II 

Calendar No. 306 

113TH CONGRESS 

2D SESSION H. R. 3964 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 6, 2014 

Received; read the first time 

FEBRUARY 10, 2014 

Read the second time and placed on the calendar 

AN ACT 

To address certain water-related concerns in the SacramentoSan Joaquin Valley, 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 ‘‘Sacramento-San Joaquin Valley Emergency Water Deliv6 ery Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CENTRAL VALLEY PROJECT WATER RELIABILITY 


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Sec. 101. Amendment to purposes. 

Sec. 102. Amendment to definition. 

Sec. 103. Contracts. 

Sec. 104. Water transfers, improved water management, and conservation. 

Sec. 105. Fish, wildlife, and habitat restoration. 

Sec. 106. Restoration fund. 

Sec. 107. Additional authorities. 

Sec. 108. Bay-Delta Accord. 

Sec. 109. Natural and artificially spawned species. 

Sec. 110. Authorized service area. 

Sec. 111. Regulatory streamlining. 

Sec. 112. Warren Act contracts. 

Sec. 113. Additional Warren Act contracts. 

Sec. 114. Pilot Program to Protect Native Anadromous Fish in the Stanislaus 

River. 

Sec. 115. San Luis Reservoir. 

TITLE II—SAN JOAQUIN RIVER RESTORATION 

Sec. 201. Repeal of the San Joaquin River settlement. 

Sec. 202. Purpose. 

Sec. 203. Definitions. 

Sec. 204. Implementation of restoration. 

Sec. 205. Disposal of property; title to facilities. 

Sec. 206. Compliance with applicable law. 

Sec. 207. Compliance with Central Valley Project Improvement Act. 

Sec. 208. No private right of action. 

Sec. 209. Implementation. 

Sec. 210. Repayment contracts and acceleration of repayment of construction 

costs. 

Sec. 211. Repeal. 

Sec. 212. Water supply mitigation. 

Sec. 213. Additional Authorities. 

TITLE III—REPAYMENT CONTRACTS AND ACCELERATION OF 

REPAYMENT OF CONSTRUCTION COSTS 

Sec. 301. Repayment contracts and acceleration of repayment of construction 

costs. 

TITLE IV—BAY-DELTA WATERSHED WATER RIGHTS 

PRESERVATION AND PROTECTION 

Sec. 401. Water rights and area-of-origin protections. 

Sec. 402. Sacramento River settlement contracts. 

Sec. 403. Sacramento River Watershed Water Service Contractors. 

Sec. 404. No redirected adverse impacts. 

TITLE V—MISCELLANEOUS 

Sec. 501. Precedent. 

Sec. 502. No effect on Proclamation of State of Emergency. 

Sec. 503. Wild and Scenic Rivers Act. 

Sec. 504. Fisheries disaster declaration. 


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1 TITLE I—CENTRAL VALLEY 

2 PROJECT WATER RELIABILITY 

3 SEC. 101. AMENDMENT TO PURPOSES. 

4 Section 3402 of the Central Valley Project Improve5 ment Act (106 Stat. 4706) is amended— 

6 (1) in subsection (f), by striking the period at 

7 the end; and 

8 (2) by adding at the end the following: 

9 ‘‘(g) to ensure that water dedicated to fish and wild10 life purposes by this title is replaced and provided to Cen11 tral Valley Project water contractors by December 31, 

12 2018, at the lowest cost reasonably achievable; and 

13 ‘‘(h) to facilitate and expedite water transfers in ac14 cordance with this Act.’’. 

15 SEC. 102. AMENDMENT TO DEFINITION. 

16 Section 3403 of the Central Valley Project Improve17 ment Act (106 Stat. 4707) is amended— 

18 (1) by amending subsection (a) to read as fol19 lows: 

20 ‘‘(a) the term ‘anadromous fish’ means those native 

21 stocks of salmon (including steelhead) and sturgeon that, 

22 as of October 30, 1992, were present in the Sacramento 

23 and San Joaquin Rivers and their tributaries and ascend 

24 those rivers and their tributaries to reproduce after matur25 ing in San Francisco Bay or the Pacific Ocean;’’; 


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1 (2) in subsection (l), by striking ‘‘and,’’ 

2 (3) in subsection (m), by striking the period 

3 and inserting ‘‘; and’’, and 

4 (4) by adding at the end the following: 

5 ‘‘(n) the term ‘reasonable flows’ means water flows 

6 capable of being maintained taking into account com7 peting consumptive uses of water and economic, environ8 mental, and social factors.’’. 

9 SEC. 103. CONTRACTS. 

10 Section 3404 of the Central Valley Project Improve11 ment Act (106 Stat. 4708) is amended— 

12 (1) in the heading, by striking ‘‘LIMITATION

13 ON CONTRACTING AND CONTRACT REFORM’’ 

14 and inserting ‘‘CONTRACTS’’; and 

15 (2) by striking the language of the section and 

16 by adding: 

17 ‘‘(a) RENEWAL OF EXISTING LONG-TERM CON18 TRACTS.—Upon request of the contractor, the Secretary 

19 shall renew any existing long-term repayment or water 

20 service contract that provides for the delivery of water 

21 from the Central Valley Project for a period of 40 years. 

22 ‘‘(b) ADMINISTRATION OF CONTRACTS.—Except as 

23 expressly provided by this Act, any existing long-term re24 payment or water service contract for the delivery of water 


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1 from the Central Valley Project shall be administered pur2 suant to the Act of July 2, 1956 (70 Stat. 483). 

3 ‘‘(c) DELIVERY CHARGE.—Beginning on the date of 

4 the enactment of this Act, a contract entered into or re5 newed pursuant to this section shall include a provision 

6 that requires the Secretary to charge the other party to 

7 such contract only for water actually delivered by the Sec8 retary.’’. 

9 SEC. 104. WATER TRANSFERS, IMPROVED WATER MANAGE10 MENT, AND CONSERVATION. 

11 Section 3405 of the Central Valley Project Improve12 ment Act (106 Stat. 4709) is amended as follows: 

13 (1) In subsection (a)— 

14 (A) by inserting before ‘‘Except as pro15 vided herein’’ the following: ‘‘The Secretary 

16 shall take all necessary actions to facilitate and 

17 expedite transfers of Central Valley Project 

18 water in accordance with this Act or any other 

19 provision of Federal reclamation law and the 

20 National Environmental Policy Act of 1969.’’; 

21 (B) in paragraph (1)(A), by striking ‘‘to 

22 combination’’ and inserting ‘‘or combination’’; 

23 (C) in paragraph (2), by adding at the end 

24 the following: 


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1 ‘‘(E) The contracting district from which 

2 the water is coming, the agency, or the Sec3 retary shall determine if a written transfer pro4 posal is complete within 45 days after the date 

5 of submission of such proposal. If such district 

6 or agency or the Secretary determines that such 

7 proposal is incomplete, such district or agency 

8 or the Secretary shall state with specificity 

9 what must be added to or revised in order for 

10 such proposal to be complete. 

11 ‘‘(F) Except as provided in this section, 

12 the Secretary shall not impose mitigation or 

13 other requirements on a proposed transfer, but 

14 the contracting district from which the water is 

15 coming or the agency shall retain all authority 

16 under State law to approve or condition a pro17 posed transfer.’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(4) Notwithstanding any other provision of 

20 Federal reclamation law— 

21 ‘‘(A) the authority to make transfers or ex22 changes of, or banking or recharge arrange23 ments using, Central Valley Project water that 

24 could have been conducted before October 30, 

25 1992, is valid, and such transfers, exchanges, 


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1 or arrangements shall not be subject to, limited, 

2 or conditioned by this title; and 

3 ‘‘(B) this title shall not supersede or re4 voke the authority to transfer, exchange, bank, 

5 or recharge Central Valley Project water that 

6 existed prior to October 30, 1992.’’. 

7 (2) In subsection (b)— 

8 (A) in the heading, by striking ‘‘METER9 ING’’ and inserting ‘‘MEASUREMENT’’; and 

10 (B) by inserting after the first sentence 

11 the following: ‘‘The contracting district or agen12 cy, not including contracting districts serving 

13 multiple agencies with separate governing 

14 boards, shall ensure that all contractor-owned 

15 water delivery systems within its boundaries 

16 measure surface water at the district or agen17 cy’s facilities up to the point the surface water 

18 is commingled with other water supplies.’’. 

19 (3) By striking subsection (d). 

20 (4) By redesignating subsections (e) and (f) as 

21 subsections (d) and (e), respectively. 

22 (5) By amending subsection (e)(as redesignated 

23 by paragraph (4))— 


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1 (A) by striking ‘‘as a result of the in2 creased repayment’’ and inserting ‘‘that exceed 

3 the cost-of-service’’; 

4 (B) by inserting ‘‘the delivery of’’ after 

5 ‘‘rates applicable to’’; and 

6 (C) by striking ‘‘, and all increased reve7 nues received by the Secretary as a result of the 

8 increased water prices established under sub9 section 3405(d) of this section,’’. 

10 SEC. 105. FISH, WILDLIFE, AND HABITAT RESTORATION. 

11 Section 3406 of the Central Valley Project Improve12 ment Act (106 Stat. 4714) is amended as follows: 

13 (1) In subsection (b)— 

14 (A) in paragraph (1)(B)— 

15 (i) by striking ‘‘is authorized and di16 rected to’’ and inserting ‘‘may’’; 

17 (ii) by inserting ‘‘reasonable water’’ 

18 after ‘‘to provide’’; 

19 (iii) by striking ‘‘anadromous fish, ex20 cept that such’’ and inserting ‘‘anad21 romous fish. Such’’; 

22 (iv) by striking ‘‘Instream flow’’ and 

23 inserting ‘‘Reasonable instream flow’’; 


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1 (v) by inserting ‘‘and the National 

2 Marine Fisheries Service’’ after ‘‘United 

3 States Fish and Wildlife Service’’; and 

4 (vi) by striking ‘‘California Depart5 ment of Fish and Game’’ and inserting 

6 ‘‘United States Geological Survey’’; 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘primary purpose’’ and 

9 inserting ‘‘purposes’’; 

10 (ii) by striking ‘‘but not limited to’’ 

11 before ‘‘additional obligations’’; and 

12 (iii) by adding after the period the fol13 lowing: ‘‘All Central Valley Project water 

14 used for the purposes specified in this 

15 paragraph shall be credited to the quantity 

16 of Central Valley Project yield dedicated 

17 and managed under this paragraph by de18 termining how the dedication and manage19 ment of such water would affect the deliv20 ery capability of the Central Valley Project 

21 during the 1928 to 1934 drought period 

22 after fishery, water quality, and other flow 

23 and operational requirements imposed by 

24 terms and conditions existing in licenses, 

25 permits, and other agreements pertaining 


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1 to the Central Valley Project under appli2 cable State or Federal law existing on Oc3 tober 30, 1992, have been met. To the full4 est extent possible and in accordance with 

5 section 3411, Central Valley Project water 

6 dedicated and managed pursuant to this 

7 paragraph shall be reused to fulfill the 

8 Secretary’s remaining contractual obliga9 tions to provide Central Valley Project 

10 water for agricultural or municipal and in11 dustrial purposes.’’; 

12 (C) by amending paragraph (2)(C) to read: 

13 ‘‘(C) If by March 15th of any year the 

14 quantity of Central Valley Project water fore15 casted to be made available to water service or 

16 repayment contractors in the Delta Division of 

17 the Central Valley Project is below 75 percent 

18 of the total quantity of water to be made avail19 able under said contracts, the quantity of Cen20 tral Valley Project yield dedicated and managed 

21 for that year under this paragraph shall be re22 duced by 25 percent.’’. 

23 (2) By adding at the end the following: 

24 ‘‘(i) SATISFACTION OF PURPOSES.— 

25 By pursuing the activities described in this 


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1 section, the Secretary shall be deemed to 

2 have met the mitigation, protection, res3 toration, and enhancement purposes of this 

4 title.’’. 

5 SEC. 106. RESTORATION FUND. 

6 (a) IN GENERAL.—Section 3407(a) of the Central 

7 Valley Project Improvement Act (106 Stat. 4726) is 

8 amended as follows: 

9 (1) By inserting ‘‘(1) IN GENERAL.—’’ before 

10 ‘‘There is hereby’’. 

11 (2) By striking ‘‘Not less than 67 percent’’ and 

12 all that follows through ‘‘Monies’’ and inserting 

13 ‘‘Monies’’. 

14 (3) By adding at the end the following: 

15 ‘‘(2) PROHIBITIONS.—The Secretary may not directly 

16 or indirectly require a donation or other payment to the 

17 Restoration Fund— 

18 ‘‘(A) or environmental restoration or mitigation 

19 fees not otherwise provided by law, as a condition 

20 to— 

21 ‘‘(i) providing for the storage or convey22 ance of non-Central Valley Project water pursu23 ant to Federal reclamation laws; or 


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1 ‘‘(ii) the delivery of water pursuant to sec2 tion 215 of the Reclamation Reform Act of 

3 1982 (Public Law 97–293; 96 Stat. 1270); or 

4 ‘‘(B) for any water that is delivered with the 

5 sole intent of groundwater recharge.’’. 

6 (b) CERTAIN PAYMENTS.—Section 3407(c)(1) of the 

7 Central Valley Project Improvement Act is amended— 

8 (1) by striking ‘‘mitigation and restoration’’; 

9 (2) by striking ‘‘provided for or’’; and 

10 (3) by striking ‘‘of fish, wildlife’’ and all that 

11 follows through the period and inserting ‘‘of carrying 

12 out all activities described in this title.’’. 

13 (c) ADJUSTMENT AND ASSESSMENT OF MITIGATION

14 AND RESTORATION PAYMENTS.—Section 3407(d)(2) of 

15 the Central Valley Project Improvement Act is amended 

16 by inserting ‘‘, or after October 1, 2015, $4 per megawatt17 hour for Central Valley Project power sold to power con18 tractors (October 2015 price levels)’’ after ‘‘$12 per acre19 foot (October 1992 price levels) for municipal and indus20 trial water sold and delivered by the Central Valley 

21 Project’’. 

22 (d) COMPLETION OF ACTIONS.—Section 

23 3407(d)(2)(A) of the Central Valley Project Improvement 

24 Act is amended by inserting ‘‘no later than December 31, 

25 2020,’’ after ‘‘That upon the completion of the fish, wildVerDate Mar 15 2010 22:06 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3964.PCS H3964

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1 life, and habitat mitigation and restoration actions man2 dated under section 3406 of this title,’’. 

3 (e) REPORT; ADVISORY BOARD.—Section 3407 of the 

4 Central Valley Project Improvement Act (106 Stat. 4714) 

5 is amended by adding at the end the following: 

6 ‘‘(g) REPORT ON EXPENDITURE OF FUNDS.—At the 

7 end of each fiscal year, the Secretary, in consultation with 

8 the Restoration Fund Advisory Board, shall submit to 

9 Congress a plan for the expenditure of all of the funds 

10 deposited into the Restoration Fund during the preceding 

11 fiscal year. Such plan shall contain a cost-effectiveness 

12 analysis of each expenditure. 

13 ‘‘(h) ADVISORY BOARD.— 

14 ‘‘(1) ESTABLISHMENT.—There is hereby estab15 lished the Restoration Fund Advisory Board (herein16 after in this section referred to as the ‘Advisory 

17 Board’) composed of 12 members selected by the 

18 Secretary, each for four-year terms, one of whom 

19 shall be designated by the Secretary as Chairman. 

20 The members shall be selected so as to represent the 

21 various Central Valley Project stakeholders, four of 

22 whom shall be from CVP agricultural users, three 

23 from CVP municipal and industrial users, three 

24 from CVP power contractors, and two at the discre25 tion of the Secretary. The Secretary and the SecVerDate Mar 15 2010 22:06 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3964.PCS H3964

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1 retary of Commerce may each designate a represent2 ative to act as an observer of the Advisory Board. 

3 ‘‘(2) DUTIES.—The duties of the Advisory 

4 Board are as follows: 

5 ‘‘(A) To meet at least semiannually to de6 velop and make recommendations to the Sec7 retary regarding priorities and spending levels 

8 on projects and programs carried out pursuant 

9 to the Central Valley Project Improvement Act. 

10 ‘‘(B) To ensure that any advice or rec11 ommendation made by the Advisory Board to 

12 the Secretary reflect the independent judgment 

13 of the Advisory Board. 

14 ‘‘(C) Not later than December 31, 2015, 

15 and annually thereafter, to transmit to the Sec16 retary and Congress recommendations required 

17 under subparagraph (A). 

18 ‘‘(D) Not later than December 31, 2015, 

19 and biennially thereafter, to transmit to Con20 gress a report that details the progress made in 

21 achieving the actions mandated under section 

22 3406 of this title. 

23 ‘‘(3) ADMINISTRATION.—With the consent of 

24 the appropriate agency head, the Advisory Board 


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1 may use the facilities and services of any Federal 

2 agency.’’. 

3 SEC. 107. ADDITIONAL AUTHORITIES. 

4 (a) AUTHORITY FOR CERTAIN ACTIVITIES.—Section 

5 3408(c) of the Central Valley Project Improvement Act 

6 (106 Stat. 4728) is amended to read as follows: 

7 ‘‘(c) CONTRACTS FOR ADDITIONAL STORAGE AND

8 DELIVERY OF WATER.— 

9 ‘‘(1) IN GENERAL.—The Secretary is authorized 

10 to enter into contracts pursuant to Federal reclama11 tion law and this title with any Federal agency, Cali12 fornia water user or water agency, State agency, or 

13 private organization for the exchange, impoundment, 

14 storage, carriage, and delivery of nonproject water 

15 for domestic, municipal, industrial, fish and wildlife, 

16 and any other beneficial purpose. 

17 ‘‘(2) LIMITATION.—Nothing in this subsection 

18 shall be deemed to supersede the provisions of sec19 tion 103 of Public Law 99–546 (100 Stat. 3051). 

20 ‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— 

21 The Secretary shall use the authority granted by 

22 this subsection in connection with requests to ex23 change, impound, store, carry, or deliver nonproject 

24 water using Central Valley Project facilities for any 

25 beneficial purpose. 


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1 ‘‘(4) RATES.—The Secretary shall develop rates 

2 not to exceed the amount required to recover the 

3 reasonable costs incurred by the Secretary in con4 nection with a beneficial purpose under this sub5 section. Such rates shall be charged to a party using 

6 Central Valley Project facilities for such purpose. 

7 Such costs shall not include any donation or other 

8 payment to the Restoration Fund. 

9 ‘‘(5) CONSTRUCTION.—This subsection shall be 

10 construed and implemented to facilitate and encour11 age the use of Central Valley Project facilities to ex12 change, impound, store, carry, or deliver nonproject 

13 water for any beneficial purpose.’’. 

14 (b) REPORTING REQUIREMENTS.—Section 3408(f) of 

15 the Central Valley Project Improvement Act (106 Stat. 

16 4729) is amended— 

17 (1) by striking ‘‘Interior and Insular Affairs 

18 and the Committee on Merchant Marine and Fish19 eries’’ and inserting ‘‘Natural Resources’’; 

20 (2) in the second sentence, by inserting before 

21 the period at the end the following: ‘‘, including 

22 progress on the plan required by subsection (j)’’; and 

23 (3) by adding at the end the following: ‘‘The fil24 ing and adequacy of such report shall be personally 

25 certified to the Committees referenced above by the 


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1 Regional Director of the Mid-Pacific Region of the 

2 Bureau of Reclamation.’’. 

3 (c) PROJECT YIELD INCREASE.—Section 3408(j) of 

4 the Central Valley Project Improvement Act (106 Stat. 

5 4730) is amended as follows: 

6 (1) By redesignating paragraphs (1) through 

7 (7) as subparagraphs (A) through (G), respectively. 

8 (2) By striking ‘‘In order to minimize adverse 

9 effects, if any, upon’’ and inserting ‘‘(1) IN GEN10 ERAL.—In order to minimize adverse effects upon’’. 

11 (3) By striking ‘‘needs, the Secretary,’’ and all 

12 that follows through ‘‘submit to the Congress, a’’ 

13 and inserting ‘‘needs, the Secretary, on a priority 

14 basis and not later than September 30, 2015, shall 

15 submit to Congress a’’. 

16 (4) By striking ‘‘increase,’’ and all that follows 

17 through ‘‘options:’’ and inserting ‘‘increase, as soon 

18 as possible but not later than September 30, 2018 

19 (except for the construction of new facilities which 

20 shall not be limited by that deadline), the water of 

21 the Central Valley Project by the amount dedicated 

22 and managed for fish and wildlife purposes under 

23 this title and otherwise required to meet the pur24 poses of the Central Valley Project including satis25 fying contractual obligations. The plan required by 


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1 this subsection shall include recommendations on ap2 propriate cost-sharing arrangements and authorizing 

3 legislation or other measures needed to implement 

4 the intent, purposes, and provisions of this sub5 section and a description of how the Secretary in6 tends to use the following options—’’. 

7 (5) In subparagraph (A), by inserting ‘‘and 

8 construction of new water storage facilities’’ before 

9 the semicolon. 

10 (6) In subparagraph (F), by striking ‘‘and’’ at 

11 the end. 

12 (7) In subparagraph (G), by striking the period 

13 and all that follows through the end of the sub14 section and inserting ‘‘; and’’. 

15 (8) By inserting after subparagraph (G) the fol16 lowing: 

17 ‘‘(H) Water banking and recharge.’’. 

18 (9) By adding at the end the following: 

19 ‘‘(2) IMPLEMENTATION OF PLAN.—The Sec20 retary shall implement the plan required by para21 graph (1) commencing on October 1, 2015. In order 

22 to carry out this subsection, the Secretary shall co23 ordinate with the State of California in imple24 menting measures for the long-term resolution of 


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1 problems in the San Francisco Bay/Sacramento-San 

2 Joaquin Delta Estuary. 

3 ‘‘(3) FAILURE OF THE PLAN.—Notwithstanding 

4 any other provision of Federal reclamation law, if by 

5 September 30, 2018, the plan required by paragraph 

6 (1) fails to increase the annual delivery capability of 

7 the Central Valley Project by 800,000 acre-feet, im8 plementation of any non-mandatory action under 

9 section 3406(b)(2) shall be suspended until the plan 

10 achieves an increase in the annual delivery capability 

11 of the Central Valley Project by 800,000 acre-feet.’’. 

12 (d) TECHNICAL CORRECTION.—Section 3408(h) of 

13 the Central Valley Project Improvement Act (106 Stat. 

14 4729) is amended— 

15 (1) in paragraph (1), by striking ‘‘paragraph 

16 (h)(2)’’ and inserting ‘‘paragraph (2)’’; and 

17 (2) in paragraph (2), by striking ‘‘paragraph 

18 (h)(i)’’ and inserting ‘‘paragraph (1)’’. 

19 (e) WATER STORAGE PROJECT CONSTRUCTION.— 

20 The Secretary, acting through the Commissioner of the 

21 Bureau of Reclamation, may partner or enter into an 

22 agreement on the water storage projects identified in sec23 tion 103(d)(1) of the Water Supply Reliability, and Envi24 ronmental Improvement Act (Public Law 108–361)(and 

25 Acts supplemental and amendatory to the Act) with local 


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1 joint powers authorities formed pursuant to State law by 

2 irrigation districts and other local water districts and local 

3 governments within the applicable hydrologic region, to 

4 advance these projects. No additional Federal funds are 

5 authorized for the activities authorized in sections 

6 103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of 

7 Public Law 108–361. However, each water storage project 

8 under sections 103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 

9 103(d)(1)(A)(iii) of Public Law 108–361 is authorized for 

10 construction if non-Federal funds are used for financing 

11 and constructing the project. 

12 SEC. 108. BAY-DELTA ACCORD. 

13 (a) CONGRESSIONAL DIRECTION REGARDING CEN14 TRAL VALLEY PROJECT AND CALIFORNIA STATE WATER

15 PROJECT OPERATIONS.—The Central Valley Project and 

16 the State Water Project shall be operated pursuant to the 

17 water quality standards and operational constraints de18 scribed in the ‘‘Principles for Agreement on the Bay-Delta 

19 Standards Between the State of California and the Fed20 eral Government’’ dated December 15, 1994, and such op21 erations shall proceed without regard to the Endangered 

22 Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other 

23 law pertaining to the operation of the Central Valley 

24 Project and the California State Water Project. Imple25 mentation of this section shall be in strict conformance 


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1 with the ‘‘Principles for Agreement on the Bay-Delta 

2 Standards Between the State of California and the Fed3 eral Government’’ dated December 15, 1994. 

4 (b) APPLICATION OF LAWS TO OTHERS.—Neither a 

5 Federal department nor the State of California, including 

6 any agency or board of the State of California, shall im7 pose on any water right obtained pursuant to State law, 

8 including a pre-1914 appropriative right, any condition 

9 that restricts the exercise of that water right in order to 

10 conserve, enhance, recover or otherwise protect any species 

11 that is affected by operations of the Central Valley Project 

12 or California State Water Project. Nor shall the State of 

13 California, including any agency or board of the State of 

14 California, restrict the exercise of any water right obtained 

15 pursuant to State law, including a pre-1914 appropriative 

16 right, in order to protect, enhance, or restore under the 

17 Public Trust Doctrine any public trust value. Implementa18 tion of the ‘‘Principles for Agreement on the Bay-Delta 

19 Standards Between the State of California and the Fed20 eral Government’’ dated December 15, 1994, shall be in 

21 strict compliance with the water rights priority system and 

22 statutory protections for areas of origin. 

23 (c) COSTS.—No cost associated with the implementa24 tion of this section shall be imposed directly or indirectly 

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1 son or entity, unless such costs are incurred on a voluntary 

2 basis. 

3 (d) NATIVE SPECIES PROTECTION.—California law is 

4 preempted with respect to any restriction on the quantity 

5 or size of nonnative fish taken or harvested that preys 

6 upon one or more native fish species that occupy the Sac7 ramento and San Joaquin Rivers and their tributaries or 

8 the Sacramento-San Joaquin Rivers Delta. 

9 SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 

10 After the date of the enactment of this title, and re11 gardless of the date of listing, the Secretaries of the Inte12 rior and Commerce shall not distinguish between natural13 spawned and hatchery-spawned or otherwise artificially 

14 propagated strains of a species in making any determina15 tion under the Endangered Species Act of 1973 (16 

16 U.S.C. 1531 et seq.) that relates to any anadromous fish 

17 species present in the Sacramento and San Joaquin Rivers 

18 or their tributaries and ascend those rivers and their trib19 utaries to reproduce after maturing in San Francisco Bay 

20 or the Pacific Ocean. 

21 SEC. 110. AUTHORIZED SERVICE AREA. 

22 The authorized service area of the Central Valley 

23 Project shall include the area within the boundaries of the 

24 Kettleman City Community Services District, California, 

25 as those boundaries exist on the date of the enactment 


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1 of this title. Notwithstanding the provisions of the Act of 

2 October 30, 1992 (Public Law 102–575, 106 Stat. 4600 

3 et seq.), upon enactment of this title, the Secretary is au4 thorized and directed to enter into a long-term contract 

5 in accordance with the reclamation laws with the 

6 Kettleman City Community Services District, California, 

7 for the delivery of up to 900 acre-feet of Central Valley 

8 Project water for municipal and industrial use. The Sec9 retary may temporarily reduce deliveries of the quantity 

10 of water made available pursuant to up to 25 percent of 

11 such total whenever reductions due to hydrologic cir12 cumstances are imposed upon agricultural deliveries of 

13 Central Valley Project water. If any additional infrastruc14 ture or related-costs are needed to implement this section, 

15 such costs shall be the responsibility of the non-Federal 

16 entity. 

17 SEC. 111. REGULATORY STREAMLINING. 

18 (a) APPLICABILITY OF CERTAIN LAWS.—Filing of a 

19 Notice of Determination or a Notice of Exemption for any 

20 project, including the issuance of a permit under State 

21 law, related to any project of the CVP or the delivery of 

22 water therefrom in accordance with the California Envi23 ronmental Quality Act shall be deemed to meet the re24 quirements of section 102(2)(C) of the National EnvironVerDate Mar 15 2010 22:06 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3964.PCS H3964

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1 mental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for 

2 that project or permit. 

3 (b) CONTINUATION OF PROJECT.—The Bureau of 

4 Reclamation shall not be required to cease or modify any 

5 major Federal action or other activity related to any 

6 project of the CVP or the delivery of water there from 

7 pending completion of judicial review of any determination 

8 made under the National Environmental Protection Act 

9 of 1969 (42 U.S.C. 4332(2)(C)). 

10 (c) PROJECT DEFINED.—For the purposes of this 

11 section: 

12 (1) CVP.—The term ‘‘CVP’’ means the Central 

13 Valley Project. 

14 (2) PROJECT.—The term ‘‘project’’— 

15 (A) means an activity that— 

16 (i) is undertaken by a public agency, 

17 funded by a public agency, or that requires 

18 an issuance of a permit by a public agency; 

19 (ii) has a potential to result in phys20 ical change to the environment; and 

21 (iii) may be subject to several discre22 tionary approvals by governmental agen23 cies; 

24 (B) may include construction activities, 

25 clearing or grading of land, improvements to 


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1 existing structures, and activities or equipment 

2 involving the issuance of a permit; or 

3 (C) as defined under the California Envi4 ronmental Quality Act in section 21065 of the 

5 California Public Resource Code. 

6 SEC. 112. WARREN ACT CONTRACTS. 

7 (a) IN GENERAL.—Not later than 30 days after the 

8 date of the enactment of this Act, the Secretary of the 

9 Interior shall offer to the Oakdale Irrigation District and 

10 the South San Joaquin Irrigation District (hereafter in 

11 this section referred to as the ‘‘districts’’) a contract ena12 bling the districts to collectively impound and store up to 

13 200,000 acre-feet of their Stanislaus River water rights 

14 in the New Melones Reservoir in accordance with the 

15 terms and conditions of sections 1 through 3 of the Act 

16 of February 21, 1911 (43 U.S.C. 523–525; commonly 

17 known as the ‘‘Warren Act’’); provided that before offer18 ing any such contract, the Secretary has determined that 

19 the amount of water to be impounded and stored under 

20 the contract will not directly or indirectly result in any 

21 redirected adverse water supply or fiscal impacts to any 

22 Central Valley Project contractor related to the Sec23 retary’s operation of the Central Valley Project to meet 

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1 tions emanating from the Endangered Species Act of 1973 

2 (16 U.S.C. 1531, et seq.), the Water Pollution Control Act 

3 (33 U.S.C. 1251, et seq., commonly known as the ‘‘Clean 

4 Water Act’’ pursuant to the 1977 amendments, Public 

5 Law 95–217), and the Porter-Cologne Water Quality Con6 trol Act (Cal. Water Code 13000, et seq.). 

7 (b) TERMS AND CONDITIONS.—The terms and condi8 tions of any contract entered into under subsection (a) 

9 shall— 

10 (1) be for a term of not less than 10 years; and 

11 (2) expressly provide that— 

12 (A) the districts may use any water im13 pounded and stored in the New Melones Res14 ervoir for any legal purpose under California 

15 law, including use within the boundaries of ei16 ther district, transfer to and reasonable and 

17 beneficial use by a person or entity not located 

18 within the boundaries of either district, and for 

19 instream use in the Stanislaus River, the San 

20 Joaquin River, or the Sacramento-San Joaquin 

21 River Delta; and 

22 (B) any water impounded and stored by ei23 ther district shall not be released or withdrawn 

24 if the end of month September storage level for 

25 New Melones Reservoir is projected to be equal 


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1 to or below 300,000 acre-feet, but in such event 

2 the impounded and stored water shall be re3 tained in the New Melones Reservoir for use by 

4 the districts in the following year, subject to the 

5 same 300,000 acre-foot minimum storage re6 quirement, and without additional payment 

7 being required. 

8 (c) CONSERVATION ACCOUNT.—Any water im9 pounded and stored in the New Melones Reservoir by ei10 ther district under the contract shall not be considered or 

11 accounted as water placed in the districts’ conservation 

12 account, as that account is defined and explained in the 

13 August 30, 1988 Stipulation and Agreement entered into 

14 by and between the Bureau of Reclamation and the dis15 tricts. 

16 SEC. 113. ADDITIONAL WARREN ACT CONTRACTS. 

17 (a) ) IN GENERAL.—Not later than 30 days after the 

18 date of the enactment of this Act, the Secretary of the 

19 Interior shall develop and offer to the Calaveras County 

20 Water District (hereafter in this section referred to as the 

21 ‘‘CCWD’’) a contract enabling the CCWD to impound and 

22 store up to 100,000 acre-feet of their Stanislaus River 

23 water rights in the New Melones Reservoir in accordance 

24 with the terms and conditions of sections 1 through 3 of 

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1 monly known as the ‘‘Warren Act’’). This stored water 

2 may be obtained for use by CCWD at a point, or points 

3 determined convenient to the District. 

4 (b) TERMS AND CONDITIONS.—The terms and condi5 tions of any contract entered into under subsection (a) 

6 shall— 

7 (1) be for a term of not less than 10 years; and 

8 (2) expressly provide that— 

9 (A) the CCWD may use any water im10 pounded and stored in the New Melones Res11 ervoir for any legal purpose under California 

12 law, including use within the boundaries of the 

13 CCWD, transfer to and reasonable and bene14 ficial use by a person or entity not located with15 in the boundaries of CCWD, and for instream 

16 use in the Stanislaus River, the San Joaquin 

17 River, or the Sacramento-San Joaquin River 

18 Delta; and 

19 (B) any water impounded and stored by ei20 ther district shall not be released or withdrawn 

21 if the end of month September storage level for 

22 New Melones Reservoir is projected to be equal 

23 to or below 300,000 acre-feet, but in such event 

24 the impounded and stored water shall be re25 tained in the New Melones Reservoir for use by 


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1 the districts in the following year, subject to the 

2 same 300,000 acre-foot minimum storage re3 quirement, and without additional payment 

4 being required. 

5 SEC. 114. PILOT PROGRAM TO PROTECT NATIVE ANAD6 ROMOUS FISH IN THE STANISLAUS RIVER. 

7 (a) ESTABLISHMENT OF NON-NATIVE PREDATOR

8 FISH REMOVAL PROGRAM.—The Commissioner and dis9 tricts, in consultation with the National Marine Fisheries 

10 Service, the United States Fish and Wildlife Service, and 

11 the California Department of Fish and Wildlife, shall 

12 jointly develop and conduct a pilot non-native predator 

13 fish removal program to remove non-native striped bass, 

14 smallmouth bass, largemouth bass, black bass, and other 

15 non-native predator fishes from the Stanislaus River. The 

16 pilot program shall— 

17 (1) be scientifically based; 

18 (2) include methods to quantify the number and 

19 size of predator fishes removed each year, the im20 pact of such removal on the overall abundance of 

21 predator fishes, and the impact of such removal on 

22 the populations of juvenile anadromous fish found in 

23 the Stanislaus River by, among other things, evalu24 ating the number of juvenile anadromous fish that 


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1 migrate past the rotary screw trap located at 

2 Caswell; 

3 (3) use wire fyke trapping, portable resistance 

4 board weirs, and boat electrofishing, which are the 

5 most effective predator collection techniques that 

6 minimize affects to native anadromous fish; 

7 (4) be developed, including the application for 

8 all necessary scientific research and species enhance9 ment permits under section 10(a)(1) of the Endan10 gered Species Act of 1973 (16 U.S.C. 1539(a)(1)), 

11 for the performance of the pilot program, not later 

12 than 6 months after the date of the enactment of 

13 this Act; 

14 (5) be implemented on the first business day of 

15 the calendar year following the issuance of all nec16 essary scientific research and species enhancement 

17 permits needed to begin the pilot program; and 

18 (6) be implemented for a period of seven con19 secutive calendar years. 

20 (b) MANAGEMENT.—The management of the pilot 

21 program shall be the joint responsibility of the Commis22 sioner and the districts. Such parties shall work collabo23 ratively to insure the performance of the pilot program, 

24 and shall discuss and agree upon, among other things, 

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1 niques, strategy, data collection, reporting and conduct of 

2 the pilot program. 

3 (c) CONDUCT.— 

4 (1) IN GENERAL.—At the election of the dis5 tricts, the pilot program may be conducted by their 

6 own personnel, qualified private contractors hired by 

7 the districts, personnel of, on loan to, or otherwise 

8 assigned to the Bureau of Reclamation, or a com9 bination thereof. 

10 (2) PARTICIPATION BY THE BUREAU OF REC11 LAMATION.—In the event the districts elect to con12 duct the program using their own personnel or quali13 fied private contractors hired by them, the Commis14 sioner has the option to assign an employee of, on 

15 loan to, or otherwise assigned to the Bureau of Rec16 lamation, to be present for all activities performed in 

17 the field. Such presence shall insure compliance with 

18 the agreed upon elements specified in subsection (b). 

19 The districts shall pay 100 percent of the cost of 

20 such participation as specified in subsection (d). 

21 (3) TIMING OF ELECTION.—The districts shall 

22 notify the Commissioner of their election on or be23 fore October 15 of each calendar year of the pilot 

24 program, which election shall apply to the work per25 formed in the subsequent calendar year. 


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1 (d) FUNDING.— 

2 (1) ANNUAL FUNDING.—The districts shall be 

3 responsible for 100 percent of the cost of the pilot 

4 program. On or before December 1 of each year of 

5 the pilot program, the Commissioner shall submit to 

6 the districts an estimate of the cost to be incurred 

7 by the Bureau of Reclamation in the following cal8 endar year, if any, including the cost of any data 

9 collection and posting under subsection (e). If an 

10 amount equal to the estimate is not provided to the 

11 reclamation fund identified in section 3 of the Act 

12 of February 21, 1911 (43 U.S.C. 525), or any other 

13 fund as directed by the Commissioner, by the dis14 tricts on or before December 31 of each year, (a) the 

15 Bureau of Reclamation shall have no obligation to 

16 conduct the pilot program activities otherwise sched17 uled, and (b) the districts shall be prohibited from 

18 conducting any aspect of the pilot program, until full 

19 payment is made by the districts. 

20 (2) ACCOUNTING.—On or before September 1 

21 of each calendar year, the Commissioner shall pro22 vide an accounting of the prior calendar year’s ex23 penses to the districts. If the estimate paid by the 

24 districts was less than the actual costs incurred by 

25 the Bureau of Reclamation, the districts shall have 


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1 until September 30 of that calendar year to pay the 

2 difference to the reclamation fund. If the estimate 

3 paid by the districts was greater than the actual 

4 costs incurred by the Bureau of Reclamation, then 

5 a credit shall be provided to the districts, which shall 

6 be deducted from the estimate payment the districts 

7 must make for the work performed by the Bureau 

8 of Reclamation, if any, in the next calendar year. 

9 (e) REPORTING AND EVALUATION.— 

10 (1) IN GENERAL.—On or before the 15th day 

11 of each month, the Commissioner shall post on the 

12 website of the Bureau of Reclamation a tabular 

13 summary of the raw data collected in the prior 

14 month. 

15 (2) REPORT.—On or before June 30 of the cal16 endar year following the completion of the program, 

17 the Commissioner and districts shall jointly publish 

18 a peer reviewed report that— 

19 (A) discusses the findings and conclusions 

20 of the pilot program; 

21 (B) synthesizes the data collected under 

22 paragraph (1); and 

23 (C) makes recommendations for further 

24 study and action. 

25 (f) PERMITS PROCESS.— 


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1 (1) Not later than 180 days after filing of an 

2 application by the Commissioner and the districts, 

3 the Secretary of the Interior, the Secretary of Com4 merce, or both, as appropriate, shall issue all nec5 essary scientific research and species enhancement 

6 permits under section 10(a)(1) of the Endangered 

7 Species Act (16 U.S.C. 153(9)(a)(1)), for the per8 formance of the pilot program. 

9 (2) Any permit application that is not approved 

10 by the Secretary of the Interior, Secretary of Com11 merce, or both, as appropriate, for any reason, with12 in 180 days after receiving the application, shall be 

13 deemed approved. 

14 (3) All permits issued shall be in the name of 

15 the Bureau of Reclamation and the districts. 

16 (4) Districts may delegate the authority to ad17 minister the permit authority to any qualified pri18 vate contractor retained in accordance with sub19 section (c). 

20 (5) The pilot program, including amendments 

21 thereto by the appropriate Federal and State agen22 cies, shall constitute a conservation plan that com23 plies with the requirements of section 10(a)(2) of 

24 the Endangered Species Act of 1973 (16 U.S.C. 

25 1539(a)(2)). 


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1 (g) NEPA.—Section 102(2)(C) of the National Envi2 ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 

3 shall not apply with respect to section 402 and the 

4 issuance of any permit under this subsection during the 

5 seven year period beginning on the date of the implemen6 tation of the pilot program. 

7 (h) RESTRICTIONS.—Any restriction imposed under 

8 California law on the catch, take, or harvest of any non9 native or introduced aquatic or terrestrial species that 

10 preys upon anadromous fish and that occupies or is found 

11 in the Stanislaus River is hereby void and is preempted. 

12 (i) DEFINITIONS.—For the purposes of this section: 

13 (1) ANADROMOUS FISH.— 

14 (A) The term ‘‘anadromous fish’’ as ap15 plied to the Stanislaus River and the operation 

16 of New Melones— 

17 (i) means those native stocks of salm18 on (including steelhead) that— 

19 (I) as of October 30, 1992 were 

20 present in and had not been extir21 pated from the Stanislaus River, and 

22 (II) which ascend the Stanislaus 

23 River to reproduce after maturing in 

24 San Francisco Bay or the Pacific 

25 Ocean; and 


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1 (ii) does not mean any stock, strain or 

2 member of American shad, sockeye salmon, 

3 or striped bass. 

4 (B) The definition of anadromous fish pro5 vided in section 3403(a) of the Central Valley 

6 Project Improvement Act (Public Law 102– 

7 575) shall not apply to the operation of New 

8 Melones Dam and Reservoir, or to any Federal 

9 action in the Stanislaus River. 

10 (2) COMMISSIONER.—The term ‘‘Commis11 sioner’’ means the Commissioner of the Bureau of 

12 Reclamation. 

13 (3) DISTRICTS.—The term ‘‘districts’’ means 

14 the Oakdale Irrigation District and the South San 

15 Joaquin Irrigation District. 

16 (4) PILOT PROGRAM.—The term ‘‘program’’ 

17 means the pilot non-native predator removal pro18 gram established under this section. 

19 (j) SUNSET.—The authorities provided under this 

20 section shall expire seven years after the implementation 

21 of the pilot program. 

22 SEC. 115. SAN LUIS RESERVOIR. 

23 In connection with operations of the Central Valley 

24 Project, California, if San Luis Reservoir does not fill by 

25 the last day of February, the Secretary of the Interior 


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1 shall permit any entity with an agricultural water service 

2 or repayment contract for the delivery of water from the 

3 Delta Division or the San Luis Unit to reschedule into 

4 the immediately following contract year (March 1 through 

5 the last day of February) any unused Central Valley 

6 Project water previously allocated for irrigation purposes. 

7 If water remaining in federal storage in San Luis Res8 ervoir on the last day of February is insufficient to meet 

9 all rescheduling requests, the Secretary shall apportion, 

10 based on contract quantity, among all such contractors 

11 that request to reschedule water all water remaining in 

12 San Luis Reservoir on the last day of February. The Sec13 retary shall thereafter make all reasonable efforts to make 

14 available additional rescheduled water; provided that such 

15 efforts shall not interfere with the Central Valley Project 

16 operations in the contract year into which Central Valley 

17 Project has been rescheduled. 

18 TITLE II—SAN JOAQUIN RIVER 

19 RESTORATION 

20 SEC. 201. REPEAL OF THE SAN JOAQUIN RIVER SETTLE21 MENT. 

22 As of the date of enactment of this title, the Secretary 

23 shall cease any action to implement the Stipulation of Set24 tlement (Natural Resources Defense Council, et al. v. Kirk 


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1 Rodgers, et al., Eastern District of California, No. Civ. 

2 S–88–1658 LKK/GGH). 

3 SEC. 202. PURPOSE. 

4 Section 10002 of the San Joaquin River Restoration 

5 Settlement Act (Public Law 111–11) is amended by strik6 ing ‘‘implementation of the Settlement’’ and inserting 

7 ‘‘restoration of the San Joaquin River’’. 

8 SEC. 203. DEFINITIONS. 

9 Section 10003 of the San Joaquin River Restoration 

10 Settlement Act (Public Law 111–11) is amended— 

11 (1) by striking paragraph (1) and inserting the 

12 following: 

13 ‘‘(1) The term ‘Restoration Flows’ means the 

14 additional water released or bypassed from Friant 

15 Dam to insure that the target flow entering 

16 Mendota Pool, located approximately 62 river miles 

17 downstream from Friant Dam, does not fall below 

18 50 cubic feet per second.’’; 

19 (2) by striking paragraph (3) and inserting the 

20 following: 

21 ‘‘(3) The term ‘Water Year’ means March 1 

22 through the last day of February of the following 

23 Calendar Year, both dates inclusive.’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(4) The term ‘Critical Water Year’ means 

2 when the total unimpaired runoff at Friant Dam is 

3 less than 400,000 acre-feet, as forecasted as of 

4 March 1 of that water year by the California De5 partment of Water Resources.’’. 

6 SEC. 204. IMPLEMENTATION OF RESTORATION. 

7 Section 10004 of the San Joaquin River Restoration 

8 Settlement Act (Public Law 111–11) is amended— 

9 (1) in subsection (a)— 

10 (A) in the matter preceding paragraph (1), 

11 by striking ‘‘authorized and directed’’ and all 

12 that follows through ‘‘in the Settlement:’’ and 

13 inserting ‘‘authorized to carry out the fol14 lowing:’’; 

15 (B) by striking paragraphs (1), (2), (4), 

16 and (5); 

17 (C) in paragraph (3)— 

18 (i) by striking ‘‘(3)’’ and inserting 

19 ‘‘(1)’’; and 

20 (ii) by striking ‘‘paragraph 13 of the 

21 Settlement’’ and inserting ‘‘this part’’; and 

22 (D) by adding at the end the following new 

23 paragraphs: 

24 ‘‘(2) In each Water Year, commencing in the 

25 Water Year starting on March 1, 2015— 


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1 ‘‘(A) shall modify Friant Dam operations 

2 so as to release the Restoration Flows for that 

3 Water Year, except in any Critical Water Year; 

4 ‘‘(B) shall ensure that the release of Res5 toration Flows are maintained at the level pre6 scribed by this part, but that Restoration Flows 

7 do not reach downstream of Mendota Pool; 

8 ‘‘(C) shall release the Restoration Flows in 

9 a manner that improves the fishery in the San 

10 Joaquin River below Friant Dam, but upstream 

11 of Gravelly Ford in existence as of the date of 

12 the enactment of this part, and the associated 

13 riparian habitat; and 

14 ‘‘(D) may, without limiting the actions re15 quired under paragraphs (A) and (C) and sub16 ject to subsections 10004(a)(3) and 10004(l), 

17 use the Restoration Flows to enhance or restore 

18 a warm water fishery downstream of Gravelly 

19 Ford to and including Mendota Pool, if the Sec20 retary determines that it is reasonable, prudent, 

21 and feasible to do so; and 

22 ‘‘(3) Not later than 1 year after the date of the 

23 enactment of this section, the Secretary shall develop 

24 and implement, in cooperation with the State of 

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1 capture, reuse, exchange, or transfer all Restoration 

2 Flows and provide such recirculated, recaptured, re3 used, exchanged, or transferred flows to those con4 tractors within the Friant Division, Hidden Unit, 

5 and Buchanan Unit of the Central Valley Project 

6 that relinquished the Restoration Flows so recir7 culated, recaptured, reused, exchanged, or trans8 ferred. Such a plan shall address any impact on 

9 ground water resources within the service area of 

10 the Friant Division, Hidden Unit, and Buchanan 

11 Unit of the Central Valley Project and mitigation 

12 may include ground water banking and recharge 

13 projects. Such a plan shall not impact the water 

14 supply or water rights of any entity outside the 

15 Friant Division, Hidden unit, and Buchanan Unit of 

16 the Central Valley Project. Such a plan shall be sub17 ject to applicable provisions of California water law 

18 and the Secretary’s use of Central Valley Project fa19 cilities to make Project water (other than water re20 leased from Friant Dam pursuant to this part) and 

21 water acquired through transfers available to exist22 ing south-of-Delta Central Valley Project contrac23 tors.’’; 

24 (2) in subsection (b)— 


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1 (A) in paragraph (1), by striking ‘‘the Set2 tlement’’ and inserting ‘‘this part’’; and 

3 (B) in paragraph (2), by striking ‘‘the Set4 tlement’’ and inserting ‘‘this part’’; 

5 (3) in subsection (c), by striking ‘‘the Settle6 ment’’ and inserting ‘‘this part’’; 

7 (4) by striking subsection (d) and inserting the 

8 following: 

9 ‘‘(d) MITIGATION OF IMPACTS.—Prior to October 1, 

10 2015, the Secretary shall identify— 

11 ‘‘(1) the impacts associated with the release of 

12 Restoration Flows prescribed in this part; 

13 ‘‘(2) the measures which shall be implemented 

14 to mitigate impacts on adjacent and downstream 

15 water users, landowners and agencies as a result of 

16 Restoration Flows prescribed in this part; and 

17 ‘‘(3) prior to the implementation of decisions or 

18 agreements to construct, improve, operate, or main19 tain facilities that the Secretary determines are 

20 needed to implement this part, the Secretary shall 

21 implement all mitigations measures identified in sub22 section (d)(2) before Restoration Flows are com23 menced.’’; 

24 (5) in subsection (e), by striking ‘‘the Settle25 ment’’ and inserting ‘‘this part’’; 


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1 (6) in subsection (f), by striking ‘‘the Settle2 ment’’ and all that follows through ‘‘section 10011’’ 

3 and insert ‘‘this part’’; 

4 (7) in subsection (g)— 

5 (A) by striking ‘‘the Settlement and’’ be6 fore this part; and 

7 (B) by striking ‘‘or exchange contract’’ and 

8 inserting ‘‘exchange contract, or water rights 

9 settlement or holding contracts’’; 

10 (8) in subsection (h)— 

11 (A) by striking ‘‘INTERIM’’ in the header; 

12 (B) in paragraph (1)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘Interim Flows 

15 under the Settlement’’ and inserting ‘‘Res16 toration Flows under this part’’; 

17 (ii) in subparagraph (C)— 

18 (I) in clause (i), by striking ‘‘In19 terim’’ and inserting ‘‘Restoration’’; 

20 and 

21 (II) in clause (ii), by inserting 

22 ‘‘and’’ after the semicolon; 

23 (iii) in subparagraph (D), by striking 

24 ‘‘and’’ at the end; and 

25 (iv) by striking subparagraph (E); 


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1 (C) in paragraph (2)— 

2 (i) by striking ‘‘Interim’’ and insert3 ing ‘‘Restoration’’; 

4 (ii) by striking subparagraph (A); and 

5 (iii) by striking ‘‘(B) exceed’’ and in6 serting ‘‘exceed’’; 

7 (D) in paragraph (3), by striking ‘‘In8 terim’’ and inserting ‘‘Restoration’’; and 

9 (E) by striking paragraph (4) and insert10 ing the following: 

11 ‘‘(4) CLAIMS.—Within 60 days of enactment of 

12 this Act the Secretary shall promulgate a rule estab13 lishing a claims process to address current and fu14 ture claims including, but not limited to, ground 

15 water seepage, flooding, or levee instability damages 

16 caused as a result of, arising out of, or related to 

17 implementation of subtitle A of title X of Public 

18 Law 111–11.’’; 

19 (9) in subsection (i)— 

20 (A) in paragraph (1)— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘the Settlement and 

23 parts I and III’’ and inserting ‘‘this part’’; 

24 (ii) in subparagraph (A), by inserting 

25 ‘‘and’’ after the semicolon; 


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1 (iii) in subparagraph (B)— 

2 (I) by striking ‘‘additional 

3 amounts authorized to be appro4 priated, including the’’; and 

5 (II) by striking ‘‘; and’’ and in6 serting a period; and 

7 (iv) by striking subparagraph (C); and 

8 (B) by striking paragraph (3); and 

9 (10) by adding at the end the following new 

10 subsections: 

11 ‘‘(k) NO IMPACTS ON OTHER INTERESTS.—No Cen12 tral Valley Project or other water other than San Joaquin 

13 River water impounded by or bypassed from Friant Dam 

14 shall be used to implement subsection (a)(2) unless such 

15 use is on a voluntary basis. No cost associated with the 

16 implementation of this section shall be imposed directly 

17 or indirectly on any Central Valley Project contractor, or 

18 any other person or entity, outside the Friant Division, 

19 the Hidden Unit, or the Buchanan Unit, unless such costs 

20 are incurred on a voluntary basis. The implementation of 

21 this part shall not result directly or indirectly in any re22 duction in water supplies or water reliability on any Cen23 tral Valley Project contractor, any State Water Project 

24 contractor, or any other person or entity, outside the 

25 Friant Division, the Hidden Unit, or the Buchanan Unit, 


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1 unless such reductions or costs are incurred on a voluntary 

2 basis. 

3 ‘‘(l) PRIORITY.—All actions taken under this part 

4 shall be subordinate to the Secretary’s use of Central Val5 ley Project facilities to make Project water available to 

6 Project contractors, other than water released from the 

7 Friant Dam pursuant to this part. 

8 ‘‘(m) IN GENERAL.—Notwithstanding section 8 of 

9 the Reclamation Act of 1902, except as provided in this 

10 part, including title IV of the Sacramento and San Joa11 quin Valleys Water Reliability Act, this part preempts and 

12 supersedes any State law, regulation, or requirement that 

13 imposes more restrictive requirements or regulations on 

14 the activities authorized under this part. Nothing in this 

15 part shall alter or modify the obligations, if any, of the 

16 Friant Division, Hidden Unit, and Buchanan Unit of the 

17 Central Valley Project, or other water users on the San 

18 Joaquin River or its tributaries, under orders issued by 

19 the State Water Resources Control Board pursuant to the 

20 Porter-Cologne Water Quality Control Act (California 

21 Water Code sections 13000 et seq.). Any such order shall 

22 be consistent with the congressional authorization for any 

23 affected Federal facility as it pertains to the Central Val24 ley Project. 


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1 ‘‘(n) PROJECT IMPLEMENTATION.—Projects to im2 plement this title shall be phased such that each project 

3 shall follow the sequencing identified below and include at 

4 least the— 

5 ‘‘(1) project purpose and need; 

6 ‘‘(2) identification of mitigation measures; 

7 ‘‘(3) appropriate environmental review; and 

8 ‘‘(4) prior to releasing Restoration Flows under 

9 this part, the Secretary shall— 

10 ‘‘(A) complete the implementation of miti11 gation measures required; and 

12 ‘‘(B) complete implementation of the 

13 project.’’. 

14 SEC. 205. DISPOSAL OF PROPERTY; TITLE TO FACILITIES. 

15 Section 10005 of the San Joaquin River Restoration 

16 Settlement Act (Public Law 111–11) is amended— 

17 (1) in subsection (a), by striking ‘‘the Settle18 ment authorized by this part’’ and inserting ‘‘this 

19 part’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘(1) IN GENERAL.— 

23 The Secretary’’ and inserting ‘‘The Sec24 retary’’; and 


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1 (ii) by striking ‘‘the Settlement au2 thorized by this part’’ and inserting ‘‘this 

3 part’’; and 

4 (B) by striking paragraph (2); and 

5 (3) in subsection (c)— 

6 (A) in paragraph (1), by striking ‘‘the Set7 tlement’’ and inserting ‘‘this part’’; 

8 (B) in paragraph (2)— 

9 (i) by striking ‘‘through the exercise 

10 of its eminent domain authority’’; and 

11 (ii) by striking ‘‘the Settlement’’ and 

12 inserting ‘‘this part’’; and 

13 (C) in paragraph (3), by striking ‘‘section 

14 10009(c)’’ and inserting ‘‘section 10009’’. 

15 SEC. 206. COMPLIANCE WITH APPLICABLE LAW. 

16 Section 10006 of the San Joaquin River Restoration 

17 Settlement Act (Public Law 111–11) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1), by inserting ‘‘unless 

20 otherwise provided by this part’’ before the pe21 riod at the end; and 

22 (B) in paragraph (2), by striking ‘‘the Set23 tlement’’ and inserting ‘‘this part’’; 


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1 (2) in subsection (b), by inserting ‘‘, unless oth2 erwise provided by this part’’ before the period at 

3 the end; 

4 (3) in subsection (c)— 

5 (A) in paragraph (2), by striking ‘‘section 

6 10004’’ and inserting ‘‘this part’’; and 

7 (B) in paragraph (3), by striking ‘‘the Set8 tlement’’ and inserting ‘‘this part’’; and 

9 (4) in subsection (d)— 

10 (A) by inserting ‘‘, including without limi11 tation to sections 10004(d) and 10004(h)(4) of 

12 this part,’’ after ‘‘implementing this part’’; and 

13 (B) by striking ‘‘for implementation of the 

14 Settlement’’. 

15 SEC. 207. COMPLIANCE WITH CENTRAL VALLEY PROJECT 

16 IMPROVEMENT ACT. 

17 Section 10007 of the San Joaquin River Restoration 

18 Settlement Act (Public Law 111–11) is amended— 

19 (1) in the matter preceding paragraph (1), 

20 (A) by striking ‘‘the Settlement’’ and in21 serting ‘‘enactment of this part’’; and 

22 (B) by inserting: ‘‘and the obligations of 

23 the Secretary and all other parties to protect 

24 and keep in good condition any fish that may 

25 be planted or exist below Friant Dam including 


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1 any obligations under section 5937 of the Cali2 fornia Fish and Game Code and the public 

3 trust doctrine, and those of the Secretary and 

4 all other parties under the Endangered Species 

5 Act of 1973 (16 U.S.C. 1531 et seq.).’’ before 

6 ‘‘, provided’’; and 

7 (2) in paragraph (1), by striking ‘‘, as provided 

8 in the Settlement’’. 

9 SEC. 208. NO PRIVATE RIGHT OF ACTION. 

10 Section 10008(a) of the San Joaquin River Restora11 tion Settlement Act (Public Law 111–11) is amended— 

12 (1) by striking ‘‘not a party to the Settlement’’ 

13 after ‘‘person or entity’’; and 

14 (2) by striking ‘‘or the Settlement’’ before the 

15 period and inserting ‘‘unless otherwise provided by 

16 this part. Any Central Valley Project long-term 

17 water service or repayment contractor within the 

18 Friant Division, Hidden unit, or Buchanan Unit ad19 versely affected by the Secretary’s failure to comply 

20 with section 10004(a)(3) of this part may bring an 

21 action against the Secretary for injunctive relief or 

22 damages, or both.’’. 

23 SEC. 209. IMPLEMENTATION. 

24 Section 10009 of the San Joaquin River Restoration 

25 Settlement Act (Public Law 111–11) is amended— 


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1 (1) in the header by striking ‘‘; SETTLEMENT

2 FUND’’; 

3 (2) in subsection (a)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘the Settlement’’ the 

6 first place it appears and inserting ‘‘this 

7 part’’; 

8 (ii) by striking ‘‘, estimated to total’’ 

9 and all that follows through ‘‘subsection 

10 (b)(1),’’; and 

11 (iii) by striking ‘‘provided however,’’ 

12 and all that follows through 

13 ‘‘$110,000,000 of State funds’’; 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A), by striking 

16 ‘‘(A) IN GENERAL.—The Secretary’’ and 

17 inserting ‘‘The Secretary’’; 

18 (ii) by striking subparagraph (B); and 

19 (C) in paragraph (3)— 

20 (i) by striking ‘‘Except as provided in 

21 the Settlement, to’’ and inserting ‘‘To’’; 

22 and 

23 (ii) by striking ‘‘this Settlement’’ and 

24 inserting ‘‘this part’’; 

25 (3) in subsection (b)(1)— 


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1 (A) by striking ‘‘In addition’’ through 

2 ‘‘however, that the’’ and inserting ‘‘The’’; 

3 (B) by striking ‘‘such additional appropria4 tions only in amounts equal to’’; and 

5 (C) by striking ‘‘or the Settlement’’ before 

6 the period; 

7 (4) in subsection (c)— 

8 (A) in paragraph (1)— 

9 (i) in the matter preceding subpara10 graph (A), by striking ‘‘the Settlement’’ 

11 and inserting ‘‘this part’’; 

12 (ii) in subparagraph (C), by striking 

13 ‘‘from the sale of water pursuant to the 

14 Settlement, or’’; and 

15 (iii) in subparagraph (D), by striking 

16 ‘‘the Settlement’’ and inserting ‘‘this 

17 part’’; 

18 (B) in paragraph (2), by striking ‘‘the Set19 tlement and’’ before ‘‘this part’’; and 

20 (5) by striking subsections (d) through (f). 

21 SEC. 210. REPAYMENT CONTRACTS AND ACCELERATION OF 

22 REPAYMENT OF CONSTRUCTION COSTS. 

23 Section 10010 of the San Joaquin River Restoration 

24 Settlement Act (Public Law 111–11) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (3)(D), by striking ‘‘the 

2 Settlement and’’ before ‘‘this part’’; and 

3 (B) in paragraph (4)(C), by striking ‘‘the 

4 Settlement and’’ before ‘‘this part’’; 

5 (2) in subsection (c), by striking paragraph (3); 

6 (3) in subsection (d)(1), by striking ‘‘the Settle7 ment’’ in both places it appears and inserting ‘‘this 

8 part’’; 

9 (4) in subsection (e)— 

10 (A) in paragraph (1)— 

11 (i) by striking ‘‘Interim Flows or Res12 toration Flows, pursuant to paragraphs 13 

13 or 15 of the Settlement’’ and inserting 

14 ‘‘Restoration Flows, pursuant to this 

15 part’’; 

16 (ii) by striking ‘‘Interim Flows or’’ be17 fore ‘‘Restoration Flows’’; and 

18 (iii) by striking ‘‘the Interim Flows or 

19 Restoration Flows or is intended to other20 wise facilitate the Water Management 

21 Goal, as described in the Settlement’’ and 

22 inserting ‘‘Restoration Flows’’; and 

23 (B) in paragraph (2)— 

24 (i) by striking ‘‘except as provided in 

25 paragraph 16(b) of the Settlement’’ after 


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1 ‘‘Friant Division long-term contractor’’; 

2 and 

3 (ii) by striking ‘‘the Interim Flows or 

4 Restoration Flows or to facilitate the 

5 Water Management Goal’’ and inserting 

6 ‘‘Restoration Flows’’. 

7 SEC. 211. REPEAL. 

8 Section 10011 of the San Joaquin River Restoration 

9 Settlement Act (Public Law 111–11) is repealed. 

10 SEC. 212. WATER SUPPLY MITIGATION. 

11 Section 10202(b) of the San Joaquin River Restora12 tion Settlement Act (Public Law 111–11) is amended— 

13 (1) in paragraph (1), by striking ‘‘the Interim 

14 or Restoration Flows authorized in part I of this 

15 subtitle’’ and inserting ‘‘Restoration Flows author16 ized in this part’’; 

17 (2) in paragraph (2), by striking ‘‘the Interim 

18 or Restoration Flows authorized in part I of this 

19 subtitle’’ and inserting ‘‘Restoration Flows author20 ized in this part’’; and 

21 (3) in paragraph (3)— 

22 (A) in subparagraph (A), by striking 

23 ‘‘meet the Restoration Goal as described in part 

24 I of this subtitle’’ and inserting ‘‘recover Res25 toration Flows as described in this part’’; 


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1 (B) in subparagraph (C)— 

2 (i) by striking ‘‘the Interim or Res3 toration Flows authorized in part I of this 

4 subtitle’’ and inserting ‘‘Restoration Flows 

5 authorized in this part’’; and 

6 (ii) by striking ‘‘, and for ensuring ap7 propriate adjustment in the recovered 

8 water account pursuant to section 

9 10004(a)(5)’’. 

10 SEC. 213. ADDITIONAL AUTHORITIES. 

11 Section 10203 of the San Joaquin River Restoration 

12 Settlement Act (Public Law 111–11) is amended— 

13 (1) in subsection (b)— 

14 (A) by striking ‘‘section 10004(a)(4)’’ and 

15 inserting ‘‘section 10004(a)(3)’’; and 

16 (B) by striking ‘‘, provided’’ and all that 

17 follows through ‘‘section 10009(f)(2)’’; and 

18 (2) by striking subsection (c). 

19 TITLE III—REPAYMENT CON20 TRACTS AND ACCELERATION 

21 OF REPAYMENT OF CON22 STRUCTION COSTS 

23 SEC. 301. REPAYMENT CONTRACTS AND ACCELERATION OF 

24 REPAYMENT OF CONSTRUCTION COSTS. 

25 (a) CONVERSION OF CONTRACTS.— 


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1 (1) Not later than 1 year after enactment, the 

2 Secretary of the Interior, upon request of the con3 tractor, shall convert all existing long-term Central 

4 Valley Project contracts entered under subsection (e) 

5 of section 9 of the Act of August 4, 1939 (53 Stat. 

6 1196), to a contract under subsection (d) of section 

7 9 of said Act (53 Stat. 1195), under mutually agree8 able terms and conditions. 

9 (2) Upon request of the contractor, the Sec10 retary is further authorized to convert, not later 

11 than 1 year after enactment, any Central Valley 

12 Project long-term contract entered under subsection 

13 (c)(2) of section 9 of the Act of August 4, 1939 (53 

14 Stat. 1194), to a contract under subsection (c)(1) of 

15 section 9 of said Act, under mutually agreeable 

16 terms and conditions. 

17 (3) All contracts entered into pursuant to para18 graph (1) shall— 

19 (A) require the repayment, either in lump 

20 sum or by accelerated prepayment, of the re21 maining amount of construction costs identified 

22 in the most current version of the Central Val23 ley Project Schedule of Irrigation Capital Allo24 cations by Contractor, as adjusted to reflect 

25 payments not reflected in such schedule, and 


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1 properly assignable for ultimate return by the 

2 contractor, no later than January 31, 2015, or 

3 if made in approximately equal annual install4 ments, no later than January 31, 2018; such 

5 amount to be discounted by the Treasury Rate. 

6 An estimate of the remaining amount of con7 struction costs as of January 31, 2015, as ad8 justed, shall be provided by the Secretary of the 

9 Interior to each contractor no later than 180 

10 days after enactment; 

11 (B) require that, notwithstanding sub12 section (c)(2), construction costs or other cap13 italized costs incurred after the effective date of 

14 the converted contract or not reflected in the 

15 schedule referenced in subparagraph (A), and 

16 properly assignable to such contractor, shall be 

17 repaid in not more than 5 years after notifica18 tion of the allocation if such amount is a result 

19 of a collective annual allocation of capital costs 

20 to the contractors exercising contract conver21 sions under this subsection of less than 

22 $5,000,000. If such amount is $5,000,000 or 

23 greater, such cost shall be repaid as provided by 

24 applicable reclamation law, provided that the 


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1 reference to the amount of $5,000,000 shall not 

2 be a precedent in any other context; and 

3 (C) provide that power revenues will not be 

4 available to aid in repayment of construction 

5 costs allocated to irrigation under the contract. 

6 (4) All contracts entered into pursuant to para7 graph (2) shall— 

8 (A) require the repayment in lump sum of 

9 the remaining amount of construction costs 

10 identified in the most current version of the 

11 Central Valley Project Schedule of Municipal 

12 and Industrial Water Rates, as adjusted to re13 flect payments not reflected in such schedule, 

14 and properly assignable for ultimate return by 

15 the contractor, no later than January 31, 2018. 

16 An estimate of the remaining amount of con17 struction costs as of January 31, 2018, as ad18 justed, shall be provided by the Secretary of the 

19 Interior to each contractor no later than 180 

20 days after enactment; and 

21 (B) require that, notwithstanding sub22 section (c)(2), construction costs or other cap23 italized costs incurred after the effective date of 

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1 signable to such contractor, shall be repaid in 

2 not more than 5 years after notification of the 

3 allocation if such amount is a result of a collec4 tive annual allocation of capital costs to the 

5 contractors exercising contract conversions 

6 under this subsection of less than $5,000,000. 

7 If such amount is $5,000,000 or greater, such 

8 cost shall be repaid as provided by applicable 

9 reclamation law, provided that the reference to 

10 the amount of $5,000,000 shall not be a prece11 dent in any other context. 

12 (b) FINAL ADJUSTMENT.—The amounts paid pursu13 ant to subsection (a) shall be subject to adjustment fol14 lowing a final cost allocation by the Secretary of the Inte15 rior upon completion of the construction of the Central 

16 Valley Project. In the event that the final cost allocation 

17 indicates that the costs properly assignable to the con18 tractor are greater than what has been paid by the con19 tractor, the contractor shall be obligated to pay the re20 maining allocated costs. The term of such additional re21 payment contract shall be no less than 1 year and no more 

22 than 10 years, however, mutually agreeable provisions re23 garding the rate of repayment of such amount may be de24 veloped by the parties. In the event that the final cost allo25 cation indicates that the costs properly assignable to the 


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1 contractor are less than what the contractor has paid, the 

2 Secretary of the Interior is authorized and directed to 

3 credit such overpayment as an offset against any out4 standing or future obligation of the contractor. 

5 (c) APPLICABILITY OF CERTAIN PROVISIONS.— 

6 (1) Notwithstanding any repayment obligation 

7 under subsection (a)(3)(B) or subsection (b), upon a 

8 contractor’s compliance with and discharge of the 

9 obligation of repayment of the construction costs as 

10 provided in subsection (a)(3)(A), the ownership and 

11 full-cost pricing limitations of any provision of Fed12 eral reclamation law shall not apply to lands in such 

13 district. 

14 (2) Notwithstanding any repayment obligation 

15 under paragraph (3)(B) or paragraph (4)(B) of sub16 section (a), or subsection (b), upon a contractor’s 

17 compliance with and discharge of the obligation of 

18 repayment of the construction costs as provided in 

19 paragraphs (3)(A) and (4)(A) of subsection (a), such 

20 contractor shall continue to pay applicable operation 

21 and maintenance costs and other charges applicable 

22 to such repayment contracts pursuant to the then23 current rate-setting policy and applicable law. 

24 (d) CERTAIN REPAYMENT OBLIGATIONS NOT AL25 TERED.—Implementation of the provisions of this section 


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1 shall not alter the repayment obligation of any other long2 term water service or repayment contractor receiving 

3 water from the Central Valley Project, or shift any costs 

4 that would otherwise have been properly assignable to any 

5 contractors absent this section, including operations and 

6 maintenance costs, construction costs, or other capitalized 

7 costs incurred after the date of enactment of this Act, to 

8 other such contractors. 

9 (e) STATUTORY INTERPRETATION.—Nothing in this 

10 part shall be construed to affect the right of any long11 term contractor to use a particular type of financing to 

12 make the payments required in paragraph (3)(A) or para13 graph (4)(A) of subsection (a). 

14 (f) DEFINITION OF TREASURY RATE.—For purposes 

15 of this section, ‘‘Treasury Rate’’ shall be defined as the 

16 20-year Constant Maturity Treasury rate published by the 

17 United States Department of the Treasury as of October 

18 1, 2014. 


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1 TITLE IV—BAY-DELTA WATER2 SHED WATER RIGHTS PRES3 ERVATION AND PROTECTION 

4 SEC. 401. WATER RIGHTS AND AREA-OF-ORIGIN PROTEC5 TIONS. 

6 Notwithstanding the provisions of this Act, Federal 

7 reclamation law, or the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.)— 

9 (1) the Secretary of the Interior (‘‘Secretary’’) 

10 is directed, in the operation of the Central Valley 

11 Project, to strictly adhere to State water rights law 

12 governing water rights priorities by honoring water 

13 rights senior to those belonging to the Central Valley 

14 Project, regardless of the source of priority; 

15 (2) the Secretary is directed, in the operation of 

16 the Central Valley Project, to strictly adhere to and 

17 honor water rights and other priorities that are ob18 tained or exist pursuant to the provisions of Cali19 fornia Water Code sections 10505, 10505:5, 11128, 

20 11460, and 11463; and sections 12200 to 12220, in21 clusive; and 

22 (3) any action that affects the diversion of 

23 water or involves the release of water from any Cen24 tral Valley Project water storage facility taken by 

25 the Secretary or the Secretary of the Department of 


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1 Commerce to conserve, enhance, recover, or other2 wise protect any species listed under the Endangered 

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

4 be applied in a manner that is consistent with water 

5 right priorities established by State law. 

6 SEC. 402. SACRAMENTO RIVER SETTLEMENT CONTRACTS. 

7 In the implementation of the Endangered Species Act 

8 of 1973 (16 U.S.C. 1531 et seq.), in the Bay-Delta and 

9 on the Sacramento River, the Secretary and the Secretary 

10 of Commerce are directed to apply any limitations on the 

11 operation of the Central Valley Project or to formulate any 

12 ‘‘reasonable prudent alternative’’ associated with the oper13 ation of the Central Valley Project in a manner that strict14 ly adheres to and applies the water rights priorities for 

15 ‘‘Project Water’’ and ‘‘Base Supply’’ provided for in the 

16 Sacramento River Settlement Contracts. Article 3(i) of the 

17 Sacramento River Settlement Contracts shall not be uti18 lized by the United States as means to provide shortages 

19 to the Sacramento River Settlement Contracts that are 

20 different than those provided for in Article 5(a) of those 

21 contracts. 

22 SEC. 403. SACRAMENTO RIVER WATERSHED WATER SERV23 ICE CONTRACTORS. 

24 (a) IN GENERAL.—Subject to subsection (b) and the 

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1 tractors to Sacramento River supplies over Central Valley 

2 Project diversions and deliveries to other contractors, the 

3 Secretary is directed, in the operation of the Central Val4 ley Project, to allocate water provided for irrigation pur5 poses to existing Central Valley Project agricultural water 

6 service contractors within the Sacramento River Water7 shed in compliance with the following: 

8 (1) Not less than 100% of their contract quan9 tities in a ‘‘Wet’’ year. 

10 (2) Not less than 100% of their contract quan11 tities in an ‘‘Above Normal’’ year. 

12 (3) Not less than 100% of their contract quan13 tities in a ‘‘Below Normal’’ year. 

14 (4) Not less than 75% of their contract quan15 tities in a ‘‘Dry’’ year. 

16 (5) Not less than 50% of their contract quan17 tities in a ‘‘Critically Dry’’ year. 

18 (b) PROTECTION OF MUNICIPAL AND INDUSTRIAL

19 SUPPLIES.—Nothing in subsection (a) shall be deemed to: 

20 (i) modify any provision of a water service contract that 

21 addresses municipal and industrial water shortage policies 

22 of the Secretary; (ii) affect or limit the authority of the 

23 Secretary to adopt or modify municipal and industrial 

24 water shortage policies; (iii) affect or limit the authority 

25 of the Secretary to implement municipal and industrial 


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1 water shortage policies; or (iv) affect allocations to Central 

2 Valley Project municipal and industrial contractors pursu3 ant to such policies. Neither subsection (a) nor the Sec4 retary’s implementation of subsection (a) shall constrain, 

5 govern or affect, directly or indirectly, the operations of 

6 the Central Valley Project’s American River Division or 

7 any deliveries from that Division, its units or its facilities. 

8 (c) DEFINITIONS.—In this section: 

9 (1) The term ‘‘existing Central Valley Project 

10 agricultural water service contractors within the 

11 Sacramento River Watershed’’ means water service 

12 contractors within the Shasta, Trinity, and Sac13 ramento River Divisions of the Central Valley 

14 Project, that have a water service contract in effect, 

15 on the date of the enactment of this section, that 

16 provides water for irrigation. 

17 (2) The year type terms used in subsection (a) 

18 have the meaning given those year types in the Sac19 ramento Valley Water Year Type (40–30–30) Index. 

20 SEC. 404. NO REDIRECTED ADVERSE IMPACTS. 

21 The Secretary shall insure that there are no redi22 rected adverse water supply or fiscal impacts to those 

23 within the Sacramento River or San Joaquin River water24 shed or to the State Water Project arising from the Sec25 retary’s operation of the Central Valley Project to meet 


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1 legal obligations imposed by or through any State or Fed2 eral agency, including, but not limited to those legal obli3 gations emanating from the Endangered Species Act of 

4 1973 (16 U.S.C. 1531 et seq.) or this Act, or actions or 

5 activities implemented to meet the twin goals of improving 

6 water supply or addressing environmental needs of the 

7 Bay Delta. 

8 TITLE V—MISCELLANEOUS 

9 SEC. 501. PRECEDENT. 

10 Congress finds and declares that— 

11 (1) coordinated operations between the Central 

12 Valley Project and the State Water Project, pre13 viously requested and consented to by the State of 

14 California and the Federal Government, require as15 sertion of Federal supremacy to protect existing 

16 water rights throughout the system; and 

17 (2) these circumstances are unique to Cali18 fornia. 

19 Therefore, nothing in this Act shall serve as precedent in 

20 any other State. 

21 SEC. 502. NO EFFECT ON PROCLAMATION OF STATE OF 

22 EMERGENCY. 

23 Nothing in this Act shall affect in any way the Proc24 lamation of State of Emergency and associated Executive 

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1 uary 17, 2014, or the authorities granted thereby, includ2 ing without limitation the authority of the California State 

3 Water Resources Control Board to modify any standards 

4 or operational constraints adopted to implement the 

5 ‘‘Principles for on the Bay-Delta Standards Between the 

6 State of California and the Federal Government’’, dated 

7 December 15, 1994, so as to make additional irrigation 

8 and municipal and industrial water supplies available in 

9 the Central Valley Project and State Water Project service 

10 areas during the state of emergency. 

11 SEC. 503. WILD AND SCENIC RIVERS ACT. 

12 (a) WILD AND SCENIC RIVERS ACT.—Section 

13 3(a)(62)(B)(i) of the Wild and Scenic Rivers Act (16 

14 U.S.C. 1274(a)(62)(B)(i)) is amended— 

15 (1) by striking ‘‘the normal maximum’’ the first 

16 place that it appears and all that follows through 

17 ‘‘April, 1990.’’ and inserting the following: ‘‘the 

18 boundary of FERC Project No. 2179 as it existed 

19 on February 15, 2013, consisting of a point approxi20 mately 2,480 feet downstream of the confluence with 

21 the North Fork of the Merced River, consisting of 

22 approximately 7.4 miles.’’; and 

23 (2) by striking ‘‘the normal maximum operating 

24 pool water surface level of Lake McClure’’ the sec25 ond place that it appears and inserting ‘‘the boundVerDate Mar 15 2010 22:06 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H3964.PCS H3964

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1 ary of FERC Project No. 2179 as it existed on Feb2 ruary 15, 2013, consisting of a point approximately 

3 2,480 feet downstream of the confluence with the 

4 North Fork of the Merced River’’. 

5 (b) EXCHEQUER PROJECT.—Section 3 of Public Law 

6 102–432 is amended by striking ‘‘Act’’ and all that follows 

7 through the period and inserting ‘‘Act.’’. 

8 SEC. 504. FISHERIES DISASTER DECLARATION. 

9 The Proclamation of State Emergency and associated 

10 Executive order issued by Governor Edmund G. Brown, 

11 Jr. on January 17, 2014, shall be considered a request 

12 by the Governor for purposes of section 312(a) of the 

13 Magnuson-Stevens Fishery Conservation and Manage14 ment Act (16 U.S.C. 1861a) to determine that a fishery 

15 resource disaster exists for fisheries that originate in the 

16 State of California. 

Passed the House of Representatives February 5, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK67QTVN1PROD with BILLS

emcdonald on DSK67QTVN1PROD with BILLS
Calendar No. 306 

113TH CONGRESS 

2D SESSION H. R. 3964 

AN ACT 

To address certain water-related concerns in the 

purposes. Sacramento-San Joaquin Valley, and for other 

FEBRUARY 10, 2014 

Read the second time and placed on the calendar 


emcdonald on DSK67QTVN1PROD with BILLS