Protect Our Water Rights Act

Subjects: Water Resources Development

Summary:  <p><b>Protect Our Water Rights Act</b></p> <p>This bill requires the Bureau of Reclamation to modify the operation of water service contracts for the Central Valley Project (CVP) in California and the Klamath River Basin Reclamation Project in California and Oregon.</p> <p>Reclamation owns and operates the CVP, a federal water project consisting of a network of dams, reservoirs, and other facilities. CVP water is delivered to users that have contracts with Reclamation, but dry conditions have resulted in Reclamation reducing the water allocations for contracted water supplies.</p> <p>This bill requires Reclamation to allocate to existing agricultural water service contractors within the CVP's Sacramento River Watershed (1) 100% of the contracted amount of water in a <i>wet</i> or<i> above normal</i> year, (2) not less than 75% of the contracted amount in a<i> below normal </i>year, and (3) not less than 50% of the contracted amount in a <i>dry</i> or<i> critically dry</i> year.</p> <p>Reclamation must hold at least one in-person field hearing in each county where a CVP water service contractor is located in the period between the project's initial water allocation and final water allocation announcement.</p> <p>The bill modifies the share of operation and maintenance costs paid by CVP water service contractors.</p> <p>Reclamation must also operate the Klamath River Basin Reclamation Project, a similar federal water project, so that all of the water in Upper Klamath Lake above a certain elevation is solely for agricultural and refuge purposes. Reclamation must conduct these operations in a manner that maximizes water storage in the lake, to the extent practicable.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 289 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 289

To update requirements for the operation of the Central Valley Project 
     and Klamath River Basin Reclamation Project by the Bureau of 
                              Reclamation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 11, 2023

 Mr. LaMalfa introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To update requirements for the operation of the Central Valley Project 
     and Klamath River Basin Reclamation Project by the Bureau of 
                              Reclamation.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Water Rights Act''.

SEC. 2. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.

    (a) Allocations; Conditions.--
            (1) Allocations.--
                    (A) In general.--The Secretary of the Interior, 
                acting through the Bureau of Reclamation (in this Act, 
                referred to as the ``Secretary'') is directed, in the 
                operation of the Central Valley Project, to allocate 
                water provided for irrigation purposes to existing 
                Central Valley Project agricultural water service 
                contractors within the Sacramento River Watershed in 
                compliance with the following:
                            (i) Not less than 100 percent of their 
                        contract quantities in a ``Wet'' year.
                            (ii) Not less than 100 percent of their 
                        contract quantities in an ``Above Normal'' 
                        year.
                            (iii) Not less than 75 percent of their 
                        contract quantities in a ``Below Normal'' year.
                            (iv) Not less than 50 percent of their 
                        contract quantities in a ``Dry'' year.
                            (v) Not less than 50 percent of their 
                        contract quantities in a ``Critically Dry'' 
                        year.
                            (vi) In all years not identified in 
                        subparagraphs (A) through (E), the allocation 
                        percentage for existing Central Valley Project 
                        agricultural water service contractors within 
                        the Sacramento River Watershed shall not be 
                        less than (but may be more than) twice the 
                        allocation percentage to south-of-Delta Central 
                        Valley Project agricultural water service 
                        contractors, up to 100 percent.
                    (B) The year type terms.--The year type terms used 
                in subparagraph (A) have the meaning given those year 
                types in the Sacramento Valley Water Year Type (40-30-
                30) Index.
            (2) Conditions.--The Secretary's actions under paragraph 
        (1) shall be subject to--
                    (A) the priority of individuals or entities with 
                Sacramento River water rights, including those with 
                Sacramento River Settlement Contracts, that have 
                priority to the diversion and use of Sacramento River 
                water over water rights held by the United States for 
                operations of the Central Valley Project;
                    (B) the United States obligation to make a 
                substitute supply of water available to the San Joaquin 
                River Exchange Contractors; and
                    (C) the Secretary's obligation to make water 
                available to managed wetlands pursuant to section 
                3406(d) of the Central Valley Project Improvement Act, 
                (Public Law 102-575).
    (b) Protection of Municipal and Industrial Supplies.--Nothing in 
subsection (a) shall be deemed to--
            (1) modify any provision of a water service contract that 
        addresses municipal and industrial water shortage policies of 
        the Secretary;
            (2) affect or limit the authority of the Secretary to adopt 
        or modify municipal and industrial water shortage policies;
            (3) affect or limit the authority of the Secretary to 
        implement municipal and industrial water shortage policies; or
            (4) affect allocations to Central Valley Project municipal 
        and industrial contractors pursuant to such policies.
    (c) Protection of Operations and Deliveries.--Nothing in subsection 
(a) or the Secretary's implementation of subsection (a) shall 
constrain, govern, or affect, directly or indirectly, the operations of 
the Central Valley Project's American River Division or any deliveries 
from that Division, its units or facilities.
    (d) No Effect on Allocations.--Nothing in subsection (a) shall--
            (1) affect the allocation of water to Friant Division 
        contractors; or
            (2) result in the involuntary reduction in contract water 
        allocations to individuals or entities with contracts to 
        receive water from the Friant Division.
    (e) Term Defined.--In this section, the term ``existing Central 
Valley Project agricultural water service contractors within the 
Sacramento River Watershed'' means water service contractors within the 
Shasta, Trinity, and Sacramento River Divisions of the Central Valley 
Project, that have a water service contract in effect, on the date of 
the enactment of this section, that provides water for irrigation.

SEC. 3. ANNUAL ALLOCATION FIELD BRIEFINGS.

    The Secretary shall hold not less than 1 in-person field hearing 
each county where a Central Valley Project water service contractor is 
located during the period that is after the initial water allocations 
for the Central Valley Project and before the final water allocation 
announcement for the Central Valley Project.

SEC. 4. ADJUSTMENT OF COST REQUIREMENTS.

    The operation and maintenance costs required to be paid by Central 
Valley Project water contractors and the Bureau of Reclamation shall be 
reversed, such that--
            (1) the allocation percentage obligation held by the Bureau 
        of Reclamation on the day before the date of the enactment of 
        this Act shall be held by Central Valley Project water 
        contractors; and
            (2) the allocation percentage obligation held by the 
        Central Valley Project water contractors on the day before the 
        date of the enactment of this Act shall be held by the Bureau 
        of Reclamation.

SEC. 5. REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary shall submit to Congress a report that includes an 
account of amounts that irrigation districts and water user 
associations contracted with the Bureau of Reclamation for agricultural 
water deliveries owe to the Bureau of Reclamation related to debt 
incurred for construction of facilities and other aspects of the 
Klamath River Basin Reclamation Project.

SEC. 6. WATER OPERATIONS IN UPPER KLAMATH LAKE.

    When operating the Klamath River Basin Reclamation Project, the 
Secretary, in accordance with State-adjudicated water rights, shall--
            (1) operate all water in Upper Klamath Lake above elevation 
        4136.0 feet solely for agricultural and refuge purposes; and
            (2) to the extent practicable when operating all water in 
        Upper Klamath Lake in accordance with paragraph (1), maximize 
        storage in the Upper Klamath Lake.
                                 &lt;all&gt;
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