I 

114TH CONGRESS 

2D SESSION H. R. 5217 

To affirm ‘‘The Agreement Between the United States and Westlands Water 

District’’ dated September 15, 2015, ‘‘The Agreement Between the 

United States, San Luis Water District, Panoche Water District and 

Pacheco Water District’’, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2016 

Mr. COSTA introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To affirm ‘‘The Agreement Between the United States and 

Westlands Water District’’ dated September 15, 2015, 

‘‘The Agreement Between the United States, San Luis 

Water District, Panoche Water District and Pacheco 

Water District’’, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 (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: 

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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) NORTHERLY DISTRICTS AGREEMENT.—The 

4 term ‘‘Northerly Districts Agreement’’ means the 

5 Agreement dated lllll between the Secretary 

6 and San Luis Water District, Panoche Water Dis7 trict, and Pacheco Water District. 

8 (2) NORTHERLY SAN LUIS UNIT DISTRICTS.— 

9 The term ‘‘Northerly San Luis Unit Districts’’ 

10 means San Luis Water District, Panoche Water Dis11 trict, and Pacheco Water District. 

12 (3) PROJECT.—The term ‘‘Project’’ means the 

13 Central Valley Project owned by the United States 

14 and managed by the Department of the Interior, 

15 Bureau of Reclamation. 

16 (4) PROJECT WATER.—The term ‘‘Project 

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

18 stored, or delivered by the Secretary in accordance 

19 with the statutes authorizing the Project and in ac20 cordance with the terms and conditions of water 

21 rights acquired pursuant to California law. 

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

23 means the Act of June 3, 1960, Public Law No. 86– 

24 488 and all Acts amendatory thereof and supple25 mentary thereto. 

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1 (6) SAN LUIS UNIT.—The term ‘‘San Luis 

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

3 the Act of June 3, 1960 (Public Law 86–488, 74 

4 Stat. 156). 

5 (7) SAN LUIS UNIT CONTRACTORS.—As used 

6 herein, the term ‘‘San Luis Unit Contractors’’ 

7 means Westlands Water District (including 

8 Broadview Water District lands annexed within 

9 Westlands Water District), San Luis Water District, 

10 Panoche Water District, and Pacheco Water Dis11 trict. 

12 (8) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (9) WETLANDS AGREEMENT.—The term 

15 ‘‘Westlands Agreement’’ means the ‘‘Agreement be16 tween the United States and Westlands Water Dis17 trict August 2015’’ signed September 15, 2015. 

18 (10) 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. 

22 (11) CONDITION OF SHORTAGE.—The term 

23 ‘‘Condition of Shortage’’ means ‘‘Condition of Short24 age’’ as that term is defined in existing San Luis 

25 Unit water service contracts. 

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1 (12) CENTRAL VALLEY PROJECT IMPROVEMENT

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

3 terms ‘‘repayment contractor,’’ ‘‘repayment con4 tracts,’’ ‘‘water service contractor,’’ ‘‘water service 

5 contracts,’’ ‘‘exchange contractor,’’ ‘‘exchange con6 tracts,’’ ‘‘water rights settlement contractor,’’ 

7 ‘‘water rights settlement contracts,’’ ‘‘refuge con8 tractor,’’ and ‘‘refuge contracts’’ shall have the same 

9 meanings respectively as each of those terms has in 

10 title XXXIV of the Central Valley Project Improve11 ment Act of 1992 (106 Stat. 4705). 

12 SEC. 3. APPROVAL OF AGREEMENTS. 

13 Notwithstanding any other provision of law, unless 

14 otherwise specified herein, the Secretary is hereby directed 

15 to implement the terms and conditions of the Westlands 

16 and Northerly Districts Agreements. 

17 SEC. 4. RELIEF FROM DRAINAGE OBLIGATION. 

18 The San Luis Act is amended as follows: 

19 (1) In the second sentence of section 1(a) strike 

20 the words ‘‘distribution systems, drains.’’ 

21 (2) In the sixth sentence of section 1(a), by in22 serting a period following the phrase ‘‘and the terms 

23 and conditions of this Act’’ and striking all that fol24 lows. 

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

2 and inserting ‘‘Notwithstanding any other provision 

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

4 duty to provide drainage or drainage service to the 

5 San Luis Unit. Each contractor within the San Luis 

6 Unit that receives water for the purpose of irrigation 

7 shall be responsible for the management of drainage 

8 water within its boundaries, in accordance with Fed9 eral and California law consistent with the Agree10 ment between the United States and Westlands 

11 Water District August 2015, signed September 15, 

12 2015, and Agreement dated lllll between 

13 the Secretary and San Luis Water District, Panoche 

14 Water District, and Pacheco Water District, respec15 tively.’’. 

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 

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

22 ‘‘unit.’’ Strike the remainder of the proviso in sec23 tion 8. 

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1 SEC. 5. DRAINAGE IMPLEMENTATION. 

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

3 Westlands Agreement and Northerly Districts Agreement, 

4 each San Luis Unit Contractor shall assume all legal re5 sponsibility for the management of drainage water within 

6 its boundaries, in accordance with Federal and California 

7 law; provided that the Westlands Water District shall not 

8 discharge drainage water outside of its boundaries. 

9 SEC. 6. WATER DELIVERY CONTRACTS. 

10 (a) CONTRACT CONVERSION.—The Secretary is di11 rected to convert each San Luis Unit Contractor’s existing 

12 long-term or interim renewal water service contract en13 tered into under section 9(e) of the Act of August 4, 1939 

14 (53 Stat. 1196), to a repayment contract under sections 

15 9(d) and 9(c)(1) of the Act of August 4, 1939 (53 Stat. 

16 1195, 1194), consistent with the Westlands and Northerly 

17 Districts Agreements. 

18 (b) ALLOCATION DECISIONS.— 

19 (1) Notwithstanding subsection (a) and as pro20 vided in the Westlands and Northerly Districts 

21 Agreements, the Secretary shall make allocation de22 cisions in the Project consistent with the require23 ments of all current or future enacted Federal law, 

24 including, but not limited to the Endangered Species 

25 Act of 1973, Reclamation law, and all decisions of 

26 the California State Water Resources Control Board 

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1 establishing conditions on applicable licenses and 

2 permits for the Central Valley Project. 

3 (2) Conversion of San Luis Unit Contractors’ 

4 contracts in subsection (a) shall not afford any San 

5 Luis Unit Contractor a greater or lesser right to an 

6 annual allocation of Project Water than that San 

7 Luis Unit Contractor had prior to the conversion of 

8 its contract under this Act. 

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

10 amount of water available for delivery to the San 

11 Luis Unit Contractors because of errors in physical 

12 operations of the Project, drought, other physical 

13 causes beyond the control of the Contracting Officer 

14 or actions taken by the Contracting Officer to meet 

15 legal obligations no liability shall accrue against the 

16 United States or any of its officers, agents or em17 ployees for any damage, direct or indirect, arising 

18 therefrom. 

19 (c) WATER SERVICE CONTRACT FOR LEMOORE

20 NAVAL AIR STATION.— 

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

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

23 1939 (53 Stat. 1196), with the Secretary of the 

24 Navy for the delivery of Project Water, to the 

25 Lemoore Naval Air Station to meet the irrigation 

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1 needs of Lemoore Naval Air Station associated with 

2 air operations. 

3 (2) The contract amount of Project Water 

4 made available to the Lemoore Naval Air Station 

5 under this 9(e) contract entered into pursuant to 

6 paragraph (1) shall be determined by the Secretary 

7 through technical analysis with the Lemoore Naval 

8 Air Station. 

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

10 Condition of Shortage in the amount of water avail11 able for delivery, the Contracting Officer shall allo12 cate the available Project Water to Lemoore Naval 

13 Air Station according to the allocation steps for mu14 nicipal and industrial water service contractors 

15 under the Central Valley Project Municipal and In16 dustrial Water Shortage Policy (Policy) in its form 

17 on the effective date of the contract referenced in 

18 paragraph (1) for determining the amount of Project 

19 Water available for delivery to Lemoore Naval Air 

20 Station. For purposes of determining ‘‘historical 

21 use’’ under the Policy, Reclamation shall consider 

22 past water use for irrigation needs by the Lemoore 

23 Naval Air Station under the contract authorized by 

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

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1 SEC. 7. REPAYMENT OBLIGATIONS. 

2 (a) SUSPENSION OF CAPITAL OBLIGATION.—Upon 

3 enactment of this Act, Westlands Water District’s capital 

4 repayment obligation and payments under its existing 

5 water service contracts and the April 1, 1965, repayment 

6 contract between the United States and Westlands Water 

7 District (contract numbered 14–06–200–2020–A) as fur8 ther defined in subsection (d), shall be suspended until 

9 the execution of the 9(d) repayment contract referenced 

10 in section 6, and upon execution of the 9(d) repayment 

11 contract, Westlands Water District shall receive a credit 

12 against future operation and maintenance costs payable 

13 to the United States in the amount of the capital costs 

14 under the existing water service contracts and the 1965 

15 Repayment Contract paid by Westlands Water District be16 tween the date of the Westlands Agreement and the date 

17 of enactment of this Act. 

18 (b) CREDIT.—Upon enactment of this Act, each 

19 Northerly San Luis Unit District’s capital repayment obli20 gation and payments under its existing water service con21 tract shall be suspended until the execution of the respec22 tive 9(d) repayment contract referenced in section 6, and 

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

24 each Northerly San Luis Unit District shall receive a cred25 it against future operation and maintenance costs payable 

26 to the United States in the amount of the capital costs 

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1 under the existing water service contracts paid by that 

2 Northerly San Luis Unit District between the date of the 

3 Northerly Districts Agreements and the date of enactment 

4 of this Act. 

5 (c) COSTS.—Costs incurred by the United States for 

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

7 service to the San Luis Unit Contractors shall be non8 reimbursable as set forth in paragraphs 9(c)(iv) of the 

9 Westlands Agreement and in the Northerly Districts 

10 Agreement. 

11 (d) RELIEF OF CAPITAL REPAYMENT OBLIGA12 TIONS.— 

13 (1) Upon the date of execution of the 9(d) re14 payment contracts referenced in section 6(a), and as 

15 set forth in the Westlands Agreement: 

16 (A) Westlands Water District shall be re17 lieved of its capital repayment obligations under 

18 the June 5, 1963, water service contract be19 tween the United States and Westlands Water 

20 District (contract number 14–06–200–495–A) 

21 providing for water service, or any renewals 

22 thereof, and any water service contracts as23 signed to Westlands Water District, Westlands 

24 Distribution District No. 1, and Westlands Dismstockstill on DSK3G9T082PROD with BILLS

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1 tribution District No. 2 existing as of the date 

2 of execution of the Westlands Agreement. 

3 (B) Westlands Water District shall be re4 lieved of any remaining repayment obligation 

5 under the April 1, 1965, repayment contract 

6 between the United States and Westlands 

7 Water District (contract numbered 14–06–200– 

8 2020–A). 

9 (2) Upon the date of execution of the 9(d) re10 payment contracts referenced in section 6(a) and as 

11 set for in the Northerly Districts Agreement, each of 

12 the Northerly San Luis Unit Districts shall be re13 lieved of its capital repayment obligations under its 

14 long-term or interim renewal water service contracts 

15 or any renewals or conversions thereof (Panoche 

16 Water District, contract number 14–06–200– 

17 7864A–IR4; Pacheco Water District, contract num18 ber 6–07–20–W0469; and San Luis Water District, 

19 contract number 14–06–200–7773A–IR4) existing 

20 as of the date of execution of the Northerly Districts 

21 Agreements. 

22 (3) Repayment relief granted in paragraphs (1) 

23 and (2) shall not extend to the San Luis Unit Con24 tractors’ operation and maintenance obligations, 

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1 ating non-Federal entity, or to construction costs or 

2 other capitalized costs not yet allocated to or in3 curred by the San Luis Unit Contractors as of the 

4 date of the Westlands Agreement or Northerly Dis5 tricts Agreement, respectively, including, but not 

6 limited to, costs attributable to the Folsom Safety of 

7 Dams modifications or the B.F. Sisk corrective ac8 tion study or any Safety of Dams, or to the repay9 ment of future capital costs incurred after the date 

10 of execution of the Westlands or Northerly Districts 

11 Agreements. 

12 (4) Central Valley Project construction costs or 

13 other capitalized costs allocated to Westlands Water 

14 District after the date of the Westlands Agreement, 

15 and properly assignable to Westlands Water Dis16 trict, shall be repaid in not more than 5 years after 

17 notification of the allocation of such amount of less 

18 than $5,000,000. If such amount is $5,000,000 or 

19 greater, such cost shall be repaid as provided by ap20 plicable Reclamation law. Central Valley Project con21 struction costs or other capitalized costs allocated to 

22 any of the Northerly San Luis Unit Districts after 

23 the date of the Northerly District Agreement shall 

24 be repaid as provided by applicable Reclamation law. 

25 Any additional costs that may have been assigned to 

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1 the San Luis Unit Contractors pursuant to para2 graph 9(c)(iv) of the Westlands Agreement and in 

3 the Northerly Districts Agreement respectively, re4 lated to the Central Valley Project final cost alloca5 tion shall be non-reimbursable. 

6 (e) APPLICABILITY OF CERTAIN PROVISIONS.— 

7 (1) RECLAMATION REFORM ACT.—Upon dis8 charge of the capital repayment obligation as pro9 vided in subsection (b), the provisions of section 213 

10 (a) and (b) of the Reclamation Reform Act of 1982 

11 (96 Stat. 1269) shall be deemed to apply to lands 

12 in Westlands Water District and the Northerly San 

13 Luis Unit Districts, and the ownership and full cost 

14 pricing limitations in any provision of Federal rec15 lamation law shall not apply to lands in these Dis16 tricts notwithstanding the subsequent allocation of 

17 construction costs or other capitalized costs to the 

18 Districts. These exemptions shall be carried out in 

19 accordance with the process set forth in the 

20 Westlands Agreement and Northerly Districts 

21 Agreement. 

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

23 intended to relieve the San Luis Unit Contractors of 

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1 cluding Restoration Fund charges pursuant to sec2 tion 3407(d) of Public Law 102–575. 

3 (3) FINANCIAL ASSISTANCE.—The Secretary is 

4 authorized to provide financial assistance as speci5 fied in the Northerly District Agreement. Funds ex6 pended by the Secretary, up to $70,000,000, pursu7 ant to the Northerly Districts Agreement shall be 

8 non-reimbursable. 

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

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

11 9(d) repayment contract, or as soon thereafter as prac12 ticable, the Secretary shall transfer to Westlands Water 

13 District title to: 

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

15 canal which is integrated with the California Aque16 duct. These appurtenant features include: 

17 (A) Internal water distribution system 

18 within Westlands, including: Approximately 

19 1,045 miles of buried pipeline. 

20 (B) Pumping plants within Westlands, in21 cluding: San Luis Canal Left and Right Bank 

22 pumping plants. Includes but is not limited to 

23 Pumping Plants P1 through P38 located at the 

24 head end of the gravity laterals to supply the 

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

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

2 to serve lands west of the San Luis Canal. 

3 Pumping Plant 7.05 off Lateral 7. 

4 (C) Related structures, appurtenances, 

5 pumping plants, pumps, motors, meters, valves, 

6 tanks, transformers and electrical equipment as 

7 specifically identified through the title transfer 

8 process of federally owned facilities, equipment, 

9 and real property. 

10 (2) Mendota Pool diversion facilities operated 

11 by Westlands Water District, including: 

12 (A) Inlet Canal from the Fresno Slough. 

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

14 (C) Related structures, appurtenances, 

15 pumps, motors, meters, valves, tanks, trans16 formers and electrical equipment as specifically 

17 identified through the title transfer process of 

18 federally owned facilities, equipment, and real 

19 property. 

20 (3) Pleasant Valley System, including: 

21 (A) Intake canal and pipeline. 

22 (B) Pleasant Valley Pumping Plant. 

23 (C) Coalinga Canal, including related 

24 check structures, turnouts, and headworks. 

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1 (D) Pleasant Valley distribution system 

2 and pumping plants along the Coalinga Canal. 

3 (E) Related structures, appurtenances, 

4 pumps, motors, meters, valves, tanks, trans5 formers and electrical equipment as specifically 

6 identified through the title transfer process of 

7 federally owned facilities, equipment, and real 

8 property. 

9 (4) Drainage collection system, including: 

10 (A) Carrier and collector pipelines, sumps, 

11 and sump pumps. 

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

13 Sta 8520+22.87 (Crossing with DMC to La14 guna Ave crossing). 

15 (C) Related structures, appurtenances, 

16 pumps, motors, meters, valves, tanks, trans17 formers and electrical equipment as specifically 

18 identified through the title transfer process of 

19 federally owned facilities, equipment, and real 

20 property. 

21 (5) Tranquillity Field Office: 

22 (A) Buildings at 32650 West Adams Ave23 nue, Tranquillity, CA 93668. 

24 (B) All related fixtures and furnishings as 

25 specifically identified through the title transfer 

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1 process of federally owned facilities, equipment, 

2 and real property. 

3 (6) Huron Field Office: 

4 (A) Buildings at 32450 South Lassen Ave5 nue, Huron, CA 93234. 

6 (B) All related fixtures and furnishings as 

7 specifically identified through the title transfer 

8 process of federally owned facilities, equipment, 

9 and real property. 

10 (7) All real property interests held by the 

11 United States in lands underlying or otherwise asso12 ciated with the facilities and equipment listed in this 

13 subsection, including all fee title, easements, and 

14 rights of way. 

15 (b) DEMONSTRATION TREATMENT PLANT.—Upon 

16 execution of the section 9(d) repayment contract with the 

17 Panoche Water District, or as soon thereafter as prac18 ticable, the Secretary shall transfer to Panoche Drainage 

19 District title to the San Luis Demonstration Treatment 

20 Plant situated within the San Joaquin River Improvement 

21 Project. Upon transfer of title, the Secretary shall have 

22 no further responsibility for the operations and mainte23 nance of the San Luis Demonstration Treatment Plant. 

24 (c) SAN LUIS DRAIN.—Upon the execution of the sec25 tion 9(d) repayment contracts with the Northerly San 

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1 Luis Unit Districts, or as soon thereafter as practicable, 

2 and subject to the policies and procedures referenced in 

3 subsection (g), the Secretary shall transfer to a willing en4 tity or entities title to the portion of the San Luis Drain 

5 from Milepost 126.82 (crossing with Laguna Avenue) to 

6 Milepost 78.5 (Mud Slough) upon such terms as the Sec7 retary determines are appropriate. If no willing entity or 

8 entities are found to accept title, then the Secretary is au9 thorized to maintain title to the facility for the purpose 

10 of conveying storm water and other waters and is author11 ized to transfer at a later date. 

12 (d) TRANSFER TO THE NORTHERLY SAN LUIS UNIT

13 DISTRICTS.—Upon the execution of the respective section 

14 9(d) repayment contract with each Northerly San Luis 

15 Unit District, or as soon thereafter as practicable, and 

16 subject to the policies and procedures referenced in sub17 section (g), the Secretary shall transfer to such Northerly 

18 San Luis Unit District the United States’ interest, if any, 

19 to their respective facilities as follows: 

20 (1) To the Pacheco Water District, all facilities 

21 owned by the United States that are within and op22 erated by the Pacheco Water District, including but 

23 not limited to: 

24 (A) San Luis Canal Left Bank turnouts 

25 and any pumping plants operated by Pacheco 

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1 Water District, including but not limited to fa2 cilities at San Luis Canal Milepost 89.66LA 

3 and 89.66LB. 

4 (B) Related structures, appurtenances, 

5 pumping plants, pumps, pipelines, motors, me6 ters, valves, tanks, transformers and electrical 

7 equipment as specifically identified through the 

8 title transfer process of federally owned facili9 ties, equipment, and real property covered by 

10 this paragraph. 

11 (2) To the Panoche Water District, all facilities 

12 owned by the United States that are within and op13 erated by the Panoche Water District, including but 

14 not limited to: 

15 (A) San Luis Canal Left and Right Bank 

16 turnouts and any pumping plants operated by 

17 Panoche Water District, including but not lim18 ited to facilities at San Luis Canal Milepost 

19 96.15L; 96.85L; 100.48L and 102.64L. 

20 (B) Delta-Mendota Canal turnouts and 

21 any pumping plants operated by Panoche Water 

22 District including but not limited to facilities at 

23 Delta-Mendota Canal Milepost 93.25R and MP 

24 96.70R. 

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1 (C) Related structures, appurtenances, 

2 pumping plants, pumps, pipelines, motors, me3 ters, valves, tanks, transformers and electrical 

4 equipment as specifically identified through the 

5 title transfer process of federally owned facili6 ties, equipment, and real property covered by 

7 this paragraph. 

8 (3) To the San Luis Water District, all facili9 ties owned by the United States that are within and 

10 operated by the San Luis Water District, including 

11 but not limited to— 

12 (A) all water conveyance and lateral sys13 tems, and other related works for the fur14 nishing of water and all lands and interest in 

15 lands, any buildings, equipment and machinery 

16 necessary for the operation and maintenance of 

17 the water delivery facilities, pumping plants, 

18 turnouts, including but not limited to San Luis 

19 Water District pumping plants appurtenant to 

20 the Delta-Mendota Canal and the San Luis 

21 Canal, solely utilized by the San Luis Water 

22 District, located at miles posts: 

23 (i) D87.48R – Kaljian PP; 

24 (ii) S075.49R – PP6, PP7; 

25 (iii) S079.39R – PP8, PP9; 

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1 (iv) S082.10R – PP10, PP11; 

2 (v) S092.16R (A–D) – PP3, Fittje, 

3 PP4, PP5; and 

4 (vi) S101.70R – PP16, PP17; and 

5 (B) related structures, appurtenances, 

6 pumping plants, pumps, pipelines, motors, me7 ters, valves, tanks, transformers and electrical 

8 equipment as specifically identified through the 

9 title transfer process of federally owned facili10 ties, equipment, and real property associated 

11 with this subsection. 

12 (4) To the district receiving title to the associ13 ated facilities and equipment, all real property inter14 ests held by the United States in lands underlying 

15 or otherwise associated with the facilities and equip16 ment listed in this subsection, including all fee title, 

17 easements, and rights of way. 

18 (e) TRANSFER OF TITLE.—Except as specifically pro19 vided in this Act, any transfer of title to the Pleasant Val20 ley Pumping Plant, the Coalinga Canal, and any associ21 ated facilities shall not relieve any other Project Water 

22 service or repayment contractor of the requirement to pay 

23 any allocated costs associated with those conveyance or 

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1 tractors under existing law and Project rate setting poli2 cies. 

3 (f) CONDITION OF TRANSFER.—Upon transfer of 

4 title to any facilities pursuant to this section, the San Luis 

5 Unit Contractor(s) or other entity receiving title shall, as 

6 a condition to such transfer, formally agree that as of the 

7 date of transfer— 

8 (1) to hold the United States harmless and in9 demnify the United States for any and all claims, 

10 cost, damages, and judgments of any kind arising 

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

12 the transferred facilities, except for such claims, 

13 costs, damages arising from acts of negligence com14 mitted by the United States or by its employees, 

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

16 transfer, for which the United States is found liable 

17 under the Federal Tort Claims Act; and 

18 (2) the United States shall have no responsi19 bility for correcting and financing any repairs or de20 ficiencies that may exist at the time of or following 

21 title transfer. 

22 (g) APPLICABLE LAW.—The Secretary shall transfer 

23 title pursuant to this section consistent with all applicable 

24 Reclamation policies and procedures. The Secretary and 

25 the San Luis Unit Contractor(s) or other entity acquiring 

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1 title shall comply with all applicable requirements under 

2 Federal and California law before title to a facility is 

3 transferred pursuant to this section. The Secretary is au4 thorized and directed to develop, no later than December 

5 2019, and in consultation with districts adjacent to or 

6 seeking to use the Drain, a plan for remediation of any 

7 remaining sediment and for future use of the portion of 

8 the San Luis Drain described in subsection (c). 

9 SEC. 9. COMPLIANCE WITH APPLICABLE LAW. 

10 In implementing the measures authorized by this Act, 

11 the Secretary shall comply with all applicable Federal 

12 laws, rules, and regulations, including the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

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

15 et seq.), as necessary. 

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

17 OTHER CENTRAL VALLEY PROJECT CON18 TRACTORS. 

19 Implementation of this Act and the Agreements au20 thorized thereunder shall not— 

21 (1) result in the involuntary reduction in the 

22 contract water allocation to any Central Valley 

23 Project water service or repayment contractor, water 

24 rights settlement contractor, exchange contractor, or 

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1 refuge contractor, including contractors in the 

2 Friant Division of the Central Valley Project; 

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

4 or obligations of the parties to any Central Valley 

5 Project water service or repayment contract, water 

6 rights settlement contract, exchange contract, or ref7 uge contract, including contracts in the Friant Divi8 sion of the Central Valley Project; 

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

10 any Central Valley Project— 

11 (A) water service or repayment contractor; 

12 (B) settlement, refuge, or exchange con13 tractor; or 

14 (C) preference power contractor receiving 

15 water or power from the Central Valley Project, 

16 or shift any costs to such contractors that 

17 would otherwise have been properly assignable 

18 to San Luis Unit Contractors, including oper19 ations and maintenance costs, construction 

20 costs, or other capitalized costs allocated to San 

21 Luis Unit Contractors after the date of this 

22 Act; 

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

24 implement the Stipulation of Settlement approved by 

25 the district court in Natural Resources Defense 

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25 

•HR 5217 IH

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

2 88–1658 (LKK/GGH) E.D.Cal.), on October 23, 

3 2006, as authorized to be implemented by title X of 

4 Public Law 111–11, including the Restoration Goal 

5 and Water Management Goal; and 

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

7 manner any priorities for the allocation, delivery or 

8 use of water under applicable law, including any 

9 purposes of use and priorities established by sections 

10 3402 and 3406 of the Central Valley Project Im11 provement Act (Public Law 102–575; 106 Stat. 

12 4706). 

13 SEC. 11. RESTORATION FUND PAYMENTS BY WESTLANDS 

14 WATER DISTRICT. 

15 For any year in which the allocation of water for 

16 south-of-Delta Central Valley Project long-term water irri17 gation service contractors or irrigation repayment contrac18 tors is greater than 75 percent, the Secretary shall cal19 culate for Westlands Water District a per acre foot Res20 toration Fund payment based on a projection that 

21 Westlands Water District would take delivery of the full 

22 allocation made to south-of-Delta Central Valley Project 

23 long-term water service contractors or repayment contrac24 tors. 

Æ 

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