IIB 
113TH CONGRESS 
2D SESSION 
H. R. 5781 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 10, 2014 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To provide short-term water supplies to drought-stricken 
California. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘California Emergency Drought Relief Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—CALIFORNIA EMERGENCY DROUGHT RELIEF 
Sec. 101. Definitions. 
Sec. 102. Emergency projects. 
Sec. 103. Temporary operational flexibility for first few storms of the water 
year. 
Sec. 104. Progress report. 
Sec. 105. 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. 
Sec. 204. Allocations For Sacramento Valley Contractors. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Effect on existing obligations. 
Sec. 302. Termination of authorities. 
TITLE I—CALIFORNIA 
EMERGENCY DROUGHT RELIEF 
SEC. 101. DEFINITIONS. 
In this title: 
(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, 
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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 
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 on June 4, 2009. 
(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 on the Long-Term Operational Criteria and Plan 
for coordination of the Central Valley Project and 
State Water Project issued by the United States 
Fish and Wildlife Service on December 15, 2008. 
(7) STATE.—The term ‘‘State’’ means the State 
of California. 
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(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. 
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 the 
State Water Project to provide the maximum quantity of 
water supplies possible to Central Valley Project agricul-
tural, municipal and industrial, and refuge service and re-
payment contractors, and State Water Project contrac-
tors, by approving, consistent with applicable laws (includ-
ing 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 
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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. 
(b) MANDATE.—In carrying out subsection (a), the 
applicable Secretary shall— 
(1) authorize and implement actions to ensure 
that the Delta Cross Channel Gates remain open to 
the maximum extent practicable using findings from 
the United States Geological Survey on diurnal be-
havior of juvenile salmonids, timed to maximize the 
peak flood tide period and provide water supply and 
water quality benefits, consistent with operational 
criteria and monitoring set forth in the California 
State Water Resources Control Board’s Order Ap-
proving a Temporary Urgency Change in License 
and Permit Terms in Response to Drought Condi-
tions, effective January 31, 2014, or a successor 
order; 
(2)(A) implement turbidity control strategies 
that allow for increased water deliveries for the Cen-
tral Valley Project and State Water Project while 
avoiding a negative impact on the long-term survival 
delta smelt (Hypomesus transpacificus) due to en-
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trainment at Central Valley Project and State Water 
Project pumping plants; 
(B) operating within the ranges provided for in 
the smelt biological opinion and the salmonid biologi-
cal opinion to minimize water supply reductions for 
the Central Valley Project and the State Water 
Project, manage reverse flow in Old and Middle Riv-
ers at -5000 cubic feet per second (cfs) unless cur-
rent scientific data indicate a less negative Old and 
Middle River flow is necessary to avoid a negative 
impact on the long-term survival of the listed spe-
cies; and 
(C) 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; 
(3) 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 
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of water from agencies with rights to divert water 
from the San Joaquin River or its tributaries on the 
condition that a proposed sale, transfer, or exchange 
under this paragraph may only proceed if the Sec-
retary of the Interior determines that the environ-
mental effects of the proposed sale, transfer, or ex-
change are consistent with effects permissible under 
applicable law (including regulations), and provided 
that Delta conditions are suitable to allow movement 
of the acquired, transferred, or exchanged water 
through the Delta consistent with the Central Valley 
Project’s and the State Water Project’s permitted 
water rights; 
(4) 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 
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; 
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(5)(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); 
(6) allow any North of Delta agricultural water 
service contractor with unused Central Valley 
Project water to take delivery of such unused water 
through April 15, of the contract year immediately 
following the contract year in which such water was 
allocated, if— 
(A) the contractor requests the extension; 
and 
(B) the requesting contractor certifies 
that, without the extension, the contractor 
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would have insufficient supplies to adequately 
meet water delivery obligations; 
(7) 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 
Central Valley Project water service contrac-
tors; and 
(8) 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 
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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). 
(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-
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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. 
(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). 
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SEC. 103. TEMPORARY OPERATIONAL FLEXIBILITY FOR 
FIRST FEW STORMS OF THE WATER YEAR. 
(a) IN GENERAL.—Consistent with avoiding a nega-
tive impact on the long-term survival in the short-term 
upon listed fish species beyond the range of those author-
ized under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) and other environmental protections 
under subsection (d), the Secretaries shall authorize the 
Central Valley Project and the State Water Project, com-
bined, to operate at levels that result in negative Old and 
Middle River flows at -7500 cubic feet per second (based 
on United States Geological Survey gauges on Old and 
Middle Rivers) daily average for 28 cumulative days after 
October 1, as described in subsection (b). 
(b) DAYS
OF TEMPORARY OPERATIONAL FLEXI-
BILITY.—The temporary operational flexibility described 
in subsection (a) shall be authorized on days that the Cali-
fornia Department of Water Resources determines the 
daily average river flow of the Sacramento River is at, or 
above, 17,000 cubic feet per second as measured at the 
Sacramento River at Freeport gauge maintained by the 
United States Geologic Survey. 
(c) COMPLIANCE WITH ESA AUTHORIZATIONS.—In 
carrying out this section, the Secretaries may continue to 
impose any requirements under the smelt and salmonid 
biological opinions during any period of temporary oper-
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ational flexibility as they determine are reasonably nec-
essary to avoid additional negative impacts on the long- 
term survival of a listed fish species beyond the range of 
those authorized under the Endangered Species Act of 
1973. 
(d) OTHER ENVIRONMENTAL PROTECTIONS.— 
(1) The Secretaries’ actions under this section 
shall be consistent with applicable regulatory re-
quirements under state law, including State Water 
Resources Control Board Decision 1641, as it may 
be implemented in any given year. 
(2) During the first flush of sediment out of the 
Delta in each water year, and provided that such de-
termination is based upon objective evidence, OMR 
flow may be managed at rates less negative than 
-5000 cubic feet per second for a minimum duration 
to avoid movement of adult Delta smelt (Hypomesus 
transpacificus) to areas in the southern Delta that 
would be likely to increase entrainment at Central 
Valley Project and State Water Project pumping 
plants. 
(3) This section shall not affect the application 
of the salmonid biological opinion from April 1 to 
May 31, unless the Secretary of Commerce finds 
that some or all of such applicable requirements may 
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be adjusted during this time period to provide emer-
gency water supply relief without resulting in addi-
tional adverse effects beyond those authorized under 
the Endangered Species Act of 1973. In addition to 
any other actions to benefit water supply, the Sec-
retary and the Secretary of Commerce shall consider 
allowing through-Delta water transfers to occur dur-
ing this period. 
(4) During operations under this section, the 
Secretary of the Interior, in coordination with the 
Fish and Wildlife Service, National Marine Fisheries 
Service, and California Department of Fish and 
Wildlife, shall undertake a monitoring program and 
other data gathering to ensure incidental take levels 
are not exceeded, and to identify potential negative 
impacts and actions, if any, necessary to mitigate 
impacts of the temporary operational flexibility to 
species listed under the Endangered Species Act of 
1973. 
(e) TECHNICAL ADJUSTMENTS
TO TARGET PE-
RIOD.—If, before temporary operational flexibility has 
been implemented on 28 cumulative days, the Secretaries 
operate the Central Valley Project and the State Water 
Project combined at levels that result in Old and Middle 
River flows less negative than -7500 cubic feet per second 
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