IB 

Union Calendar No. 253 

115TH CONGRESS 

1ST SESSION H. R. 1769 

[Report No. 115–349] 

To affirm an agreement between the United States and Westlands Water 

District dated September 15, 2015, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2017 

Mr. VALADAO introduced the following bill; which was referred to the 

Committee on Natural Resources 

OCTOBER 16, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on March 28, 2017] 


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A BILL 

To affirm an agreement between the United States and 

Westlands Water District dated September 15, 2015, 

and for other purposes. 


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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 ‘‘San 

5 Luis Unit Drainage Resolution Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Approval of agreement. 

Sec. 4. Relief from drainage obligation. 

Sec. 5. Drainage implementation. 

Sec. 6. Water delivery contracts. 

Sec. 7. Repayment obligations. 

Sec. 8. Transfer of title to certain facilities. 

Sec. 9. Compliance with applicable law. 

Sec. 10. No water supply or financial impacts on other Central Valley Project 

contractors. 

Sec. 11. Restoration Fund payments by Westlands Water District. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) CENTRAL VALLEY PROJECT IMPROVEMENT

11 ACT OF 1992 DEFINITIONS.—As used herein, the terms 

12 ‘‘repayment contractor’’, ‘‘water service contractor’’, 

13 ‘‘water service contract’’, ‘‘exchange contractor’’, ‘‘ex14 change contract’’, ‘‘water rights settlement con15 tractor’’, ‘‘water rights settlement contract’’, ‘‘refuge 

16 contractor’’, and ‘‘refuge contract’’ shall have the 

17 same meanings respectively as each of those terms has 

18 in title XXXIV of the Central Valley Project Improve19 ment Act of 1992 (106 Stat. 4706). 


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1 (2) CONDITION OF SHORTAGE.—The term ‘‘Con2 dition of Shortage’’ means ‘‘Condition of Shortage’’ as 

3 that term is defined in existing San Luis Unit water 

4 service contracts. 

5 (3) CONTRACTING OFFICER.—The term ‘‘Con6 tracting Officer’’ means ‘‘Contracting Officer’’ as that 

7 term is defined in existing San Luis Unit water serv8 ice contracts. 

9 (4) PROJECT.—The term ‘‘Project’’ means the 

10 Central Valley Project, owned by the United States 

11 and managed by the Department of the Interior, Bu12 reau of Reclamation. 

13 (5) PROJECT WATER.—The term ‘‘Project Water’’ 

14 means all water that is developed, diverted, stored, or 

15 delivered by the Secretary in accordance with the 

16 statutes authorizing the Project and in accordance 

17 with the terms and conditions of water rights ac18 quired pursuant to California law. 

19 (6) REPAYMENT CONTRACT.—The term ‘‘repay20 ment contract’’ means the repayment contract con21 verted under section 6(a). 

22 (7) SAN LUIS ACT.—The term ‘‘San Luis Act’’ 

23 means the Act of June 3, 1960 (Public Law 86–488), 

24 and all Acts amendatory thereof and supplementary 

25 thereto. 


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1 (8) SAN LUIS UNIT.—The term ‘‘San Luis Unit’’ 

2 means those lands identified in section 1 of the San 

3 Luis Act. 

4 (9) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 (10) WESTLANDS AGREEMENT.—The term 

7 ‘‘Westlands Agreement’’ means the ‘‘Agreement be8 tween the United States and Westlands Water Dis9 trict August 2015’’, signed September 15, 2015. 

10 (11) WESTLANDS.—The term ‘‘Westlands’’ means 

11 the Westlands Water District (including Broadview 

12 Water District lands annexed within Westlands Water 

13 District) located in Fresno and Kings Counties, Cali14 fornia. 

15 SEC. 3. APPROVAL OF AGREEMENT. 

16 Notwithstanding any other provision of law, unless 

17 otherwise specified herein, the Westlands Agreement is ap18 proved and the Secretary is hereby directed to implement 

19 the terms and conditions of the Westlands Agreement. 

20 SEC. 4. RELIEF FROM DRAINAGE OBLIGATION. 

21 The San Luis Act is amended as follows: 

22 (1) In the second sentence of section 1(a) after 

23 the words ‘‘related facilities,’’, strike ‘‘but’’ and add 

24 ‘‘but such features do not include distribution systems 

25 or drains within Westlands, and’’. 


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1 (2) In the sixth sentence of section 1(a), by in2 serting the following at the end of the sentence before 

3 the period: ‘‘, except that the provision of drainage or 

4 drainage service under section 1(a) shall not apply to 

5 lands within Westlands’’. 

6 (3) In section 5, by striking the first sentence 

7 and inserting ‘‘Notwithstanding any other provision 

8 of law, the Secretary of the Interior shall have no 

9 duty to provide drainage or drainage service to 

10 Westlands. Westlands shall be responsible for the man11 agement of drainage water within its boundaries, in 

12 accordance with Federal and California law con13 sistent with the ‘Agreement between the United States 

14 and Westlands Water District August 2015’, signed 

15 September 15, 2015.’’. 

16 (4) In the first sentence of section 8 by striking 

17 the words ‘‘other than distribution systems and 

18 drains,’’. 

19 (5) In the third sentence of section 8, strike ev20 erything between the word ‘‘required’’ through and in21 cluding ‘‘(b)’’, inserting a period following the word 

22 ‘‘unit’’, and striking the remainder of the proviso in 

23 section 8. 


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1 SEC. 5. DRAINAGE IMPLEMENTATION. 

2 Upon enactment of this Act, and as provided in the 

3 Westlands Agreement, Westlands shall assume all legal re4 sponsibility for the management of drainage water within 

5 its boundaries in accordance with Federal and California 

6 law, provided that Westlands shall not discharge drainage 

7 water outside of its boundaries. 

8 SEC. 6. WATER DELIVERY CONTRACTS. 

9 (a) CONTRACT CONVERSION.—The Secretary shall con10 vert Westlands’ existing long-term or interim renewal water 

11 service contracts entered into under section 9(e) of the Act 

12 of August 4, 1939 (53 Stat. 1196), to a repayment contract 

13 under sections 9(d) and 9(c)(1) of the Act of August 4, 1939 

14 (53 Stat. 1195, 1194), consistent with the Westlands Agree15 ment. Such contract shall continue so long as Westlands 

16 fulfills its obligations under the contract. 

17 (b) ALLOCATION DECISIONS.— 

18 (1) Notwithstanding subsection (a) and as pro19 vided in the Westlands Agreement, the Secretary shall 

20 make allocation decisions in the Project affecting 

21 Westlands consistent with the requirements of all cur22 rent or future enacted Federal law including, but not 

23 limited, to the Endangered Species Act of 1973 (16 

24 U.S.C. 1531 et seq.), Reclamation law, and all deci25 sions of the California State Water Resources Control 


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1 Board establishing conditions on applicable licenses 

2 and permits for the Central Valley Project. 

3 (2) Conversion of Westlands’ contracts in sub4 section (a) shall not afford Westlands a greater or 

5 lesser right to an annual allocation of Project Water 

6 than it had prior to the conversion of its contract 

7 under this Act. 

8 (3) If there is a Condition of Shortage in the 

9 amount of water available for delivery to Westlands 

10 because of errors in physical operations of the Project, 

11 drought, other physical causes beyond the control of 

12 the Contracting Officer or actions taken by the Con13 tracting Officer to meet legal obligations, no liability 

14 shall accrue against the United States or any of its 

15 officers, agents or employees for any damage, direct or 

16 indirect, arising therefrom. 

17 (c) WATER SERVICE CONTRACT FOR LEMOORE NAVAL

18 AIR STATION.— 

19 (1) The Secretary shall enter into a contract 

20 under section 9(d) and 9(c)(1) of the Act of August 

21 4, 1939 (53 Stat. 1195, 1194), with the Secretary of 

22 the Navy for the delivery of Project Water to the 

23 Lemoore Naval Air Station to meet the needs, as de24 termined under paragraph (2), of Lemoore Naval Air 

25 Station, and all associated remaining repayment obVerDate Sep 11 2014 21:21 Oct 16, 2017 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1769.RH H1769

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1 ligations owing to the United States on the date of 

2 enactment of this Act are discharged, and the Sec3 retary shall certify that the lands within the Lemoore 

4 Naval Air Station are free from the ownership and 

5 full cost pricing limitations of Federal Reclamation 

6 law. Such contract shall continue so long as the Sec7 retary of the Navy pays all applicable charges con8 sistent with applicable law. 

9 (2) The contract amount of Project Water made 

10 available to the Lemoore Naval Air Station under the 

11 contract entered into pursuant to paragraph (1) shall 

12 be determined by the Secretary through technical 

13 analysis in cooperation with the Lemoore Naval Air 

14 Station. 

15 (3) In any year in which there may occur a 

16 Condition of Shortage in the amount of water avail17 able for delivery, the Contracting Officer shall allocate 

18 the available Project Water to Lemoore Naval Air 

19 Station in the same percentage as allocated to munic20 ipal and industrial water service contractors in the 

21 San Luis Unit of the Project. 

22 SEC. 7. REPAYMENT OBLIGATIONS. 

23 (a) SUSPENSION OF CAPITAL OBLIGATION.—Upon en24 actment of this Act, Westlands’ capital repayment obliga25 tion and payments under its existing water service conVerDate Sep 11 2014 21:21 Oct 16, 2017 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1769.RH H1769

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1 tracts and the April 1, 1965, repayment contract between 

2 the United States and Westlands (contract numbered 14– 

3 06–200–2020–A) as further defined in subsection (d), shall 

4 be suspended until the execution of the section 9(d) repay5 ment contract referenced in section 6(a) of this Act, and 

6 upon execution of the section 9(d) repayment contract, 

7 Westlands shall receive a credit against future operation 

8 and maintenance costs payable to the United States in the 

9 amount of the capital costs under the existing water service 

10 contracts and the 1965 Repayment Contract paid by 

11 Westlands between the date of the Westlands Agreement and 

12 the date of enactment of this Act. 

13 (b) COSTS.—Costs incurred by the United States for 

14 purposes of re-evaluating, planning, or providing drainage 

15 service to Westlands shall be non-reimbursable as set forth 

16 in paragraph (9)(C)(iv) of the Westlands Agreement. 

17 (c) RELIEF OF CAPITAL REPAYMENT OBLIGATIONS.— 

18 (1) Upon the date of execution of the section 9(d) 

19 repayment contracts referenced in section 6(a) of this 

20 Act, and as set forth in the Westlands Agreement, 

21 Westlands shall be relieved of— 

22 (A) its capital repayment obligations under 

23 the June 5, 1963, water service contract between 

24 the United States and Westlands (contract num25 ber 14–06–200–495–A) providing for water servVerDate Sep 11 2014 21:21 Oct 16, 2017 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1769.RH H1769

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1 ice, or any renewals thereof, and any water serv2 ice contracts assigned to Westlands, Westlands 

3 Distribution District No. 1, and Westlands Dis4 tribution District No. 2 existing as of the date 

5 of execution of the Westlands Agreement; and 

6 (B) Westlands shall be relieved of any re7 maining repayment obligation under the April 

8 1, 1965, repayment contract between the United 

9 States and Westlands (contract numbered 14– 

10 06–200–2020–A). 

11 (2) Repayment relief granted in paragraph (1) 

12 shall not extend to Westlands’ operation and mainte13 nance obligations, whether payable to the United 

14 States or to an operating non-Federal entity, or to 

15 construction costs or other capitalized costs not yet al16 located to or incurred by Westlands as of the date of 

17 the Westlands Agreement, respectively, including, but 

18 not limited to costs attributable to the Folsom Safety 

19 of Dams modifications, or the B.F. Sisk corrective ac20 tion study, or any Safety of Dams or to the repay21 ment of future capital costs incurred after the date of 

22 execution of the Westlands Agreement. 

23 (3) Central Valley Project construction costs or 

24 other capitalized costs allocated to Westlands after the 

25 date of the Westlands Agreement, and properly asVerDate Sep 11 2014 21:21 Oct 16, 2017 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1769.RH H1769

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1 signable to Westlands, shall be repaid in not more 

2 than 5 years after notification of the allocation of 

3 such amount of less than $5,000,000. If such amount 

4 is $5,000,000 or greater, such cost shall be repaid as 

5 provided by applicable Reclamation law. Any addi6 tional costs that may have been assigned to Westlands 

7 pursuant to paragraph (9)(C)(iv) of the Westlands 

8 Agreement related to the Central Valley Project final 

9 cost allocation shall be non-reimbursable. 

10 (d) APPLICABILITY OF CERTAIN PROVISIONS.— 

11 (1) RECLAMATION REFORM ACT.—Upon dis12 charge of the capital repayment obligation as pro13 vided in subsection (c), the provisions of section 

14 213(a) and (b) of the Reclamation Reform Act of 

15 1982 (96 Stat. 1269) shall be deemed to apply to 

16 lands in Westlands, and the ownership and full cost 

17 pricing limitations in any provision of Federal rec18 lamation law shall not apply to lands in Westlands 

19 notwithstanding the subsequent allocation of construc20 tion costs or other capitalized costs to Westlands. 

21 These exemptions shall be carried out in accordance 

22 with the process set forth in the Westlands Agreement. 

23 (2) OTHER PROVISIONS.—Nothing in this Act is 

24 intended to relieve Westlands of any other obligations 

25 under Reclamation law including Restoration Fund 


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1 charges pursuant to section 3407(d) of Public Law 

2 102–575. 

3 SEC. 8. TRANSFER OF TITLE TO CERTAIN FACILITIES. 

4 (a) IN GENERAL.—Upon the execution of the section 

5 9(d) repayment contract, or as soon thereafter as prac6 ticable, the Secretary shall transfer to Westlands title to: 

7 (1) San Luis Canal System, excluding the main 

8 canal which is integrated with the California Aque9 duct. These appurtenant features include: 

10 (A) Internal water distribution system 

11 within Westlands, including approximately 

12 1,045 miles of buried pipeline. 

13 (B) Pumping plants within Westlands, in14 cluding: San Luis Canal Left and Right Bank 

15 pumping plants which includes but is not lim16 ited to, Pumping Plants P1 through P38 located 

17 at the head end of the gravity laterals to supply 

18 the head required for the ‘‘P’’ laterals; and 

19 pumping plants, tanks, reservoirs, and re-lift 

20 pumping plants to serve lands west of the San 

21 Luis Canal; and Pumping Plant 7.05 off Lateral 

22 7. 

23 (C) Related structures, appurtenances, 

24 pumping plants, pumps, motors, meters, valves, 

25 tanks, transformers and electrical equipment as 


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1 specifically identified through the title transfer 

2 process of federally owned facilities, equipment, 

3 and real property. 

4 (2) Mendota Pool diversion facilities operated by 

5 Westlands, including: 

6 (A) Inlet Canal from the Fresno Slough. 

7 (B) Pumping plants 6–1, 6–2, 7–1, 7–2. 

8 (C) Related structures, appurtenances, 

9 pumps, motors, meters, valves, tanks, trans10 formers and electrical equipment as specifically 

11 identified through the title transfer process of 

12 federally owned facilities, equipment, and real 

13 property. 

14 (3) Pleasant Valley System, including: 

15 (A) Intake canal and pipeline. 

16 (B) Pleasant Valley Pumping Plant. 

17 (C) Coalinga Canal, including related check 

18 structures, turnouts, and headworks. 

19 (D) Pleasant Valley distribution system and 

20 pumping plants along the Coalinga Canal. 

21 (E) Related structures, appurtenances, 

22 pumps, motors, meters, valves, tanks, trans23 formers and electrical equipment as specifically 

24 identified through the title transfer process of 


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1 federally owned facilities, equipment, and real 

2 property. 

3 (4) Drainage collection system, including: 

4 (A) Carrier and collector pipelines, sumps, 

5 and sump pumps. 

6 (B) San Luis Drain from Sta 6678+45 to 

7 Sta 8520+22.87 (Crossing with DMC to Laguna 

8 Ave. crossing). 

9 (C) Related structures, appurtenances, 

10 pumps, motors, meters, valves, tanks, trans11 formers, and electrical equipment as specifically 

12 identified through the title transfer process of 

13 federally owned facilities, equipment, and real 

14 property. 

15 (5) Tranquillity Field Office, including: 

16 (A) Buildings at 32650 West Adams Ave17 nue, Tranquillity, CA 93668. 

18 (B) All related fixtures and furnishings as 

19 specifically identified through the title transfer 

20 process of federally owned facilities, equipment, 

21 and real property. 

22 (6) Huron Field Office, including: 

23 (A) Buildings at 32450 South Lassen Ave24 nue, Huron, CA 93234. 


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1 (B) All related fixtures and furnishings as 

2 specifically identified through the title transfer 

3 process of federally owned facilities, equipment, 

4 and real property. 

5 (7) All real property interests held by the United 

6 States in lands underlying or otherwise associated 

7 with the facilities and equipment listed in this sub8 section, including all fee title, easements, and rights 

9 of way. 

10 (b) TRANSFER OF TITLE.—Except as specifically pro11 vided in this Act, any transfer of title to the Pleasant Valley 

12 Pumping Plant, the Coalinga Canal, and any associated 

13 facilities shall not relieve any other Project Water service 

14 or repayment contractor of the requirement to pay any allo15 cated costs associated with those conveyance or pumping fa16 cilities that are properly allocated to those contractors 

17 under existing law and Project rate setting policies. 

18 (c) CONDITION OF TRANSFER.—Upon transfer of title 

19 to any facilities pursuant to this section, Westlands shall, 

20 as a condition to such transfer, formally agree that as of 

21 the date of transfer— 

22 (1) to hold the United States harmless and in23 demnify the United States for any and all claims, 

24 cost, damages, and judgments of any kind arising out 

25 of any act, omission, or occurrence relating to the 


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1 transferred facilities, except for such claims, costs, 

2 damages arising from acts of negligence committed by 

3 the United States or by its employees, agents, or con4 tractors, prior to the date of title transfer, for which 

5 the United States is found liable under the Federal 

6 Tort Claims Act; and 

7 (2) the United States shall have no responsibility 

8 for correcting and financing any repairs or defi9 ciencies that may exist at the time of or following 

10 title transfer. 

11 (d) APPLICABLE LAW.—The Secretary shall transfer 

12 title pursuant to this section consistent with all applicable 

13 Federal Reclamation policies and procedures. The Secretary 

14 and Westlands shall comply with all applicable require15 ments under Federal and California law before title to a 

16 facility is transferred pursuant to this section. 

17 SEC. 9. COMPLIANCE WITH APPLICABLE LAW. 

18 In implementing the measures authorized by this Act, 

19 the Secretary shall comply with all applicable Federal laws, 

20 rules, and regulations, including the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

22 the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

23 seq.), as necessary. 


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1 SEC. 10. NO WATER SUPPLY OR FINANCIAL IMPACTS ON 

2 OTHER CENTRAL VALLEY PROJECT CONTRAC3 TORS. 

4 Implementation of this Act and the Agreements au5 thorized thereunder shall not— 

6 (1) result in the involuntary reduction in the 

7 contract water allocation to any Project water service 

8 or repayment contractor, water rights settlement con9 tractor, exchange contractor, or refuge contractor in10 cluding contractors in the Friant Division of the 

11 Project; 

12 (2) modify, amend or affect any of the rights or 

13 obligations of the parties to any Project water service 

14 or repayment contract, water rights settlement con15 tract, exchange contract, or refuge contract, including 

16 contracts in the Friant Division of the Project; 

17 (3) alter the repayment obligation, if any, of any 

18 Project— 

19 (A) water service or repayment contractor; 

20 (B) settlement, refuge, or exchange con21 tractor; or 

22 (C) preference power contractor receiving 

23 water or power from the Project, or shift any 

24 costs to such contractors that would otherwise 

25 have been properly assignable to Westlands, in26 cluding operations and maintenance costs, conVerDate Sep 11 2014 21:21 Oct 16, 2017 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H1769.RH H1769

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1 struction costs, or other capitalized costs allo2 cated to Westlands after the date of this Act; 

3 (4) impair the ability of the United States to 

4 implement the Stipulation of Settlement approved by 

5 the district court in Natural Resources Defense Coun6 cil, et al. v. Rogers, et al. (Case No. CIV S–88–1658 

7 (LKK/GGH) E.D.Cal.), on October 23, 2006, as au8 thorized to be implemented by title X of Public Law 

9 111–11, including the Restoration Goal and Water 

10 Management Goal; and 

11 (5) diminish, impair, or otherwise affect in any 

12 manner any priorities for the allocation, delivery or 

13 use of water under applicable law, including any 

14 purposes of use and priorities established by sections 

15 3402 and 3406 of the Central Valley Project Improve16 ment Act (Public Law 102–575; 106 Stat. 4706, 

17 4714). 

18 SEC. 11. RESTORATION FUND PAYMENTS BY WESTLANDS 

19 WATER DISTRICT. 

20 For any year in which the allocation of water for 

21 south-of-Delta Project long-term water irrigation service 

22 contractors or irrigation repayment contractors is greater 

23 than 75 percent, the Secretary shall calculate for Westlands 

24 a per acre foot Restoration Fund payment based on a pro25 jection that Westlands would take delivery of the full allocaVerDate Sep 11 2014 21:21 Oct 16, 2017 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H1769.RH H1769

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1 tion made to south-of-Delta Project long-term water service 

2 contractors or repayment contractors. 


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Union Calendar No. 253 

115TH CONGRESS 

1ST SESSION H. R. 1769 

[Report No. 115–349] 

A BILL 

To affirm an agreement between the United States 

15, 2015, and for other purposes. and Westlands Water District dated September 

OCTOBER 16, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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