I 
117TH CONGRESS 
1ST SESSION H. R. 4018 
To provide drought relief in the State of California, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2021 
Mr. VALADAO (for himself, Mr. MCCARTHY, Mr. CALVERT, Mr. GARCIA of 
California, Mr. ISSA, Mrs. KIM of California, Mr. LAMALFA, Mr. 
MCCLINTOCK, Mr. NUNES, and Mrs. STEEL) introduced the following 
bill; which was referred to the Committee on Natural Resources 
A BILL 
To provide drought relief in the State of California, 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 ‘‘Necessary to Ensure 
Expeditious Delivery of Water Act’’ or the ‘‘NEED Water 
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. 
TITLE I—RESPONDING TO CALIFORNIA’S DROUGHT EMERGENCY 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
Sec. 101. Definitions. 
Sec. 102. Emergency projects. 
Sec. 103. Progress report. 
Sec. 104. Status of surface storage studies. 
TITLE II—PROTECTION OF THIRD-PARTY WATER RIGHTS 
Sec. 201. Offset for State Water Project. 
Sec. 202. Area of origin protections. 
Sec. 203. No redirected adverse impacts. 
TITLE III—RENEW WIIN ACT 
Sec. 301. Short title. 
Sec. 302. Extension of authority. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Effect on existing obligations. 
Sec. 402. Termination of authorities. 
TITLE I—RESPONDING TO CALI-
FORNIA’S 
DROUGHT 
EMER-
GENCY 
SEC. 101. DEFINITIONS. 
In this Act: 
(1) CENTRAL
VALLEY
PROJECT.—The term 
‘‘Central Valley Project’’ has the meaning given the 
term in section 3403 of the Central Valley Project 
Improvement Act (106 Stat. 4707). 
(2) DELTA.—The term ‘‘Delta’’ means the Sac-
ramento-San Joaquin Delta and the Suisun Marsh, 
as defined in sections 12220 and 29101 of the Cali-
fornia Public Resources Code. 
(3) NEGATIVE
IMPACT
ON
THE
LONG-TERM 
SURVIVAL.—The term ‘‘negative impact on the long- 
term survival’’ means to reduce appreciably the like-
lihood of both the survival and recovery of a listed 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
species in the wild by reducing the reproduction, 
numbers, or distribution of that species. 
(4) SALMONID
BIOLOGICAL
OPINION.—The 
term ‘‘salmonid biological opinion’’ means the bio-
logical opinion issued by the National Marine Fish-
eries Service for long-term operations of the Central 
Valley Project and State Water Project on October 
21, 2019. 
(5) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary of Commerce; and 
(B) the Secretary of the Interior. 
(6) SMELT
BIOLOGICAL
OPINION.—The term 
‘‘smelt biological opinion’’ means the biological opin-
ion issued by the United States Fish and Wildlife 
Service for long-term operations of the Central Val-
ley Project and State Water Project on October 21, 
2019. 
(7) STATE.—The term ‘‘State’’ means the State 
of California. 
(8) STATE WATER PROJECT.—The term ‘‘State 
Water Project’’ means the water project described 
by California Water Code section 11550 et seq. and 
operated by the California Department of Water Re-
sources. 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 102. EMERGENCY PROJECTS. 
(a) IN GENERAL.—Subject to the priority of individ-
uals or entities, including those with Sacramento River 
Settlement Contracts, that have priority to the diversion 
and use of water over water rights held by the United 
States for operations of the Central Valley Project and 
over rights held by the State for operations of the State 
Water Project and the United States obligation to make 
a substitute supply of water available to the San Joaquin 
River Exchange Contractors, the Secretaries shall direct 
the operations of the Central Valley Project and allow op-
erations of the State Water Project to provide the max-
imum quantity of water supplies possible to Central Valley 
Project agricultural, municipal and industrial, and refuge 
service and repayment contractors, and State Water 
Project contractors, by approving, consistent with applica-
ble laws (including regulations)— 
(1) any project or operations to provide addi-
tional water supplies if there is any possible way 
whatsoever that the Secretaries can do so unless the 
project or operations constitute a highly inefficient 
way of providing additional water supplies; and 
(2) any projects or operations as quickly as pos-
sible based on available information to address the 
emergency conditions. 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
(b) MANDATE.—In carrying out subsection (a), the 
applicable Secretary shall— 
(1) operate the Central Valley Project to meet 
the United States contractual obligations under Sac-
ramento River Settlement Contracts and to make a 
substitute supply of water available to the San Joa-
quin River Exchange Contractors; 
(2) except as provided by this subsection, oper-
ate the Central Valley Project in a manner con-
sistent with the salmonid biological opinion and the 
smelt biological opinion; 
(3) authorize and implement actions to ensure 
that the Delta Cross Channel Gates remain open to 
the maximum extent practicable; 
(4)(A) operate the Central Valley Project and 
allow operations of the State Water Project within 
the ranges provided for in the smelt biological opin-
ion and the salmonid biological opinion to minimize 
water supply reductions for the Central Valley 
Project and the State Water Project, manage re-
verse flow in Old and Middle Rivers at ¥5000 cubic 
feet per second (cfs) unless current scientific data 
indicate a less negative Old and Middle River flow 
is necessary to avoid a significant negative impact 
on the long-term survival of a listed species; and 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
(B) show in writing that any determination to 
manage OMR reverse flow at rates less negative 
than ¥5000 cubic feet per second is necessary to 
avoid a significant negative impact on the long-term 
survival of the Delta smelt, including an explanation 
of the data examined and the connection between 
those data and the choice made prior to reducing 
pumping to a rate less negative than ¥5000 cfs; 
(5) adopt a 1:1 inflow to export ratio for the in-
crement of increased flow of the San Joaquin River, 
as measured as a 3-day running average at Vernalis 
during the period from April 1 through May 31, re-
sulting from voluntary sale, transfers, or exchanges 
of water from agencies with rights to divert water 
from the San Joaquin River or its tributaries con-
sistent with the Central Valley Project’s and the 
State Water Project’s permitted water rights; 
(6) issue all necessary permit decisions under 
the authority of the Secretaries within 30 days of re-
ceiving a completed application by the State to place 
and use temporary barriers or operable gates in 
Delta channels to improve water quantity and qual-
ity for Central Valley Project and State Water 
Project contractors and other water users, which 
barriers or gates should provide benefits for species 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
protection and in-Delta water user water quality and 
shall be designed such that formal consultations 
under section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) would not be necessary; 
(7)(A) complete all requirements under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) necessary to make 
final permit decisions on water transfer requests as-
sociated with voluntarily fallowing nonpermanent 
crops in the State, within 30 days of receiving such 
a request; and 
(B) allow any water transfer request associated 
with fallowing to maximize the quantity of water 
supplies available for nonhabitat uses as long as the 
fallowing and associated water transfer are in com-
pliance with applicable Federal laws (including regu-
lations); 
(8) allow any North of Delta agricultural water 
service or repayment contractor with unused Central 
Valley Project water to take delivery of such unused 
water through April 15 of the contract year imme-
diately following the contract year in which such 
water was allocated, if— 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
(A) the contractor requests the extension; 
and 
(B) the requesting contractor certifies 
that, without the extension, the contractor 
would have insufficient supplies to adequately 
meet requests for water deliveries within the 
contractor’s service area; 
(9) to the maximum extent possible based on 
the availability and quality of groundwater and with-
out causing land subsidence— 
(A) meet the Level 2 and Level 4 water 
supply needs of units of the National Wildlife 
Refuge System in the Central Valley of Cali-
fornia, the Gray Lodge, Los Banos, Volta, 
North Grasslands, and Mendota State wildlife 
management areas, and the Grasslands Re-
sources Conservation District in the Central 
Valley of California through the improvement 
or installation of wells to use groundwater re-
sources and the purchase of water from willing 
sellers; and 
(B) make a quantity of Central Valley 
Project water obtained from the measures im-
plemented under subparagraph (A) available to 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
Central Valley Project water service or repay-
ment contractors; and 
(10) implement instream and offsite projects in 
the Delta and upstream in the Sacramento River 
and San Joaquin basins, in coordination with the 
California Department of Water Resources and the 
California Department of Fish and Wildlife, that 
offset the effects on species listed as threatened or 
endangered under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) due to actions taken 
under this Act. 
(c) OTHER AGENCIES.—To the extent that a Federal 
agency other than agencies headed by the Secretaries has 
a role in approving projects described in subsections (a) 
and (b), the provisions of this section shall apply to those 
Federal agencies. 
(d) ACCELERATED PROJECT DECISION AND ELE-
VATION.— 
(1) IN
GENERAL.—Upon the request of the 
State, the heads of Federal agencies shall use the 
expedited procedures under this subsection to make 
final decisions relating to a Federal project or oper-
ation to provide additional water supplies or address 
emergency drought conditions pursuant to sub-
sections (a) and (b). 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
(2) REQUEST FOR RESOLUTION.— 
(A) IN
GENERAL.—Upon the request of 
the State, the head of an agency referred to in 
subsection (a), or the head of another Federal 
agency responsible for carrying out a review of 
a project, as applicable, the Secretary of the In-
terior shall convene a final project decision 
meeting with the heads of all relevant Federal 
agencies to decide whether to approve a project 
to provide emergency water supplies. 
(B) MEETING.—The Secretary of the Inte-
rior shall convene a meeting requested under 
subparagraph (A) not later than 7 days after 
receiving the meeting request. 
(3) NOTIFICATION.—Upon receipt of a request 
for a meeting under this subsection, the Secretary of 
the Interior shall notify the heads of all relevant 
Federal agencies of the request, including the 
project to be reviewed and the date for the meeting. 
(4) DECISION.—Not later than 10 days after 
the date on which a meeting is requested under 
paragraph (2), the head of the relevant Federal 
agency shall issue a final decision on the project in 
writing. 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
(5) MEETING CONVENED BY SECRETARY.—The 
Secretary of the Interior may convene a final project 
decision meeting under this subsection at any time, 
at the discretion of the Secretary, regardless of 
whether a meeting is requested under paragraph (2). 
SEC. 103. PROGRESS REPORT. 
Ninety days after the date of the enactment of this 
Act and every 90 days thereafter, the Secretaries shall 
provide a progress report describing the implementation 
of sections 101 and 102 to the Committee on Natural Re-
sources in the House of Representatives and the Com-
mittee on Energy and Natural Resources in the Senate. 
SEC. 104. STATUS OF SURFACE STORAGE STUDIES. 
One year after the date of the enactment of this Act, 
the Secretary of the Interior shall provide a progress re-
port on the status of feasibility studies undertaken pursu-
ant to section 102(d)(1) to the Committee on Natural Re-
sources in the House of Representatives and the Com-
mittee on Energy and Natural Resources in the Senate. 
The report shall include timelines for study completion, 
draft environmental impact statements, final environ-
mental impact statements, and Records of Decision. 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
TITLE II—PROTECTION OF 
THIRD-PARTY WATER RIGHTS 
SEC. 201. OFFSET FOR STATE WATER PROJECT. 
(a) IMPLEMENTATION IMPACTS.—In the event oper-
ations of the State Water Project are restricted under an 
incidental take permit issued by the California Depart-
ment of Fish and Wildlife for operations of the State 
Water Project beyond restrictions imposed by the 
salmonid biological opinion or smelt biological opinion, the 
Secretary of the Interior shall operate the Central Valley 
Project, to the extent excess capacity in Central Valley 
Project facilities exists, to divert water that otherwise 
would have been diverted by the State Water Project. Ad-
ditional water diverted by the Central Valley Project pur-
suant to this subsection shall be made available to the 
State Water Project for delivery to State Water Project 
contractors to offset losses resulting from the restrictions 
imposed by the incidental take permit. 
(b) NOTIFICATION RELATED
TO WATER AVAIL-
ABILITY.—The Secretary of the Interior shall immediately 
notify the Director of the California Department of Water 
Resources in writing if the Secretary of the Interior deter-
mines that additional water will be made available to the 
Stater Water Project as a result of the implementation 
of subsection (a). 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 202. AREA OF ORIGIN PROTECTIONS. 
(a) IN GENERAL.—The Secretary of the Interior is 
directed, in the operation of the Central Valley Project, 
to adhere to California’s water rights laws governing water 
rights priorities and to honor water rights senior to those 
held by the United States for operation of the Central Val-
ley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 
19, 1914, as well as water rights and other priorities per-
fected or to be perfected pursuant to California Water 
Code Part 2 of Division 2. Article 1.7 (commencing with 
section 1215 of chapter 1 of part 2 of division 2, sections 
10505, 10505.5, 11128, 11460, 11461, 11462, and 
11463, and sections 12200 to 12220, inclusive). 
(b) DIVERSIONS.—Any action undertaken by the Sec-
retaries pursuant to both this Act and section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
that requires that diversions from the Sacramento River 
or the San Joaquin River watersheds upstream of the 
Delta be bypassed shall not be undertaken in a manner 
that alters the water rights priorities established by Cali-
fornia law. 
(c) ENDANGERED SPECIES ACT.—Nothing in this 
title alters the existing authorities provided to and obliga-
tions placed upon the Federal Government under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
(d) CONTRACTS.—With respect to individuals and en-
tities with water rights on the Sacramento River, the man-
dates of this section may be met, in whole or in part, 
through a contract with the Secretary executed pursuant 
to section 14 of Public Law 76–260; 53 Stat. 1187 (43 
U.S.C. 389) that is in conformance with the Sacramento 
River Settlement Contracts renewed by the Secretary in 
2005. 
SEC. 203. NO REDIRECTED ADVERSE IMPACTS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
ensure that, except as otherwise provided for in a water 
service or repayment contract, actions taken in compliance 
with legal obligations imposed pursuant to or as a result 
of this Act, including such actions under section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
and other applicable Federal and State laws, shall not di-
rectly or indirectly— 
(1) result in the involuntary reduction of water 
supply or fiscal impacts to individuals or districts 
who receive water from either the State Water 
Project or the United States under water rights set-
tlement contracts, exchange contracts, water service 
contracts, repayment contracts, or water supply con-
tracts; or 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
(2) cause redirected adverse water supply or fis-
cal impacts to those within the Sacramento River 
watershed, the San Joaquin River watershed or the 
State Water Project service area. 
(b) COSTS.—To the extent that costs are incurred 
solely pursuant to or as a result of this Act and would 
not otherwise have been incurred by any entity or public 
or local agency or subdivision of the State of California, 
such costs shall not be borne by any such entity, agency, 
or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis. 
(c) RIGHTS AND OBLIGATIONS NOT MODIFIED OR 
AMENDED.—Nothing in this Act shall modify or amend 
the rights and obligations of the parties to any existing— 
(1) water service, repayment, settlement, pur-
chase, or exchange contract with the United States, 
including the obligation to satisfy exchange contracts 
and settlement contracts prior to the allocation of 
any other Central Valley Project water; or 
(2) State Water Project water supply or settle-
ment contract with the State. 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
TITLE III—RENEW WIIN ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Responsible, No-Cost 
Extension of Western Water Infrastructure Improvements 
Act’’ or the ‘‘RENEW WIIN Act’’. 
SEC. 302. EXTENSION OF AUTHORITY. 
Subtitle J of the Water Infrastructure Improvements 
for the Nation Act (Public Law 114–322) is amended— 
(1) in section 4007 (43 U.S.C. 390(b) note), in 
subsection (i), by striking ‘‘January 1, 2021’’ and 
inserting ‘‘January 1, 2031’’; and 
(2) in section 4013 (43 U.S.C. 390(b) note)— 
(A) in the first sentence, by striking ‘‘the 
date that is 5 years after the date of its enact-
ment’’ and inserting ‘‘December 31, 2031’’; and 
(B) in paragraph (1), by striking ‘‘10 
years after the date of its enactment’’ and in-
serting ‘‘on December 31, 2036’’. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. EFFECT ON EXISTING OBLIGATIONS. 
Nothing in this Act modifies any existing obligation 
of the United States under Federal reclamation law to op-
erate the Central Valley Project in conformity with State 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS
law relating to the control, appropriation, use, or distribu-
tion of water, including established water rights priorities. 
SEC. 402. TERMINATION OF AUTHORITIES. 
Title I and title II of this Act shall expire on Sep-
tember 30, 2023, or the date on which the Governor of 
the State suspends the state of drought emergency dec-
laration, whichever is later. 
Æ 
VerDate Sep 11 2014 
19:46 Jul 20, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6301
E:\BILLS\H4018.IH
H4018
pamtmann on DSKBC07HB2PROD with BILLS