2) EFFECT ON EXISTING CONTRACTS.—Noth19 ing in this subsection affects a contract— 

20 (A) in effect on the date of enactment of 

21 this Act; and 

22 (B) under which the use of excess capacity 

23 in a Bureau conveyance facility for carriage of 

24 non-Reclamation project water for aquifer re25 charge is allowed. 


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1 (d) ADMINISTRATION.— 

2 (1) DEPOSIT OF FUNDS.—Amounts derived 

3 under this section by the Secretary shall be— 

4 (A) deposited in the reclamation fund es5 tablished by the first section of the Act of June 

6 17, 1902 (32 Stat. 388, chapter 1093); and 

7 (B) credited to the Reclamation project 

8 from which the water is supplied. 

9 (2) IN-LIEU RECHARGE.—To the extent con10 sistent with State law, in-lieu recharge may be car11 ried out under this section. 

12 (3) RECLAMATION LAW.—This section supple13 ments and amends the Act of June 17, 1902 (32 

14 Stat. 388, chapter 1093), and Acts supplemental to 

15 and amendatory of that Act (43 U.S.C. 371 et seq.). 

16 SEC. 214. USE OF PUBLIC LAND FOR AQUIFER RECHARGE. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the Secretary should give priority to the use 

20 of Bureau of Land Management land for aquifer re21 charge, to the extent that the use is consistent with 

22 the management of the multiple resource values of 

23 the land; and 


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1 (2)(A) areas of critical environmental concern 

2 may be compatible with, and in some cases benefit 

3 from, aquifer recharge activities; and 

4 (B) the designation of an area of critical envi5 ronmental concern should not disqualify that area 

6 from consideration for aquifer recharge if the land 

7 being protected by the designation could benefit in 

8 value from the application of a water supply. 

9 (b) CONVEYANCE OF WATER.—The conveyance of 

10 water through a project facility that crosses Bureau of 

11 Land Management land for the purpose of aquifer re12 charge shall not require a new or additional permit or au13 thorization if— 

14 (1) the existing project facility has a valid right 

15 of way, easement, or other agreement that allows 

16 conveyance of water for a purpose other than aquifer 

17 recharge; 

18 (2) that conveyance of water does not result in 

19 a substantial change to the operation of the project 

20 facility; and 

21 (3) the entity operating the project facility con22 sents to that conveyance of water. 


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1 TITLE III—WATER SUPPLY 

2 CERTAINTY 

3 Subtitle A—Water Rights 

4 Protection 

5 SEC. 301. DEFINITIONS. 

6 In this subtitle: 

7 (1) SECRETARY.—The term ‘‘Secretary’’ 

8 means, as applicable— 

9 (A) the Secretary of Agriculture; or 

10 (B) the Secretary of the Interior. 

11 (2) WATER RIGHT.—The term ‘‘water right’’ 

12 means any surface water, groundwater, or water 

13 storage right filed, permitted, certificated, con14 firmed, decreed, adjudicated, or otherwise recognized 

15 by a judicial proceeding or by the State, in which 

16 the user acquires the right to put the water to bene17 ficial use, including water rights for federally recog18 nized Indian Tribes. 

19 SEC. 302. TREATMENT OF WATER RIGHTS. 

20 The Secretary shall not— 

21 (1) condition the issuance, renewal, amendment, 

22 or extension of any permit, approval, license, lease, 

23 allotment, easement, right-of-way, or other land use 

24 or occupancy agreement on the transfer of any water 

25 right (including joint and sole ownership) directly to 


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1 the United States, or on any impairment of title, in 

2 whole or in part, granted or otherwise recognized 

3 under State law, by Federal or State adjudication, 

4 decree, or other judgment, or pursuant to any inter5 state water compact; 

6 (2) require any water user (including any feder7 ally recognized Indian Tribe) to apply for or acquire 

8 a water right in the name of the United States 

9 under State law as a condition of the issuance, re10 newal, amendment, or extension of any permit, ap11 proval, license, lease, allotment, easement, right-of12 way, or other land use or occupancy agreement; or 

13 (3) condition or withhold the issuance, renewal, 

14 amendment, or extension of any permit, approval, li15 cense, lease, allotment, easement, right-of-way, or 

16 other land use or occupancy agreement, in whole or 

17 in part, on— 

18 (A) limiting the date, time, quantity, loca19 tion of diversion or pumping, or place of use of 

20 a State water right beyond any applicable limi21 tations under State water law; or 

22 (B) the modification of the terms and con23 ditions of groundwater withdrawal, guidance 

24 and reporting procedures, or conservation and 


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1 source protection measures established by a 

2 State. 

3 SEC. 303. POLICY DEVELOPMENT. 

4 In developing any rule, policy, directive, management 

5 plan, or similar Federal action relating to the issuance, 

6 renewal, amendment, or extension of any permit, approval, 

7 license, lease, allotment, easement, right-of-way, or other 

8 land use or occupancy agreement, the Secretary— 

9 (1) shall— 

10 (A) recognize the longstanding authority of 

11 the States relating to evaluating, protecting, al12 locating, regulating, permitting, and adjudi13 cating water use; and 

14 (B) coordinate with the States to ensure 

15 that any rule, policy, directive, management 

16 plan, or similar Federal action is consistent 

17 with, and imposes no greater restriction or reg18 ulatory requirement, than applicable State 

19 water law; and 

20 (2) shall not— 

21 (A) adversely affect— 

22 (i) the authority of a State in— 

23 (I) permitting the beneficial use 

24 of water; or 

25 (II) adjudicating water rights; 


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1 (ii) any definition established by a 

2 State with respect to the term ‘‘beneficial 

3 use’’, ‘‘priority of water rights’’, or ‘‘terms 

4 of use’’; or 

5 (iii) any other right or obligation of a 

6 State established under State law; or 

7 (B) assert any connection between surface 

8 and groundwater that is inconsistent with such 

9 a connection recognized by State water laws. 

10 SEC. 304. EFFECT. 

11 (a) EXISTING AUTHORITY.—Except as provided in 

12 section 302, nothing in this subtitle limits or expands any 

13 existing legally recognized authority of the Secretary to 

14 issue, grant, or condition any permit, approval, license, 

15 lease, allotment, easement, right-of-way, or other land use 

16 or occupancy agreement on Federal land that is subject 

17 to the jurisdiction of the Secretary. 

18 (b) RECLAMATION CONTRACTS.—Nothing in this 

19 subtitle interferes with any existing or future Bureau con20 tract entered into pursuant to Federal reclamation law 

21 (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 

22 and Acts supplemental to and amendatory of that Act). 

23 (c) ENDANGERED SPECIES ACT.—Nothing in this 

24 subtitle affects the implementation of the Endangered 

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


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1 (d) FEDERAL RESERVED WATER RIGHTS.—Nothing 

2 in this subtitle limits or expands any existing reserved 

3 water rights of the Federal Government on land adminis4 tered by the Secretary. 

5 (e) FEDERAL POWER ACT.—Nothing in this subtitle 

6 limits or expands authorities pursuant to sections 4(e), 

7 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 

8 803(j), 811). 

9 (f) INDIAN WATER RIGHTS.—Nothing in this subtitle 

10 limits or expands any existing reserved water right or trea11 ty right of any federally recognized Indian Tribe. 

12 (g) FEDERALLY HELD STATE WATER RIGHTS.— 

13 Nothing in this subtitle limits the ability of the Secretary, 

14 through applicable State procedures, to acquire, use, en15 force, or protect a State water right owned by the United 

16 States. 

17 Subtitle B—Permits for Water 

18 Transfers 

19 SEC. 311. PERMITS FOR WATER TRANSFERS. 

20 Section 122.3(i) of title 40, Code of Federal Regula21 tions, is enacted into law. 


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1 Subtitle C—Endangered Fish 

2 Recovery Programs 

3 SEC. 321. EXTENSION OF AUTHORIZATION TO USE UPPER 

4 COLORADO RIVER BASIN FUND REVENUES 

5 FOR ANNUAL BASE FUNDING OF FISH RECOV6 ERY PROGRAMS; REMOVAL OF CERTAIN RE7 PORTING REQUIREMENT. 

8 Section 3(d)(2) of Public Law 106–392 (114 Stat. 

9 1604; 126 Stat. 2444) is amended— 

10 (1) in the fourth sentence— 

11 (A) by striking ‘‘2019’’ and inserting 

12 ‘‘2023’’; and 

13 (B) by striking ‘‘; except that’’ and all that 

14 follows through ‘‘capital projects and moni15 toring’’; and 

16 (2) by striking the fifth, sixth, and seventh sen17 tences. 

18 SEC. 322. REPORT ON RECOVERY IMPLEMENTATION PRO19 GRAMS. 

20 Section 3 of Public Law 106–392 (114 Stat. 1603; 

21 126 Stat. 2444) is amended by adding at the end the fol22 lowing: 

23 ‘‘(j) REPORT.— 


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1 ‘‘(1) IN GENERAL.—Not later than September 

2 30, 2021, the Secretary shall submit to the appro3 priate committees of Congress a report that— 

4 ‘‘(A) describes the accomplishments of the 

5 Recovery Implementation Programs; 

6 ‘‘(B) identifies— 

7 ‘‘(i) as of the date of the report, the 

8 listing status under the Endangered Spe9 cies Act of 1973 (16 U.S.C. 1531 et seq.) 

10 of the Colorado pikeminnow, humpback 

11 chub, razorback sucker, and bonytail; and 

12 ‘‘(ii) as of September 30, 2023, the 

13 projected listing status under that Act of 

14 each of the species referred to in clause (i); 

15 ‘‘(C)(i) identifies— 

16 ‘‘(I) the total expenditures and the ex17 penditures by categories of activities by the 

18 Recovery Implementation Programs during 

19 the period beginning on the date on which 

20 the applicable Recovery Implementation 

21 Program was established and ending on 

22 September 30, 2021; and 

23 ‘‘(II) projected expenditures by the 

24 Recovery Implementation Programs during 


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•S 2563 IS

1 the period beginning on October 1, 2021, 

2 and ending on September 30, 2023; and 

3 ‘‘(ii) for purposes of the expenditures iden4 tified under clause (i), includes a description 

5 of— 

6 ‘‘(I) any expenditures of appropriated 

7 funds; 

8 ‘‘(II) any power revenues; 

9 ‘‘(III) any contributions by the States, 

10 power customers, Tribes, water users, and 

11 environmental organizations; and 

12 ‘‘(IV) any other sources of funds for 

13 the Recovery Implementation Programs; 

14 and 

15 ‘‘(D) describes— 

16 ‘‘(i) any activities to be carried out 

17 under the Recovery Implementation Pro18 gram after September 30, 2023; and 

19 ‘‘(ii) the projected cost of the activi20 ties described under clause (i). 

21 ‘‘(2) CONSULTATION REQUIRED.—The Sec22 retary shall consult with the participants in the Re23 covery Implementation Programs in preparing the 

24 report under paragraph (1).’’. 

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