IB 
Union Calendar No. 335
108TH CONGRESS 
2D SESSION 
H. R. 2828
[Report No. 108–573, Part I] 
To authorize the Secretary of the Interior to implement water supply tech-
nology and infrastructure programs aimed at increasing and diversifying 
domestic water resources. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2003
Mr. CALVERT (for himself, Mr. DOOLEY of California, Mr. RADANOVICH, Mr. 
ORTIZ, Mr. NUNES, Mr. CARDOZA, Mr. OSBORNE, Mr. BACA, Mr. RENZI, 
Mr. GALLEGLY, Mr. LEWIS of California, Mr. THOMAS, Mr. DREIER, Mr. 
HUNTER, Mrs. BONO, Mr. COX, Mr. DOOLITTLE, Mr. GARY G. MILLER 
of California, Mr. MCKEON, Mr. ROYCE, Mr. CUNNINGHAM, Mr. ROHR-
ABACHER, Mr. ISSA, Mr. OSE, and Mr. POMBO) introduced the following 
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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
JUNE 25, 2004
Additional sponsors: Mrs. NAPOLITANO, Mr. REYES, Mr. RODRIGUEZ, Mr. 
FILNER, Mr. PEARCE, Ms. LORETTA SANCHEZ of California, and Ms. 
GINNY BROWN-WAITE of Florida 
JUNE 25, 2004
Reported from the Committtee on Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 25, 2004
Referral to the Committee on Transportation and Infrastructure extended for 
a period ending not later than June 25, 2004
JUNE 25, 2004
The Committee on Transportation and Infrastructure discharged; committed
to the Committee of the Whole House on the State of the Union, and 
ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on July 23, 2003] 
A BILL 
To authorize the Secretary of the Interior to implement 
water supply technology and infrastructure programs 
aimed at increasing and diversifying domestic water re-
sources.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SEC. 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Supply, Reli-
ability, and Environmental Improvement Act’’. 
TITLE I—CALIFORNIA WATER SE-
CURITY 
AND 
ENVIRON-
MENTAL ENHANCEMENT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘California Water Secu-
rity and Environmental Enhancement Act’’. 
SEC. 102. DEFINITIONS. 
In this title: 
(1) CALFED BAY-DELTA PROGRAM.—The terms 
‘‘Calfed Bay-Delta Program’’ and ‘‘Program’’ mean 
the programs, projects, complementary actions, and 
activities undertaken through coordinated planning,
implementation, and assessment activities of the State 
and Federal Agencies in a manner consistent with the 
Record of Decision. 
(2) ENVIRONMENTAL
WATER
ACCOUNT.—The 
term ‘‘Environmental Water Account’’ means the co-
operative management program established pursuant 
to the Record of Decision to reduce incidental take 
and provide a mechanism for recovery of species. 
(3) FEDERAL
AGENCIES.—The term ‘‘Federal 
agencies’’ means the Federal agencies that are sig-
natories to Attachment 3 of the Record of Decision. 
(4) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor of the State of California. 
(5) RECLAMATION
STATES.—The term ‘‘Rec-
lamation States’’ means the States of Arizona, Cali-
fornia, Colorado, Idaho, Kansas, Montana, Nebraska, 
Nevada, New Mexico, North Dakota, Oklahoma, Or-
egon, South Dakota, Utah, Washington, Wyoming, 
and Texas. 
(6) RECORD OF DECISION.—The term ‘‘Record of 
Decision’’ means the Calfed Bay-Delta Program 
Record of Decision, dated August 28, 2000. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
(8) STATE.—The term ‘‘State’’ means the State 
of California. 
(9) STATE AGENCIES.—The term ‘‘State agen-
cies’’ means the California State agencies that are 
signatories to Attachment 3 of the Record of Decision. 
(10) WATER
YIELD.—The term ‘‘water yield’’ 
means a new quantity of water in storage that is reli-
ably available in critically dry years for beneficial 
uses. 
SEC. 103. BAY DELTA PROGRAM. 
(a) IN GENERAL.—
(1) RECORD OF DECISION AS GENERAL FRAME-
WORK.—The Record of Decision is approved as a gen-
eral framework for addressing the Calfed Bay-Delta 
Program, including its components relating to water 
storage and water yield, ecosystem restoration, water 
supply reliability, conveyance, water use efficiency, 
water quality, water transfers, watersheds, the Envi-
ronmental Water Account, levee stability, governance, 
and science. 
(2) SPECIFIC
ACTIVITIES.—The Secretary and 
the heads of the Federal agencies are authorized to 
undertake, fund, participate in, and otherwise carry 
out the activities described in the Record of Decision, 
subject to the provisions of this title, so that the ac-
tivities of the Calfed Bay-Delta Program consisting of 
protecting drinking water quality, restoring ecological 
health, improving water supply reliability (including 
additional water storage and water yield and convey-
ance), and protecting Delta levees will progress in a 
balanced manner. 
(b) AUTHORIZED ACTIVITIES.—
(1) IN GENERAL.—The Secretary and the heads 
of the Federal agencies are authorized to carry out the 
activities described in paragraphs (2) through (5) in 
furtherance of the Calfed Bay-Delta Program as set 
forth in the Record of Decision, subject to the cost-
share and other provisions of this title. 
(2) MULTIPLE BENEFIT PROJECTS FAVORED.—
In selecting projects and programs for increasing 
water yield and water supply, improving water qual-
ity, and enhancing environmental benefits, projects 
and programs with multiple benefits shall be empha-
sized. 
(3) BALANCE.—The Secretary shall ensure that 
all elements of the Calfed Bay-Delta Program need to 
be completed and operated cooperatively to maintain 
the balanced progress in all Calfed Bay-Delta Pro-
gram areas.
(4) EXISTING
AUTHORIZATIONS
FOR
FEDERAL 
AGENCIES.—The Secretary of the Interior and the 
heads of the Federal agencies are authorized to carry 
out the activities described in subparagraphs (A) 
through (J) of paragraph (5), to the extent authorized 
under existing law. 
(5) DESCRIPTION OF ACTIVITIES UNDER EXIST-
ING AUTHORIZATIONS.—
(A) WATER STORAGE AND WATER YIELD.—
Activities under this subparagraph consist of—
(i) FEASIBILITY STUDIES AND RESOLU-
TION.—
(I) For purposes of implementing 
the Calfed Bay-Delta Program, the 
Secretary is authorized to undertake 
all necessary planning activities and 
feasibility studies required for the de-
velopment of recommendations by the 
Secretary to Congress on the construc-
tion and implementation of specific 
water supply and water yield, ground 
water management, and ground water 
storage projects and implementation of 
comprehensive 
water 
management 
planning.
(II) FEASIBILITY
STUDIES
RE-
QUIREMENTS.—All feasibility studies 
completed for storage projects as a re-
sult of this section shall include identi-
fication of project benefits and bene-
ficiaries and a cost allocation plan 
consistent with the benefits to be re-
ceived, for both governmental and non-
governmental entities. 
(III) 
DISAPPROVAL
RESOLU-
TION.—If the Secretary determines a 
project to be feasible, and meets the re-
quirements under subparagraph (B), 
the report shall be submitted to Con-
gress. If Congress does not pass a dis-
approval resolution of the feasibility 
study during the first 120 days before 
Congress (not including days on which 
either the House of Representatives or 
the Senate is not in session because of 
an adjournment of more than three 
calendar days to a day certain) the 
project shall be authorized, subject to 
appropriations.
(ii) WATER SUPPLY AND WATER YIELD 
STUDY.—The Secretary, acting through the 
Bureau of Reclamation and in consultation 
with the State, shall conduct a study of 
available water supplies and water yield 
and existing demand and future needs for 
water—
(I) within the units of the Central 
Valley Project; 
(II) within the area served by 
Central Valley Project agricultural 
water service contractors and munic-
ipal and industrial water service con-
tractors; and 
(III) within the Bay-Delta solu-
tion area. 
(iii) 
RELATIONSHIP
TO
PRIOR 
STUDY.—The study under clause (ii) shall 
incorporate and revise as necessary the 
study required by section 3408(j) of the 
Central Valley Project Improvement Act of 
1992 (Public Law 102–575). 
(iv) 
MANAGEMENT.—The 
Secretary 
shall conduct activities related to developing
and implementing groundwater manage-
ment and groundwater storage projects. 
(v) COMPREHENSIVE
WATER
PLAN-
NING.—The Secretary shall conduct activi-
ties related to comprehensive water manage-
ment planning. 
(vi) REPORT.—The Secretary shall 
submit a report to the congressional author-
izing committees by not later than 180 days 
after the date of the enactment of this title 
describing the following: 
(I) Water yield and water supply 
improvements, if any, for Central Val-
ley Project agricultural water service 
contractors and municipal and indus-
trial water service contractors. 
(II) All water management ac-
tions or projects that would improve 
water yield or water supply and that, 
if taken or constructed, would balance 
available water supplies and existing 
demand for those contractors and other 
water users of the Bay-Delta watershed 
with due recognition of water right 
priorities and environmental needs.
(III) The financial costs of the ac-
tions and projects described under 
clause (II). 
(IV) The beneficiaries of those ac-
tions and projects and an assessment of 
their willingness to pay the capital 
costs and operation and maintenance 
costs thereof. 
(B) CONVEYANCE.—
(i) SOUTH
DELTA
ACTIONS.—In the 
case of the South Delta, activities under this 
clause consist of the following: 
(I) The South Delta Improvement 
Program through actions to accomplish 
the following: 
(aa) Increase the State Water 
Project export limit to 8,500 cfs. 
(bb) Install permanent, oper-
able barriers in the south Delta. 
The Federal Agencies shall cooper-
ate with the State to accelerate in-
stallation of the permanent, oper-
able barriers in the south Delta, 
with the intent to complete that
installation not later than the end 
of fiscal year 2006. 
(cc) Increase the State Water 
Project export to the maximum 
capability of 10,300 cfs. 
(II) Reduction of agricultural 
drainage in south Delta channels, and 
other actions necessary to minimize the 
impact of drainage on drinking water 
quality.
(III) Design and construction of 
lower San Joaquin River floodway im-
provements. 
(IV) Installation and operation of 
temporary barriers in the south Delta 
until fully operable barriers are con-
structed. 
(V) Actions to protect navigation 
and local diversions not adequately 
protected by temporary barriers. 
(VI) Actions to increase pumping 
shall be accomplished in a manner 
consistent with California law pro-
tecting—
(aa) deliveries to, costs of, 
and water suppliers and water 
users, including but not limited 
to, agricultural users, that have 
historically relied on water di-
verted for use in the Delta; and 
(bb) the quality of water for 
existing 
municipal, 
industrial, 
and agricultural uses. 
(ii) NORTH DELTA ACTIONS.—In the 
case of the North Delta, activities under this 
clause consist of—
(I) evaluation and implementa-
tion of improved operational proce-
dures for the Delta Cross Channel to 
address fishery and water quality con-
cerns; 
(II) evaluation of a screened 
through-Delta facility on the Sac-
ramento River; and 
(III) 
evaluation 
of 
lower 
Mokelumne River floodway improve-
ments. 
(iii) INTERTIES.—Activities under this 
clause consist of—
(I) evaluation and construction of 
an intertie between the State Water 
Project California Aqueduct and the 
Central Valley Project Delta Mendota 
Canal, near the City of Tracy; and 
(II) assessment of a connection of 
the Central Valley Project to the Clif-
ton Court Forebay of the State Water 
Project, with a corresponding increase 
in the screened intake of the Forebay. 
(iv) PROGRAM TO MEET STANDARDS.—
Prior to increasing export limits from the 
Delta for the purposes of conveying water to 
south-of-Delta Central Valley Project con-
tractors or increasing deliveries through an 
intertie, the Secretary shall, within one 
year of the date of enactment of this title, 
in consultation with the Governor, develop 
and implement a program to meet all exist-
ing water quality standards and objectives 
for which the CVP has responsibility. In de-
veloping and implementing the program the 
the Secretary shall include, to the maximum 
extent feasible, the following:
(I) A recirculation program to 
provide flow, reduce salinity concentra-
tions in the San Joaquin River, and 
reduce the reliance on New Melones 
Reservoir for meeting water quality 
and fishery flow objectives through the 
use of excess capacity in export pump-
ing and conveyance facilities. 
(II) The implementation of man-
datory source control programs and 
best drainage management practices to 
reduce discharges into the San Joaquin 
River of salt or other constituents from 
wildlife refuges that receive Central 
Valley Project water. 
(III) The acquisition from willing 
sellers of water from streams tributary 
to the San Joaquin River or other 
sources to provide flow, dilute dis-
charges from wildlife refuges, and to 
improve water quality in the San Joa-
quin River below the confluence of the 
Merced and San Joaquin rivers and to 
reduce the reliance on New Melones
Reservoir for meeting water quality 
and fishery flow objectives. 
(v) USE OF EXISTING FUNDING MECHA-
NISMS.—In implementing the Program, the 
Secretary shall use money collected pursu-
ant to section 3406(c)(1) of the Central Val-
ley Project Improvement Act of 1992 (Pub-
lic Law 102–575) to acquire from voluntary 
sellers water from streams tributary to the 
San Joaquin River or other sources for the 
purposes set forth in subclauses (I) through 
(III) of clause (iv). 
(vi) PURPOSE.—The purpose of the au-
thority and direction provided to the Sec-
retary in clause (iv) is to provide greater 
flexibility in meeting the existing water 
quality standards and objectives for which 
the Central Valley Project has responsibility 
so as to reduce the demand on water from 
New Melones Reservoir used for that pur-
pose and to allow the Secretary to meet 
with greater frequency the Secretary’s obli-
gations to Central Valley Project contractors 
from the New Melones Project.
(C) WATER
USE
EFFICIENCY.—Activities 
under this subparagraph consist of—
(i) water conservation projects that 
provide water supply reliability, water 
quality, and ecosystem benefits to the Bay-
Delta system; 
(ii) technical assistance for urban and 
agricultural water conservation projects; 
(iii) water recycling and desalination 
projects, including groundwater remediation
projects and projects identified in the Bay 
Area Water Plan and the Southern Cali-
fornia Comprehensive Water Reclamation 
and Reuse Study and other projects, giving 
priority to projects that include regional so-
lutions to benefit regional water supply and 
reliability needs; 
(I) The Secretary shall review any 
feasibility level studies for seawater de-
salination and regional brine line 
projects that have been completed, 
whether or not those studies were pre-
pared with financial assistance from 
the Secretary.
(II) The Secretary shall report to 
the Congress not later than 90 days 
after the completion of a feasibility 
study or the review of a feasibility 
study. For the purposes of this Act, the 
Secretary is authorized to provide as-
sistance for projects as set forth and 
pursuant to the existing requirements 
of the Reclamation Wastewater and 
Groundwater Study and Facilities Act 
(Public Law 102–575; title 16) as 
amended, and Reclamation Recycling 
and Water Conservation Act of 1996 
(Public Law 104–266). 
(iv) water measurement and transfer 
actions; 
(v) certification of implementation of 
best management practices for urban water 
conservation; and 
(vi) projects identified in the Southern 
California Comprehensive Water Reclama-
tion and Reuse Study, dated April 2001 
and authorized by section 1606 of the Rec-
lamation Wastewater and Groundwater 
Study and Facilities Act (43 U.S.C. 390h–
4); and the San Francisco Bay Area Re-
gional Water Recycling Program described 
in the San Francisco Bay Area Regional 
Water Recycling Program Recycled Water 
Master Plan, dated December 1999 and au-
thorized by section 1611 of the Reclamation 
Wastewater and Groundwater Study and 
Facilities Act (43 U.S.C. 390h–9) are deter-
mined to be feasible. 
(D) WATER TRANSFERS.—Activities under 
this subparagraph consist of—
(i) increasing the availability of exist-
ing facilities for water transfers; 
(ii) lowering transaction costs through 
regulatory coordination as provided in sec-
tions 301 through 302; and 
(iii) maintaining a water transfer in-
formation clearinghouse. 
(E) INTEGRATED
REGIONAL
WATER
MAN-
AGEMENT PLANS.—Activities under this subpara-
graph consist of assisting local and regional 
communities in the State in developing and im-
plementing integrated regional water manage-
ment plans to carry out projects and programs 
that improve water supply reliability, water
quality, ecosystem restoration, and flood protec-
tion, or meet other local and regional needs, in 
a manner that is consistent with, and makes a 
significant contribution to, the Calfed Bay-Delta 
Program. 
(F) ECOSYSTEM RESTORATION.—
(i) Activities under this subparagraph 
consist of—
(I) implementation of large-scale 
restoration projects in San Francisco 
Bay and the Delta and its tributaries; 
(II) restoration of habitat in the 
Delta, San Pablo Bay, and Suisun 
Bay and Marsh, including tidal wet-
land and riparian habitat; 
(III) fish screen and fish passage 
improvement projects; including the 
Sacramento River Small Diversion 
Fish Screen Program; 
(IV) 
implementation 
of 
an 
invasive species program, including 
prevention, control, and eradication; 
(V) development and integration 
of Federal and State agricultural pro-
grams that benefit wildlife into the 
Ecosystem Restoration Program; 
(VI) financial and technical sup-
port for locally-based collaborative pro-
grams to restore habitat while address-
ing the concerns of local communities; 
(VII) water quality improvement 
projects to manage and reduce con-
centrations of salinity, selenium, mer-
cury, pesticides, trace metals, dissolved 
oxygen, turbidity, sediment, and other 
pollutants; 
(VIII) land and water acquisi-
tions to improve habitat and fish 
spawning and survival in the Delta 
and its tributaries; 
(IX) integrated flood manage-
ment, ecosystem restoration, and levee 
protection projects; 
(X) scientific evaluations and tar-
geted research on Program activities; 
(XI) strategic planning and track-
ing of Program performance; and 
(XII) preparation of management 
plans for all properties acquired, and
update current management plans, 
prior to the purchase or any contribu-
tion to the purchase of any interest in 
land for ecosystem. 
(ii) A 
RESTORATION
MANAGEMENT 
PLAN REPORT.—The Secretary shall submit 
a restoration management plan report to 
Congress, 30 days (not including days on 
which either the House of Representatives or 
the Senate is not in session because of an 
adjournment of more than three calendar
days to a day certain) prior to imple-
menting ecosystem restoration actions as de-
scribed under this paragraph. Such plan re-
ports shall be required for all ecosystem 
projects, (including comprehensive projects 
that are composed of several components 
and are to be completed by staged imple-
mentation) exceeding $20,000 in Federal 
funds. The Restoration Management Plan 
required to be submitted under this para-
graph, shall, at a minimum—
(I) be consistent with the goal of 
fish, wildlife, and habitat improve-
ment;
(II) be consistent with all appli-
cable Federal and State laws; 
(III) describe the specific goals, 
objectives, and opportunities and im-
plementation timeline of the proposed 
project. Describe to what extent the 
proposed project is a part of a larger, 
more comprehensive project in the 
Bay-Delta watershed; 
(IV) describe the administration 
responsibilities of land and water 
areas and associated environmental re-
sources, in the affected project area in-
cluding an accounting of all habitat 
types. Cost-share arrangements with 
cooperating agencies should be included 
in the report; 
(V) describe the resource data and 
ecological monitoring data to be col-
lected for the restoration projects and 
how the data are to be integrated, 
streamlined, and designed to measure 
the effectiveness and overall trend of 
ecosystem health in the Bay-Delta wa-
tershed;
(VI) identify various combina-
tions of land and water uses and re-
source management practices that are 
scientifically-based and meet the pur-
poses of the project. Include a descrip-
tion of expected benefits of the restora-
tion project relative to the cost of the 
project; 
(VII) analyze and describe cumu-
lative impacts of project implementa-
tion, including land acquisition, and 
the mitigation requirements, subject to 
conditions described in clause (iii)(I). 
Complete appropriate actions to satisfy 
requirements of NEPA, CEQA, and 
other environmental permitting clear-
ance; and 
(VIII) 
describe 
an 
integrated 
monitoring plan and measurable cri-
teria, or bio-indicators, to be used for 
evaluating cost-effective performance of 
the project. 
(iii) CONDITIONS.—Conditions, if ap-
plicable, for projects and activities under 
this paragraph, and which are to be de-
scribed in the restoration management plan 
report, are as follows: 
(I) a requirement that before obli-
gating or expending Federal funds to 
acquire land, the Secretary shall first 
determine that existing Federal land, 
State land, or other land acquired for 
ecosystem restoration with amounts 
provided by the United States or the 
State, to the extent such lands are 
available within the Calfed solution 
area, is not available for that purpose. 
If no public land is available the Sec-
retary, prior to any federal expendi-
ture for private land acquisitions, 
shall—
(aa) not convert prime farm 
land and unique farm land, to the 
maximum extent as practicable, 
as identified by local, State, or 
Federal land use inventories, in-
cluding the Natural Resources 
Conservation Service; 
(bb) not conflict with existing 
zoning for agriculture use; and
(cc) not involve other changes 
in existing environment due to lo-
cation and nature of converting 
farmland to non-farmland use. 
(II) a requirement that in deter-
mining whether to acquire private 
land for ecosystem restoration, the Sec-
retary shall—
(aa) 
conduct 
appropriate 
analysis, including cost valuation 
to assure that private land acqui-
sitions prioritize easements and 
leases over acquisitions by fee title 
unless easements and leases are 
unavailable or unsuitable for the 
stated purposes; 
(bb) consider and partner 
with landowners and local agen-
cies to develop cooperating land-
owner commitments that are like-
ly to meet coequal objectives of 
achieving local economic and so-
cial goals and implementing the 
ecosystem restoration goals; and
(cc) consider the potential 
cumulative impacts of fee title, 
easement, or lease acquisition on 
the local and regional economies 
and adjacent land and land-
owners, of transferring the prop-
erty into government ownership, 
and—
(AA) describe the ac-
tions that will be taken, to 
the maximum extent prac-
ticable, to mitigate any in-
duced damages; and 
(BB) determine and de-
scribe the degree to which 
land acquired will add value 
to fish, wildlife, and habitat 
purposes. 
(iv) ANNUAL ECOSYSTEM RESTORATION 
PROJECT
SUMMARY
REPORT.—The Sec-
retary shall, by no later than December 31 
of each year, submit to Congress an annual 
report on the use of financial assistance re-
ceived under this title. The report shall 
highlight progress of project implementa-