I 
109TH CONGRESS 
2D SESSION 
H. R. 6377 
To authorize the implementation of the San Joaquin River Restoration 
Settlement. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2006 
Mr. RADANOVICH (for himself, Mr. POMBO, Mrs. NAPOLITANO, Mr. CARDOZA, 
Mr. COSTA, and Mr. GEORGE MILLER of California) introduced the fol-
lowing bill; which was referred to the Committee on Resources 
A BILL 
To authorize the implementation of the San Joaquin River 
Restoration Settlement. 
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 ‘‘San Joaquin River 
Restoration Settlement Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to authorize implementa-
tion of the Stipulation of Settlement dated September 13, 
2006 (referred to in this Act as the ‘‘Settlement’’), in the 
litigation entitled NATURAL RESOURCES DEFENSE 
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COUNCIL, et al. v. KIRK RODGERS, et al., United 
States District Court, Eastern District of California, No. 
CIV. S–88–1658–LKK/GGH. 
SEC. 3. DEFINITIONS. 
In this Act, the terms ‘‘Friant Division long-term 
contractors’’, ‘‘Interim Flows’’, ‘‘Restoration Flows’’, ‘‘Re-
covered Water Account’’, ‘‘Restoration Goal’’, and ‘‘Water 
Management Goal’’ have the meanings given the terms in 
the Settlement. 
SEC. 4. IMPLEMENTATION OF SETTLEMENT. 
(a) IN GENERAL.—The Secretary of the Interior (re-
ferred to in this Act as the ‘‘Secretary’’) is hereby author-
ized and directed to implement the terms and conditions 
of the Settlement in cooperation with the State of Cali-
fornia, including the following measures as these measures 
are prescribed in the Settlement: 
(1) Design and construct channel and struc-
tural improvements as described in paragraph 11 of 
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. 
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(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 
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 
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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. 
(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-
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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. 
(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 10, shall not result 
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