WATER for California Act

Subjects: Water Resources Development, Agricultural conservation and pollution, California, Congressional oversight, Dams and canals, Endangered and threatened species, Fishes, Intergovernmental relations, Lakes and rivers, Public contracts and procurement, Water resources funding, Water storage, Water use and supply, Watersheds

Summary:  <p><b>Working to Advance Tangible and Effective Reforms for California Act or the WATER for California Act</b></p> <p>This bill addresses the operation of the Central Valley Project (CVP), a federal water project in California owned and operated by the Bureau of Reclamation, and the California State Water Project (SWP), which is operated jointly with the CVP.</p> <p>Specifically, the bill requires that Reclamation operate the CVP and SWP pursuant to a specified alternative to a proposed action in a final environmental impact statement and 2019 agency published Biological Opinions (BiOps). The bill also requires Reclamation and the Department of Commerce to submit a justification to Congress that meets certain requirements prior to requesting or completing a reinitiation of consultation that will result in new BiOps.</p> <p>This bill also requires Reclamation to allocate water to existing agricultural water service contractors within the CVP's Sacramento River Watershed based on the water year type (e.g., dry, wet). These allocations must not affect the United States' ability or obligations to deliver water under other designated contracts. </p> <p>Further, the bill repeals certain eligibility requirements for water infrastructure construction funding under the Infrastructure Investment and Jobs Act to make the Shasta Dam and Reservoir Enlargement Project in California eligible for funding. The bill also requires that Reclamation funds made available but not used for this project in previous appropriations years be made available to the project.</p> <p>Finally, the bill reauthorizes Reclamation's support for the construction or expansion of water storage projects.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 215 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 215

    To provide long-term water supply and regulatory reliability to 
          drought-stricken 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.

    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 ``Working to Advance Tangible and 
Effective Reforms for California Act'' or the ``WATER for California 
Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
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.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) CVP.--The term ``CVP'' means the Central Valley 
        Project.
            (2) CVP contractor.--The term ``CVP contractor'' means any 
        public water agency, water user organization, or person that 
        has entered into a contract with the United States for water 
        service from the CVP, whether in the form of a water service 
        contract, repayment contract, water rights settlement contract, 
        exchange contract, or refuge contract.
            (3) FWS biological opinion.--The term ``FWS Biological 
        Opinion'' means the United States Fish and Wildlife Service 
        ``Biological Opinion for the Reinitiation of Consultation on 
        the Coordinated Operations of the Central Valley Project and 
        State Water Project'' (Service File No. 08FBTD00-2019-F-0164) 
        signed on October 21, 2019.
            (4) NOAA biological opinion.--The term ``NOAA Biological 
        Opinion'' means the National Oceanic and Atmospheric 
        Administration Fisheries ``Biological Opinion on the Long-term 
        Operation of the Central Valley Project and the State Water 
        Project'' (Consultation Tracking Number: WCRO-2016-00069) 
        signed on October 21, 2019.
            (5) Preferred alternative.--The term ``Preferred 
        Alternative'' means the Alternative 1 (Preferred Alternative), 
        as described in the Final Environmental Impact Statement on the 
        Reinitiation of Consultation on the Coordinated Long-Term 
        Operation of the Central Valley Project and the State Water 
        Project, issued by the Bureau of Reclamation, and dated 
        December 2019.
            (6) SWP.--The term ``SWP'' means the California State Water 
        Project.
            (7) SWP contractor.--The term ``SWP contractor'' means a 
        public agency that has entered into a long-term water supply 
        contract with the California Department of Water Resources for 
        water service from the SWP.

                    TITLE I--CVP AND SWP OPERATIONS

SEC. 101. OPERATION OF THE CVP AND SWP.

    (a) Congressional Direction Regarding CVP and SWP Operations.--The 
CVP and the SWP shall be operated in accordance with the Preferred 
Alternative and FWS Biological Opinion and NOAA Biological Opinion.
    (b) Application of Laws and Regulations to Others.--Operation of 
the CVP and SWP shall proceed pursuant to subsection (a) except to the 
extent changes to operations are undertaken pursuant to one or more 
agreements, which are voluntarily entered into, approved, and 
implemented by CVP contractors, for operations of the CVP, and SWP 
contractors, for operations of the SWP, with all applicable Federal 
departments and the State of California, including any agency or board 
of the State of California.
    (c) Costs.--No cost, including water supply, financial, mitigation-
related, or otherwise, associated with the implementation of any 
agreement under subsection (b) shall be imposed by any Federal 
department or agency or the State of California, including any agency 
or board of the State of California, directly or indirectly on any CVP 
contractor, SWP contractor, or any other person or entity, unless such 
costs are incurred on a voluntary basis.
    (d) Endangered Species Act.--Notwithstanding subsection (b), 
implementation of subsection (a) shall not conflict with the FWS 
Biological Opinion and the NOAA Biological Opinion.
    (e) Native Species Protection.--The State of California shall not 
impose any bag, catch, or size restriction or limit on the take or 
harvest of striped bass or any species of black bass, including 
largemouth bass, smallmouth bass, and spotted bass, that occupy the 
Sacramento-San Joaquin Rivers Delta or its tributaries.

SEC. 102. OPERATIONS AND REVIEWS.

    In carrying out section 101(a), the Secretary of the Interior and 
the Secretary of Commerce shall implement their statutory authorities 
in a manner that improves water supply reliability and enables the CVP 
and SWP to provide the maximum quantity of water supplies practicable 
to CVP agricultural, municipal, and industrial contractors, water 
service or repayment contractors, water rights settlement contractors, 
exchange contractors, refuge contractors, and SWP contractors, in 
accordance with the Preferred Alternative, NOAA Biological Opinion, and 
FWS Biological Opinion.

SEC. 103. APPLICATION OF STATE LAWS.

    (a) Reduced Water Supply.--If, as a result of the application of 
applicable State law or regulation, the State of California (including 
any agency or board of the State of California) alters operation of the 
SWP in a manner that directly or indirectly results in reduced water 
supply to the SWP as compared with the water supply available under the 
Preferred Alternative, and as a result, CVP yield is greater than it 
otherwise would have been under the Preferred Alternative, then that 
additional yield shall be made available to the SWP for delivery to SWP 
Contractors to offset that reduced water supply. If it is necessary to 
reduce water supplies for any authorized uses of the CVP or CVP 
Contractors to make available to the SWP that additional yield, such 
reductions shall be applied proportionately to those authorized uses or 
CVP contractors that benefit from that increased yield.
    (b) No Restriction of Certain Water Rights.--The State of 
California (including any agency or board of the State of California) 
shall not restrict the exercise of any water right obtained pursuant to 
State law, including but not limited to a pre-1914 appropriative right 
or riparian right in order to offset any impact resulting from the 
implementation of this title on any species affected by operations of 
the CVP or the SWP.

SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPINION AND FWS BIOLOGICAL 
              OPINION.

    (a) Requirement for Reconsultation.--
            (1) Requirement.--Neither the Secretary of the Interior, 
        acting through the Commissioner of Reclamation, nor the 
        Secretary of Commerce or their designees shall commence, 
        complete, or request reinitiation of consultation on the 
        coordinated long-term operation of the Central Valley Project 
        and the State Water Project that will result in changes to or 
        the replacement of the documents listed in paragraph (2) 
        unless--
                    (A) more than 75 percent of California has 
                experienced 4 consecutive years of D3 or D4 level 
                drought, as defined by the U.S. Drought Monitor;
                    (B) the Commissioner of Reclamation identifies one 
                specific factor or combination of factors under section 
                402.16 of title 50, Code of Federal Regulations; and
                    (C) not fewer than 120 days before officially 
                commencing or requesting reinitiation, the Secretary of 
                the Interior notifies the Committee on Natural 
                Resources of the House of Representatives and Committee 
                on Energy and Natural Resources of the Senate, in 
                writing, of--
                            (i) the intent to commence or request 
                        reinitiation under this section; and
                            (ii) the detailed justification for the 
                        identification of the specific factor or 
                        combination of factors under section 402.16 of 
                        title 50, Code of Federal Regulations, that was 
                        identified to satisfy the requirement in 
                        subparagraph (B).
            (2) Documents.--The documents referred to in paragraph (1) 
        are the following:
                    (A) The FWS Biological Opinion.
                    (B) The NOAA Biological Opinion.
                    (C) The Record of Decision for the Reinitiation of 
                Consultation on the Coordinated Long-Term Modified 
                Operations of the Central Valley Project and State 
                Water Project, signed on February 18, 2020.
    (b) Applicable Procedures and Review.--For the purposes of this 
Act, before reinitiating consultation on the Long-Term Operation of the 
CVP and SWP, a request by the Secretary of the Interior, the Secretary 
of the Commerce, or any other Federal employee, to reinitiate 
consultation shall be made in writing and considered a rule under 
section 551 of title 5, United States Code, and subject to the 
requirements of sections 801 through 808 of that title.
    (c) Cooperation.--In implementing this section, the Secretary of 
the Interior and the Secretary of Commerce shall comply with 
requirements included in section 4004 of Public Law 114-322.
    (d) Exclusion.--Notwithstanding subsection (b), in implementing 
this section, section 801(b)(2) of title 5, United States Code, shall 
not apply.

SEC. 105. SUNSET.

    Sections 101 through 104 shall have no force or effect on and after 
the date that is 7 years after the date of the enactment of this Act.

SEC. 106. CONSULTATION ON COORDINATED OPERATIONS.

    The Water Infrastructure Improvements for the Nation Act (Public 
Law 114-322) is amended--
            (1) in section 4004(a)--
                    (A) in paragraph (1), by inserting ``or proposed 
                action'' after ``biological assessment,'';
                    (B) in paragraph (2), by inserting ``or proposed 
                action'' after ``biological assessment,'';
                    (C) by redesignating paragraphs (3) through (6) as 
                paragraphs (4) through (7), respectively;
                    (D) after paragraph (2), by inserting the following 
                new paragraph:
            ``(3) receive a copy of the proposed action and have the 
        opportunity to review that document and provide comment to the 
        action agency, which comments shall be afforded due 
        consideration during development;''; and
                    (E) in paragraph (7), as redesignated by 
                subparagraph (C) of this paragraph--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``action agency proposes a 
                        proposed action or'' before ``the consulting 
                        agency'';
                            (ii) in subparagraph (A), by inserting 
                        ``proposed action or'' before ``alternative 
                        will''; and
                            (iii) in subparagraph (B), by striking 
                        ``alternative actions'' and insert ``actions or 
                        alternatives''; and
            (2) in section 4013, by deleting ``section 4004, which 
        shall expire 10 years after the date of its enactment;'' and 
        inserting ``section 4004, which shall expire on December 16, 
        2033;''.

        TITLE II--ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS

SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
            (1) The term ``existing CVP agricultural water service or 
        repayment contractor within the Sacramento River Watershed'' 
        means any water service or repayment contractor within the 
        Shasta, Trinity, or Sacramento River division of the CVP that 
        has in effect a water service or repayment contract on the date 
        of enactment of this title that provides water for irrigation.
            (2) The terms ``Above Normal'', ``Below Normal'', ``Dry'', 
        and ``Wet'', with respect to a year, have the meanings given 
        those terms in the Sacramento Valley Water Year Type (40-30-30) 
        Index.

SEC. 202. ALLOCATIONS OF WATER.

    Subject to section 203, and notwithstanding any changes to 
operations of the CVP or SWP voluntarily agreed to, approved, and 
implemented by CVP contractors, the Secretary of the Interior shall 
make every reasonable effort in the operation of the CVP to allocate 
water provided for irrigation purposes to each existing CVP 
agricultural water service contractor within the Sacramento River 
Watershed in accordance with the following:
            (1) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Wet year.
            (2) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in an Above Normal year.
            (3) Not less than 100 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Below Normal year that is 
        preceded by an Above Normal or Wet year.
            (4) Not less than 50 percent of the contract quantity of 
        the existing CVP agricultural water service contractor within 
        the Sacramento River Watershed in a Dry year that is preceded 
        by a Below Normal, Above Normal, or Wet year.
            (5) In any other year not identified in any subsections (a) 
        through (d), not less than twice the allocation percentage to 
        south-of-Delta CVP agricultural water service contractors, up 
        to 100 percent.

SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND INDUSTRIAL AND OTHER 
              CONTRACTORS.

    Nothing in section 202 shall--
            (1) adversely affect any protections for the environment, 
        including the obligation of the Secretary of the Interior to 
        make water available to managed wetlands pursuant to section 
        3406(d) of the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575; 106 Stat. 4722);
            (2) adversely affect any obligation of the Secretary of the 
        Interior or the Secretary of Commerce under the FWS Biological 
        Opinion or the NOAA Biological Opinion;
            (3) modify any provision of a water service contract that 
        addresses municipal or industrial water shortage policies of 
        the Secretary of the Interior;
            (4) affect or limit the authority of the Secretary of the 
        Interior to adopt or modify municipal and industrial water 
        shortage policies;
            (5) constrain, govern, or affect, directly or indirectly, 
        the operations of the American River division of the CVP or any 
        deliveries from that division or a unit or facility of that 
        division; or
            (6) affect any allocation to a CVP municipal or industrial 
        water service contractor by increasing or decreasing 
        allocations to the contractor, as compared to the allocation 
        the contractor would have received absent section 202.

SEC. 204. OTHER CONTRACTORS.

    Nothing in section 202 shall--
            (1) affect the priority of any individual or entity with a 
        Sacramento River settlement contract over water service or 
        repayment contractors;
            (2) affect the United States ability to deliver water to 
        the San Joaquin River exchange contractors from the Sacramento 
        River and the Delta via the Delta-Mendota Canal or modify or 
        amend the rights and obligations under the Purchase Contract 
        between Miller and Lux and the United States and the Second 
        Amended Exchange Contract between the United States, Department 
        of the Interior, Bureau of Reclamation and Central California 
        Irrigation District, San Luis Canal Company, Firebaugh Canal 
        Water District and Columbia Canal Company;
            (3) affect the allocation of water to Friant division 
        contractors of the CVP;
            (4) result in the involuntary reduction in contract water 
        allocations to individuals or entities with contracts to 
        receive water from the Friant division;
            (5) result in the involuntary reduction in water 
        allocations to refuge contractors; or
            (6) authorize any actions inconsistent with State water 
        rights law.

                       TITLE III--INFRASTRUCTURE

SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT.

    Section 40902(a)(2) of the Infrastructure Investment and Jobs Act 
(Public Law 117-58) is amended--
            (1) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by striking 
                ``this Act, except for any project for which--'' and 
                inserting ``this Act; or''; and
                    (B) by striking clauses (i) and (ii); and
            (2) in subparagraph (C), by striking ``(except that 
        projects described in clauses (i) and (ii) of subparagraph (B) 
        shall not be eligible)''.

SEC. 302. WATER SUPPLY PLAN; PROJECTS.

    (a) Plan.--Not later than 180 days after the date of the enactment 
of this Act, the Commissioner of Reclamation shall develop a water 
deficit report, which shall identify--
            (1) projected water supply shortages in the State of 
        California for irrigation water service, municipal and 
        industrial water service, water supply for wildlife refuges 
        supplied by the CVP or the SWP; and
            (2) infrastructure projects or actions which, if taken, 
        would--
                    (A) significantly reduce or eliminate the projected 
                water supply shortage; or
                    (B) fulfill water allocations consistent with 
                agricultural, municipal and industrial contractors, 
                water service or repayment contractors, water rights 
                settlement contractors, exchange contractors, and SWP 
                contractors with water delivery contractors on the CVP 
                and SWP.
    (b) Report to Congress.--The Commissioner of Reclamation shall 
provide a report described in subsection (a) to the House Committee on 
Natural Resources and the Senate Committee on Energy and Natural 
Resources upon its completion.

SEC. 303. CONSERVATION FISH HATCHERIES.

    Section 4010(b)(5) of the Water Infrastructure Improvements for the 
Nation Act (Public Law 114-322) is amended by adding at the end the 
following:
                    ``(D) Semi-annual report.--The Secretary of the 
                Interior and the Secretary of Commerce shall submit to 
                the Committee on Natural Resources of the House of 
                Representatives and Committee on Energy and Natural 
                Resources of the Senate semi-annual reports that detail 
                activities carried out under this paragraph.''.

SEC. 304. STORAGE; DURATION.

    (a) Storage.--Section 4007 of the Water Infrastructure Improvements 
for the Nation Act (Public Law 114-322) is amended--
            (1) in subsection (b)(1), by striking ``or any public 
        agency organized pursuant to State law'' and inserting ``any 
        public agency organized pursuant to State law, or any 
        stakeholder''; and
            (2) in subsection (i), by striking ``January 1, 2021'' and 
        inserting ``January 1, 2028''.
    (b) Duration.--Section 4013 of the Water Infrastructure 
Improvements for the Nation Act (Public Law 114-322) is amended--
            (1) in paragraph (1), by striking ``and'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) section 4007, which (except as provided in paragraph 
        (3)), shall expire on December 31, 2028; and''.

SEC. 305. SHASTA DAM ENLARGEMENT.

    (a) Funding.--In accordance with section 4007 of the Water 
Infrastructure Improvements for the Nation Act (Public Law 114-322), 
and as recommended by the Secretary in letters dated February 13, 2019; 
June 22, 2020; and December 3, 2020; funds made available in the Water 
and Related Resources account for the Bureau Reclamation in Acts of 
appropriation for fiscal years 2017, 2018, 2019, 2020, and 2021 shall 
be made available to the Shasta Dam and Reservoir Enlargement Project.
    (b) Clarification.--No provision of State law shall preclude or 
otherwise prevent any public water agency, including a public agency of 
the State, that contracts for the delivery of CVP water from assisting 
or cooperating with, whether by loan, grant, license, or otherwise, the 
planning and construction of any project undertaken by the Bureau of 
Reclamation to enlarge Shasta Dam.

                        TITLE IV--CVPIA ACTIONS

SEC. 401. CVPIA RESTORATION ACTIONS.

    (a) Refuge Water Supply Program.--Not later than two years after 
the date of enactment of this Act, the Secretary of the Interior shall 
complete the refuge water supply program under section 3406(d) of the 
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575; 106 Stat. 4722) and shall, within that two-year period, give 
priority to completing the refuge water supply program when making 
funding decisions from the Central Valley Project Restoration Fund 
established under section 3407 of the Central Valley Project 
Improvement Act (106 Stat. 4726), the Infrastructure Investment and 
Jobs Act (Public Law 117-25), the Land and Water Conservation Fund Act 
(Public Law 88-578), and other sources of funding.
    (b) Restoration Actions Deemed Complete.--Upon completion of the 
refuge water supply program pursuant to subsection (a), or September 
30, 2025, whichever occurs first, the Secretary of the Interior shall 
deem complete the fish, wildlife, and habitat mitigation and 
restoration actions mandated under section 3406 of the Central Valley 
Project Improvement Act (title XXXIV of Public Law 102-575; 106 Stat. 
4714).
                                 &lt;all&gt;
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