I 

115TH CONGRESS 

1ST SESSION H. R. 1769 

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 

A BILL 

To affirm an agreement between the United States and 

Westlands Water District dated September 15, 2015, 

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 ‘‘San 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CENTRAL VALLEY PROJECT IMPROVEMENT

4 ACT OF 1992 DEFINITIONS.—As used herein, the 

5 terms ‘‘repayment contractor’’, ‘‘water service con6 tractor’’, ‘‘water service contract’’, ‘‘exchange con7 tractor’’, ‘‘exchange contract’’, ‘‘water rights settle8 ment contractor’’, ‘‘water rights settlement con9 tract’’, ‘‘refuge contractor’’, and ‘‘refuge contract’’ 

10 shall have the same meanings respectively as each of 

11 those terms has in title XXXIV of the Central Val12 ley Project Improvement Act of 1992 (106 Stat. 

13 4705). 

14 (2) CONDITION OF SHORTAGE.—The term 

15 ‘‘Condition of Shortage’’ means ‘‘Condition of Short16 age’’ as that term is defined in existing San Luis 

17 Unit water service contracts. 

18 (3) CONTRACTING OFFICER.—The term ‘‘Con19 tracting Officer’’ means ‘‘Contracting Officer’’ as 

20 that term is defined in existing San Luis Unit water 

21 service contracts. 


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

2 Central Valley Project, owned by the United States 

3 and managed by the Department of the Interior, 

4 Bureau of Reclamation. 

5 (5) PROJECT WATER.—The term ‘‘Project 

6 Water’’ means all water that is developed, diverted, 

7 stored, or delivered by the Secretary in accordance 

8 with the statutes authorizing the Project and in ac9 cordance with the terms and conditions of water 

10 rights acquired pursuant to California law. 

11 (6) REPAYMENT CONTRACT.—The term ‘‘repay12 ment contract’’ means the repayment contract con13 verted under section 6(a). 

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

15 means the Act of June 3, 1960 (Public Law 86– 

16 488), and all Acts amendatory thereof and supple17 mentary thereto. 

18 (8) SAN LUIS UNIT.—The term ‘‘San Luis 

19 Unit’’ means those lands identified in section 1 of 

20 the San Luis Act. 

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

22 the Secretary of the Interior. 

23 (10) WESTLANDS AGREEMENT.—The term 

24 ‘‘Westlands Agreement’’ means the ‘‘Agreement beVerDate Sep 11 2014 02:59 Mar 31, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1769.IH H1769

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1 tween the United States and Westlands Water Dis2 trict August 2015’’, signed September 15, 2015. 

3 (11) WESTLANDS.—The term ‘‘Westlands’’ 

4 means the Westlands Water District (including 

5 Broadview Water District lands annexed within 

6 Westlands Water District) located in Fresno and 

7 Kings Counties, California. 

8 SEC. 3. APPROVAL OF AGREEMENT. 

9 Notwithstanding any other provision of law, unless 

10 otherwise specified herein, the Secretary is hereby directed 

11 to implement the terms and conditions of the Westlands 

12 Agreement. 

13 SEC. 4. RELIEF FROM DRAINAGE OBLIGATION. 

14 The San Luis Act is amended as follows: 

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

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

17 ‘‘but such features do not include distribution sys18 tems or drains within Westlands, and’’. 

19 (2) In the sixth sentence of section 1(a), by in20 serting the following at the end of the sentence: ‘‘ex21 cept that the provision of drainage or drainage serv22 ice under section 1(a) shall not apply to lands within 

23 Westlands.’’. 

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

25 and inserting ‘‘Notwithstanding any other provision 


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

2 duty to provide drainage or drainage service to 

3 Westlands. Westlands shall be responsible for the 

4 management of drainage water within its bound5 aries, in accordance with Federal and California law 

6 consistent with the ‘Agreement between the United 

7 States and Westlands Water District August 2015’, 

8 signed September 15, 2015.’’. 

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

10 the words ‘‘other than distribution systems and 

11 drains,’’. 

12 (5) In the third sentence of section 8, strike ev13 erything between the word ‘‘required’’ through and 

14 including ‘‘(b)’’ inserting a period following the word 

15 ‘‘unit’’ Strike the remainder of the proviso in section 

16 8. 

17 SEC. 5. DRAINAGE IMPLEMENTATION. 

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

19 Westlands Agreement, Westlands shall assume all legal re20 sponsibility for the management of drainage water within 

21 its boundaries in accordance with Federal and California 

22 law; provided that Westlands shall not discharge drainage 

23 water outside of its boundaries. 


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1 SEC. 6. WATER DELIVERY CONTRACTS. 

2 (a) CONTRACT CONVERSION.—The Secretary is di3 rected to convert Westlands’ existing long-term or interim 

4 renewal water service contracts entered into under section 

5 9(e) of the Act of August 4, 1939 (53 Stat. 1196), to 

6 a repayment contract under sections 9(d) and 9(c)(1) of 

7 the Act of August 4, 1939 (53 Stat. 1195, 1194), con8 sistent with the Westlands Agreement. 

9 (b) ALLOCATION DECISIONS.— 

10 (1) Notwithstanding subsection (a) and as pro11 vided in the Westlands Agreement, the Secretary 

12 shall make allocation decisions in the Project affect13 ing Westlands consistent with the requirements of 

14 all current or future enacted Federal law including, 

15 but not limited, to the Endangered Species Act of 

16 1973 (16 U.S.C. 1531 et seq.), Reclamation law, 

17 and all decisions of the California State Water Re18 sources Control Board establishing conditions on ap19 plicable licenses and permits for the Central Valley 

20 Project. 

21 (2) Conversion of Westlands’ contracts in sub22 section (a) shall not afford Westlands a greater or 

23 lesser right to an annual allocation of Project Water 

24 than it had prior to the conversion of its contract 

25 under this Act. 


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

2 amount of water available for delivery to Westlands 

3 because of errors in physical operations of the 

4 Project, drought, other physical causes beyond the 

5 control of the Contracting Officer or actions taken 

6 by the Contracting Officer to meet legal obligations 

7 and no liability shall accrue against the United 

8 States or any of its officers, agents or employees for 

9 any damage, direct or indirect, arising therefrom. 

10 (c) WATER SERVICE CONTRACT FOR LEMOORE

11 NAVAL AIR STATION.— 

12 (1) The Secretary is directed to enter into a 

13 contract under section 9(e) of the Act of August 4, 

14 1939 (53 Stat. 1196), with the Secretary of the 

15 Navy for the delivery of Project Water to the 

16 Lemoore Naval Air Station to meet the irrigation 

17 needs of Lemoore Naval Air Station associated with 

18 air operations. 

19 (2) The contract amount of Project Water 

20 made available to the Lemoore Naval Air Station 

21 under section 9(e) contract entered into pursuant to 

22 paragraph (1) shall be determined by the Secretary 

23 through technical analysis with the Lemoore Naval 

24 Air Station. 


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

2 Condition of Shortage in the amount of water avail3 able for delivery, the Contracting Officer shall allo4 cate the available Project Water to Lemoore Naval 

5 Air Station according to the allocation steps for mu6 nicipal and industrial water service contractors 

7 under the Central Valley Project Municipal and In8 dustrial Water Shortage Policy (Policy) in its form 

9 on the effective date of the contract referenced in 

10 paragraph (1) for determining the amount of Project 

11 Water available for delivery to Lemoore Naval Air 

12 Station. For purposes of determining ‘‘historical 

13 use’’ under the Policy, the Secretary shall consider 

14 past water use for irrigation needs by the Lemoore 

15 Naval Air Station under the contract authorized by 

16 this section, or such use previous to the contract. 

17 SEC. 7. REPAYMENT OBLIGATIONS. 

18 (a) SUSPENSION OF CAPITAL OBLIGATION.—Upon 

19 enactment of this Act, Westlands’ capital repayment obli20 gation and payments under its existing water service con21 tracts and the April 1, 1965, repayment contract between 

22 the United States and Westlands (contract numbered 14– 

23 06–200–2020–A) as further defined in subsection (d), 

24 shall be suspended until the execution of the 9(d) repay25 ment contract referenced in section 6, and upon execution 


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1 of the 9(d) repayment contract, Westlands shall receive 

2 a credit against future operation and maintenance costs 

3 payable to the United States in the amount of the capital 

4 costs under the existing water service contracts and the 

5 1965 Repayment Contract paid by Westlands between the 

6 date of the Westlands Agreement and the date of enact7 ment of this Act. 

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

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

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

11 in paragraphs (9)(C)(iv) of the Westlands Agreement. 

12 (c) RELIEF OF CAPITAL REPAYMENT OBLIGA13 TIONS.— 

14 (1) Upon the date of execution of the 9(d) re15 payment contracts referenced in section 6(a), and as 

16 set forth in the Westlands Agreement, Westlands 

17 shall be relieved of— 

18 (A) its capital repayment obligations under 

19 the June 5, 1963, water service contract be20 tween the United States and Westlands (con21 tract number 14–06–200–495–A) providing for 

22 water service, or any renewals thereof, and any 

23 water service contracts assigned to Westlands, 

24 Westlands Distribution District No. 1, and 

25 Westlands Distribution District No. 2 existing 


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1 as of the date of execution of the Westlands 

2 Agreement; and 

3 (B) Westlands shall be relieved of any re4 maining repayment obligation under the April 

5 1, 1965, repayment contract between the 

6 United States and Westlands (contract num7 bered 14–06–200–2020–A). 

8 (2) Repayment relief granted in paragraphs (1) 

9 and (2) shall not extend to Westlands’ operation and 

10 maintenance obligations, whether payable to the 

11 United States or to an operating non-Federal entity, 

12 or to construction costs or other capitalized costs not 

13 yet allocated to or incurred by Westlands as of the 

14 date of the Westlands Agreement, respectively, in15 cluding, but not limited to costs attributable to the 

16 Folsom Safety of Dams modifications, or the B.F. 

17 Sisk corrective action study, or any Safety of Dams 

18 or to the repayment of future capital costs incurred 

19 after the date of execution of the Westlands Agree20 ment. 

21 (3) Central Valley Project construction costs or 

22 other capitalized costs allocated to Westlands after 

23 the date of the Westlands Agreement, and properly 

24 assignable to Westlands, shall be repaid in not more 

25 than 5 years after notification of the allocation of 


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

2 amount is $5,000,000 or greater, such cost shall be 

3 repaid as provided by applicable Reclamation law. 

4 Any additional costs that may have been assigned to 

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

6 Westlands Agreement related to the Central Valley 

7 Project final cost allocation shall be non-reimburs8 able. 

9 (d) APPLICABILITY OF CERTAIN PROVISIONS.— 

10 (1) RECLAMATION REFORM ACT.—Upon dis11 charge of the capital repayment obligation as pro12 vided in subsection (b), the provisions of section 

13 213(a) and (b) of the Reclamation Reform Act of 

14 1982 (96 Stat. 1269) shall be deemed to apply to 

15 lands in Westlands, and the ownership and full cost 

16 pricing limitations in any provision of Federal rec17 lamation law shall not apply to lands in Westlands 

18 notwithstanding the subsequent allocation of con19 struction costs or other capitalized costs to 

20 Westlands. These exemptions shall be carried out in 

21 accordance with the process set forth in the 

22 Westlands Agreement. 

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

24 intended to relieve Westlands of any other obliga25 tions under Reclamation law including Restoration 


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

2 Law 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. Includes but is not limited to, 

16 Pumping Plants P1 through P38 located at the 

17 head end of the gravity laterals to supply the 

18 head required for the ‘‘P’’ laterals. Pumping 

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

20 to serve lands west of the San Luis Canal. 

21 Pumping Plant 7.05 off Lateral 7. 

22 (C) Related structures, appurtenances, 

23 pumping plants, pumps, motors, meters, valves, 

24 tanks, transformers and electrical equipment as 

25 specifically identified through the title transfer 


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1 process of federally owned facilities, equipment, 

2 and real property. 

3 (2) Mendota Pool diversion facilities operated 

4 by Westlands, including: 

5 (A) Inlet Canal from the Fresno Slough. 

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

7 (C) Related structures, appurtenances, 

8 pumps, motors, meters, valves, tanks, trans9 formers and electrical equipment as specifically 

10 identified through the title transfer process of 

11 federally owned facilities, equipment, and real 

12 property. 

13 (3) Pleasant Valley System, including: 

14 (A) Intake canal and pipeline. 

15 (B) Pleasant Valley Pumping Plant. 

16 (C) Coalinga Canal, including related 

17 check structures, turnouts, and headworks. 

18 (D) Pleasant Valley distribution system 

19 and pumping plants along the Coalinga Canal. 

20 (E) Related structures, appurtenances, 

21 pumps, motors, meters, valves, tanks, trans22 formers and electrical equipment as specifically 

23 identified through the title transfer process of 

24 federally owned facilities, equipment, and real 

25 property. 


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1 (4) Drainage collection system, including: 

2 (A) Carrier and collector pipelines, sumps, 

3 and sump pumps. 

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

5 Sta 8520+22.87 (Crossing with DMC to La6 guna Ave. crossing). 

7 (C) Related structures, appurtenances, 

8 pumps, motors, meters, valves, tanks, trans9 formers, and electrical equipment as specifically 

10 identified through the title transfer process of 

11 federally owned facilities, equipment, and real 

12 property. 

13 (5) Tranquillity Field Office, including: 

14 (A) Buildings at 32650 West Adams Ave15 nue, Tranquillity, CA 93668. 

16 (B) All related fixtures and furnishings as 

17 specifically identified through the title transfer 

18 process of federally owned facilities, equipment, 

19 and real property. 

20 (6) Huron Field Office, including: 

21 (A) Buildings at 32450 South Lassen Ave22 nue, Huron, CA 93234. 

23 (B) All related fixtures and furnishings as 

24 specifically identified through the title transfer 


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1 process of federally owned facilities, equipment, 

2 and real property. 

3 (7) All real property interests held by the 

4 United States in lands underlying or otherwise asso5 ciated with the facilities and equipment listed in this 

6 subsection, including all fee title, easements, and 

7 rights of way. 

8 (b) TRANSFER OF TITLE.—Except as specifically 

9 provided in this Act, any transfer of title to the Pleasant 

10 Valley Pumping Plant, the Coalinga Canal, and any asso11 ciated facilities shall not relieve any other Project Water 

12 service or repayment contractor of the requirement to pay 

13 any allocated costs associated with those conveyance or 

14 pumping facilities that are properly allocated to those con15 tractors under existing law and Project rate setting poli16 cies. 

17 (c) CONDITION OF TRANSFER.—Upon transfer of 

18 title to any facilities pursuant to this section, Westlands 

19 shall, as a condition to such transfer, formally agree that 

20 as of the date of transfer— 

21 (1) to hold the United States harmless and in22 demnify the United States for any and all claims, 

23 cost, damages, and judgments of any kind arising 

24 out of any act, omission, or occurrence relating to 

25 the transferred facilities, except for such claims, 


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1 costs, damages arising from acts of negligence com2 mitted by the United States or by its employees, 

3 agents, or contractors, prior to the date of title 

4 transfer, for which the United States is found liable 

5 under the Federal Tort Claims Act; and 

6 (2) the United States shall have no responsi7 bility for correcting and financing any repairs or de8 ficiencies that may exist at the time of or following 

9 title transfer. 

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

11 title pursuant to this section consistent with all applicable 

12 Reclamation policies and procedures. The Secretary and 

13 Westlands shall comply with all applicable requirements 

14 under Federal and California law before title to a facility 

15 is transferred pursuant to this section. 

16 SEC. 9. COMPLIANCE WITH APPLICABLE LAW. 

17 In implementing the measures authorized by this Act, 

18 the Secretary shall comply with all applicable Federal 

19 laws, rules, and regulations, including the National Envi20 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

21 and the Endangered Species Act of 1973 (16 U.S.C. 1531 

22 et seq.), as necessary. 


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

2 OTHER CENTRAL VALLEY PROJECT CON3 TRACTORS. 

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 serv8 ice or repayment contractor, water rights settlement 

9 contractor, exchange contractor, or refuge contractor 

10 including contractors in the Friant Division of the 

11 Project; 

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

13 or obligations of the parties to any Project water 

14 service or repayment contract, water rights settle15 ment contract, exchange contract, or refuge con16 tract, including contracts in the Friant Division of 

17 the Project; 

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

19 any Project— 

20 (A) water service or repayment contractor; 

21 (B) settlement, refuge, or exchange con22 tractor; or 

23 (C) preference power contractor receiving 

24 water or power from the Project, or shift any 

25 costs to such contractors that would otherwise 

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1 cluding operations and maintenance costs, con2 struction costs, or other capitalized costs allo3 cated to Westlands after the date of this Act; 

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

5 implement the Stipulation of Settlement approved by 

6 the district court in Natural Resources Defense 

7 Council, et al. v. Rogers, et al. (Case No. CIV S– 

8 88–1658 (LKK/GGH) E.D.Cal.), on October 23, 

9 2006, as authorized to be implemented by title X of 

10 Public Law 111–11, including the Restoration Goal 

11 and Water Management Goal; and 

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

13 manner any priorities for the allocation, delivery or 

14 use of water under applicable law, including any 

15 purposes of use and priorities established by sections 

16 3402 and 3406 of the Central Valley Project Im17 provement Act (Public Law 102–575; 106 Stat. 

18 4706, 4717). 

19 SEC. 11. RESTORATION FUND PAYMENTS BY WESTLANDS 

20 WATER DISTRICT. 

21 For any year in which the allocation of water for 

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

23 contractors or irrigation repayment contractors is greater 

24 than 75 percent, the Secretary shall calculate for 

25 Westlands a per acre foot Restoration Fund payment 


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1 based on a projection that Westlands would take delivery 

2 of the full allocation made to south-of-Delta Project long3 term water service contractors or repayment contractors. 

Æ 


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