I
107TH CONGRESS
1ST SESSION
H. R. 3208
To authorize funding through the Secretary of the Interior for the implemen-
tation of a comprehensive program in California to achieve increased
water yield and environmental benefits, as well as improved water system
reliability, water quality, water use efficiency, watershed management,
water transfers, and levee protection.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 1, 2001
Mr. CALVERT (for himself and Mr. DOOLEY of California) introduced the fol-
lowing bill; which was referred to the Committee on Resources, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To authorize funding through the Secretary of the Interior
for the implementation of a comprehensive program in
California to achieve increased water yield and environ-
mental benefits, as well as improved water system reli-
ability, water quality, water use efficiency, watershed
management, water transfers, and levee protection.
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 Secu-
rity Enhancement 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. Purposes.
Sec. 4. Definitions.
TITLE I—WESTERN WATER SECURITY PROGRAM
Sec. 101. Interim program activities and governance structure.
Sec. 102. Long-term governance and monitoring.
Sec. 103. California water supply security.
Sec. 104. Implementation of the CALFED program.
Sec. 105. Competitive grant program.
Sec. 106. Authorization and appropriation process.
Sec. 107. Annual reports.
Sec. 108. Treatment of funds.
Sec. 109. Land acquisition; management plan required for existing lands.
Sec. 110. Environmental justice.
Sec. 111. Limitation on funding for new projects in California under the Rec-
lamation Wastewater and Groundwater Study and Facilities
Act.
TITLE II—SMALL RECLAMATION PROJECTS
Sec. 201. Short title; references.
Sec. 202. Amendments to the Small Reclamation Projects Act of 1956.
Sec. 203. Additional appropriations.
Sec. 204. Guidelines.
Sec. 205. Effective date.
Sec. 206. Limitation.
TITLE III—MISCELLANEOUS
Sec. 301. Secretarial actions to reduce California’s use of Colorado River water.
Sec. 302. Willard Bay Reservoir enlargement study.
Sec. 303. Amendments to the Federal Water Project Recreation Act.
Sec. 304. Limitations on recovery of reimbursable expenses for valve rehabilita-
tion project at the Arrowrock Dam, Boise Project, Idaho.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To authorize funding, through the Secretary
of the Interior, for the implementation of a com-
prehensive program to achieve increased water yield
and water supply, improved water quality and en-
hanced environmental benefits as well as improved
water system reliability, water use efficiency, water-
shed management, water transfers, and levee protec-
tion for California.
(2) To implement the 4 primary objectives of
the CALFED program for California in accordance
with the solution principles set forth in the
CALFED program.
(3) To ensure that the Secretary of the Interior
and the Federal agencies, in cooperation with the
State, implement actions necessary to improve drink-
ing water quality pursuant to the record of decision,
including through financial and technical support of
local enhancement of water treatment infrastructure
and technology.
(4) To ensure that the Secretary of the Interior
and the Federal agencies, in cooperation with the
State, implement actions necessary to improve drink-
ing water quality pursuant to the record of decision,
including through financial and technical support of
local enhancement of water treatment infrastructure
and technology.
(5) To enhance water security in the Western
United States by authorizing a competitive grants
program and reauthorizing and amending the Small
Reclamation Projects Act of 1956.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) BAY-DELTA
SOLUTION
AREA.—The term
‘‘Bay-Delta solution area’’ means the Bay-Delta wa-
tershed and the San Francisco Bay/Sacramento-San
Joaquin Delta Estuary, California, and the areas in
which diverted/exported water is used.
(2) BAY-DELTA WATERSHED.—The term ‘‘Bay-
Delta watershed’’ means the Sacramento River-San
Joaquin River Delta, and the rivers and watersheds
that are tributary to that Delta.
(3) CALFED PROGRAM.—The term ‘‘CALFED
program’’ means the cooperative, interagency effort
of State and Federal agencies with management or
regulatory responsibilities for the Bay-Delta solution
area as set forth in the record of decision, including
complementary actions (as that term is defined in
the record of decision).
(4) CONGRESSIONAL APPROPRIATIONS COMMIT-
TEES.—The term ‘‘congressional appropriations
committees’’ means the Subcommittee on Energy
and Water Development of the Committee on Appro-
priations of the Senate and the Subcommittee on
Energy and Water Development of the Committee
on Appropriations of the House of Representatives.
(5) CONGRESSIONAL
AUTHORIZING
COMMIT-
TEES.—The term ‘‘congressional authorizing com-
mittees’’ means the Committee on Energy and Nat-
ural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(6) DELTA.—The term ‘‘Delta’’ means the Sac-
ramento River-San Joaquin River Delta in Cali-
fornia as defined in California Water Code section
12220.
(7) ECOSYSTEM RESTORATION PROGRAM.—The
term ‘‘Ecosystem Restoration Program’’ means the
program described in section 2.2.2 of the record of
decision.
(8) ENVIRONMENTAL
WATER
ACCOUNT.—The
term ‘‘Environmental Water Account’’ means the
water account established by the Program agencies
pursuant to the record of decision to provide water
for the protection and recovery of species of fish list-
ed under section 4(c) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(c)).
(9) FEDERAL AGENCIES.—The term ‘‘Federal
agencies’’ means the Federal agencies that are sig-
natories to Attachment 3 of the record of decision.
(10) PROGRAM
AGENCIES.—The term ‘‘Pro-
gram agencies’’ means both the Federal agencies
and the State agencies.
(11) RECLAMATION LANDS.—The term ‘‘Rec-
lamation lands’’—
(A) means real property administered by
the Secretary, acting through the Commissioner
of Reclamation; and
(B) includes all acquired and withdrawn
lands and water areas under the administrative
jurisdiction of the Bureau of Reclamation.
(12) RECORD OF DECISION.—The term ‘‘record
of decision’’ means the record of decision issued Au-
gust 28, 2000, pursuant to the National Environ-
mental Policy Act of 1969 for the CALFED Bay-
Delta Program Final Programmatic Environmental
Impact Statement.
(13) RESTORATION FUND.—The term ‘‘restora-
tion fund’’ means the Central Valley Project Res-
toration Fund established by section 3407 of the
Central Valley Project Improvement Act (106 Stat.
4726).
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(15) STATE AGENCIES.—The term ‘‘State agen-
cies’’ means the California State agencies that are
signatories to Attachment 3 of the record of deci-
sion.
(16) WATER
SECURITY
BOARD.—The term
‘‘Water Security Board’’ means such board estab-
lished pursuant to section 102.
(17) WATER SUPPLY.—The term ‘‘water sup-
ply’’ means a quantity of water that is developed or
derived from—
(A) increased yield;
(B) recycling existing sources;
(C) surface or groundwater storage;
(D) conservation; or
(E) other actions or water management
tools that—
(i) improve the availability and reli-
ability of water supplies in critically dry
years for beneficial uses;
(ii) improve system capacity; or
(iii) improve operational flexibility.
(18) WATER YIELD.—The term ‘‘water yield’’
means an additional quantity of water supply in
storage that is available in critically dry years for
beneficial uses.
TITLE I—WESTERN WATER
SECURITY PROGRAM
SEC. 101. INTERIM PROGRAM ACTIVITIES AND GOVERN-
ANCE STRUCTURE.
(a) IN GENERAL.—The Federal agencies, in consulta-
tion with State agencies, shall continue to operate under
the interim governance structure as described in Attach-
ment 3 of the record of decision, and in accordance with
section 103 of this Act, until the date on which the Water
Security Board is established under section 102.
(b) ALLOCATION OF FUNDING DURING INTERIM.—
The Secretary shall ensure that during the period pre-
ceding establishment of the Water Security Board under
section 102, Federal funding is allocated such that—
(1) there is balanced progress toward increased
water yield and water supply, improved water qual-
ity, and enhanced environmental benefits; and
(2) adequate progress is made in improving
water system reliability, water quality, water use ef-
ficiency, watershed management, water transfers,
and levee protection, in accordance with the record
of decision.
(c) WATER SUPPLY STUDIES.—
(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Bureau of Reclamation, shall conduct a
study of available water supplies and existing de-
mand and future needs—
(A) within the units of the Central Valley
Project;
(B) within the area served by Central Val-
ley Project agricultural water service contrac-
tors and municipal and industrial water service
contractors; and
(C) within the Bay-Delta solution area.
(2) REPORT.—The Secretary shall submit a re-
port to the congressional authorizing committees by
not later than October 1, 2002, describing the find-
ings of the study. The report shall describe—
(A) water yield and water supply improve-
ments, if any, for Central Valley Project agri-
cultural water service contractors and municipal
and industrial water service contractors, that
would result from projects described in the
record of decision; and
(B) all feasible water management actions
or projects that would improve water yield or
water supply and that, if taken or constructed,
would balance available water supplies and ex-
isting demand for those contractors and other
water users of the Bay Delta Watershed with
due recognition of water right priorities.
(3) FEASIBLE
DEFINED.—For purposes of
paragraph (2), the term ‘‘feasible’’ means capable of
being accomplished in a reasonable period of time,
taking into account economic, environmental, social,
and technological factors and benefits.
(d) WATER QUALITY STUDIES.—
(1) STUDY.—The Secretary, in cooperation with
the State, shall conduct a study to identify and rec-
ommend 
drinking 
water 
quality 
improvement
projects and programs to carry out under the
CALFED program.
(2) REPORT.—The Secretary shall submit a re-
port to the congressional authorizing committees by
not later than October 1, 2002, describing the find-
ings of the study.
(e) SUMMARY OF EXPENDITURES TO DATE.—The
Director of the Office of Management and Budget shall
submit to the Congress, by not later than March 1, 2002,
a report describing all Federal and State expenditures
made before such date under the CALFED program and
other Federal and State programs that may be com-
plementary to the CALFED program.
SEC. 102. LONG-TERM GOVERNANCE AND MONITORING.
(a) ESTABLISHMENT
OF
THE WATER SECURITY
BOARD.—
(1) IN GENERAL.—The Secretary shall cooper-
ate with the State of California to develop a proposal
to—
(A) establish an administrative entity, to
be known as the ‘‘Water Security Board’’, for
managing CALFED program operations and
implementation of section 105 with respect to
California; and
(B) otherwise provide for the long-term im-
plementation of the CALFED program.
(2) DEVELOPMENT AND SUBMITTAL OF PRO-
POSAL.—For purposes of paragraph (1)—
(A) the Federal agencies shall participate
with the State agencies and stakeholders to de-
velop a proposal in accordance with this section
to be authorized by the Congress and the Cali-
fornia Legislature before becoming effective;
and
(B) the Secretary shall submit the proposal
to the Congress and the California Legislature
by October 1, 2002.
(3) 
PUBLIC
PARTICIPATION.—The 
Federal
agencies shall include broad public, tribal, and local
government involvement in the proposal. Meetings of
multiple State and Federal agencies for development
of the proposal shall be open to the public.
(b) PROGRAM ELEMENTS.—The proposal submitted
by the Secretary under this section shall provide the fol-
lowing:
(1) Establishment of an administrative entity to
be authorized under Federal and California State
law which shall be known as the Water Security
Board.
(2) The Water Security Board—
(A) shall direct and oversee the implemen-
tation of the CALFED program and implemen-
tation of section 105 with respect to California;
and
(B) may adopt and modify program ele-
ments as necessary to achieve the purposes of
the CALFED program.
(3) The Water Security Board shall ensure that
all relevant Federal programs authorized under this
Act and other preexisting authorities, including the
restoration fund and other programs authorized by
the Central Valley Project Improvement Act (106
Stat. 4706 et seq.), coordinate and integrate
goalsetting, 
funding, 
and 
implementation 
with
CALFED programs to ensure the most biologically
effective and cost-effective expenditure of Federal
funds and resources for CALFED program-related
activities.
(4) The Water Security Board shall manage
and allocate CALFED program funds to maintain
balanced progress among all CALFED program ele-
ments.
(5) The Water Security Board shall be com-
prised of representatives from each of the following
groups:
(A) The Federal agencies.
(B) The State agencies.
(C) Local governments and other inter-
ested persons.
(6) Each member of the Water Security Board
who is a representative of a Federal agency or State
agency shall be an official with a level of authority
that is at least as great as the lowest level of author-
ity of the Federal and State officials, respectively,
that signed the record of decision.
(7) Mechanisms for funding, by the Program
agencies, of activities under the proposal, including
for the ecosystem restoration program.
(c) PROMOTION OF PARTNERSHIPS.—The proposal
submitted by the Secretary under this section shall provide
the following:
(1) The Water Security Board shall seek out
and promote partnerships with local interests and
programs that seek to integrate various management
options so as to maximize the final resource benefits.
(2) The Water Security Board shall cooperate
and undertake joint activities with other persons, in-
cluding local public agencies, Indian tribes, private
water users, and landowners pursuant to the record
of decision. Such activities shall include, but not be
limited to, planning, design, technical assistance,
construction projects, and the development of an
independent peer review science program.
(d) MONITORING.—The proposal submitted by the
Secretary under this section shall provide that the Water
Security Board shall coordinate with the Program agen-
cies to—
(1) ensure that ecological monitoring data col-
lected for ecosystem restoration projects are inte-
grated, streamlined, compatible, and designed to
measure overall trends in ecosystem health in the
Bay-Delta watershed;
(2) provide integrated monitoring plans and
protocols to be used for gauging cost-effective per-
formance of projects; and
(3) ensure that the findings of such monitoring
are used to modify and adopt elements of the
CALFED program.
(e) OBJECTIVE REVIEW AND ANALYSIS.—The pro-
posal submitted by the Secretary under this section shall
provide that the Water Security Board shall ensure that—
(1) all aspects of the CALFED program com-
ponents, including the competitive grants program
under section 105, use credible and objective sci-
entific review and economic analysis;
(2) recommendations of the Water Security
Board are based on the best available scientific in-
formation; and
(3) a science review board and independent peer
review process for implementation of the proposal is
established, including independent review of biologi-
cal opinions.
(f) LAND PARTNERSHIPS AND ACQUISITIONS.—The
proposal submitted by the Secretary under this section
shall provide that—
(1) before obligating or expending Federal
funds to acquire land for the CALFED ecosystem
restoration program, the Water Security Board shall
first determine that existing Federal land is not
available for that purpose;
(2) in determining whether to acquire land for
the CALFED ecosystem restoration program, the
Water Security Board, through the Secretary,
shall—
(A) consider the cumulative impacts on the
local government and communities of transfer-
ring the property into government ownership;
and
(B) fully mitigate such impacts; and
(3) the Water Security Board shall partner with
landowners and local agencies to develop cooperating
landowner commitments that will meet coequal ob-
jectives of achieving local economic and social goals
and implementing the Ecosystem Restoration Pro-
gram goals.
(g) COMPLIANCE WITH STATE LAW.—The proposal
submitted by the Secretary under this section shall provide
that the Federal agencies and the Water Security Board
shall operate in compliance with California water law.
Nothing in this Act shall be construed to invalidate or pre-
empt State law.
‘‘(5) The extent to which the loan guarantee
would enable the organization to meet the needs of
other local water purveyors.
‘‘(6) The extent to which the guaranteed loan
would support a program that would supplement,
rather than duplicate, other available water resource
programs.
‘‘(7) The fiscal impact of the loan guarantee
program as a whole on other Bureau of Reclamation
programs.
‘‘(c) APPORTIONMENT.—The total amount made
available to the Secretary for a fiscal year to cover the
costs of loan guarantees under this section shall be divided
between projects receiving or eligible to receive loans
under titles I and II, with title I projects receiving 75 per-
cent and title II projects receiving 25 percent.
‘‘(d) MAXIMUM.—The maximum amount of a loan
guaranteed under this section may not exceed 75 percent
of the total cost of the project carried out with the loan.
‘‘(e) LIMITATION ON USE OF LOAN.—No loan guar-
anteed under this title shall be used to cover the organiza-
tion’s local cost share for any project assisted under this
Act.