I 
116TH CONGRESS 
2D SESSION 
H. R. 8166 
To support surface and groundwater storage and supporting projects in 
Reclamation States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 4, 2020 
Mr. COX of California (for himself, Mr. COSTA, and Mr. GARAMENDI) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
A BILL 
To support surface and groundwater storage and supporting 
projects in Reclamation States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Western Water Stor-
age Infrastructure Act’’. 
SEC. 2. SURFACE AND GROUNDWATER STORAGE AND SUP-
PORTING PROJECTS. 
(a) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Appropriations of 
the House of Representatives; and 
(B) the Committee on Natural Resources 
of the House of Representatives. 
(C) the Committee on Appropriations of 
the Senate; 
(D) the Committee on Energy and Natural 
Resources of the Senate; 
(2) DESIGN; STUDY.—The terms ‘‘design’’ and 
‘‘study’’ include any design, permitting, materials 
engineering or testing, surveying, or preconstruction 
activity relating to a water storage facility. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) any State, political subdivision of a 
State, department of a State, or public agency 
organized pursuant to State law; 
(B) an Indian tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)) or an 
entity controlled by an Indian tribe; 
(C) a water users’ association; 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
(D) an agency established by an interstate 
compact; or 
(E) an agency established under State law 
for the joint exercise of powers. 
(4) FEDERALLY OWNED STORAGE PROJECT.— 
The term ‘‘federally owned storage project’’ means 
any project in a Reclamation State— 
(A) that involves the construction, expan-
sion, upgrade, or capital repair of— 
(i) a surface or groundwater storage 
facility; or 
(ii) a facility conveying water to or 
from surface or groundwater storage; 
(B) to which the United States holds title; 
and 
(C) that was authorized to be constructed, 
operated, and maintained pursuant to— 
(i) the Reclamation laws; or 
(ii) the Act of August 11, 1939 (com-
monly known as the ‘‘Water Conservation 
and Utilization Act’’) (16 U.S.C. 590y et 
seq.). 
(5) NON-FEDERAL
STORAGE
PROJECT.—The 
term ‘‘non-Federal storage project’’ means any facil-
ity or project in a Reclamation State that— 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
(A) involves the construction, expansion, 
upgrade, or capital repair by an eligible entity 
of— 
(i) a surface or groundwater storage 
project to which the United States does 
not hold title; or 
(ii) a facility conveying water to or 
from surface or groundwater storage to 
which the United States does not hold 
title; and 
(B) the construction, expansion, upgrade, 
or capital repair of such facility or project pro-
vides a Federal benefit in accordance with Rec-
lamation laws (including regulations). 
(6) RECLAMATION LAWS.—The term ‘‘Reclama-
tion laws’’ means Federal Reclamation law (the Act 
of June 17, 1902 (32 Stat. 388, chapter 1093), and 
Acts supplemental to and amendatory of that Act. 
(7) RECLAMATION
STATE.—The term ‘‘Rec-
lamation State’’ has the meaning given the term in 
section 4014 of the Water Infrastructure Improve-
ments for the Nation Act (43 U.S.C. 390b note; 
Public Law 114–322). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
(b) GRANT PROGRAM.—The Secretary may provide 
a grant under this section to an eligible entity to carry 
out, within a Reclamation State— 
(1) a federally owned storage project in accord-
ance with subsection (c); or 
(2) a non-Federal storage project in accordance 
with subsection (d). 
(c) FEDERALLY OWNED STORAGE PROJECTS.— 
(1) IN GENERAL.—Subject to the requirements 
of this section, on request of an eligible entity, the 
Secretary may negotiate and enter into an agree-
ment on behalf of the United States for the design, 
study, construction, expansion, upgrade, or capital 
repair of a federally owned storage project in an 
amount equal to not more than 50 percent of the 
total cost of the federally owned storage project. 
(2) CONDITIONS FOR FEDERAL CONSTRUCTION 
FUNDING.—The construction of a federally owned 
storage project that is the subject of an agreement 
under this section shall not commence until the Sec-
retary— 
(A) determines that— 
(i) the federally owned storage project 
is feasible in accordance with the Reclama-
tion laws; 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
(ii) 
the 
federally 
owned 
storage 
project provides a Federal benefit in ac-
cordance with the Reclamation laws; and 
(iii) in return for the Federal cost- 
share investment, not less than a propor-
tionate share of the benefits of the feder-
ally owned storage project are Federal ben-
efits, including water supplies dedicated to 
specific purposes, such as water quality im-
provements or fish and wildlife protection 
and restoration, including a wildlife refuge; 
and 
(B) secures an agreement providing such 
funding as is necessary to pay the non-Federal 
share of the capital costs of the federally owned 
storage project. 
(3) NOTIFICATION.—The Secretary shall sub-
mit to the appropriate committees of Congress a 
written notification that an agreement that satisfies 
the requirements in paragraph (2)(B) has been se-
cured not later than 30 days after the agreement is 
secured. 
(4) EXPANSION OR UPGRADE.—The Secretary 
shall require, as a condition for design, study, or any 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
other participation in the expansion or upgrade of a 
federally owned storage project, the agreement of— 
(A) if applicable, any entity that has an 
existing water service contract or repayment 
contract for more than 60 percent of the capac-
ity or yield of the federally owned storage 
project, that the expansion will not adversely af-
fect any right or interest of the entity under the 
water service contract or repayment contract, 
as applicable; and 
(B) if applicable, a non-Federal entity 
that, pursuant to a formal operations and main-
tenance transfer contract or other legal agree-
ment with the Secretary carries out the oper-
ations and maintenance of the federally owned 
storage project. 
(d) NON-FEDERAL STORAGE PROJECTS.— 
(1) IN GENERAL.—Subject to the requirements 
of this section, the Secretary may participate in the 
design, study, construction, expansion, upgrade, or 
capital repair of a non-Federal storage project in an 
amount equal to not more than 25 percent of the 
total cost of the non-Federal storage project. 
(2) CONDITIONS
FOR
FEDERAL
DESIGN
AND 
STUDY FUNDING.—The Secretary shall only partici-
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
pate in the design or study of a non-Federal storage 
project under this section if— 
(A) the Governor, political subdivision, de-
partment, or public agency of the State in 
which the non-Federal storage project is located 
supports Federal funding of the non-Federal 
storage project; and 
(B) the Secretary has identified the poten-
tial for Federal benefit sufficient to proceed. 
(3) CONDITIONS FOR FEDERAL CONSTRUCTION, 
EXPANSION, UPGRADE, OR CAPITAL REPAIR FUND-
ING.—Participation by the Secretary in the con-
struction, expansion, upgrade, or capital repair of a 
non-Federal storage project under this section shall 
be by negotiated agreement between the United 
States and the applicable non-Federal entity, and 
shall not occur unless— 
(A) the Governor, political subdivision, de-
partment, or public agency of the State in 
which the non-Federal storage project is located 
supports Federal funding for the project; and 
(B) the applicable eligible entity deter-
mines, and the Secretary concurs, that— 
(i) the non-Federal storage project is 
technically and financially feasible in ac-
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
cordance with guidelines established by the 
Secretary; 
(ii) the non-Federal storage project 
provides a Federal benefit in accordance 
with the Reclamation laws; 
(iii) in return for the Federal cost- 
share investment, not less than a propor-
tionate share of the benefits of the non- 
Federal storage project are Federal bene-
fits, including water supplies dedicated to 
specific purposes, such as water quality im-
provements or fish and wildlife protection 
and restoration, including a wildlife refuge; 
and 
(iv) each entity participating in the 
non-Federal project is financially capable 
of funding its proportionate share of the 
non-Federal share of the project costs. 
(C) Not less than $10,000,000 of the fund-
ing identified in subsection (g) shall be allo-
cated to non-Federal storage projects that fur-
ther the Department of the Interior’s priority of 
sustainably developing natural resources and 
are— 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
(i) included in the Bureau of Rec-
lamation’s 2015 Water Management Goal 
Investment Strategy Final Report; 
(ii) capable of providing water to a 
Federal wildlife refuge; 
(iii) equipped with an approved fish 
screen; and 
(iv) have both conveyance and recir-
culation benefits. 
(4) NOTIFICATION.—The Secretary shall sub-
mit to the appropriate committees of Congress a 
written notification that an agreement that satisfies 
the requirements in paragraph (2) has been secured 
not later than 30 days after the agreement is se-
cured.). 
(5) INFORMATION.— 
(A) IN GENERAL.—In participating in a 
non-Federal storage project under this section, 
the Secretary— 
(i) shall— 
(I) generally, rely on reports pre-
pared by an eligible entity partici-
pating in the non-Federal storage 
project, including feasibility or equiva-
lent studies, environmental analyses, 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
and other pertinent reports and anal-
yses; but 
(II) retain responsibility for mak-
ing the independent determinations 
described in paragraphs (2) and (3); 
and 
(ii) may prepare studies supple-
mentary to the studies described in clause 
(i)(I), on request of the eligible entity par-
ticipating in the non-Federal storage 
project. 
(B) GUIDELINES.— 
(i) DRAFT
GUIDELINES.—Not later 
than 180 days after the date of the enact-
ment of this Act, the Secretary shall issue 
draft guidelines for determining whether a 
non-Federal storage project is financially 
feasible. The guidelines shall be consistent 
with and meet the requirements in title 
XVI of Public Law 102–575 for a feasi-
bility study report, including the economic 
analysis contained in the Reclamation 
Manual Directive & Standard Title XVI 
Water Reclamation and Reuse Program 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
Feasibility Study Review Process (WTR 
11–01), subject to— 
(I) any additional requirements 
necessary to provide sufficient infor-
mation for making the independent 
determinations described in para-
graphs (2) and (3); and 
(II) the condition that the Bu-
reau of Reclamation shall not bear re-
sponsibility for the technical adequacy 
of any design, study, cost estimate, 
construction, expansion, upgrade, or 
capital repair relating to a non-Fed-
eral storage project. 
(ii) FINAL
GUIDELINES.—Not later 
than 1 year after the date of the enact-
ment of this Act, the Secretary shall final-
ize the guidelines issued under clause (i). 
(e) RIGHTS TO USE CAPACITY.— 
(1) FEDERALLY OWNED STORAGE PROJECT.— 
The right to use the capacity of a federally owned 
storage project that was designed, studied, con-
structed, expanded, upgraded, or repaired under this 
Act shall be allocated in such manner as may be mu-
tually agreed to by the Secretary and the party or 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
parties to the agreement executed pursuant to sub-
section (c)(1). 
(2) NON-FEDERAL
STORAGE
PROJECT.—The 
right to use the capacity of a non-Federal storage 
project that was designed, studied, constructed, ex-
panded, upgraded, or repaired under this Act shall 
be allocated in such manner as may be mutually 
agreed to by the Secretary and the relevant eligible 
entity or entities. 
(f) FEDERAL BENEFITS.—In making a determina-
tion relating to Federal benefits under this Act, the Sec-
retary may consider any benefit realized from the exist-
ence of operational flexibility to optimize the achievement 
of any authorized project purpose (whether reimbursable 
or nonreimbursable), including through the coordinated 
management of Federal and non-Federal facilities. 
(g) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this section $800,000,000 for the 
period of fiscal years 2021 through 2025. 
(2) CONGRESSIONAL APPROVAL INITIALLY RE-
QUIRED.— 
(A) DESIGN AND STUDY FUNDING.—A fed-
erally owned storage project or a non-Federal 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
(A) DESIGN AND STUDY FUNDING.—After 
a federally owned storage project or a non-Fed-
eral storage project receives an initial award of 
design or study funding under paragraph (2), 
additional design or study funding for that 
project shall not be subject to paragraph (2). 
(B) CONSTRUCTION
FUNDING.—After a 
federally owned storage project or a non-Fed-
eral storage project receives an initial award of 
construction funding under paragraph (2), ad-
ditional construction funding for that project 
shall not be subject to paragraph (2). 
(4) PRELIMINARY STUDIES.—Of the amounts 
made available under paragraph (1), not more than 
25 percent shall be provided for appraisal studies, 
feasibility studies, or other preliminary studies. 
(5) WIIN ACT STORAGE FUNDING.— 
(A) 
APPROPRIATIONS.—Each 
federally 
owned storage project and non-Federal storage 
project shall be eligible to receive any amounts 
made available pursuant to section 4007(h) of 
the Water Infrastructure Improvements for the 
Nation Act (43 U.S.C. 390b note; Public Law 
114–322) (as in effect on the day before the 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
date of the enactment of this Act), in accord-
ance with paragraphs (2) and (3). 
(B) INDIVIDUAL PROJECTS.— 
(i) 
FEDERALLY
OWNED
STORAGE 
PROJECTS.—If the Secretary determines 
that a federally owned storage project is el-
igible for funding under section 4007(b) of 
the Water Infrastructure Improvements for 
the Nation Act (43 U.S.C. 390b note; Pub-
lic Law 114–322), the federally owned 
storage project shall remain eligible for 
funding under subsection (c). 
(ii) 
NON-FEDERAL
STORAGE 
PROJECTS.—If the Secretary determines 
that a non-Federal storage project is eligi-
ble for funding as a State-led storage 
project under section 4007(c) the Water 
Infrastructure Improvements for the Na-
tion Act (43 U.S.C. 390b note; Public Law 
114–322), the non-Federal storage project 
shall remain eligible for funding under sub-
section (d). 
(h) CONSISTENCY WITH STATE LAW.—Nothing in 
this section preempts or modifies any obligation of the 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
United States or an eligible entity to act in accordance 
with applicable State law. 
SEC. 3. DELTA OPERATIONS. 
Section 4013 of the Water Infrastructure Improve-
ments for the Nation Act (130 Stat. 1883) is amended— 
(1) in the first sentence, by striking ‘‘5’’ and 
inserting ‘‘13’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘10’’ and inserting ‘‘18’’; 
and 
(B) by striking ‘‘and’’ at the end; and 
(3) in paragraph (2), by inserting ‘‘; and (3) 
section 4007, which shall expire 5 years after the 
date of its enactment’’ before the final period. 
SEC. 4. CALFED. 
(a) PARTNERSHIP AND AGREEMENTS RELATING TO 
CERTAIN WATER STORAGE PROJECTS.—The Secretary of 
the Interior may enter into a partnership or other agree-
ment relating to a water storage project described in sec-
tion 103 of the Calfed Bay-Delta Authorization Act (Pub-
lic Law 108–361; 118 Stat. 1683) with a local joint-pow-
ers authority established pursuant to State law by 1 or 
more irrigation districts or other local water districts or 
units of local government within the applicable hydrologic 
region, to advance the project. 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS
(b) REAUTHORIZATION.—Title I of the Calfed Bay- 
Delta Authorization Act (Public Law 108–361; 118 Stat. 
1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312; 129 
Stat. 2407; 130 Stat. 1866) is amended by striking 
‘‘2020’’ each place it appears and inserting ‘‘2024’’. 
SEC. 5. SAVINGS CLAUSE. 
Nothing in this Act or an amendment made by this 
Act shall be interpreted or implemented in a manner 
that— 
(1) preempts or modifies any obligation of the 
United States or an eligible entity under Federal law 
to act in accordance with applicable State law, in-
cluding applicable State water law; or 
(2) affects or modifies any obligation under ap-
plicable Federal environmental law. 
Æ 
VerDate Sep 11 2014 
03:29 Sep 07, 2020
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6301
E:\BILLS\H8166.IH
H8166
pbinns on DSKJLVW7X2PROD with BILLS