I 
111TH CONGRESS 
1ST SESSION 
H. R. 372 
To authorize implementation of the San Joaquin River Restoration 
Settlement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2009 
Mr. COSTA (for himself, Mr. CARDOZA, Mr. MCNERNEY, and Mr. RADANO-
VICH) introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To authorize implementation of the San Joaquin River 
Restoration Settlement, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
TITLE I—SAN JOAQUIN RIVER 
RESTORATION 
SETTLEMENT 
ACT 
SECTION 101. SHORT TITLE. 
This title may be cited as the ‘‘San Joaquin River 
Restoration Settlement Act’’. 
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the Settlement, provided, however, that the Sec-
retary shall not make or fund any such improve-
ments to facilities or property of the State of Cali-
fornia without the approval of the State of Cali-
fornia and the State’s agreement in 1 or more 
memoranda of understanding to participate where 
appropriate. 
(2) Modify Friant Dam operations so as to pro-
vide Restoration Flows and Interim Flows. 
(3) Acquire water, water rights, or options to 
acquire water as described in paragraph 13 of the 
Settlement, provided, however, such acquisitions 
shall only be made from willing sellers and not 
through eminent domain. 
(4) Implement the terms and conditions of 
paragraph 16 of the Settlement related to recircula-
tion, recapture, reuse, exchange, or transfer of water 
released for Restoration Flows or Interim Flows, for 
the purpose of accomplishing the Water Manage-
ment Goal of the Settlement, subject to— 
(A) applicable provisions of California 
water law; 
(B) the Secretary’s use of Central Valley 
Project facilities to make Project water (other 
than water released from Friant Dam pursuant 
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to the Settlement) and water acquired through 
transfers available to existing south-of-Delta 
Central Valley Project contractors; and 
(C) the Secretary’s performance of the 
Agreement of November 24, 1986, between the 
United States of America and the Department 
of Water Resources of the State of California 
for the coordinated operation of the Central 
Valley Project and the State Water Project as 
authorized by Congress in section 2(d) of the 
Act of August 26, 1937 (50 Stat. 850, 100 
Stat. 3051), including any agreement to resolve 
conflicts arising from said Agreement. 
(5) Develop and implement the Recovered 
Water Account as specified in paragraph 16(b) of 
the Settlement, including the pricing and payment 
crediting provisions described in paragraph 16(b)(3) 
of the Settlement, provided that all other provisions 
of Federal reclamation law shall remain applicable. 
(b) AGREEMENTS.— 
(1) AGREEMENTS WITH THE STATE.—In order 
to facilitate or expedite implementation of the Settle-
ment, the Secretary is authorized and directed to 
enter into appropriate agreements, including cost- 
sharing agreements, with the State of California. 
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(2) OTHER
AGREEMENTS.—The Secretary is 
authorized to enter into contracts, memoranda of 
understanding, financial assistance agreements, cost 
sharing agreements, and other appropriate agree-
ments with State, tribal, and local governmental 
agencies, and with private parties, including agree-
ments related to construction, improvement, and op-
eration and maintenance of facilities, subject to any 
terms and conditions that the Secretary deems nec-
essary to achieve the purposes of the Settlement. 
(c) ACCEPTANCE AND EXPENDITURE OF NON-FED-
ERAL FUNDS.—The Secretary is authorized to accept and 
expend non-Federal funds in order to facilitate implemen-
tation of the Settlement. 
(d) MITIGATION OF IMPACTS.—Prior to the imple-
mentation of decisions or agreements to construct, im-
prove, operate, or maintain facilities that the Secretary de-
termines are needed to implement the Settlement, the Sec-
retary shall identify— 
(1) the impacts associated with such actions; 
and 
(2) the measures which shall be implemented to 
mitigate impacts on adjacent and downstream water 
users and landowners. 
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(e) DESIGN AND ENGINEERING STUDIES.—The Sec-
retary is authorized to conduct any design or engineering 
studies that are necessary to implement the Settlement. 
(f) EFFECT ON CONTRACT WATER ALLOCATIONS.— 
Except as otherwise provided in this section, the imple-
mentation of the Settlement and the reintroduction of 
California Central Valley Spring Run Chinook salmon 
pursuant to the Settlement and section 111, shall not re-
sult in the involuntary reduction in contract water alloca-
tions to Central Valley Project long-term contractors, 
other than Friant Division long-term contractors. 
(g) EFFECT ON EXISTING WATER CONTRACTS.—Ex-
cept as provided in the Settlement and this title, nothing 
in this title shall modify or amend the rights and obliga-
tions of the parties to any existing water service, repay-
ment, purchase, or exchange contract. 
(h) INTERIM FLOWS.— 
(1) STUDY REQUIRED.—Prior to releasing any 
Interim Flows under the Settlement, the Secretary 
shall prepare an analysis in compliance with the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), including at a minimum— 
(A) an analysis of channel conveyance ca-
pacities and potential for levee or groundwater 
seepage; 
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(B) a description of the associated seepage 
monitoring program; 
(C) an evaluation of— 
(i) possible impacts associated with 
the release of Interim Flows; and 
(ii) mitigation measures for those im-
pacts that are determined to be significant; 
(D) a description of the associated flow 
monitoring program; and 
(E) an analysis of the likely Federal costs, 
if any, of any fish screens, fish bypass facilities, 
fish salvage facilities, and related operations on 
the San Joaquin River south of the confluence 
with the Merced River required under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) as a result of the Interim Flows. 
(2) CONDITIONS FOR RELEASE.—The Secretary 
is authorized to release Interim Flows to the extent 
that such flows would not— 
(A) impede or delay completion of the 
measures specified in Paragraph 11(a) of the 
Settlement; or 
(B) exceed existing downstream channel 
capacities. 
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