I 

118TH CONGRESS 

1ST SESSION H. R. 215 

To provide long-term water supply and regulatory reliability to droughtstricken California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. VALADAO (for himself, Mr. MCCARTHY, Mr. CALVERT, Mr. DUARTE, Mr. 

MIKE GARCIA of California, Mr. ISSA, Mr. KILEY, Mrs. KIM of California, Mr. LAMALFA, Mr. MCCLINTOCK, Mr. OBERNOLTE, and Mrs. 

STEEL) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide long-term water supply and regulatory reliability 

to drought-stricken California, 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 This Act may be cited as the ‘‘Working to Advance 

5 Tangible and Effective Reforms for California Act’’ or the 

6 ‘‘WATER for California Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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Sec. 3. Definitions. 

TITLE I—CVP AND SWP OPERATIONS 

Sec. 101. Operation of the CVP and SWP. 

Sec. 102. Operations and reviews. 

Sec. 103. Application of State laws. 

Sec. 104. Reconsultation of NOAA Biological Opinion and FWS Biological 

Opinion. 

Sec. 105. Sunset. 

Sec. 106. Consultation on coordinated operations. 

TITLE II—ALLOCATIONS FOR SACRAMENTO VALLEY 

CONTRACTORS 

Sec. 201. Definitions. 

Sec. 202. Allocations of water. 

Sec. 203. Protection of refuge, municipal and industrial and other contractors. 

Sec. 204. Other contractors. 

TITLE III—INFRASTRUCTURE 

Sec. 301. Shasta Reservoir enlargement project. 

Sec. 302. Water supply plan; projects. 

Sec. 303. Conservation fish hatcheries. 

Sec. 304. Storage; duration. 

Sec. 305. Shasta Dam enlargement. 

TITLE IV—CVPIA ACTIONS 

Sec. 401. CVPIA restoration actions. 

1 SEC. 3. DEFINITIONS. 

2 In this Act, the following definitions apply: 

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

4 Valley Project. 

5 (2) CVP CONTRACTOR.—The term ‘‘CVP con6 tractor’’ means any public water agency, water user 

7 organization, or person that has entered into a con8 tract with the United States for water service from 

9 the CVP, whether in the form of a water service 

10 contract, repayment contract, water rights settle11 ment contract, exchange contract, or refuge con12 tract. 


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1 (3) FWS BIOLOGICAL OPINION.—The term 

2 ‘‘FWS Biological Opinion’’ means the United States 

3 Fish and Wildlife Service ‘‘Biological Opinion for the 

4 Reinitiation of Consultation on the Coordinated Op5 erations of the Central Valley Project and State 

6 Water Project’’ (Service File No. 08FBTD00–2019– 

7 F–0164) signed on October 21, 2019. 

8 (4) NOAA BIOLOGICAL OPINION.—The term 

9 ‘‘NOAA Biological Opinion’’ means the National 

10 Oceanic and Atmospheric Administration Fisheries 

11 ‘‘Biological Opinion on the Long-term Operation of 

12 the Central Valley Project and the State Water 

13 Project’’ (Consultation Tracking Number: WCRO– 

14 2016–00069) signed on October 21, 2019. 

15 (5) PREFERRED ALTERNATIVE.—The term 

16 ‘‘Preferred Alternative’’ means the Alternative 1 

17 (Preferred Alternative), as described in the Final 

18 Environmental Impact Statement on the Reinitiation 

19 of Consultation on the Coordinated Long-Term Op20 eration of the Central Valley Project and the State 

21 Water Project, issued by the Bureau of Reclamation, 

22 and dated December 2019. 

23 (6) SWP.—The term ‘‘SWP’’ means the Cali24 fornia State Water Project. 


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1 (7) SWP CONTRACTOR.—The term ‘‘SWP con2 tractor’’ means a public agency that has entered into 

3 a long-term water supply contract with the Cali4 fornia Department of Water Resources for water 

5 service from the SWP. 

6 TITLE I—CVP AND SWP 

7 OPERATIONS 

8 SEC. 101. OPERATION OF THE CVP AND SWP. 

9 (a) CONGRESSIONAL DIRECTION REGARDING CVP 

10 AND SWP OPERATIONS.—The CVP and the SWP shall 

11 be operated in accordance with the Preferred Alternative 

12 and FWS Biological Opinion and NOAA Biological Opin13 ion. 

14 (b) APPLICATION OF LAWS AND REGULATIONS TO

15 OTHERS.—Operation of the CVP and SWP shall proceed 

16 pursuant to subsection (a) except to the extent changes 

17 to operations are undertaken pursuant to one or more 

18 agreements, which are voluntarily entered into, approved, 

19 and implemented by CVP contractors, for operations of 

20 the CVP, and SWP contractors, for operations of the 

21 SWP, with all applicable Federal departments and the 

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

23 State of California. 

24 (c) COSTS.—No cost, including water supply, finan25 cial, mitigation-related, or otherwise, associated with the 


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1 implementation of any agreement under subsection (b) 

2 shall be imposed by any Federal department or agency or 

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

4 the State of California, directly or indirectly on any CVP 

5 contractor, SWP contractor, or any other person or entity, 

6 unless such costs are incurred on a voluntary basis. 

7 (d) ENDANGERED SPECIES ACT.—Notwithstanding 

8 subsection (b), implementation of subsection (a) shall not 

9 conflict with the FWS Biological Opinion and the NOAA 

10 Biological Opinion. 

11 (e) NATIVE SPECIES PROTECTION.—The State of 

12 California shall not impose any bag, catch, or size restric13 tion or limit on the take or harvest of striped bass or any 

14 species of black bass, including largemouth bass, 

15 smallmouth bass, and spotted bass, that occupy the Sac16 ramento-San Joaquin Rivers Delta or its tributaries. 

17 SEC. 102. OPERATIONS AND REVIEWS. 

18 In carrying out section 101(a), the Secretary of the 

19 Interior and the Secretary of Commerce shall implement 

20 their statutory authorities in a manner that improves 

21 water supply reliability and enables the CVP and SWP 

22 to provide the maximum quantity of water supplies prac23 ticable to CVP agricultural, municipal, and industrial con24 tractors, water service or repayment contractors, water 

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1 uge contractors, and SWP contractors, in accordance with 

2 the Preferred Alternative, NOAA Biological Opinion, and 

3 FWS Biological Opinion. 

4 SEC. 103. APPLICATION OF STATE LAWS. 

5 (a) REDUCED WATER SUPPLY.—If, as a result of the 

6 application of applicable State law or regulation, the State 

7 of California (including any agency or board of the State 

8 of California) alters operation of the SWP in a manner 

9 that directly or indirectly results in reduced water supply 

10 to the SWP as compared with the water supply available 

11 under the Preferred Alternative, and as a result, CVP 

12 yield is greater than it otherwise would have been under 

13 the Preferred Alternative, then that additional yield shall 

14 be made available to the SWP for delivery to SWP Con15 tractors to offset that reduced water supply. If it is nec16 essary to reduce water supplies for any authorized uses 

17 of the CVP or CVP Contractors to make available to the 

18 SWP that additional yield, such reductions shall be ap19 plied proportionately to those authorized uses or CVP con20 tractors that benefit from that increased yield. 

21 (b) NO RESTRICTION OF CERTAIN WATER

22 RIGHTS.—The State of California (including any agency 

23 or board of the State of California) shall not restrict the 

24 exercise of any water right obtained pursuant to State law, 

25 including but not limited to a pre-1914 appropriative right 


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1 or riparian right in order to offset any impact resulting 

2 from the implementation of this title on any species af3 fected by operations of the CVP or the SWP. 

4 SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPIN5 ION AND FWS BIOLOGICAL OPINION. 

6 (a) REQUIREMENT FOR RECONSULTATION.— 

7 (1) REQUIREMENT.—Neither the Secretary of 

8 the Interior, acting through the Commissioner of 

9 Reclamation, nor the Secretary of Commerce or 

10 their designees shall commence, complete, or request 

11 reinitiation of consultation on the coordinated long12 term operation of the Central Valley Project and the 

13 State Water Project that will result in changes to or 

14 the replacement of the documents listed in para15 graph (2) unless— 

16 (A) more than 75 percent of California has 

17 experienced 4 consecutive years of D3 or D4 

18 level drought, as defined by the U.S. Drought 

19 Monitor; 

20 (B) the Commissioner of Reclamation iden21 tifies one specific factor or combination of fac22 tors under section 402.16 of title 50, Code of 

23 Federal Regulations; and 

24 (C) not fewer than 120 days before offi25 cially commencing or requesting reinitiation, the 


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1 Secretary of the Interior notifies the Committee 

2 on Natural Resources of the House of Rep3 resentatives and Committee on Energy and 

4 Natural Resources of the Senate, in writing, 

5 of— 

6 (i) the intent to commence or request 

7 reinitiation under this section; and 

8 (ii) the detailed justification for the 

9 identification of the specific factor or com10 bination of factors under section 402.16 of 

11 title 50, Code of Federal Regulations, that 

12 was identified to satisfy the requirement in 

13 subparagraph (B). 

14 (2) DOCUMENTS.—The documents referred to 

15 in paragraph (1) are the following: 

16 (A) The FWS Biological Opinion. 

17 (B) The NOAA Biological Opinion. 

18 (C) The Record of Decision for the Reiniti19 ation of Consultation on the Coordinated Long20 Term Modified Operations of the Central Valley 

21 Project and State Water Project, signed on 

22 February 18, 2020. 

23 (b) APPLICABLE PROCEDURES AND REVIEW.—For 

24 the purposes of this Act, before reinitiating consultation 

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1 quest by the Secretary of the Interior, the Secretary of 

2 the Commerce, or any other Federal employee, to reini3 tiate consultation shall be made in writing and considered 

4 a rule under section 551 of title 5, United States Code, 

5 and subject to the requirements of sections 801 through 

6 808 of that title. 

7 (c) COOPERATION.—In implementing this section, the 

8 Secretary of the Interior and the Secretary of Commerce 

9 shall comply with requirements included in section 4004 

10 of Public Law 114–322. 

11 (d) EXCLUSION.—Notwithstanding subsection (b), in 

12 implementing this section, section 801(b)(2) of title 5, 

13 United States Code, shall not apply. 

14 SEC. 105. SUNSET. 

15 Sections 101 through 104 shall have no force or ef16 fect on and after the date that is 7 years after the date 

17 of the enactment of this Act. 

18 SEC. 106. CONSULTATION ON COORDINATED OPERATIONS. 

19 The Water Infrastructure Improvements for the Na20 tion Act (Public Law 114–322) is amended— 

21 (1) in section 4004(a)— 

22 (A) in paragraph (1), by inserting ‘‘or pro23 posed action’’ after ‘‘biological assessment,’’; 

24 (B) in paragraph (2), by inserting ‘‘or pro25 posed action’’ after ‘‘biological assessment,’’; 


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1 (C) by redesignating paragraphs (3) 

2 through (6) as paragraphs (4) through (7), re3 spectively; 

4 (D) after paragraph (2), by inserting the 

5 following new paragraph: 

6 ‘‘(3) receive a copy of the proposed action and 

7 have the opportunity to review that document and 

8 provide comment to the action agency, which com9 ments shall be afforded due consideration during de10 velopment;’’; and 

11 (E) in paragraph (7), as redesignated by 

12 subparagraph (C) of this paragraph— 

13 (i) in the matter preceding subpara14 graph (A), by inserting ‘‘action agency pro15 poses a proposed action or’’ before ‘‘the 

16 consulting agency’’; 

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

18 ‘‘proposed action or’’ before ‘‘alternative 

19 will’’; and 

20 (iii) in subparagraph (B), by striking 

21 ‘‘alternative actions’’ and insert ‘‘actions 

22 or alternatives’’; and 

23 (2) in section 4013, by deleting ‘‘section 4004, 

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1 actment;’’ and inserting ‘‘section 4004, which shall 

2 expire on December 16, 2033;’’. 

3 TITLE II—ALLOCATIONS FOR 

4 SACRAMENTO VALLEY CON5 TRACTORS 

6 SEC. 201. DEFINITIONS. 

7 In this title, the following definitions apply: 

8 (1) The term ‘‘existing CVP agricultural water 

9 service or repayment contractor within the Sac10 ramento River Watershed’’ means any water service 

11 or repayment contractor within the Shasta, Trinity, 

12 or Sacramento River division of the CVP that has 

13 in effect a water service or repayment contract on 

14 the date of enactment of this title that provides 

15 water for irrigation. 

16 (2) The terms ‘‘Above Normal’’, ‘‘Below Nor17 mal’’, ‘‘Dry’’, and ‘‘Wet’’, with respect to a year, 

18 have the meanings given those terms in the Sac19 ramento Valley Water Year Type (40–30–30) Index. 

20 SEC. 202. ALLOCATIONS OF WATER. 

21 Subject to section 203, and notwithstanding any 

22 changes to operations of the CVP or SWP voluntarily 

23 agreed to, approved, and implemented by CVP contrac24 tors, the Secretary of the Interior shall make every reason25 able effort in the operation of the CVP to allocate water 


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1 provided for irrigation purposes to each existing CVP agri2 cultural water service contractor within the Sacramento 

3 River Watershed in accordance with the following: 

4 (1) Not less than 100 percent of the contract 

5 quantity of the existing CVP agricultural water serv6 ice contractor within the Sacramento River Water7 shed in a Wet year. 

8 (2) Not less than 100 percent of the contract 

9 quantity of the existing CVP agricultural water serv10 ice contractor within the Sacramento River Water11 shed in an Above Normal year. 

12 (3) Not less than 100 percent of the contract 

13 quantity of the existing CVP agricultural water serv14 ice contractor within the Sacramento River Water15 shed in a Below Normal year that is preceded by an 

16 Above Normal or Wet year. 

17 (4) Not less than 50 percent of the contract 

18 quantity of the existing CVP agricultural water serv19 ice contractor within the Sacramento River Water20 shed in a Dry year that is preceded by a Below Nor21 mal, Above Normal, or Wet year. 

22 (5) In any other year not identified in any sub23 sections (a) through (d), not less than twice the allo24 cation percentage to south-of-Delta CVP agricultural 

25 water service contractors, up to 100 percent. 


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1 SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND IN2 DUSTRIAL AND OTHER CONTRACTORS. 

3 Nothing in section 202 shall— 

4 (1) adversely affect any protections for the envi5 ronment, including the obligation of the Secretary of 

6 the Interior to make water available to managed 

7 wetlands pursuant to section 3406(d) of the Central 

8 Valley Project Improvement Act (title XXXIV of 

9 Public Law 102–575; 106 Stat. 4722); 

10 (2) adversely affect any obligation of the Sec11 retary of the Interior or the Secretary of Commerce 

12 under the FWS Biological Opinion or the NOAA Bi13 ological Opinion; 

14 (3) modify any provision of a water service con15 tract that addresses municipal or industrial water 

16 shortage policies of the Secretary of the Interior; 

17 (4) affect or limit the authority of the Secretary 

18 of the Interior to adopt or modify municipal and in19 dustrial water shortage policies; 

20 (5) constrain, govern, or affect, directly or indi21 rectly, the operations of the American River division 

22 of the CVP or any deliveries from that division or 

23 a unit or facility of that division; or 

24 (6) affect any allocation to a CVP municipal or 

25 industrial water service contractor by increasing or 

26 decreasing allocations to the contractor, as compared 


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1 to the allocation the contractor would have received 

2 absent section 202. 

3 SEC. 204. OTHER CONTRACTORS. 

4 Nothing in section 202 shall— 

5 (1) affect the priority of any individual or entity 

6 with a Sacramento River settlement contract over 

7 water service or repayment contractors; 

8 (2) affect the United States ability to deliver 

9 water to the San Joaquin River exchange contrac10 tors from the Sacramento River and the Delta via 

11 the Delta-Mendota Canal or modify or amend the 

12 rights and obligations under the Purchase Contract 

13 between Miller and Lux and the United States and 

14 the Second Amended Exchange Contract between 

15 the United States, Department of the Interior, Bu16 reau of Reclamation and Central California Irriga17 tion District, San Luis Canal Company, Firebaugh 

18 Canal Water District and Columbia Canal Company; 

19 (3) affect the allocation of water to Friant divi20 sion contractors of the CVP; 

21 (4) result in the involuntary reduction in con22 tract water allocations to individuals or entities with 

23 contracts to receive water from the Friant division; 

24 (5) result in the involuntary reduction in water 

25 allocations to refuge contractors; or 


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1 (6) authorize any actions inconsistent with 

2 State water rights law. 

3 TITLE III—INFRASTRUCTURE 

4 SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT. 

5 Section 40902(a)(2) of the Infrastructure Investment 

6 and Jobs Act (Public Law 117–58) is amended— 

7 (1) in subparagraph (B)— 

8 (A) in the matter preceding clause (i), by 

9 striking ‘‘this Act, except for any project for 

10 which—’’ and inserting ‘‘this Act; or’’; and 

11 (B) by striking clauses (i) and (ii); and 

12 (2) in subparagraph (C), by striking ‘‘(except 

13 that projects described in clauses (i) and (ii) of sub14 paragraph (B) shall not be eligible)’’. 

15 SEC. 302. WATER SUPPLY PLAN; PROJECTS. 

16 (a) PLAN.—Not later than 180 days after the date 

17 of the enactment of this Act, the Commissioner of Rec18 lamation shall develop a water deficit report, which shall 

19 identify— 

20 (1) projected water supply shortages in the 

21 State of California for irrigation water service, mu22 nicipal and industrial water service, water supply for 

23 wildlife refuges supplied by the CVP or the SWP; 

24 and 


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1 (2) infrastructure projects or actions which, if 

2 taken, would— 

3 (A) significantly reduce or eliminate the 

4 projected water supply shortage; or 

5 (B) fulfill water allocations consistent with 

6 agricultural, municipal and industrial contrac7 tors, water service or repayment contractors, 

8 water rights settlement contractors, exchange 

9 contractors, and SWP contractors with water 

10 delivery contractors on the CVP and SWP. 

11 (b) REPORT TO CONGRESS.—The Commissioner of 

12 Reclamation shall provide a report described in subsection 

13 (a) to the House Committee on Natural Resources and 

14 the Senate Committee on Energy and Natural Resources 

15 upon its completion. 

16 SEC. 303. CONSERVATION FISH HATCHERIES. 

17 Section 4010(b)(5) of the Water Infrastructure Im18 provements for the Nation Act (Public Law 114–322) is 

19 amended by adding at the end the following: 

20 ‘‘(D) SEMI-ANNUAL REPORT.—The Sec21 retary of the Interior and the Secretary of 

22 Commerce shall submit to the Committee on 

23 Natural Resources of the House of Representa24 tives and Committee on Energy and Natural 

25 Resources of the Senate semi-annual reports 


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1 that detail activities carried out under this 

2 paragraph.’’. 

3 SEC. 304. STORAGE; DURATION. 

4 (a) STORAGE.—Section 4007 of the Water Infra5 structure Improvements for the Nation Act (Public Law 

6 114–322) is amended— 

7 (1) in subsection (b)(1), by striking ‘‘or any 

8 public agency organized pursuant to State law’’ and 

9 inserting ‘‘any public agency organized pursuant to 

10 State law, or any stakeholder’’; and 

11 (2) in subsection (i), by striking ‘‘January 1, 

12 2021’’ and inserting ‘‘January 1, 2028’’. 

13 (b) DURATION.—Section 4013 of the Water Infra14 structure Improvements for the Nation Act (Public Law 

15 114–322) is amended— 

16 (1) in paragraph (1), by striking ‘‘and’’; 

17 (2) by redesignating paragraph (2) as para18 graph (3); and 

19 (3) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) section 4007, which (except as provided in 

22 paragraph (3)), shall expire on December 31, 2028; 

23 and’’. 


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1 SEC. 305. SHASTA DAM ENLARGEMENT. 

2 (a) FUNDING.—In accordance with section 4007 of 

3 the Water Infrastructure Improvements for the Nation 

4 Act (Public Law 114–322), and as recommended by the 

5 Secretary in letters dated February 13, 2019; June 22, 

6 2020; and December 3, 2020; funds made available in the 

7 Water and Related Resources account for the Bureau Rec8 lamation in Acts of appropriation for fiscal years 2017, 

9 2018, 2019, 2020, and 2021 shall be made available to 

10 the Shasta Dam and Reservoir Enlargement Project. 

11 (b) CLARIFICATION.—No provision of State law shall 

12 preclude or otherwise prevent any public water agency, in13 cluding a public agency of the State, that contracts for 

14 the delivery of CVP water from assisting or cooperating 

15 with, whether by loan, grant, license, or otherwise, the 

16 planning and construction of any project undertaken by 

17 the Bureau of Reclamation to enlarge Shasta Dam. 

18 TITLE IV—CVPIA ACTIONS 

19 SEC. 401. CVPIA RESTORATION ACTIONS. 

20 (a) REFUGE WATER SUPPLY PROGRAM.—Not later 

21 than two years after the date of enactment of this Act, 

22 the Secretary of the Interior shall complete the refuge 

23 water supply program under section 3406(d) of the Cen24 tral Valley Project Improvement Act (title XXXIV of Pub25 lic Law 102–575; 106 Stat. 4722) and shall, within that 

26 two-year period, give priority to completing the refuge 


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1 water supply program when making funding decisions 

2 from the Central Valley Project Restoration Fund estab3 lished under section 3407 of the Central Valley Project 

4 Improvement Act (106 Stat. 4726), the Infrastructure In5 vestment and Jobs Act (Public Law 117–25), the Land 

6 and Water Conservation Fund Act (Public Law 88–578), 

7 and other sources of funding. 

8 (b) RESTORATION ACTIONS DEEMED COMPLETE.— 

9 Upon completion of the refuge water supply program pur10 suant to subsection (a), or September 30, 2025, whichever 

11 occurs first, the Secretary of the Interior shall deem com12 plete the fish, wildlife, and habitat mitigation and restora13 tion actions mandated under section 3406 of the Central 

14 Valley Project Improvement Act (title XXXIV of Public 

15 Law 102–575; 106 Stat. 4714). 

Æ 


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