IB 
Union Calendar No. 751 
118TH CONGRESS 
2D SESSION 
H. R. 215 
[Report No. 118–919] 
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 Cali-
fornia, Mr. LAMALFA, Mr. MCCLINTOCK, Mr. OBERNOLTE, and Mrs. 
STEEL) introduced the following bill; which was referred to the Com-
mittee on Natural Resources 
DECEMBER 18, 2024 
Additional sponsor: Mr. FONG 
DECEMBER 18, 2024 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 9, 2023] 
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A BILL 
To provide long-term water supply and regulatory reliability 
to drought-stricken California, and for other purposes. 
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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 ‘‘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 opin-
ion. 
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. 
TITLE V—WATER SUPPLY PERMITTING COORDINATION ACT 
Sec. 501. Short title. 
Sec. 502. Definitions. 
Sec. 503. Establishment of lead agency and cooperating agencies. 
Sec. 504. Bureau responsibilities. 
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Sec. 505. Cooperating agency responsibilities. 
Sec. 506. Funding to process permits. 
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 con-
tractor’’ means any public water agency, water user 
organization, or person that has entered into a con-
tract with the United States for water service from 
the CVP, whether in the form of a water service con-
tract, 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 Re-
initiation of Consultation on the Coordinated Oper-
ations 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 Oce-
anic and Atmospheric Administration Fisheries ‘‘Bio-
logical Opinion on the Long-term Operation of the 
Central Valley Project and the State Water Project’’ 
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(Consultation Tracking Number: WCRO–2016–00069) 
signed on October 21, 2019. 
(5) PREFERRED ALTERNATIVE.—The term ‘‘Pre-
ferred 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 Cen-
tral Valley Project and the State Water Project, 
issued by the Bureau of Reclamation, and dated De-
cember 2019. 
(6) SWP.—The term ‘‘SWP’’ means the Cali-
fornia State Water Project. 
(7) SWP
CONTRACTOR.—The term ‘‘SWP con-
tractor’’ 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 oper-
ated, and reporting shall be done, in accordance with the 
Preferred Alternative and FWS Biological Opinion and 
NOAA Biological Opinion. 
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(b) EXCEPTIONS.—Operation of the CVP and SWP 
shall proceed pursuant to subsection (a) of this section, ex-
cept: 
(1) to the extent changes to operations are under-
taken 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 Cali-
fornia, including any agency or board of the State of 
California; or 
(2) to the extent changes in operations of the 
CVP, SWP, or both can be made while improving the 
supply of water available to CVP contractors, SWP 
contractors, or both. 
(c) COSTS.—No cost, including water supply, finan-
cial, mintigation-related, or otherwise, associated with the 
implementation of any agreement under subsection (b)(1) 
or the implementation of any reoperation under subsection 
(b)(2) shall be imposed by any Federal department or agen-
cy 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. 
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(d) NO REDIRECTED ADVERSE IMPACTS.—The Sec-
retary of the Interior and Secretary of Commerce shall not 
carry out any specific action authorized under the applica-
ble provisions of this title that would directly or through 
State agency action indirectly result in the involuntary re-
duction of water supply to an individual, district, or agen-
cy that has in effect a contract for water with the SWP 
or the CVP, including settlement, exchange, and refuge con-
tracts, and Friant Division contracts. 
(e) ENDANGERED SPECIES ACT.—Notwithstanding 
subsection (b), implementation of subsection (a) shall not 
conflict with the FWS Biological Opinion and the NOAA 
Biological Opinion. 
(f) NATIVE SPECIES PROTECTION.—The State of Cali-
fornia 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 
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CVP agricultural, municipal, and industrial contractors, 
water service or repayment contractors, water rights settle-
ment contractors, exchange contractors, refuge contractors, 
and SWP contractors, in accordance with the Preferred Al-
ternative, 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 Pre-
ferred 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 
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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 imple-
mentation of this title on any species affected by operations 
of the CVP or the SWP. 
(c) NO INVOLUNTARY WATER REDUCTION.—The State 
of California (including any agency or board of the State 
of California), the Secretary of the Interior and Secretary 
of Commerce shall not take any action related to operation 
of the CVP or SWP that would directly or indirectly result 
in the involuntary reduction of water supply to any CVP 
agricultural, municipal and industrial contractor, water 
service or repayment contractor, water rights settlement 
contractor, exchange contractor, refuge contractor or any 
SWP contractor, as compared to the water supply available 
under the Preferred Alternative; and nothing in this section 
is intended to modify, amend, or affect any of the rights 
and obligations of the parties to such contracts. 
SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPIN-
ION AND FWS BIOLOGICAL OPINION. 
(a) REQUIREMENT FOR RECONSULTATION.— 
(1) REQUIREMENT.—Unless action is taken pur-
suant to section 101(b), neither the Secretary of the 
Interior, acting through the Commissioner of the Bu-
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reau 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 the Bureau of Rec-
lamation identifies one specific factor or com-
bination 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 Sec-
retary of the Interior notifies the Committee on 
Natural Resources of the House of Representa-
tives and Committee on Energy and Natural Re-
sources 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 com-
bination of factors under section 402.16 of 
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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 Reiniti-
ation of Consultation on the Coordinated Long- 
Term Modified Operations of the Central Valley 
Project and State Water Project, signed on Feb-
ruary 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 sec-
tion 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 the Water Infrastructure Improvements for the Nation 
Act (Public Law 114–322). 
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(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 the matter preceding paragraph (1), 
strike ‘‘public water agency that contracts’’ and 
insert ‘‘contractor’’; 
(B) in paragraph (1), by inserting ‘‘or pro-
posed action’’ before the semicolon; 
(C) in paragraph (2), by inserting ‘‘or pro-
posed action’’ before the semicolon; 
(D) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (4) through (7), re-
spectively; 
(E) after paragraph (2), by inserting the 
following new paragraph: 
‘‘(3) receive a copy of the draft proposed action 
and have the opportunity to review that document 
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and provide comment to the action agency, which 
comments shall be afforded due consideration during 
development;’’; and 
(F) in paragraph (7), as redesignated by 
subparagraph (C) of this paragraph— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘action agency pro-
poses a proposed action or’’ before ‘‘the con-
sulting 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 enact-
ment;’’ and inserting ‘‘section 4004, which shall ex-
pire on December 16, 2033;’’. 
TITLE 
II—ALLOCATIONS 
FOR 
SACRAMENTO 
VALLEY 
CON-
TRACTORS 
SEC. 201. DEFINITIONS. 
In this title, the following definitions apply: 
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(1) The term ‘‘existing CVP agricultural water 
service or repayment contractor within the Sac-
ramento 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, 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 serv-
ice contractor within the Sacramento River Water-
shed in a Wet year. 
(2) Not less than 100 percent of the contract 
quantity of the existing CVP agricultural water serv-
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ice contractor within the Sacramento River Water-
shed in an Above Normal year. 
(3) Not less than 100 percent of the contract 
quantity of the existing CVP agricultural water serv-
ice contractor within the Sacramento River Water-
shed 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 serv-
ice contractor within the Sacramento River Water-
shed in a Dry year that is preceded by a Below Nor-
mal, Above Normal, or Wet year. 
(5) In any other year not identified in any sub-
sections (a) through (d), not less than twice the allo-
cation percentage to south-of-Delta CVP agricultural 
water service contractors, up to 100 percent. 
SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND INDUS-
TRIAL, AND OTHER CONTRACTORS. 
Nothing in section 202 shall— 
(1) adversely affect any protections for the envi-
ronment, including the obligation of the Secretary of 
the Interior to make water available to managed wet-
lands pursuant to section 3406(d) of the Central Val-
ley Project Improvement Act (title XXXIV of Public 
Law 102–575; 106 Stat. 4722); 
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(2) adversely affect any obligation of the Sec-
retary of the Interior or the Secretary of Commerce 
under the FWS Biological Opinion or the NOAA Bio-
logical Opinion; 
(3) modify any provision of a water service con-
tract 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 in-
dustrial water shortage policies; 
(5) constrain, govern, or affect, directly or indi-
rectly, 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; 
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(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 Rec-
lamation 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 divi-
sion contractors of the CVP; 
(4) result in the involuntary reduction in con-
tract 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)— 
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(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 sub-
paragraph (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 the Bureau 
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 wild-
life 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 contrac-
tors, water service or repayment contractors, 
water rights settlement contractors, exchange 
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contractors, and SWP contractors with water de-
livery contractors on the CVP and SWP. 
(b) REPORT TO CONGRESS.—The Commissioner of the 
Bureau of Reclamation shall provide a report described in 
subsection (a) to the House Committee on Natural Re-
sources 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 Im-
provements for the Nation Act (Public Law 114–322) is 
amended by adding at the end the following: 
‘‘(D) SEMI-ANNUAL
REPORT.—The Sec-
retary of the Interior and the Secretary of Com-
merce 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 ac-
tivities carried out under this paragraph.’’. 
SEC. 304. STORAGE; DURATION. 
(a) STORAGE.—Section 4007 of the Water Infrastruc-
ture Improvements for the Nation Act (Public Law 114– 
322) is amended— 
(1) in subsection (b)(1), by striking ‘‘or any pub-
lic agency organized pursuant to State law’’ and in-
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serting ‘‘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 Infrastruc-
ture Improvements for the Nation Act (Public Law 114– 
322) is amended— 
(1) in paragraph (1), by striking ‘‘and’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(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 Sec-
retary 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 of Reclama-
tion 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. 
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